Danny was sentenced to 158 and 1/3 years to life and has been in prison since June, 1992. He and three other men have served 22 years. Daniel Rincon was charged as a member of the notorious and violent “Wild Cowboy” or “Red Top” drug gang, which was led by brothers Nelson and Lenin Sepulveda and which imposed a reign of terror on the South Bronx during the 1980s and early 90s. Far from being a member of the Red Top organization, he was in fact hunted by Red Top as a member of a rival “Orange Top” group. Sepulveda, who cooperated with the prosecution. Mr. Rincon was convicted of the Quad Murders. Proof of innocence now includes a full confessions, under oath, from two of the actual shooters, each of whom swears that Mr. Rincon was not involved. Moreover, defendant also has obtained an affidavit of David Touger, former attorney for shooter Rafael “Tezo” Perez. Mr. Touger, now released from the attorney-client privilege, affirms that Perez has continually admitted to his role in the shooting and exonerated Mr. Rincon, and that his account of the shooting is not a recent fabrication.
No fewer than six witnesses have come forward to state under oath that Mr. Rincon was elsewhere at the time the fatal shots rang out: namely, in his friend Nilda Meralda Haywood’s apartment at 370 Cypress Avenue, Apartment 1G, in the Bronx. Credible evidence provided by a government informant advised the prosecutor Rincon was not the driver of the getaway vehicle. The informant has confessed that he himself drove the vehicle and he never saw Rincon that day.