‘It wasn’t an accident’: Parents of Jacob Baldwin speak after judge upholds second-degree murder charge for Nico Rivera

RICHMOND, Va. (WRIC) — The parents of Jacob Baldwin spoke out after a judge upheld the second-degree murder charge against Nico Rivera, the man accused of assaulting and killing Baldwin on Oct. 12, 2024.

“It's been the same message all along,” said Jeff Baldwin, Jacob's father. “We just want some consequences for what happens and justice for our son.”

Both the prosecution and defense presented their cases for nearly four hours on Tuesday, March 4. 

The defense tried to argue the charge down to involuntary manslaughter, claiming there wasn't enough evidence to prove malice from a single punch that led to Baldwin’s death.

They also cited weight and height differences, stating that Baldwin was over 6 feet tall and weighed more than 200 pounds, while Rivera is 5 foot 9 and weighs 145 pounds. 

The defense also argued both witnesses -- referred to as Witness 1 and Witness 2 -- did not see Baldwin being hit in the head by Rivera.

Finally, Rivera’s counsel argued the fractures to Baldwin’s head couldn’t be determined by a punch because of a lack of medical knowledge.

“Mr. Rivera doesn't and didn't never intend to cause the death of Mr. Baldwin in any way,” said Doug Ramseur, Rivera’s defense attorney.

“There is more to this story than maybe what we've seen before and there's going to be a lot of evidence that's going to have to be considered at a higher level," Ramseur said. "When we get to the circuit court, rather than the low level that we were here, we look forward to that evidence coming out so that everyone can see the full story of what happened here.”

The prosecution used witness testimonies and video from the night of the assault to support otherwise.

Witness 1 said he and Baldwin went to a restaurant and bar after attending a wedding on Oct. 11, 2024. After getting food, he said he heard the fight with Baldwin and Rivera and tried to stop it. But he didn't see Rivera hit Baldwin — because he was looking down.

Witness 2 said he interacted with Baldwin at the same bar and later saw Baldwin and Rivera fighting down the street. He said he pulled out his phone to record it and stopped because it looked like a “drunken argument.” He also did not see Rivera hit Baldwin.

"It wasn't an accident. He did it purposefully," Baldwin’s father said, commenting on the case going to trial.

“We just want some consequences for what happens and justice for our son,” he said. “The defendant was able to be at home with his family over the holidays, enjoy the comforts of his home and we're suffering.”

A grand jury will meet on April 7 to determine when the trial will take place.