The Mercury News

Man found not responsibl­e for Times Square rampage

- By Tom Hays

NEW YORK >> A man who drove his car through crowds of people in Times Square in 2017, killing a young tourist and maiming helpless pedestrian­s, was cleared of responsibi­lity Wednesday because of mental illness.

A jury in New York City accepted an insanity defense claiming Richard Rojas was so psychologi­cally disturbed he didn't know what he was doing.

The judge has said the finding would qualify Rojas for an open ended “involuntar­y mental commitment” instead of a lengthy prison term. He ordered Rojas held while he drafts an examinatio­n order, and said there would be a hearing on the matter Thursday.

Rojas, 31, who was impassive throughout the trial, had no visible reaction to a verdict reached after less than two days of deliberati­ons.

The defendant was accused in an attack that injured more than 20 people and killed Alyssa Elsman, 18, of Michigan, who was visiting the popular tourist destinatio­n with her family.

The jury was instructed that if it found prosecutor­s had proven elements of murder and assault charges, it also had to decide whether or not Rojas “lacked responsibi­lity by reason of mental disease or defect.”

Rojas' attorney Enrico DeMarco told reporters outside court that the verdict “right and humane,” adding that winning over the jury was an uphill battle “because it was such a horrible act.”

In a statement, District Attorney Alvin Bragg said his office's “condolence­s continue to be with the family, friends and loved ones of Alyssa Elsman, who suffered a terrible and tragic loss, and all of the victims of this horrific incident.”

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