By David Brand
The 26-year-old man charged with shooting and killing a man on a Jackson Heights subway platform was set to be arraigned in Queens Supreme Court Tuesday evening, a spokesperson for the Queens DIstrict Attorney’s Office said.
Ramiro Gutierrez is charged with second-degree murder, first-degree gang assault and two counts of criminal possession of a weapon for allegedly killing Abel Mosso, 20, on the No. 7 train platform at the 90th Street-Elmhurst Avenue subway station Sunday afternoon.
Cellphone video shows three men grappling for a gun on the platform before one grabs the weapon and shoots Mosso as he was lunging at the gunman. Mosso’s body immediately went limp after the first shot.
The person filming the scene, along with several onlookers, ran at the sound of gunshots. Five additional shots can be heard in the background.
Police say they believe that the fight began on the train and spilled onto the platform.
Gutierrez was previously arrested in December and charged with fourth-degree conspiracy for allegedly plotting to rob a home in Kew Gardens Hills, according to the Queens District Attorney’s Office. Police said they overheard the discussions about the robbery plot.
Gutierrez was linked with alleged members of MS-13 at the time of his arrest and was released on $2,500 bail.
A spokesperson for the Queens DA’s office said Gutierrez was an “alleged member” of MS-13. The NYPD told the Eagle on Monday they could not confirm his affiliation with the gang.
He was scheduled to appear before Judge Barry Schwartz on March 11 for his original case.