RICHMOND, Va. — A judge has certified a second-degree murder charge against Nico Rivera and ordered the case to be sent to the grand jury following a fatal altercation in Richmond’s Scott’s Addition neighborhood.
The decision came after a lengthy probable cause hearing where defense attorneys for the 27-year-old Mechanicsville man unsuccessfully attempted to get the charge reduced to manslaughter.
As CBS 6 has previously reported, Rivera was arrested in connection with the death of Jacob Baldwin. Investigators say the two men, who did not know each other, got into a fight on October 12 after an encounter outside a bar near the intersection of West Marshall and Sheppard streets. Police say the fight ended when Rivera punched Baldwin, knocking him to the ground where he hit his head. Baldwin later died at the hospital.
In court Tuesday, Rivera’s attorneys argued for a lesser charge, claiming the prosecution could not prove malicious intent, that Rivera was smaller than Baldwin, and that Rivera returned to check on Baldwin, among other reasons. The prosecution called two witnesses, one of whom said he tried to de-escalate the situation and saw Rivera’s group throw Baldwin’s phone and jacket after an initial encounter.
The witness also testified that he heard a woman with Rivera say that he “always messes things up.” The witness recounted that a short time later, Baldwin said “at least you don't hit your girlfriend.” That, the witness testified, was the catalyst for Rivera running back and taking a swing at Baldwin. The witness said he did not see the punch connect, but that Baldwin fell to the ground. The witness said he stayed with him and called 911.
Both Rivera and Baldwin's families were present as videos were shown depicting a portion of the fight that ultimately led to Baldwin's death.
Baldwin's father, Jeff, said he still cannot bring himself to watch it.
"No one wants to see their child murdered, killed," he said. "I don't want to see those. That's not going to bring my son back."
While Rivera's family is not speaking out at this time, the defense said this is a situation with no winners and that their attention is now on the future trial.
"It is understandable for the pain that the Baldwin family is going through from having lost their loved one, and Mr. Rivera understands feels deeply for them," said Doug Ramseur with the Ram Law Firm. "What our justice system is doing may not give everyone the satisfaction they need, but we want to make sure it works properly."
CBS 6 is following this story. Click here to email the CBS 6 Newsroom.
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