Prosecutor: Insult outside Hempstead bar led to man's killing

An insult voiced outside a Hempstead bar cost a 39-year-old landscaper his life after an enraged Bronx man reacted by stabbing him repeatedly before fleeing, a prosecutor told jurors Monday.

“All of the evidence in this case has proven him guilty,” prosecutor Veronica Guariglia said of Daniel Abrego Davila, 33, as she finished her closing argument at his murder trial in Nassau County Court.

But the defense contended a video showing the April 10, 2016, slaying was “murky,” and called the testimony of two prosecution witnesses who also initially had faced murder charges “tainted.”

“We have no physical evidence at all connecting the defendant with the scene,” said defense attorney Patrick Haughey, who added that the knife used in the killing was never found.

Prosecutors say victim Rolando Cruz of Freeport was exiting a Fulton Avenue bar and made a disparaging remark about Abrego Davila’s manhood when a bouncer wouldn’t let Abrego Davila’s group of three in, leading to a confrontation that turned deadly.

Guariglia defended the testimony of prosecution witnesses William Lopez, 36, of Hempstead, and Jorge Poshon, 31, of Freeport, telling jurors they were “buddies” of the defendant who “were held accountable for their conduct on that date” by pleading guilty to what they did wrong.

But Haughey portrayed Lopez and Poshon — who also had been arrested on murder charges in the case — as “heavy drinkers” who had cooperation agreements and whose accounts couldn’t be trusted.

Lopez pleaded guilty to gang assault, and his murder charge was dropped, court records show. His attorney, Anthony Rattoballi, said Monday he expects his client to get a 5-year prison term next month.

Poshon pleaded guilty to hindering prosecution, Guariglia told jurors. Poshon’s attorney, Steven Barnwell, said Monday he expects his client to get a sentence of up to 3 years in prison next month.

The three friends had been to different bars together in the hours before the deadly attack, according to the prosecution, which portrayed Abrego Davila as a man who became angry when he lost his cellphone and his friends were refused entry to multiple bars.

Guariglia said the victim’s comment to Abrego Davila sparked an outrage that turned deadly when he plunged a military-style knife into Cruz’s body more than five times, including once into his neck.

The prosecutor urged jurors to use evidence including multiple videos, cellphone information and witness testimony, including from a woman who allegedly heard Abrego Davila bragging about the stabbing, to convict him.

Jury deliberations are expected to start Tuesday.