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An alleged illegal alien expressed disappointment when he learned he had failed to kill a York County Prison pod mate who happens to be a convicted murderer, police allege.

Murderer Sebastian Olmeda was sitting in the common area of the prison's North C-Pod about 11:35 a.m. Oct. 27 when Francis L. Tucker jumped on a table and stabbed Olmeda in the right side of the face with a pen, state police Trooper Jeffrey Gotwals wrote in charging documents.

Corrections officers subdued and handcuffed Tucker and were leading him out of the pod when Tucker overheard an officer tell the prison nurse that Olmeda had been stabbed in the cheek, documents state.

"Damn," Tucker allegedly said, "I missed his temple."

Tucker later told a prison captain that he wasn't simply fighting Olmeda — he was trying to kill Olmeda, documents state.

The tip of the pen broke off and lodged in Olmeda's jaw, according to Gotwals, who said Olmeda had to be transported to York Hospital to have it removed.

Motive fuzzy: Gotwals said he's not certain why Tucker stabbed Olmeda because Olmeda is not cooperating with the police investigation into his attack.

"The best we can piece together is, it's a prior issue over a magazine," the trooper said.

It appears Tucker loaned Olmeda a magazine and when Olmeda returned it, he tossed it on a table, "which Tucker took as a sign of disrespect," Gotwals said.

At Tucker's preliminary hearing Tuesday, District Judge Barry Bloss Jr. forwarded the case to York County Court after determining enough evidence exists for Tucker to stand trial.

Gotwals said enough corrections officers witnessed the attack that Olmeda's testimony wasn't necessary for the preliminary hearing.

Tucker is charged with attempted homicide, aggravated assault and assault by prisoner. His bail is set at $250,000, but the Sierra Leone man can't be released even if he posts bail because he is being held on a federal immigration detainer, officials said.

Olmeda's crime: Olmeda, 25, of York City, was convicted in October 2013 of first-degree murder for the July 2, 2011, shooting death of Eddie Rivera.

Rivera, 33, of New York, was standing inside 117 Pattison St. about 2:45 a.m. when he was shot by Olmeda, who was standing on a back stoop directly in front of the screen door, police have said.

Chief deputy prosecutor Tim Barker called the fatal shooting senseless and said it appeared not to have a motive.

Olmeda, also known as "Boom," maintains he fired in self-defense, but a jury wasn't swayed.

Barker said it appears the shooting was related to an argument in a nearby parking lot that didn't involve either man but did involve Rivera's girlfriend's aunt.

Olmeda was sentenced to life in prison without parole.

Olmeda also has a pending criminal case in York County Court in which he is charged with attempted homicide, aggravated assault and related offenses.

— Reach Liz Evans Scolforo at levans@yorkdispatch.com.

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