Fortuna
WILKES-BARRE — While a police officer’s body cam footage was shown to a Luzerne County jury that convicted Fernando Bracero in the first-degree murder of Scott Edward Knox, an attorney for co-defendant Jary Javier Fortuna is seeking to exclude the same footage during his client’s trial.
Fortuna, 33, of Wilkes-Barre, is scheduled for a jury trial next week before Court of Common Pleas Judge David W. Lupas on charges of criminal homicide, robbery and criminal conspiracy for his alleged role in the fatal stabbing of Knox, 33, on May 6, 2024.
Fortuna’s attorney, Max C. Lubin, filed a pre-trial motion seeking to exclude footage recorded by a body camera worn by Wilkes-Barre Police Officer Cody Cecelon when he encountered a blood-covered Knox on the rear steps of 377 S. River St.
The footage was played during Bracero’s jury trial held before Lupas in July.
Lubin wrote in his motion that the video footage of Knox is inflammatory and possess little evidentiary value. Lubin is also seeking to exclude statements from other co-defendants as he will not have an opportunity to cross-examine, and to prevent prosecutors, First Assistant District Attorney Anthony Ross and Assistant District Attorney Julian Truskowski, and detectives from “narrating” while video footage is played to the jury.
Knox was fatally stabbed when, according to court records and testimony given during Bracero’s trial, he was taken to an alley behind the Mofon Lounge on Academy Street. Footage played during Bracero’s trial showed Bracero, 37, lunging at Knox while holding a knife, and Knox breaking free until he collapsed on the rear steps of the South River Street apartment, where Officer Cecelon found him.
Jaime Knights, 65, who pled no contest to third-degree murder for his role and testified during Bracero’s trial, said Knox was blamed for a drug-rip hours earlier and the plan was to put a “beat down” on Knox.
Knox’s girlfriend, Carrie Hiemenz, testified that Knox did Charles Dennis a favor by driving Dennis to buy crack cocaine from Jose Rosario-Miranda, 31, in the area of Knights’ apartment at 155 W. River St. on May 6, 2024.
During the deal, according to Hiemenz’s testimony, Dennis switched the crack cocaine for fake crack that was returned to Rosario-Miranda, who immediately realized he was being ripped off.
Hiemenz testified that neither she nor Knox were aware that Dennis planned a drug rip.
Knights testified it was believed Knox was involved in the botched deal and they planned to retaliate by beating Knox, when Bracero pulled out a knife and stabbed Knox three times, severing arteries in his right leg and upper right arm.
Another co-defendant in the case, Justice Flenory, 25, pled guilty to third-degree murder for his role in Knox’s death. Flenory is scheduled to be sentenced Friday while Knights is scheduled to be sentenced Nov. 3. Bracero was recently sentenced to life in prison without parole.
An arrest warrant remains active for Rosario-Miranda on criminal homicide charges.
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