New York homeless man falls asleep in court as he‘s sentenced

Man falls ASLEEP in court as he‘s sentenced to 50 years in prison for murdering a six-year-old boy in an elevator before stabbing his friend 16 times

A homeless man fell asleep in court as a judge sentenced him to 50 years to life in prison for murdering a six-year-old boy in 2014.

Daniel St Hubert, 31, was seen sitting next to his defense attorney, Jonathan Rosenberg, with his eyes closed and his mouth wide open on Tuesday. 

Last month, Hubert was found guilty of fatally stabbing six-year-old Prince Joshua ‘PJ‘ Avitto and wounding his seven-year-old best friend, Mikayla Capers, in an  elevator attack in June 2014. 

District Attorney Gonzalez said: ‘This defendant committed an unspeakable crime when he attacked two defenseless young children for no reason, killing one and leaving the other seriously injured.‘

Gonzalez said the ‘sentence ensures that he will not be able to harm any other innocent people‘.

‘I know that PJ‘s loved ones will never be consoled and that Mikayla, whose courageous testimony helped to obtain this conviction, will forever carry this tragedy with her. 

‘But I hope that they will find some solace by knowing that justice was done,‘ Gonzalez added. 

According to a trial testimony, PJ and Mikayla were playing tag in a playground outside the housing development where they both lived on June 1, 2014. 

Around 5.40pm, the children asked for permission to go up to PJ‘s home, at 845 Schenck Avenue, in East New York, Brooklyn, to get some Italian icees.   

The two children entered the elevator, followed by Hubert. Hubert then repeatedly stabbed and slashed the victims with a steak knife. 

PJ was stabbed 11 times and died at the scene from wounds to his chest.

Mikayla, now 11, was stabbed 16 times, but miraculously survived, and managed to crawl to the building‘s entrance. 

One witness saw Hubert enter the elevator and then leave the building a short time later. 

Two other witnesses saw him fleeing the location and stumbling in a grassy area outside the building, according to testimony. 

A steak knife was later recovered from the area where he stumbled. 

DNA recovered from the handle of the knife matched Hubert and blood from the blade was a match to the two victims. 

Surveillance video also showed Hubert wearing the same clothes described by the witnesses, about two blocks from the crime scene 10 minutes after the incident.  

A search warrant that was later executed at his residence recovered packaging from a four-piece knife set that contained one knife with the same make and model as the knife that was used in the attack. 

Hubert was arrested four days later after police matched a DNA sample on the knife to his own DNA from a state criminal database. 

After he was arrested, Hubert told police: ‘Satan has powers and controls things.‘

He was only found fit to stand trial this January. 

After he was arrested, Hubert told police: ‘Satan has powers and controls things.‘ He was only found fit to stand trial this January

Mikayla suffered a collapsed lung and spent nine days recovering in the hospital as she mourned her young friend. 

She took the witness stand during Hubert‘s trial, and was called a ‘pathological liar‘ and ‘delusional‘ by his attorney Howard Greenberg.

Greenberg claimed that Hubert was being framed and said the DNA evidence was ‘junk science‘. 

On Tuesday, Mikayla said: ‘Sometimes I try not to remember this bad man and what he did to me and PJ.‘ 

‘But every day I must look at my body and see those 16 stab wounds that are there for the rest of my life.‘

Aricka McClinton, PJ‘s mom, said in court Tuesday: ‘I‘m so sorry everyday for not being there to save these kids.‘ 

‘Lord knows what I would do to get that day back,‘ she added, according to the.  

McClinton said she has not yet been able to forgive Hubert for what he did. 

‘One day in my heart I will find that forgiveness,‘ she said. ‘But it won‘t be today.‘ 

Hubert tried to give a rambling speech in the court room on Tuesday, saying that he is innocent and that he ‘would never kill two kids‘.