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Queens Chronicle

Man convicted of 2010 J train murder

Victim killed on 85th St. train platform

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Posted: Thursday, December 6, 2012 10:30 am

An Elmhurst man has been convicted of the murder of a Woodhaven man on a subway platform above Jamaica Avenue in 2010.

Benjamin Moreira, 21, of Elmhurst, was convicted Friday for the murder of 27-year-old Dario Paiva at the 85th Street-Forest Parkway subway station in July 2010, after Paiva came to the aid of his younger brother, Khristian Paiva.

“This senseless stabbing has robbed a young man of his life and his family of his companionship,” said District Attorney Richard Brown. “Such a vicious act of violence demonstrates that this defendant is a threat to society and deserving of a lengthy prison sentence.”

According to trial testimony, the younger Paiva called his mother who lived nearby on 85th Street at around 11:30 p.m. on July 30, 2010. Upon overhearing a commotion over the phone, Paiva’s mother thought he might be in trouble.

After speaking with his mother about the phone call, Dario left the home and met up with his brother on 85th Street near Jamaica Avenue a few minutes later and was told by Khristian that he had been attacked and punched by a group of men, and his assaulters had fled up the stairs to the elevated J train subway station. Dario went into the station to look for them and became involved in a verbal dispute when he was stabbed once in the chest by Moreira.

Khristian carried his injured brother off the platform to the mezzanine level of the train station. EMS responded and Dario was taken to Jamaica Hospital Medical Center, where he later died.

Moriera was later arrested and stood trial on charges of second-degree murder, first-degree manslaughter, tampering with physical evidence of second-degree murder and fourth-degree criminal position of a weapon. He was convicted of all.

Moriera will be sentenced on Jan. 23 and faces 26 1/3 years to life in prison.

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