Times Square Rampage Driver May Seek Insanity Defense: Report

MIDTOWN MANHATTAN, NY — The man accused of driving down pedestrians in Times Square, killing one and injuring 22, could plead insanity, the New York Post first reported.

Richard Rojas, 26, is facing two counts of second-degree murder, 18 counts of second-degree attempted murder, 20 counts of first-degree assault and 18 counts of second-degree assault stemming from the May rampage, prosecutors said.

Rojas' lawyer Enrico DeMarco could not confirm with Patch whether he will pursue a plea of insanity for his client. A successful insanity defense could result in Rojas being institutionalized or convicted on lesser charges, the Post reported.

On May 18, Rojas drove his Honda accord down the sidewalk on Seventh Avenue from West 42nd to 45th Street streets, prosecutors said. Rojas, a resident of the Bronx, came to a stop after crashing into a metal bollard and was chased down by civilians and NYPD officers.

While Rojas was being arrested he shouted, "I wanted to kill them," according to a criminal complaint from the Manhattan District Attorney's office. After Rojas was arrested he told a police officer, "I smoked marijuana. I laced the marijuana with PCP," according to the complaint.

Alyssa Elsman, an 18-yearold tourist from Portage, Michigan, was killed during the rampage, police said.

Of the 22 people injured, four had serious wounds such as open fractures, FDNY Commissioner Daniel Nigro said in May. Two of the critically injured were taken to Bellevue Hospital and two were taken to Roosevelt Hospital, Nigro said.

Rojas, a former member of the Navy, was previously arrested in 2008 and 2015 for drinking and driving and was most recently arrested this month for menacing, officials said.

Photo by Steven Hirsch/Associated Press