Westbury, NY - July 25, 2017 - Third Squad detectives report the arrests of two Westbury men for an incident that occurred on Monday, July 24, 2017 at 3:15 pm in Westbury.
According to detectives, Herberth Hernandez, 40, was hired by Hamen Gonzales-Cruz, 35, to kill a male victim for $500.00. Gonzales-Cruz wanted the 30 year old male, “Out of the picture”, because he was involved in an ongoing relationship with the victim’s girlfriend.
Hernandez, while in front of Uptown Restaurant Grill, 1005 Prospect Avenue, confronted the male, withdrew a handgun that was provided by Gonzales-Cruz and fired one shot into the ground and another into the air, neither of which injured the victim. Hernandez had a change of heart and was unable to shoot the 30 year old.
A 911 call was dispatched regarding the incident and upon police arrival both Hernandez and Gonzales-Cruz were located behind an adjacent building where the officer observed Hernandez drop the gun. Hernandez was immediately placed into custody and a subsequent investigation at the scene led to the arrest of Gonzales-Cruz for his part in the plan.
Hernandez is charged with Conspiracy 2nd Degree, two (2) counts of Criminal Possession of a Weapon 2nd Degree, Reckless Endangerment 1st Degree, Criminal Possession of a Firearm and Menacing 2nd Degree.
Gonzales-Cruz is charged with Conspiracy 2nd Degree and Criminal Facilitation 2nd Degree.
Both defendants will be arraigned in First District Court, Hempstead on 7/25/2017.
A criminal charge is an accusation. A defendant is presumed innocent until and unless proven guilty.