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Craig GODINEAUX
2 days after
The Wendy's
Massacre was a brutal killing that took place in
a Wendy's fast-food restaurant at 40-12 Main Street
in Flushing, Queens, New York, on May 24, 2000.
Ja Quione Johnson, 18
Patricio (Patrick) Castro, 23
Two and a half years after he survived a massacre
at a Wendy's restaurant in Queens, fainting and then playing dead as
five co-workers were executed around him, the star witness against the
man on trial in the murders took the stand yesterday and gave the
first inside look at a night of crushing violence.
The witness, Patrick Castro, 24, told a Queens jury
of waking up in a walk-in refrigerator, his head covered in a plastic
garbage bag, his eyes and mouth stuck shut with duct tape and his
wrists bound tightly together behind his back, to find himself
surrounded by bodies.
''Is everybody O.K.?'' he recalled saying. ''Is
everybody O.K.?''
There was silence, Mr. Castro testified yesterday.
Mr. Castro's testimony is considered crucial to the
case against John B. Taylor, who could be sentenced to death if he is
convicted. Mr. Castro, breaking down in tears as the prosecutor asked
him to identify the defendant sitting 10 feet away in a crowded Queens
courtroom. Then, he recounted the massacre from beginning to end,
speaking publicly about it for the first time yesterday and providing
gruesome details of a crime that transfixed the city when it occurred
on May 24, 2000.
In doing so, Mr. Castro, an immigrant from Ecuador
who had taken a job at the Wendy's on Main Street in Flushing only two
weeks before the robbery and murders, told the story of his unlikely
survival.
The first indication of trouble that night came
through the speakerphone, Mr. Castro said. He said he noticed two men
come into the store and heard one of them, Mr. Taylor, ask to speak to
the manager. He said that he thought nothing of that.
A short while later, a voice on the speakerphone
said, ''Come downstairs.''
Mr. Castro said he assumed it was the manager, but
he wondered why he would call for a meeting so close to closing time,
near midnight.
Mr. Castro and the other employees complied, he
said, walking in single file down to the stairs to the basement, where
a man that Mr. Castro described throughout his testimony as ''the
chunky man,'' and whom he later identified as Mr. Taylor, was holding
a gun at his hip.
The most haunting part of Mr. Castro's testimony
came as he recounted what happened after he fainted. When he came to,
he said, he knew he was still in the walk-in refrigerator where the
employees had been ordered to go after they were bound and gagged.
It was in that basement refrigerator that Mr.
Castro had carefully placed a tray of uncooked patties, after cleaning
up the hamburger station to get ready for closing, he said. And even
though that night was only his fourth day of work, he was familiar
with the chill of that air and the scent of the raw meat, the tomatoes
and the chopped onions that were stored inside.
As he became more alert, he said, he felt a heavy
weight bearing down on his knees, and he began to remember, in vivid
flashes of horror.
There was a man with a gun, the ''chunky man.''
Someone said, at one point, ''There are no more bullets.'' There were
two gunshots, so loud that his ears were ringing, and then the cashier
screamed: ''What happened? What happened?'' Then another shot rang out
and the cashier was silent.
As he pieced it all together, he wriggled his
wrists free of the tape, peeled away the plastic from his head, ripped
the tape off his eyes and mouth and peered out around him. ''Is
everybody O.K.?'' he recalled saying, as he saw the bodies on the
floor. ''Is everybody O.K.?''
No one answered, Mr. Castro said, and he soon
realized that there was blood dripping from his face.
''What was the weight on your knees?'' asked Daniel
Saunders, an assistant district attorney.
''Ali,'' Mr. Castro said, referring to Ali Abidat,
40, a co-worker who had been killed.
Mr. Castro said he did not know it then, but he had
been shot in his right cheek, just below his ear, and left for dead.
Throughout his testimony, relatives of the victims
sobbed, particularly as Mr. Castro mentioned the names of the dead.
Joan Truman-Smith, whose 22-year-old daughter, Anita C. Smith, was one
of the slaying's victims, burrowed her head in her hands and wept as
Mr. Castro recounted Ms. Smith's screams. Mr. Taylor did not look up
from the defense table throughout Mr. Castro's testimony.
Lawyers for Mr. Taylor, 38, have argued that he is
guilty only of killing the Wendy's manager, Jean Dumel Auguste, 27,
and that an accomplice, Craig Godineaux, killed the other four
employees. Others shot and killed that night were Jeremy Mele, 18, and
Ramon Nazario, 44.
Prosecutors said Mr. Taylor and Mr. Godineaux, now
32, got away with $2,400. They said Mr. Castro was left with minor
wounds, and another employee, Jaquione Johnson, now 20, was seriously
injured.
Mr. Johnson, who is still recovering from being
shot in the head, is expected to testify today.
Mr. Godineaux, who is mildly retarded, pleaded
guilty to his role in the crime in February 2001 and is serving a life
sentence without a chance of parole.
If the jury agrees with the defense's single murder
contention, Mr. Taylor cannot be sentenced to death. Under New York's
capital punishment law, which was reinstated in 1995, Mr. Taylor must
be convicted of at least two murders to be eligible for the death
penalty.
Mr. Taylor's lawyer, John Youngblood of the State
Capital Defender Office, focused in his cross-examination on the fact
that Mr. Castro could not see the killer, because of the plastic bag
over his head. Under questioning from the prosecutor, Mr. Castro said
that after he freed himself and saw his dead co-workers, he heard a
noise and feared the gunmen were still in the restaurant. He said he
then put his hands behind his back, slipped the garbage bag over his
head again, pulled Mr. Abidat's body back onto his knees, and laid
still.
''I was thinking this guy was going to come back
and finish me off,'' Mr. Castro said.
Mr. Castro said after waiting a few minutes, he
heard another noise. This time, he saw that it was Mr. Johnson, also
inside the refrigerator, who looked, Mr. Castro said, ''like he'd been
punched or beaten'' but was ''trying to smile'' when he saw Mr. Castro
was alive.
Mr. Castro said he was able to carry Mr. Johnson
out of the refrigerator and prop him up in a chair. He said he crawled
''like a baby'' around the basement, looking for signs of the gunmen,
and when he saw none, made his way into the manager's office to call
the police. He carried Mr. Johnson upstairs on his shoulders, he said.
When the police arrived a few minutes later, he
said he ran to open the locked door. ''I've never been so happy to see
the police in my life,'' Mr. Castro said.