[Archived] Defendant Pleads Guilty to Involuntary Manslaughter

For Immediate Release: September 6, 2018

On September 6, 2018, the defendant, Brian Cruz-Segovia, a 24-year old Alexandria resident, pleaded guilty to Involuntary Manslaughter-Felony with regards to the accidental death of his brother, Nelson Roberto Cruz.

The evidence established that on March 25, 2018, the Cruz brothers were inside of their apartment on North Beauregard Street, in the West End of the City of Alexandria, drinking alcohol and eating dinner. An angry argument erupted between the brothers. During the altercation, the defendant punched the victim in the face, causing him to fall to the ground. During this assault, the victim suffered head trauma that ultimately led to his death. While the evidence established that the defendant intended to punch the victim, there was no evidence showing that he intended to kill the victim.

The defendant was sentenced to serve 10 years of incarceration, with all but 3 years of that sentence suspended upon the following conditions: his uniform good behavior for the period of 10 years upon his release from the penitentiary, his compliance with 5 years of supervised probation upon his release, and his payment of $5000 in restitution for expenses related to the victim’s funeral. There is no parole in Virginia.

Commonwealth's Attorney Bryan Porter said: "Under the law of the Commonwealth of Virginia, involuntary manslaughter is defined as the unintended killing of another person that is the direct result of the performance of an unlawful, but not felonious act. That is the exact situation presented by the facts of this case, in which one brother killed the other during a fistfight. There were no aggravating factors, such as the use of a weapon, an inordinate amount of blows, or a difference in the size or age of the defendant and the victim that would demand a murder conviction.”

“The defendant’s unthinking resort to violence has ruined two lives; not only is his brother dead, but he must live with the consequences of his actions for the rest of his life. I hope the circumstances of this case stand a warning to other citizens: do not let verbal altercations turn physical, because there are often grave consequences when people resort to violence.”

“I pray that the Cruz family can now begin the healing process caused by this tragedy.”

“Finally, I note that the sentence imposed in this case is above the high end of the applicable Virginia Sentencing Guidelines.”

Assistant Commonwealth’s Attorneys Sean A. Sherlock and Audra J. O’Brien prosecuted the matter on the behalf of the Commonwealth. The case was investigated by Detective Will Oakley of the Alexandria Police Department.

The defendant remains incarcerated in the Truesdale Adult Detention Center pending transfer of custody to the Department of Corrections for service of his sentence.