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Victims of Fatal Shooting Were Mistakenly Targeted as Gang Members: Sources

By Ewa Kern-Jedrychowska | September 16, 2016 10:45am | Updated on September 18, 2016 3:42pm
 Prosecutors said the gunman asked the victims whether they were members of the Kings street gang, before opening fire.
Prosecutors said the gunman asked the victims whether they were members of the Kings street gang, before opening fire.
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NYPD

QUEENS — The victims of a Jamaica shooting that left one man dead and two others injured were mistakenly targeted as rival gang members while they were visiting family, police sources said.

The victims were sitting in their 2005 black Dodge Magnum parked in front of 139-01 89th Ave., near Jamaica Avenue, around 9:30 p.m. on Sept. 3, when the gunman, Elvin Hernandez, approached them.

He asked, “Are you Kings?” before firing multiple rounds, according to police officials and the Queens District Attorney's office. 

Albert Schaper, 20, of North Bergen, New Jersey, who was sitting in the front passenger seat, was shot in the chest and was pronounced dead at Jamaica Hospital, according to the NYPD.

Another man, 31, was shot in both arms and taken to Jamaica Hospital where he was listed in stable condition. A third man, 21, was struck by shattered glass and sustained multiple lacerations, police said. 

Five days later police arrested 28-year-old Hernandez, and he was arraigned on a complaint charging him with murder, attempted murder and criminal possession of a weapon, officials said.

Prosecutors said they believe Hernandez was affiliated with a street gang clashing with the Latin Kings.

Sources said that the victims, two of whom were from New Jersey and one from Ozone Park, were visiting a family member that night and were not gang members.

The gunman opened fire following a dispute which lasted no longer than 10 seconds, according to sources.

Hernandez told investigators that he believed he was protecting his family and the neighborhood, sources said.

According to the criminal complaint, he later took apart the revolver he used and threw the parts away at several locations.

It was not immediately clear whether the parts were recovered.

Hernandez, who lives only a few blocks from where the shooting took place, has no prior criminal history, officials said.

If convicted, Hernandez faces up to 25 years to life in prison, according to the DA's office.

He is being held without bail and is due back in court on Sept. 23.

Hernandez’s attorney did not immediately return a phone call seeking comment.