A 20-year-old New Rochelle man already jailed on attempted murder and assault charges now faces three additional felony and misdemeanor counts, including first-degree sexual abuse and endangering the welfare of a child, after a Westchester County grand jury handed up a seven-count indictment. Holeguer D. Garcia-Cardona appeared before Westchester County Court Judge Robert J. Prisco on October 6 and pleaded not guilty to all charges under case docket number IND-72117-26/001.
Garcia-Cardona was originally arrested by New Rochelle police on August 16 and arraigned that day before New Rochelle City Court Judge Michelle Bernstein, according to Talk of the Sound. The initial city court docket listed four felony charges tied to attempted murder and assault. Bail that day was set at $100,000 cash, a $250,000 secured bond, or a $500,000 partially secured bond, and a temporary order of protection was issued.
Once the case moved to Westchester County Court, three additional charges appeared on the record: first-degree sexual abuse involving a physically helpless person, third-degree sexual abuse, and endangering the welfare of a child. That progression reflects the standard path for felony cases in New York, where charges originating in a municipal court like New Rochelle City Court must go before a county grand jury, which can add or modify counts before issuing an indictment that shifts the case to county court, according to the Westchester County District Attorney's Office.
What the Seven Counts Allege
Garcia-Cardona is charged with attempted second-degree murder, a Class B felony under Penal Law 110/125.25(1), and attempted first-degree assault, a Class C felony under Penal Law 110/120.10(1). He also faces two counts of second-degree assault under Penal Law 120.05(2) and 120.05(6), both Class D felonies, per the county court record described by the same outlet.
The newly added counts include first-degree sexual abuse under Penal Law 130.65(2), a Class D felony concerning alleged sexual contact with a person incapable of consent due to physical helplessness. He is also charged with third-degree sexual abuse, a Class B misdemeanor under Penal Law 130.55, and endangering the welfare of a child, a Class A misdemeanor under Penal Law 260.10(1), which concerns conduct endangering the physical, mental, or moral welfare of a child younger than 17.
Available court records do not establish whether the sexual abuse and child-endangerment allegations involve the same person as the attempted murder charge or a separate individual, nor do they detail the circumstances of the alleged offenses, Talk of the Sound reported. The outlet said it has requested a copy of the indictment from the Westchester County District Attorney's Office.
Potential Prison Exposure Under State Law
Under New York Penal Law § 70.02, attempted second-degree murder as a Class B violent felony carries a mandatory determinate prison sentence ranging from five to 25 years upon conviction, according to the New York State Senate. Attempted first-degree assault, classified as a Class C violent felony, is punishable by a mandatory determinate term ranging from 3.5 to 15 years under the same statute.
The newly added charges carry separate, lesser penalties. First-degree sexual abuse as a Class D felony is punishable by up to seven years in prison under Penal Law § 70.00 and § 70.15, while endangering the welfare of a child, a Class A misdemeanor, carries up to one year in local jail or three years of probation.
Judges and Custody Status
Judge Prisco, who presided over the October 6 county court arraignment, previously served as Second Deputy District Attorney and Chief of the Local Criminal Courts & Grand Jury Division in the Westchester County District Attorney's Office. Judge Bernstein, who handled the initial August 16 arraignment in New Rochelle City Court, is a former Westchester County assistant district attorney appointed to the bench by New Rochelle Mayor Yadira Ramos-Herbert in December 2024.
Garcia-Cardona was booked into the Westchester County Department of Correction at 2:08 p.m. on August 16 and has remained in custody since. Temporary orders of protection were issued at both the August 16 and October 6 arraignments, mandating that he refrain from contacting specified individuals during the proceedings.
Westchester County District Attorney Susan Cacace, whose office is prosecuting the case, took office in January 2025 as the county's 36th district attorney after 19 years as a Westchester County trial judge. Her office handles all grand jury indictments brought in Westchester County Court.
Garcia-Cardona's next scheduled court appearance is set for January 12, 2027, in Westchester County Court, where the case will reach a determination of prosecutorial readiness under New York Criminal Procedure Law § 30.30. That hearing requires prosecutors to certify compliance with discovery obligations and readiness to proceed to trial. As with all pending criminal cases, the charges against Garcia-Cardona remain allegations, and he is presumed innocent unless and until proven guilty.
