By Aria Brent
AFRO Staff Writer
abrent@afro.com
Josefina Catherine Cunningham was only 3 years old when her life was wrongfully taken. Remembered for her vibrant spirit and sweet demeanor, the story of how her precious life was cut short is being told by her older brother, Jy’Quan Stewart.
Josefina was found dead on July 7, 2023 in her mother’s apartment in Rensselaer, N.Y., after being strangled, beaten and raped by her mother’s boyfriend, 34-year-old Robert Fisher.
Stewart recalled seeing Josefina earlier in the evening on the night of the tragic event.
“I went to my mom’s house to get my keys. I left and then my mom did as well,” the 22-year-old said. “Josefina was left in the care of Robert. When my mom came home, Josefina was sound asleep and breathing.”
Stewart noted that his mother went to bed following her check on Josefina and it wasn’t until the next morning that she and the rest of their family would find the toddler bruised and unresponsive. While commuting to work, he received a call from his aunt about his little sister’s death.
“I was on my way to work and I got a call from my aunt. She told me ‘Do you know that Josie died?’ And then I took a Lyft over to my mother’s house and I saw yellow tape outside and police standing in front of the house,” he said.
That morning as Josefina’s family mourned her death, her killer tried to clean up his mess. Stewart recalled Fisher sweeping, mopping and using excessive amounts of bleach in an attempt to clear any evidence of the horrific acts he committed.
Fisher was arrested that day and has been in police custody under protective care for the last year. On July 27 of this year he pleaded guilty to his crimes and is now due to be sentenced on Sept. 10.
Stewart noted that there’s been talk of sentencing Fisher to a bid of 20 years to life, however, he feels that isn’t severe enough of a punishment for the crime he committed.
“He needs to be sentenced to the death penalty. In 2007 they did away with the death penalty in the state of New York but I want it to be reinstated,” he said. “If it happens I’m going to call it the ‘Josie Act.’”
Stewart explained that he’s hoping to have the death penalty reinstated in New York and if that were to happen, he would seek to reopen his sister’s case to have Fisher sentenced to death.
The young man refuses to let his little sister’s story go untold, equating his actions to that of Mamie Till when she decided to have an open casket funeral for her son Emmett Till, who was lynched at the the of 14 by several White men.
“I believe my sister’s story can cause a great awakening and bring the country to its knees in prayer,” Stewart wrote in an editorial earlier this year.
With a plethora of news outlets having already reported on the tragic event, he’s determined to spread this story across the nation and hopefully onto the desks of local politicians.
“I will not rest until I have achieved justice for Josie,” he concluded in the editorial. “This is just the beginning.”
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