A Bronx man now living in North Carolina has been charged with murder in connection with the deadly 2006 Easter shooting of a two year old boy.
Investigators say Daryl Hemphill, 34, fired the shot that killed David Pacheco.
The boy was in the back seat of his family’s car when they were caught in crossfire near Harrison and East Tremont Avenues.
Police say Hemphill was identified after a discovery at the scene of the shooting.
"At that location, a sweater was recovered and a DNA hit took place in 2011," Police Commissioner Ray Kelly said. "I think it was very good work on the part of the detectives. They were dogged. They certainly stayed on the case."
But after a court appearance, Hemphill’s attorney Eric Sears said the evidence does not mean his client is guilty.
"People hear DNA and they think 'Oh wow DNA.' You know, DNA can be ambiguous just like any other sort of evidence," Sears said. "The fact that DNA exists in the case does not mean that anybody is guilty of anything."
Seven years after her son was killed, Pacheco’s mother Joanne Sanabria says she just wants closure.
"I'm very hopeful and I’m confident and I’m just praying to God that it goes smoothly," Sanabria said.
Nicholas Morris was originally charged with murder in connection with the shooting.
Those charges were dropped and he later pleaded guilty to criminal possession of a weapon.