Two men charged in connection with a brutal 2010 anti-gay attack in the Bronx were sentenced on Monday.
David Rivera, who appeared in court wearing an orange correction outfit and not wanting to say anything, was sentenced to at least 13 years in prison for his part in a vicious attack and robbery of four people his crew thought were gay.
The sentence stems from an assault that shocked the city back in October 2010.
Seven members of the so-called "Latin King Goonies" were charged with sexually attacking, torturing, beating and robbing four men on Osbourne Place in Morris Heights. Prosecutors say some of the victims were sodomized with a plunger handle and a small baseball bat.
"As a part of their rules, it was against the rules to engage in homosexual behavior," said Bronx District Attorney Terry Gottlieb. "This defendant acting in concert with the other defendants assaulted various victims that they believed were having homosexual sex."
Rivera, however pleaded guilty only to the burglary charges, after going to the home of one victim's brother.
Jason Foy, Rivera's defense attorney, says that is all he is responsible for.
"There was a violent sodomy that happened at a different location, and then they got the keys and access to an apartment where his brother was," said Foy. "My client was involved in going to that second location that had nothing to do with sodomy, going in, taking items, going to an ATM after the fact."
Elmer Confresi entered a guilty plea to attempted gang assault and was sentenced to four years in prison and five years' probation.
"He was present, probably part of this crowd, I don't believe any of his conduct occurred because of any anti-gay sentiments," said Confresi's defense attorney Patrick Bruno. "He was just being a part of a bad crowd."
Along with Confresi and Rivera, three other defendants have also pleaded to charges and two still have open cases.
The other gang members who have pleaded guilty will be sentenced in the coming weeks.
The Bronx District Attorney's office says the victims have agreed with the plea bargains, claiming that having to testify in a trial would be torture all over again.