SCHENECTADY The man accused of killing Jose "Mikey" Torres as he relaxed in his backyard was arraigned this morning in Schenectady City Court.
Emmanuel F. Martinez, 28, of Schenectady, was formally told of the charges against him: murder, attempted murder, assault, reckless endangerment and possession of a firearm.
Bail was not set; he will return to City Court for another hearing on Sept. 17 at 1:30 p.m.
Until then, he was remanded to the county jail.
Martinez is accused of killing Torres and shooting his brother, Luis Gomez.
Gomez was grazed in the neck and has been released from the hospital. According to Gomez, the family was enjoying a Labor Day weekend gathering in Torres' backyard on Becker Street when a gunman walked up and fired three shots.
He said his brother had no enemies and expressed astonishment that anyone would want to kill him.
Martinez was apprehended Wednesday by the U.S. Marshals Service in Brooklyn, nearly two weeks after the shooting.
Torres was shot in the chest and Gomez was grazed in the neck in the backyard of 1633 Becker St. around 9:40 p.m. Aug. 30. Witnesses initially reported hearing three shots and seeing three men walk away from the scene.
Torres was rushed to Albany Medical Center, where he died. Gomez recovered.
Torres’ funeral last week drew hundreds of mourners back to the place where he was shot. The crowd that gathered around a curbside memorial for the dead man was large enough to block the street and became unruly when police tried to disperse them.
As the crowd turned on police, officers called for mutual aid. Police from Rotterdam, Glenville, Niskayuna, the Schenectady County Sheriff’s Department and New York State Police were called to control the crowd; two people who refused to leave were later arrested.