Investigators: Bronx DA declines to dismiss murder case despite new evidence

NEW YORK (WABC) -- A man charge with murder in a deadly stabbing in the Bronx was back in a courtroom Friday, hoping that new evidence that suggests he was not the perpetrator would lead to his freedom. But once again, Enger Javier left frustrated and angry.

His attorney, David Cohen, asked the court to dismiss the case, for which Javier has never stood trial. Hansell Arias was stabbed to death back in 2012, and while Javier admits to witnessing the crime, he is adamant that he had nothing to do with it.

Our investigation last month revealed a video withheld by the prosecution that revealed Javier likely had no role in the stabbing. It shows the victim running away from his attackers seconds after he was stabbed, and Javier is not in the chase but standing off to the side.

We also reported how, while Javier sat in a Rikers Island cell for two years, the district attorney never tested the victim's finger nails for DNA. After intense family pressure, the DNA was tested and found negative, proving Javier was not the source.

On Friday, Cohen filed a motion to dismiss based on additional information uncovered by private investigator Manuel Gomez.

"We have six witnesses, spoken to them, recorded them, as to who the murderers are," Gomez said. "Not only that, I've also given the addresses of the suspected killers, as well, and pictures. And nothing has been done.''

Assistant District Attorney John Morabito was given the eyewitness affidavits two months ago, and still, he told the judge he needs more time before he considers dropping the charges.

"We are moving with all deliberate speed and alacrity to resolve this in the interest of justice," he said.

Speed is not how Enger Javier would describe his three-plus years fighting to prove he's innocent. This was his 26th court appearance.

"I'm surprised, but not too much," he said. "That's all they do in this court is delay and delay."

And hope is not quite enough consolation for his family.

"I'm not happy today, because I wanted justice," mom Dilenia Calcano said. "No justice for my son, for my family."

Javier is out of prison, but he must wear an GPS-equipped ankle bracelet. He says all he wants is a trial or the charges dropped.

Meanwhile, the private investigator says with six eyewitnesses naming the same guy as the killer, he wonders why the District Attorney has still not issued an arrest warrant.
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