Bail Granted for One Defendant, Denied for Another, in Menachem Stark Kidnapping Case

Bail was granted Wednesday for one defendant and denied for another in the January 2014 kidnapping of Menachem Stark, Hy”d, which resulted in his tragic death.

Bail was set at $250,000 bond or $100,000 cash for Irvine Henry, who is charged with conspiracy, hindering prosecution, tampering with physical evidence, and attempted tampering with physical evidence.

Bail was denied for another defendant, Kendall Felix. Though Felix faces charges similar to Henry’s, Kings County Criminal Court Judge Danny Chun noted that Felix’s “involvement” in the plot to kidnap Stark was “far greater” than that of Irvine Henry’s, and that the “evidence is very, very, very strong” against Felix. Furthermore, said Judge Chun in denying bail, Felix has previously been in trouble with the law.

If convicted of the most serious charge, Henry and Felix each face up to 25 years in prison.

Both Henry and Felix had been in custody since a prior bail hearing on December 21; at the time, Judge Chun ordered them held in custody until he had a chance to review the grand-jury proceedings.

A third alleged co-conspirator, Kendall’s brother Erskin Felix, continues to be held without bail, as he has been charged with murder and kidnapping, in addition to the charges of conspiracy, tampering and attempted tampering. If convicted of the most serious charge, Erskin faces a maximum of 25 years to life in prison.

One man has already been convicted in the case: Kendel Felix, a cousin of Erskin and Kendall Felix, was found guilty in September of second-degree murder and kidnapping. One of the centerpieces of the prosecution’s case against Kendel was a confession that Kendel gave investigators upon his April 2014 arrest, in which he also implicated the other three men.

Prosecutors believe that the four men, led by Erskin, hatched a scheme to kidnap and rob Stark – whom Erskin said owed him money – or possibly hold him for ransom. Prosecutors also believe that during the abduction, Erskin accidentally suffocated Stark.

Kendel faces a maximum of 25 years to life in prison. Since Kendel’s conviction, the other three men have been arrested and Kendel’s sentencing has repeatedly been postponed, leading many observers to believe that Kendel may now be cooperating with prosecutors in the hope of a reduced sentence.