Queens Man Sentenced In Westchester Restaurant Stabbing

YONKERS, NY — A man who stabbed his co-worker in a fight over splashing in a restaurant kitchen has been sentenced in what the judge called a "senseless" killing. Francisco Smile Nicasio-Ramirez of Queens received a 14-year state prison sentence, Westchester County District Attorney Anthony A. Scarpino, Jr.announced.

Nicasio-Ramirez and 54-year-old Rafael Pena were working together in the kitchen of Dia & Noche, a Latin restaurant at 640 McLean Ave., Yonkers, Oct. 17, 2017, when an argument broke out at about 4:50 p.m. over water being splashed around. (To see more news, sign up for Patch’s daily newsletters and updates.)

Nicasio-Ramirez grabbed a kitchen knife and stabbed Pena. Pena was taken to a local hospital by another co-worker where he died later that night. Nicasio-Ramirez was arrested at the scene.

The family of Pena was in the court for sentencing and asked that a letter written by the victim’s sister be read aloud. In her impact statement on behalf of the entire family, she reminded the court that her brother left behind an adolescent son, and told his killer that despite what happened, “I do not want to hold onto vengeance. Vengeance you leave to God.” And she said, she hoped he“will transform himself into a good person.”

Westchester County Court Judge Barry Warhit sentenced the 23-year-old to 14 years for Manslaughter in the First Degree, a class B violent felony, and one year for Criminal Possession of a Weapon in the Fourth Degree, a class A misdemeanor. Both sentences will run concurrently. He had pleaded guilty to both counts May 23.

Judge Warhit thanked the family for their words and reminded the defendant of how “senseless” a killing this was as he passed sentence.

Assistant District Attorney James Bavero of the Superior Court Trial Division prosecuted the case.

PHOTO: Smile Nicasio-Ramirez in court/Westchester County DA's Office

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