The art of Kevin Blythe Sampson

THE ART OF
KEVIN BLYTHE SAMPSON

9/9/09

Two men plead not guilty in Newark shootout that hospitalized 4-year-old girl

by Alexi Friedman/The Star-Ledger

Wednesday September 09, 2009, 6:26 PM

Courtesy of the Newark Police DepartmentRasheed Nelson

NEWARK -- Two Newark men who police say were involved in a shoot-out that left a 4-year-old girl hospitalized after being struck by a stray bullet pleaded not guilty to assault and weapons charges today.

Police say Curtis Daniels, 32, and Rasheed Nelson, 26, exchanged gunfire in the courtyard of the Betty Shabazz Apartments on Irvine Turner Boulevard on Sept. 1 around 4 p.m.

Daniels allegedly stepped out of a stolen Audi then chased down Nelson. Daniels fired his gun at Nelson, who fired back, police said. Four gunshots went off between the two men, authorities said.

One of the bullets hit Nelson in the right hand, authorities said. But another strayed, hitting the 4-year-old girl, who lost a substantial amount of blood and was barely conscious when EMTs arrived on the scene, Assistant Prosecutor Vito DiBuono said at the afternoon hearing.

Taken to University Hospital in critical condition, the girl has since improved but remains there, in stable condition, DiBuonno said.

Daniel and Nelson appeared by video conference in state Superior Court in Newark. The court appearance took place in front of Newark Chief Municipal Court Judge Richard Nunes.

Charges against Daniels, who served 7 years in prison for aggravated manslaughter, include counts of aggravated assault on Nelson and the child. DiBuono said there were multiple witnesses to the shooting.

The prosecutor's office said it will consider bringing attempted murder charges against Daniels when the case is presented to a grand jury. That charge would relate to the shooting of Nelson, the intended target, authorities said.

Courtesy of the Newark Police DepartmentCurtis Daniels

Daniels' bail is $1 million, while Nelson's is $200,000.

Nelson, who has a history of arrests, was apprehended hours after the shooting, when he sought treatment at University Hospital for the gunshot wound. His right hand was still wrapped in a bandage at today's hearing, where he was represented by a public defender.

Daniels surrendered to Newark police at his attorney's office in Orange Saturday morning, a day after police launched a manhunt for him.

Detectives continue to search for a third man, who fled with Daniels in the Audi following the shooting, Newark police Sgt. Ronald Glover said.

Daniels' attorney, Sebastian Bio, said at the arraignment that his client walked into his office two days after the shooting, after hearing police were searching for him. Bio contacted authorities, saying Daniels would turn himself in the following Tuesday, after Labor Day.

"No one contacted my office with an objection," Bio told the judge, as Daniels' wife, sister and other family members sat in the courtroom. He insisted his client never set foot outside Essex County in the days before his arrest, and should not have been labeled a fugitive.

Bio also requested his bail be lowered, saying the amount "far exceeds the norm for aggravated assault charges." The judge denied that request, but the attorney plans to seek a further review in Superior Court.


Previous coverage:

Two men arraigned in Newark shootout that injured 4-year-old girl

Newark man sought in shootout that injured 4-year-old girl

Man is arrested for shooting that injured 4-year-old girl in Newark

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