Thirteen Adults and Not One Man: Last Defendants Sentenced to Prison For Fatal ’09 Beating

Weeks after a jury convicted three men in the fatal 2009 beating of Jose “Danny” Alicea, the last defendants facing homicide charges in connection with his death pleaded guilty to involuntary manslaughter rather than face trial, Suffolk County District Attorney Daniel F. Conley said today.

“Thirteen defendants were charged and thirteen defendants were held accountable,” Conley said.

JUSTIN COOKE (D.O.B. 1/17/84), JONATHAN FERNANDEZ (D.O.B. 12/24/85), and RUSKYN GARCIA (D.O.B. 5/21/84) were sentenced to state prison terms today for their roles in the Aug. 21, 2009, beating of Alicea near Club 33 on Stanhope Street. Alicea died of his injuries three days later.

Cooke, who pleaded guilty today, was sentenced to four years in prison and one year’s probation upon his release. Fernandez, who pleaded guilty Friday, was sentenced to three years in prison plus six months in the House of Corrections, suspended for six months, upon his release from MCI-Cedar Junction. Garcia, who pleaded guilty yesterday, was sentenced to seven and a half to eight years in prison.

Prosecutors affirmatively moved to dismiss homicide charges against a fourth man, MICHAEL WELCH (D.O.B. 5/17/82), for legal, ethical, and strategic reasons after a review of the evidence admissible at trial. Welch pleaded guilty to assault and battery with a dangerous weapon on a surviving victim and received a two-and-a-half year state prison term.

Today’s sentencing followed the involuntary manslaughter convictions of DANIEL EK (D.O.B. 7/13/86), JOHAN GARCIA (D.O.B. 11/24/80), and ANTHONY VILLALOBOS (D.O.B. 12/29/87) after a month-long trial and the guilty plea of JASON BENALFEW (D.O.B. 11/13/82) in the midst of that trial. Benalfew will be sentenced on April 14; the others were sentenced Feb. 28 to state prison terms ranging from four and a half to eight years. All the defendants were from Lynn except Villalobos, who was from Revere.

Five more men were convicted late last year and early this year of assault and battery and assault and battery with a dangerous weapon for punching and kicking three of Alicea’s friends during the same incident. They were sentenced to probation.

Prior to today’s sentencing, Alicea’s brother decried the mob who chased down a hardworking father over nothing more than an exchange of words outside a bar, then beat him so severely that he died.

“All these adults involved, but there wasn’t one man,” Angel Ortiz said. “There wasn’t one man who could be a peacemaker for 30 seconds.”

Today, Ortiz said, was Alicea’s son’s second birthday – an anniversary made poignant by the fact that he was in court presenting an impact statement on behalf of the infant’s slain father.

“My brother and I could be celebrating his son’s second birthday,” he said, “but instead I’m here.”

Suffolk Superior Court Judge Patrick Brady commended the Boston Police homicide squad led by Sgt. Det. James Wyse, who had the task of investigating and sorting out a chaotic attack by more than a dozen suspects – many of them dressed in identical black clothing with red accents.

“What they did, frankly, was under the circumstances commendable,” Brady said.

Conley was more direct.

“We reached this result because Boston Police and Suffolk prosecutors gave this case everything they had,” he said. “There was no room for distraction or misdirection.”

Also today, Conley said DAVID SOK EK (D.O.B. 8/18/85) was being held on $20,000 cash bail following his arrest this weekend with two unlicensed firearms, one of them loaded. David Ek is the brother of Daniel Ek, now serving eight years in prison for his role in the fatal beating. David Ek was arraigned yesterday in Chelsea District Court on two counts of unlawful possession of a firearm and one count each of unlawful possession of ammunition and unlawfully carrying a loaded firearm.

Revere Police arrested David Ek just after midnight Saturday after receiving a call for an asian male in his mid-twenties wearing a black jacket and carrying a gun on Sumner Street. Responding officers saw Ek, who matched the description and allegedly turned, walked away from the officers, and refused orders to stop. When the officers approached him, they observed a semiautomatic handgun in his right hand; as they took him into custody, they recovered a revolver from his left jacket pocket.

Assistant District Attorneys David Frdette and Amy Galatis prosecuted the case. Katherine Moran was the DA’s assigned victim-witness advocate.