Life without parole proposed for recklessly causing death of child
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The unintentional murder of a 12-year-old New York City youth this summer is prompting state legislation that would make the intentional or reckless murder of a child punishable by life in prison.
Assemblyman John Mikulin, R-Massapequa, recently introduced Jacob Freytas' Law (A.11679) that would add a new subdivision in the state Penal Law to include recklessly causing the death of a person less than the age of 18 within the crime of second-degree murder. It also amends two sections of the Penal Law to require life without parole if someone is convicted of first-degree murder or second-degree murder when the victim is less than 18 and aggravated murder when the victim is less than 14 years of age.
"The intentional or reckless taking of a child’s life is an unforgivable act that demands the absolute maximum penalty under the law," Mikulin wrote in his legislative justification. "When an individual intentionally or recklessly takes the life of a child under the age of 18, the law must respond with the strongest possible punishment: life without parole. Anything less would fail to reflect the moral gravity of the offense, the devastation inflicted on the victim’s family, and the terror imposed on the surrounding community,"
Mikulin's legislation is named after Jacob Freytas, 12, who was killed in July while riding his bicycle near a Bronx bodega when gunfire was exchanged. Two other people were shot in the incident. Security video obtained by the New York Post showed the youth leaving his bike outside a bodega to go in and buy a ball. A brawl broke out as he left the store, with the video showing the youth coming back into the bodega clutching his chest.
William Ferrer, 45, was charged in July with second-degree murder, first-degree manslaughter, second-degree attempted murder, first- and second-degree assault and illegal weapons possession, according to the Post.
In New York, second-degree murder normally carries a minimum term of 15 to 25 years to life, but can be subject to life without parole under specific aggravating circumstances, such as when the victim is a child under 14 killed in an especially cruel or depraved manner.
"Violent crime warrants heightened scrutiny and stronger accountability," Mikulin wrote. "New Yorkers are tired of seeing innocent children become collateral damage to violent criminals. The state’s criminal justice system must exist not only to rehabilitate, but to punish criminals and draw a hard line against the most abhorrent conduct. A mandatory sentence of life imprisonment without parole for these crimes sends an unmistakable message: those who murder children will never again walk free."
There haven't been many Chautauqua County cases where Jacob Freytas' Law would apply if it does become law, though the charges filed against Ashley Bertino of Silver Creek would qualify. Bertino was charged by grand jury in 2025 with second-degree murder, second-degree manslaughter and three counts of endangering the welfare of a child after her 12-year-old daughter Mya Smith died April 29, 2024, from diabetic ketoacidosis, commonly referred to as untreated diabetes. The Fourth Department Appellate Division recently heard oral arguments regarding the dismissal of the second-degree murder charge.