By Rocco Parascandola
Newsday
NEW YORK — The first several hours after a murder are the most crucial in determining if the killer will be found.
In the Bronx yesterday, detectives were handed a file likely to test the resolve of the most seasoned investigator: the case of a 70-year-old paraplegic who died in his home last month, 30 years after he was shot on a street corner.
The victim, Gilberto Medina, had to use a wheelchair since he was shot on Oct. 25, 1977, by a gunman firing from a rooftop. The shooting, at the corner of Leggett Avenue and Fox Street, in Melrose, was never solved, so making an arrest in what is now an unsolved murder will be all the more difficult, police say.
Medina, police said, died March 21, a relative discovering him in his bed inside his home on East 149th Street.
The medical examiner said Medina died from complications arising from the gunshot wound to his spine, which included, a police source said, infections from bed sores.
The reclassified homicide, as cases like these are known, became an issue with the NYPD last year as it tried to explain why the number of all murders rose to 590, from 540 in 2005.
For no one reason, the number of reclassified homicides involving victims beaten, shot or stabbed in previous years surged to 38 last year, from 19 in 2005, police said.
Medina’s death, it appears, is the first 2007 reclassified homicide involving someone attacked years ago.
The last such case to make headlines was in January, when Jose Rivera, now 54, was charged with murder in the January 2005 death of Juan Cortes, 64.
As much-younger men, they had been drinking and playing dice on a Bronx street corner in 1974 when Rivera shot Cortes, rendering him a quadriplegic, police said.
Rivera served prison time for the shooting and has led a life of crime ever since, police said. In fact, when detectives looked for him after the medical examiner declared Cortes’ death a homicide they found him in prison, where he is serving 10 years to life for robbery and burglary convictions.
Rivera is now awaiting trial for killing Cortes, authorities said yesterday.
Also yesterday, police entered into their 2007 statistics a more routine reclassified homicide involving a fatal fight between two brothers in Queens.
Police said Fred Cunningham Jr., 48, was killed by his brother Kevin, 46, during a fight at their College Point home March 21.
The medical examiner said the victim’s obesity was a contributing factor in his death. The official cause of death, according to spokeswoman Ellen Borakove, is sudden death during a scuffle, “due to hypertensive cardiovascular disease.”
The police source said criminal charges against Kevin Cunningham appear unlikely because he is mentally ill.
Copyright 2007 Newsday, Inc.