Perjury Accusation Stemming From Attempted Murder Case

MIDDLETOWN, NY — An Orange County man was accused of perjuring himself during grand jury testimony in an attempted murder case.

Orange County District Attorney David Hoovler said Wednesday that Eric Rivera, 30, of Middletown, was charged with first-degree perjury, a felony, and third-degree perjury, a misdemeanor.

The charges were in connection with the grand jury investigation into the shooting of a man outside a town of Wallkill restaurant April 14.

Authorities said Rivera testified falsely during that grand jury investigation.

Hector Luna Jr., 27, of Wallkill, was indicted by a grand jury on charges of second-degree attempted murder, first-degree assault and second-degree criminal possession of a weapon, felonies.

Hoovler said Luna shot a man outside the You You Asian Restaurant and Bar, at 465 Route 211 in Wallkill around 9:15 p.m. April 14.

The victim had been eating in the restaurant just before the shooting. He was taken to the hospital for treatment.

Investigators found Rivera had been in the restaurant with Luna and had witnessed the shooting.

Luna was taken into custody at the Hampton Inn hotel in Pike County, Pennsylvania, and waived extradition to New York.

He remains in the Orange County Jail in lieu of bail which was set at $250,000 bail, $500,000 secured bond or $1 million unsecured bond. A virtual court appearance for him was scheduled for June 16.

Luna faces 25 years in prison on the attempted murder charge.

Rivera is scheduled to appear next in court July 20. He faces up to two and two-thirds to seven years in state prison.

Hoovler said perjury is a crime that strikes directly at the integrity of the criminal justice system.

"Feigning being unable to remember an incident that a witness would prefer not to testify about can constitute perjury," he said, "if the finder of fact is convinced beyond a reasonable doubt that the witness is swearing falsely."

Hoovler said it was regrettable that witnesses must sometimes be called to testify in cases that they would prefer not to be involved in, but this is how out system is designed and testimony from witnesses, even reluctant ones, is necessary to keep the public safe."

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