STATEN ISLAND, N.Y. — Damian Kleba, 34, was identified by police as the man who was brutally slain inside his New Springville home early on Sunday morning.
Daniel Perez, 34, who shared the victim’s residence in the 400 block of Travis Avenue, was taken into custody by police a few hours later.
Judge John McPadden arraigned Perez in Criminal Court on Monday, charging him with second-degree murder and criminal possession of a weapon in connection with the killing.
When police arrived at their home on Sunday at around 1:45 a.m., they discovered Kleba with a stab wound in his torso. According to an earlier NYPD statement, Kleba was declared deceased at the site by EMS.
On Sunday, there was a noticeable NYPD presence in front of the house, and caution tape was used to block the entrance, which had bloodstains on the steps leading to the door.
Perez’s lawyer raised the issue of self-defense during the Monday court appearance, while also mentioning what appeared to be a mental health issue.
Given the seriousness of the charges, prosecutors from the Richmond County District Attorney’s Office asked the court on Monday to detain Perez without bail.
Although she acknowledged the seriousness of the top count, defense lawyer Rebecca Rosenfeld, a public defender with the Legal Aid Society, stated that there are extenuating circumstances that, from a legal perspective, could permit her client to be freed on non-monetary bond.
The defense claims that Perez was a beneficiary of a supportive housing program that helps adults with mental illness. According to Rosenfeld, he has a major mental health diagnosis. For his family, any bail would be a hardship.
Rosenfeld went on to say that Perez has no known connections outside of the state, city, or borough that could make him a flight risk. She added that he only has one misdemeanor conviction from ten years ago.
According to Rosenfeld, the defendant cooperated completely with police during the arrest and interrogation process.
According to Rosenfeld, the possibility of a self-defense justification is open because there was no security film nor eyewitness accounts.
Rosenfeld proposed putting her client under rigorous supervision or electronic monitoring in place of bail.
McPadden said he examined the case’s facts and decided the prisoner should be jailed without bail, ignoring a counterargument from the prosecution.
Before postponing the proceedings until Friday, judge mandated that Perez obtain evaluation and therapy for his physical and mental health on Rikers Island.
Perez’s mother sobbed in the gallery throughout the arraignment. As the officers took him out of the courtroom, she managed to recite an I love you.
The defense would have another chance to argue for bail in the state Supreme Court in St. George if a grand jury indicted him on felony charges.
Stories by
Maura Grunlund
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