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A Queens teen who stabbed her half-brother to death during a bloody fight over a cellphone pleaded guilty yesterday during an emotional courtroom appearance — and will get only five years for the crime.
Yocairis Diaz, 17, admitted that she plunged a knife into 20-year-old Frank Fortuna’s neck as they argued on Sept. 7 in their Woodhaven home.
Prosecutor Debra Pomodore said this was “the most just outcome” after meeting with Diaz, defense attorney Spiro Ferris and family members who had “asked for leniency.”
The pretty teen, wearing plaid slacks, a tan turtleneck and glasses, will also receive five years of post- release supervision.
Diaz’s distraught mother, Ingrid Ortiz, placed her hands over her mouth and cried as the sentence was announced. About 20 teary-eyed family members filled the gallery.
“You understand by pleading guilty you waive any self-defense possibilities?” asked Queens Criminal Court Judge Dorothy Chin-Brandt.
“Yes. Yes, Your Honor,” Diaz somberly replied.
“Did you cause the death of Frank Fortuna?” the judge inquired.
“Yes, yes, your honor,” Diaz again answered softly.
The judge then ordered that Diaz be sent back to jail until her next court date, and Ortiz stormed out of the courtroom.
“Keep your head up!” shouted one of Diaz’s relatives.
Diaz, handcuffed, turned to her right and flashed a smile before returning to the holding pen.
Had she been convicted at trial, Diaz was looking at life in prison on a second-degree murder rap for killing her sibling as they wrestled.
Fortuna had tried to strangle Diaz before she stabbed him, neighbors said.
He also grabbed a dog chain during the knockdown brawl and Diaz pulled a knife.
Moments before Diaz fatally punctured Fortuna’s jugular vein, she had frantically called 911 and warned the operator, “If you don’t get here fast, I’m going to kill this guy!”
“These were tragic and delicate circumstances,” said Pomodore.
“The autopsy report showed that Frank Fortuna did die of a stab wound to the neck — it was a deep wound.”
Ferris had advised his client to wait until sentencing on Jan. 18 to say anything about the tragic incident.
“This was a viable self-defense case,” he added.
Fortuna — a reputed Latin King who had a prior drug bust — and Diaz had had previous physical altercations, said Ferris.