Broome County District Attorney Steve Cornwell explains why a second-degree murder charge was filed against Michael Roque in Joao Souza's homicide.


Michael M. Roque, accused of fatally stabbing a fellow student at Binghamton University, could stand trial as early as Sept. 17 after pleading not guilty Thursday to a second-degree murder indictment.

The 20-year-old from Massapequa, New York, remains jailed without bail after his arraignment in Broome County Court.

Roque is accused of stabbing 19-year-old freshman engineering student Joao Souza multiple times with a knife. It happened the night of April 15, in a dormitory at Windham Hall on BU's campus in Vestal, New York.

Previous coverage: Michael Roque indicted in murder of Binghamton University student Joao Souza

More about the victim: Joao Souza, stabbed to death at Binghamton University, remembered at candlelight vigil

The question of Roque's alleged motive to commit the murder remained undisclosed at Thursday's arraignment. Broome County District Attorney Steve Cornwell said facts of the case will be revealed in court, especially when the trial is held.


Broome County District Attorney Steve Cornwell explains how prosecutors aren't required to prove motive in a second-degree murder case.

"From a legal standpoint, we don't have to prove the motive. We have to prove the act, the intent," Cornwell said outside the courthouse Thursday. "Generally, I can say although we don't have to prove the motive, we prove the motive in court when we can to show why somebody would take the life of another."

The indictment accuses Roque of intentionally murdering Souza, which means prosecutors are only required to prove two elements if the case goes to trial: That Roque caused the victim's death at the specified location, and that he performed that action with the intent to cause the victim's death.

Under New York State criminal laws, alleged pre-meditation is not recognized as an "aggravating factor" for a more severe first-degree murder charge. That crime includes homicides of police officers, multiple victims at a time, or a murder during the course of another felony such as robbery or rape. It carries a life-in-prison sentence if the defendant is convicted.

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The facts surrounding Souza's homicide, Cornwell said, support second-degree murder as the highest charge. 

A conviction could send Roque to prison for at least 15 years to life, or a maximum of 25 years to life. Under the law, he is presumed innocent of the charge, unless proven guilty in court.

Thursday's arraignment, triggered by the grand jury's action Monday, was a procedural appearance. Although Roque was arraigned at the county jail following his arrest April 16, another arraignment had to be held in county court as a result of the indictment.

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The arraignment also sets in motion a series of legal back-and-forths between the District Attorney's Office and Roque's defense lawyer David Butler, of Vestal. Both sides will file court papers in the coming months related to evidence or other facts in the case and pretrial hearings could be held before Judge Kevin Dooley, unless a plea agreement can be worked out.

During Thursday's brief arraignment, Butler indicated a video and written statement from Roque had been turned over to the defense by the DA's office, but he did not elaborate on the contents.

Roque had been taken into custody at his own dormitory on BU's campus, though authorities have not revealed how he was identified as the suspect. Surveillance video images released by BU police on April 16 revealed the suspect leaving the crime scene, but his face was mostly covered.


Broome County District Attorney Steve Cornwell speaks to reporters outside the jail after Michael Roque's arraignment for the murder of Joao Souza.

The criminal investigation had been launched not long after the stabbing, which happened just before 10:30 p.m. on April 15, when two emergency calls were made to the 911 center and another directly to BU police.

Of the murder, Binghamton University Police Chief Timothy Faughnan said, "it became quickly evident to us that this was not a random act."

Souza's murder is the second homicide against a BU student, allegedly by a fellow student, this academic year.

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In March, nursing student Haley Anderson was strangled at an apartment on Oak Street in Binghamton. Fellow nursing student Orlando Tercero, 22, has been charged with second-degree murder, though he remains held by Nicaraguan authorities pending extradition back to the U.S. to stand trial.

On Twitter: @PSBABorrelli



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