Community fumes over plea deal in fatal shooting of Columbia High School student Moussa Fofana

NJ community outraged over plea deal in high schooler's shooting death

MAPLEWOOD, N.J. -- There is outrage over a plea deal that has been reached in the shooting death of a high school student that rocked a New Jersey community.

Last year, 18-year-old Moussa Fofana was fatally shot in a sports complex, steps from where he spent long days and nights building his soccer career.

As CBS2's Lisa Rozner reported, many gathered in Maplewood on Thursday for a protest.

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The defendant in this case, 20-year-old Yohan Hernandez is expected to plead guilty next week in exchange for 15 years in prison. Rozner has been told prosecutors made the deal partly because Hernandez claimed he was acting in self-defense.

It's a story Fofana's mother does not believe.

READ MORENewark Man charged with murder of Columbia High School student Moussa Fofana

Hawa Fofana said she has shed a lot of tears ever since the Essex County prosecutor told her last week that the Newark man accused of murdering her son would be given that 15-year sentence as part of the deal.

"The 15 years is like a slap in the face," Hawa Fofana said. "His dream [was] to become a champion a soccer player and for somebody to take his life just like that in an instant, it hurts."

Hernandez is charged with murder, aggravated assault, unlawful possession of a weapon, and possession of a weapon for an unlawful purpose, but prosecutors say the suspect told cops he fired the gun to defend his younger brother from Moussa. The Fofana family said he was walking through the Underhill Sports Complex in Maplewood with friends.

Fofana family attorney Richard Pompelio said there are holes in his story.

"The information that we had been given, since we found out that there was a plea bargain, was that Moassa was trying to rob the young boy on the bike. Well, it was admitted to us by the other boy that wasn't the case," Pompelio said.

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Fred Profeta, the former mayor of Maplewood, organized the rally Thursday in the hope of pressuring the prosecutor to go to trial.

"His story is that Moussa took a swing at him and he retaliated by shooting him dead. That's not proportional. Self-defense, as you know, has to be proportional," Profeta said.

The Essex County prosecutor said, in part, "We have been mindful of the importance of keeping the family, through their counsel, informed of all important aspects of this case and have afforded them their right to offer meaningful input that we have considered in formulating the proposed plea. Based on the experience and expertise this office possesses, it is our considered opinion that all efforts to resolve this matter have been undertaken."

"Sometimes people see like an intentional homicide as maybe a top count, but the prosecutor may have some other evidence or some other information that makes them concerned that perhaps they wouldn't be able to get a conviction on the top count," said Jamie Pukl-Werbel, a law professor at Seton Hall University.

A rally is planned for Thursday night outside Columbia High School, where supporters of the Fofana family are expected to walk to Maplewood's Municipal Hall.

The defense attorney in this case did not return CBS2's calls seeking comment.

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