"Pinky" the 13-year-old Newburgh boy accused of manslaughter in the stabbing death of 17-year-old Levi King Flores was found guilty by Orange County Family Court Judge Andrew Bivona. He had been charged as a juvenile with:
- 1 Count Second-Degree Manslaughter (felony)
- 3 Counts of Second-Degree Assault (felonies)
- 1 Count of Fourth-Degree Misdemeanor Criminal Possession of a Weapon.
At the time of his arrest "Pinky" had been charged as an adult with second-degree murder. Later a grand jury, finding there was insufficient evidence to support that charge, opted instead to charge him as a juvenile with the lesser offense of second-degree manslaughter.
The trial began on Feb. 3, 2010 in Goshen, NY. The prosecution introduced as evidence - a videotaped interview with the boy, the knife used in the killing and DNA evidence - all of which was deemed inadmissible because the police failed to follow proper procedures.
The trial did however continue with two witnesses, a 12-year-old and a 13-year-old boy, who were allowed to testify. They told the court of the events leading up to the street fight resulting in the death of 17-year-old Levi King Flores.
The prosecution wrapped up its case against "Pinky" on Wed. Feb. 17. The defense declined to present any witnesses - not even "Pinky" himself - and requested that the charges be dismissed. The judge, Andrew Bivona, did no such thing.
Without so much as taking a break, Judge Andrew Bivona of Orange County Family Court declared the 13-year-old boy guilty.
After the verdict the family of the slain 17-year-old Levi King Flores went into consultation with the prosecutors.
13-year-old "Pinky" faces possible incarceration until he is 18. His family left the court without any comment.
