Judge Orders New Trial for Johnny Hincapie, Convicted in 1990 Subway Killing

A state judge on Tuesday ordered a new trial for a Queens man who was convicted of taking part in the 1990 killing of a tourist from Utah during a chaotic robbery on a New York subway platform.

The judge, Eduardo Padro, said in his ruling he was convinced that new evidence presented during a hearing this year warranted a new trial. Three witnesses testified that the convicted man, Johnny Hincapie, was not on the subway platform when the victim, Brian Watkins, was stabbed while trying to defend his family from muggers.

When the judge announced his decision, Mr. Hincapie broke into tears and his family, seated in the second row, erupted in cheers.

It is now up to the Manhattan district attorney, Cyrus R. Vance Jr., whether to appeal the judge’s ruling or to retry Mr. Hincapie, even though he has already served a quarter century in prison.

Mr. Hincapie has spent 25 years, one month and three days in prison. He was eligible for parole this year, and has an exemplary prison record, having earned a master's degree. The parole board postponed a decision until Judge Padro had decided Mr. Hincapie’s motion to set aside the verdict.

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