Darry Hemphill appears in court for 2006 fatal shooting of toddler David Pacheco Jr.

The man accused in the fatal Easter Sunday shooting of a Bronx toddler back in 2006 was back in court Tuesday.



According to police, 2-year-old David Pacheco Jr. was in his car seat on the way to church with his family when he was struck and killed by a stray bullet.



Prosecutors say Darry Hemphill is the man who pulled the trigger more than eight years ago, but he is still awaiting trial. Hemphill's lawyer says he believes his client will be acquitted because there apparently were many witnesses who testified that another person is responsible for the shooting.



One of those witnesses may be Nicholas Morris, the initial suspect in the case. Morris came to the News 12 studios days after the shooting to proclaim his innocence.



It was later determined that though Morris was present during the shooting, his weapon was not the one used. Investigators say DNA evidence helped link Hemphill to the shooting.



Hemphill's next court appearance is scheduled for Oct. 6. His trial is expected to begin soon after.


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