Victim's family pleads against 15-year deal in killing of Columba High School student

NEWARK − Becoming a professional soccer player and being able to provide for his mother is all Moussa Fofana wanted since he was a young boy. But that dream was cut tragically short when he was killed walking to a friend's house on June 6, 2021.

The Maplewood teenager and a friend were shot as they were crossing a field near Clinton Elementary School after 9:30 p.m. The other victim was shot in the leg.

Yohan Hernandez was later arrested and charged with Fofana's death. On Thursday, Hernandez agreed to a 15-year sentence and pleaded guilty to first-degree aggravated manslaughter, second-degree aggravated assault and second-degree possession of a weapon for an unlawful purpose.

The deal came against the wishes of Fofana's family, who argued it was too light a sentence for the killing of the soccer star. Earlier this month they protested the proposed deal, marching from Columbia High School to Maplewood Town Hall, and at least 30 supporters showed up at the Essex County Courthouse on Thursday morning.

"Fifteen years is not good," said Fofana's mother, Hawa. "[Hernandez] took my son's life and I will never be able to see him again."

Moussa Fofana and his mother Hawa on his 18th Birthday, weeks before he was shot on June 6, 2021.
Moussa Fofana and his mother Hawa on his 18th Birthday, weeks before he was shot on June 6, 2021.

Hawa Fofana pleaded with Essex County Superior Court Judge Ronald Wigler to not accept the 15-year plea deal and to "do right by [her] son," who had his whole life ahead of him. Hawa Fofana said her world came crashing down around her when she received the phone call that her son had been shot.

She spoke passionately as she described the teenager as kind and a wonderful brother, friend, son and cousin and spoke of how much the tragedy affected her. The mother said her son will never get married or see his brother grow up or spend holidays together.

"I can't sleep," Hawa Fofana said. "Life will never be the same."

Fofana's father, Yasse, broke down in sobs when speaking to the court.

"Please, I just need justice for my son," he said through his tears.

Richard Pompelio, attorney for the Fofana family, said they recently learned that Hernandez's brother had called him saying that he was being picked on and was on his bicycle being chased by Fofana. Pompelio said the brother led Fofana to Hernandez, who then shot him. Hernandez initially told police that Fofana took a swing at him but it was later determined he hadn't, Pompelio said.

But despite the pleas from the family and attorney and sympathy from Wigler, the judge ultimately said he was respecting the prosecutor's discretion when it came to the negotiated plea.

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He said it is a rare occurrence that he ever rejects a plea deal and noted that in Essex County, the prosecution never offers a plea bargain in a homicide case. Wigler said it is up to the defendant in the case to approach the prosecutors and the negotiation of the deal is difficult.

"A family should never equate a number to the value of their loved one," Wigler said before accepting Hernandez's plea. "I'm not surprised you're not satisfied. I wouldn't be satisfied."

Wigler noted it was unusual to allow Fofana's parents and their attorney to speak at the plea hearing. A victim's family typically provides victim impact statements during the sentencing.

Prior to the plea hearing, acting Essex County Prosecutor Theodore Stephens released a statement stating that the prosecutor's office worked with the family's attorney to keep them apprised of the case and allowed them to offer input on the proposed plea.

"The Essex County Prosecutor’s Office has consistently approached the cases presented to us by following the law and the facts," Stephens said. "The tragic homicide of young Moussa Fofana was handled in the same way. Based on the experience and expertise this office possesses, it is our considered opinion that all efforts to resolve this matter have been undertaken."

The plea agreement said that Hernandez will be sentenced to 15 years for aggravated manslaughter, 10 years for aggravated assault and five years for the weapons charges, all to run concurrently.

Sentencing is scheduled for Nov. 16 at 9 a.m. Hawa Fofana declined to speak to NorthJersey.com following the plea hearing.

This article originally appeared on NorthJersey.com: Maplewood NJ homicide suspect agrees to 15-year sentence