Willie Rosario v. Robert Kuhlman, Superintendent, Sullivan Correctional Facility, Defendant

TENNEY, District Judge:

At about 6:15 in the evening of October 12, 1974 two men held up the Jiminez grocery store at 161 Graham Avenue between Messerole and Montrose Streets in the Williamsburg section of Brooklyn, New York City. At the time the men entered the store the proprietor Julio Jiminez was standing before the cash register, and his helper Louis Camacho, a 12 year old boy, was close by, stooped behind the counter preparing shopping bags for the two or three customers present in the store. Camacho heard the men announce that it was a hold up and when Camacho started to stand up shots…