This Paterson man is accused of committing murder — after being released on gun charges
PATERSON — Prosecutors wanted to keep Erlyn Nunez in jail after he was arrested on gun charges in April, but a judge decided he should be released.
Now Nunez — who turned 21 on June 1 — stands accused of murder in an apparent gang-dispute shooting that happened 25 days after he gained his freedom.
The Passaic County Prosecutor's Office on Tuesday announced the murder charges against Nunez in a May 21 killing at an auto tinting business on River Street in Paterson. Court records identify the victim as 22-year-old Francis Pena-Reynoso of Paterson.
Two other men suffered nonfatal gunshot wounds in the incident. The police account given in court documents indicated that the other two victims were shot by someone identified only as an “unknown male” who intervened in the dispute involving Nunez and Pena-Reynoso.
Local: Paterson students demonstrate to honor student killed in gang crossfire
One of the nonfatal shooting victims allegedly had a handgun and fired 18 shots at the unknown male, according to the affidavit of probable cause filed for the murder charge against Nunez. The court record did not say whether any of those shots struck the unknown male.
Nunez’s recent problems with the law began on April 20, when Paterson police responded to gunfire near Southard Street, in the area of Eastside High School, in the city’s 5th Ward. Authorities said police stopped a vehicle that was seen leaving the scene of the gunshots and arrested Nunez and another passenger on gun possession charges.
Despite the request by the Passaic County Prosecutor’s Office that Nunez be held in jail pending the outcome of the gun charges, a judge decided on April 26 that he should be released “on conditions,” authorities said. Neither the name of the judge nor the conditions imposed on Nunez’s release have been made public.
The affidavit for the murder charge against Nunez said a security camera video showed him entering the Backyard Tints business on River Street at about 12:46 a.m. on May 21 “along with several other individuals who are identified as members of the Trinitarios gang.”
More: A federal investigation targeted this Paterson Trinitarios gang — and charged 5
The Trinitarios, a Dominican gang that police sources say migrated to Paterson from New York City, has been blamed for the spike in 5th Ward shootings in recent years. The New Jersey Attorney General’s Office has announced two separate crackdowns against the gang.
Pena-Reynoso, the murder victim, arrived at Backyard Tints at about 2:16 a.m. on May 21, according to court records citing the security footage. Six minutes later, Nunez allegedly pulled out a black AK-47 rifle inside the business and pointed it at Pena-Reynoso, authorities said.
The Trinitarios crew that had come with Nunez escorted Pena-Reynoso outside the building and one of them punched him in the face, knocking him out, the court records said. While Pena-Reynoso was on the ground, several people went through his pockets.
Nunez is accused of firing multiple gunshots that struck Pena-Reynoso, the court records said. The affidavit did not say whether Pena-Reynoso had any connection to the Trinitarios.
Joe Malinconico is editor of Paterson Press.
Email: editor@patersonpress.com
This article originally appeared on NorthJersey.com: Paterson NJ man accused of murder while out on gun charges
