Parks employee accused of murdering migrant in Brooklyn playground

August 22, 2024 Robert Abruzzese, Courthouse Editor

A NYPD van. Scott Roth/Invision/AP

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A 23-year-old Queens man was indicted on charges of murder as a hate crime in connection with the fatal shooting of a Venezuelan migrant who was living in a Bed-Stuy playground on Wednesday.

The suspect, Elijah Mitchell, allegedly shot the victim, Arturo Jose Rodriguez Marcano, following a dispute three days earlier in the same park where Mitchell had been employed as a temporary Parks Department worker.

District Attorney Eric Gonzalez announced the indictment on Wednesday, stating that the killing was a premeditated act fueled by animosity towards new arrivals to the city.

“This defendant allegedly came to the location where the victim was staying, armed with a gun, to settle a score,” Gonzalez said. “This premeditated and coldblooded homicide is outrageous on many levels, not least because the alleged motive was hatred towards new arrivals to our city.”

The indictment charges Mitchell with second-degree murder as a hate crime, second-degree murder, criminal possession of a weapon, and menacing as a hate crime. If convicted, Mitchell faces up to 25 years to life in prison. Bail was set at $350,000 cash or $2.5 million bond, and Mitchell is due back in court on October 23, 2024.

Steuben Playground in Brooklyn, viewed from Williamsburg Street West looking north. The playground, which became the site of a tragic shooting, has been at the center of a case involving a hate crime against a migrant living in the park. Screenshot via Google Street View

The incident occurred on July 21, 2024, inside Steuben Playground, where Rodriguez Marcano, 30, had been living in a tent along with other migrants.

According to the investigation, Mitchell had previously confronted the victim on July 18, allegedly displaying a gun during an argument after becoming angry that migrants were staying in the park. Three days later, Mitchell allegedly returned to the playground and shot Rodriguez Marcano once in the chest. The victim was pronounced dead at New York-Presbyterian Brooklyn Methodist Hospital shortly thereafter.

Rodriguez Marcano, who had arrived in New York from Venezuela, had been reportedly living in the playground for about two months after his time at a nearby shelter expired. Known affectionately by other migrants as “Ozuna” for his love of singing, Rodriguez Marcano was remembered by friends as a charismatic and happy person.

Mitchell, who worked as a seasonal Parks Department employee, was fired following his arrest. In an interview with police, he admitted to being in the park on the night of the shooting but denied involvement in the crime. He claimed he had no issue with migrants, stating, “I go to work, I cut grass, and that’s it. No, I don’t have a problem with the migrants.” He added that his grievances were with the government, not the migrants themselves.

The case is being prosecuted by Senior Assistant District Attorney Robert Schwartz, with assistance from the Hate Crimes Bureau, under the supervision of Assistant District Attorney Leila Rosini, chief of the Homicide Bureau.