NYPD stop man for smoking in subway—then arrest him on murder charges from 2020

A man was arrested for an alleged murder that took place in Queens in 2020 after he was stopped by the New York Police Department for smoking in the subway.

Brooklyn transit cops stopped the 36-year-old Luis Hernandez after he was seen smoking on the subway on Friday. Under normal circumstances, Hernandez would have been released with a simple court summons, but he was held up after officers scanned his name and found out he was wanted for murder, Daily News reports.



Police took Hernandez to Queens and showed him video and photos showing him at a murder scene on 31st St. near 36th Ave. in Astoria, according to authorities. 

Police say Hernandez and three or four others took part in the murder of Richard Hernandez, 21 on Feb. 9, 2020.

“Mr. Hernandez has pleaded not guilty and fully intends on fighting the charges against him,” his attorney, Mahmoud Rabah, told the Daily News on Monday.

“Mr. Hernandez is a committed father of a young child,” Rabah claimed. “He is a hardworking immigrant who has held a stable job in a meat processing plant for years. He completely maintains his innocence and looks forward to his day in court.”

Hernandez has no prior arrests and was arraigned in Queens Criminal Court on Sunday.

The victim, who is not related to Luis, was out with friends when a fight erupted. Witnesses told the Daily News that at least one attacker was armed with a machete, and another a knife. The victim was slain just a few blocks away from where he lived, and ultimately could not be saved after being taken to Mount Sinai Queens. Three other men sustained minor wounds during the brawl, police reported at the time.

Police said on Monday that the attack was linked to gang activity. Authorities remain in pursuit of Hernandez's accomplices.