A Brooklyn man who spent nearly 25 years behind bars for murder walked out of court a free man Tuesday, when a judge tossed his 1996 conviction.
Christian Pacheco, 42, walked into court in shackles and left through the front door — wearing civilian clothes so new they still had the price tag attached — with more than a half-dozen tearful relatives after Brooklyn Supreme Court Justice Matthew D’Emic dismissed his case.
Pacheco, who wore a plaid shirt and black Gap pants, would only say he felt “great” as he left court.
He was just 19 when a jury convicted him in the fatal Dec. 2, 1995 slashing of Lemuel “Lenny” Cruz during a brawl at Con Sabor Latino Lounge in Sunset Park.
But on Tuesday, Assistant District Attorney Mark Hale told the judge “it was not, in fact, Mr. Pacheco who assaulted Mr. Cruz with a box cutter in terms of slashing his throat.”
Hale said a break in the case came after the feds launched a separate probe into the Latin Kings street gang in 1998, and took a look at the 1995 incident, raising questions about Pacheco’s role.
Pacheco was a reputed member of the Latin Kings at the time, and was at the bar with more than a dozen other gang members, according to authorities.
He was accused of starting the deadly brawl after a man dancing with his girlfriend bumped him on the dance floor — leading a group of Latin Kings to jump on Cruz, believing him to be the offender.
A key witness to the slaying, a bouncer at the club, identified Pacheco as the killer at the time — but he was subsequently re-interviewed by Brooklyn prosecutors, who determined his original testimony had been “false, inaccurate and unreliable” and “completely wrong,” Hale said.
He said new witnesses found by the feds determined the slashing was “in fact committed by another person. They were unanimous on this.”
A man convicted in the federal Latin King probe, Melvin Garcia, admitted that “he killed the victim by ‘slicing him up,’ ” federal prosecutors said in court papers in 2004.
Even though some of Cruz’s blood was found on Pacheco’s shirt, prosecutors determined he was on the ground and not near the melee when the fatal slashing took place.
In a statement Tuesday, Brooklyn District Attorney Eric Gonzalez said prosecutors “have not fully cleared Mr. Pacheco from any involvement in this incident,” but the case “was unquestionably prejudiced” because questions arose about the evidence presented at his trial.
“Due process and fairness are both part of the standards of review in all of our reinvestigations and I, therefore, must set aside this wrongful murder conviction in the interest of justice,” he said.
Pacheco is the 28th defendant since 2014 to have his conviction thrown out after reviews by the Brooklyn DA’s Conviction Review Unit.
As with its other overturned cases, the office did not admit to any wrongdoing in Pacheco’s prosecution and conviction.




