JUDGE BAIL FAIL
Career criminal free to ‘kill’
A Bronx judge last month refused a prosecutor’s request for $5,000 bail on José Gonzalez (above) — despite his 31 arrests — after a violent confrontation with a cop. Free on the streets, Gonzalez allegedly killed a city EMT last week.
A rookie judge appointed by Mayor de Blasio refused to hold a mentally unstable career criminal on $5,000 bail in a violent case last month — leaving him free to allegedly kill a city EMT.
Bronx Criminal Court Judge David Kirschner, who has been on the bench since June, balked at a prosecutor’s request to set bail for suspected gang-banger José Gonzalez on Feb. 26.
Gonzalez had been hauled into Kirschner’s courtroom for getting violent with a cop during a robbery arrest — a crime he committed while free in an assault case, authorities say.
Kirschner, who served two stints as a Bronx prosecutor that totaled around 12 years, instead cut loose the reputed Bloods gang member without any bail.
On Thursday, just three weeks after he was let go, Gonzalez fatally mowed down EMT and mother of five Yadira Arroyo, 44, after stealing her ambulance, according to authorities.
“Many of [his prior busts] don’t seem that severe, but after a while, a judge has to look at the numbers — 31 arrests is a lot,” said an NYPD source. “And the one with the cop — they definitely should have at least held him on some bail.”
Another NYPD source said, “You would think with 31 arrests, the judge would have taken this a little more seriously.”
In the case in front of Kirschner, Gonzalez, 25, was originally accused of robbery, but the victim wouldn’t cooperate. He got slapped with charges for resisting arrest and kicking out the window of a police van, after which he went on a foul-mouthed rant.
Gonzalez also had charges pending against him from a June 2016 attack on a worker at the homeless shelter where he lived, just down the block from Arroyo’s home.
Gonzalez was freed without bail in that case by another Bronx judge, Laurence Busching, who rejected a prosecution request for $2,000 bail.
Arroyo’s relatives were outraged that Gonzalez, who six times has been remanded for psychiatric care, was walking the streets despite his repeated arrests.
“We don’t understand why he kept getting released,” said her uncle, Edwin Rosado, 53. “He should never have been let out of jail. Especially if they’re saying he’s freaking nuts.”
Theodore Miraldi, a court-appointed guardian tapped to represent Gonzalez in Housing Court in January, after the suspect’s alleged attack on the shelter worker, told The Post he knew “there was something desperately wrong.”
Miraldi said he immediately begged off the case, in which Gonzalez was facing eviction from his homeless shelter for attacking people there, after Gonzalez ranted to him “about the Illuminati” and how he “thinks on a higher level.”
“He looks like a time bomb, and he’s ready to explode,” Miraldi said. “If I was a judge and looking at his arrest record and the type of charges, why would I let him out?”
A request for comment from Kirschner was returned by a spokesman for the state court system who said, “As we know, in New York state, bail considerations are relative to the particular case, and the judge, using his discretion, did what he felt what was appropriate for that case.” City Hall declined to comment. Meanwhile Sunday night, hundreds of EMTs gathered for a candlelight vigil at the Bronx intersection where Arroyo was killed.
They erupted into chants of cheers of “Yadira! Yadira!” and Yadi! Yadi!” and “We love you, Yadi!”
Äs for Gonzelez, “He belongs in jail! Murderer! Murderer!” the crowd chanted.