NEW YORK (1010 WINS/WCBS 880) — A Queens man was indicted on charges related to the killing of a 24-year-old at his own birthday party in a shooting that also injured three others, prosecutors said on Thursday.
Curtis Benjamin, 27, was arraigned on a 14-count indictment charging him with murder, attempted murder, assault, attempted assault, reckless endangerment and criminal possession of a weapon charges.
According to the charges, Benjamin was in a black SUV when he arrived near D-Touch Collision, an auto repair shop at 129-09 89 th Ave. in Richmond Hill, on the night of July 2, 2022.
Justin Baerga, who had turned 24 only days earlier, was hosting his birthday party at the shop.
The entrance to the shop included a metal gate which was half open when Benjamin allegedly walked down the street, armed with a gun, and fired 12 shots into the garage.
Baerga was struck in the head and legs. He was transported to Jamaica Hospital Medical Center where he died.
Three others were hit by the gunfire but survived their injuries.
“A night of celebration turned into one of violence when a young man lost his life in a cold-blooded shooting that also wounded three others," Queens District Attorney Melinda Katz said. "We will not let senseless gun violence shake our resolve to get illegal firearms and those who use them off our streets.”
If convicted, Benjamin could face more than 25 years to life in prison. He is expected back in court on September 19.
According to Baerga’s mother Peggy Herrera, a youth counselor and member of Freedom Agenda (a member-led organization of people affected by incarceration), her son had previously been a prisoner at Rikers Island.
Herrera wrote an opinion piece published in the New York Daily News in March 2023 calling on Mayor Eric Adams to move forward with plans to close Rikers Island to “reduce the city’s capacity to jail human beings and instead emphasize diversion and alternative programs proven to promote public safety,” even as she mourned the violent killing of her son.
She said that Adams pointing to shootings like the one that killed Justin as a means of promoting a “Plan B” to closing the notoriouis jail “[deepened her] pain.”
The New York Times reported in March that Rikers Island would most likely not be closed by the legally mandated deadline of August 2027, citing Jacques Jiha, the city’s budget director.
Jiha told the New York City Council that “We know it’s not going to happen by 2027,” referring to the complete construction of four replacement borough facilities.
“Even if we fill Rikers to capacity, I guarantee it will not end gun violence. Rikers perpetuates violence inside and outside the borders of that miserable island, and it’s not working for our communities,” Herrera wrote. “Real public safety is addressing root causes and investing in prevention.”
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