†††††††††††††††††† †††† Middlesex County Prosecutorís Office

††††††††††††††††††††††† †††††††† 25 Kirkpatrick Street, 3rd Floor, New Brunswick, New Jersey, 08901 (732) 745-3300


††††††††††††††††††††††† †††† *News Release*†††††††††††††††† Date: August 26, 2013








Indictment handed up in Perth Amboy homicide


††††††††† Middlesex County Acting Prosecutor Andrew C. Carey announced today that a Middlesex County grand jury has indicted four Perth Amboy men on charges arising from the fatal stabbing of another city resident during a dispute nearly a year ago.


††††††††† Among those charged was Xavier Marmolejos (DOB 4/9/87) who was charged with murder in the death on September 23, 2012, of Deny Santana-Delora, 20, of Perth Amboy.


††††††††† Marmolejos was arrested on August 20, 2013, after the grand jury, sitting in New Brunswick, handed up the indictment on August 19, 2013.


In addition, Marmolejos and three co-defendants were charged with unlawful possession of a weapon, possession of a weapon for an unlawful purposes, and riot. The grand jury charged that Marmolejos possessed a knife and a belt or cord, while the co-defendants carried a baseball bat, a golf club and a weighted belt.


The three co-defendants were identified as: Aython Elliot-Emiliano, (DOB 10/19/91) his brother, Francisco Elliot-Emiliano, (DOB 10/3/84) and Edwin Sosa-Cespedes (DOB 1/5/72).


The grand jury also charged the Elliot-Emiliano brothers and Sosa-Cespedes with a count of conspiring to commit an aggravated assault.


The case was handed up following a presentation to the grand jury by Middlesex County Assistant Prosecutor Martha B. McKinney.


Bail has been set at $1 million for Marmolejos, who is being held at the Middlesex County Adult Corrections Center in North Brunswick.


Police began an investigation after receiving a 911 call on September 23, 2012, at 11:12 p.m., alerting them to the stabbing, which occurred during an altercation on Madison Avenue between Market and Smith streets in Perth Amboy.


The victim was taken to Robert Wood Johnson University Hospital in New Brunswick, where he was pronounced dead on September 24, 2012 at 2:05 a.m.


Investigator Jeffrey Temple of the Middlesex County Prosecutorís Office and Detective Gilberto Simao of the Perth Amboy Police Department investigated.


Anyone with information is asked to call Investigator Temple of the Middlesex County Prosecutorís Office at (732) 745-3373, or Detective Simao of the Perth Amboy Police Department at (732) 442-4400.


As is the case with all criminal defendants, Marmolejos and his co-defendants are presumed innocent until proven guilty.