Court: Child Endangerment Case, Wine Thief Arraigned, Assault Case Dismissed

Here's a look at what happened during Port Chester Court's July 22 session. Court is in session every Monday, Thursday and Friday.

Alleged Bar Robber Maintains He Was Falsely ID'd

Hector Merrero, 28, of Port Chester is charged with felony robbery after allegedly brandishing a weapon at the La Dolce Vita Bar on Main Street last month and making off with an undisclosed amount of cash.

He entered a plea of not guilty when he was arraigned on June 28, and has since maintained that he was falsely identified by the owner of the bar. Now, his case is adjourned for another month while authorities revisit the crime and witness statements.

A witness "said the robber was wearing sunglasses and a dark shirt, but [Merrero] was wearing a white shirt and his regular [prescription] glasses" when he was arrested, Merrero's attorney said.

Merrero did not have a gun or large amounts of cash on him when he was arrested.

The attorney also said that Merrero, who works for a valet parking company, has not been in trouble with the law since 2003, and pointed out that he's a family man with four children and a fiancee.

On Thursday the assistant district attorney said his office "needs a month for further investigation." The case was adjourned to August 26.

Assault Case Dismissed After Victim Goes M.I.A.

David Lopez Muniz came to court Thursday for a hearing in his felony assault case. Lopez Muniz was accused of attacking a Port Chester man last month, possibly in an altercation over a girl.

But the victim hasn't responded to requests by the district attorney's office for testimony. When Port Chester police tried to hand-deliver a subpoena to the victim's home, they were told he no longer resides at that address.

Judge Joseph Vita had no choice but to dismiss the charges.

Alleged Wine Thief is Arraigned

Russell Kasmyrczek of Greenwich is charged with felony robbery after allegedly breaking into a Port Chester restaurant earlier this week and stealing a bottle of wine.

On Thursday the suspect was arraigned, and Judge Vita kept his bail at $1,000. The DA's office had asked for $10,000 bail, citing Kasmyrczek's lengthy rap sheet, which includes multiple DWI convictions.

The case was adjourned to July 29.

Alleged Wife Captor Pleads Guilty to Reduced Charges, Faces Immigration Issues

Mariano Espinoza, 27, of Oak Street was charged with second-degree unlawful imprisonment, a misdemeanor.

His wife alleged that on the afternoon of July 13 she attempted to leave their Oak Street apartment to go out with friends, but Espinoza blocked the door, restrained her arms and verbally abused her.

But Espinoza's wife has refused to testify on the record, and on Thursday the district attorney's office made an offer to reduce the charge to second-degree harassment. Espinoza pleaded guilty and was sentenced to ten days of incarceration. A two-year order of protection was granted on the wife's behalf.

Judge Vita noted that Espinoza has an "ICE (Immigration and Customs Enforcement) hold" on him, meaning that once he has served the ten days he will be handed over to federal agents and possibly deported.

Mother Given Custody in Child Endangerment Case

Maria and Jose Quishpi are facing one count each of endangering the welfare of a child. The details of the incident from which the charges stem were not immediately clear, but authorities say it involved the couple's 13-year-old son, who is deaf and can only communicate through sign language.

On Thursday, Judge Vita lifted the temporary order of protection against Maria Quishpi, allowing the child to reside with her.

"[The boy] only knows sign language, and his mother is the only one who uses sign language," Vita explained.

He added: "Taking care of a 13-year-old can be hard, even when they're not a special-needs child. But if you need help, there are resources available."

The father, Jose Quishpi, is still barred from having contact with the boy. The case was adjourned to August 19.