Suspect in Times Square van attack found not guilty due to mental illness

Richard Rojas, a Navy veteran, told police after the attack that he "wanted to kill", was found to not be in control of his actions when killing 18-year-old Alyssa Elsman, the jury found.

According to the New York Post, the father of the victim called the decision "bullshit." Rojas will avoid prison and will instead be committed to a mental health facility. Family members of Rojas did not comment on jury's decision.

Prosecutors argued that Rojas had the presence of mind to drive to Times Square and commit the attack.

“The defendant made a decision that day,” assistant District Attorney Alfred Peterson said. “He went to the ‘Crossroads of the World,’ a high profile place where everyone knows there’s lots and lots of people."

Rojas admitted to police that he had smoked PCP and marijuana prior to the attack. A psychiatrist, however, said that Rojas had schizophrenia.

Defense attorney Enrico DeMarco argued that Rojas had "lost his mind," and showed video of Rojas being detained wherein he yelled "Oh my God, what happened?"

That still was not enough for the deceased's father, who said that they're "trying to make up stories."

“I think, honestly, they have no defense and they’re trying to make up stories and he was on drugs,” Elsman said, adding, “No he wasn’t … He knew what he was doing, he knew what he did.”

His other daughter, Ava, was just 13 and was also injured during the attack, and testified about the event saying she laid there trying to "not die."

Elsman added: "You killed my daughter and my other daughter has scars for the rest of her life, let alone she doesn’t have her sister with her so that’s it, that’s it."

The Post reports that Rojas had a criminal history with several run-ins with police, including an incident where he put a knife to the throat of a notary who he said had stolen his ID.

"He joined the Navy in 2011 but his service ended in the wake of a 2012 arrest where he allegedly beat up a cab driver he felt overcharged him. He was court-marshaled and spent time in a military prison when the Navy took jurisdiction in that case," the Post writes.