MAYOR DE BLASIO, COMMISSIONER BRANN ANNOUNCE DISCIPLINARY ACTION AGAINST 17 OFFICERS, INCLUDING FOUR SUSPENSIONS WITHOUT PAY, FOLLOWING INVESTIGATION INTO DEATH OF LAYLEEN POLANCO

The Department of Correction has now concluded its own internal investigation after the Bronx DA found no criminal activity following its six-month investigation 

  Following the conclusion of an internal investigation, Mayor de Blasio today announced that 17 uniform Department of Correction staff will be charged for their conduct surrounding the death of Layleen Polanco. Three officers and one captain will be suspended without pay immediately. This comes as the Bronx District Attorney filed no charges following their own six-month investigation into the circumstances surrounding Polanco’s death. 

“The death of Layleen Polanco was an incredibly painful moment for our city,” said Mayor Bill de Blasio. “What happened to Layleen was absolutely unacceptable and it is critical that there is accountability.”

"We are committed to ensuring that all of our facilities are safe and humane. Even one death in our custody is one too many and this swift and fair determination on internal discipline makes clear that the safety and well-being of people in our custody remains our top priority,” said Department of Correction Commissioner Cynthia Brann.

  

Michael Blake - Demand YOUR VOTE be counted

Sisters and Brothers,

This race is not over. This fight is not over. I cannot, in good conscience, concede at this time.

There are still roughly 43,000 absentee ballots that were mailed out that have not returned and/or been counted, and, we will not be satisfied with the outcome until every last ballot is counted, and every last voice was heard.

You know and feel the history that we share - too many of our sisters and brothers died to protect our right to vote. Too many people have marched. Too many people were beaten. Too many people gave their last breath to see the Voting Rights Act of 1965 become the law of the land. This is about our sacred right, that we have fought and died for, to vote.

Voting must be easy. Voting must be fair. Voting in this election was already difficult; people were made to either follow confusing and changing rules to vote from home, or they had the option of voting in person, potentially exposing themselves to the worst pandemic of our time. We cannot overlook the fact that intentional Black and Latino voter suppression exists, and it exists right here in The Bronx.

Voting was not easy on Tuesday nor throughout Absentee Voting, and it should have been. At Concourse Village, the largest polling site for Black voters in the 79th Assembly District, was moved with little notice, forcing confusion, and in many cases older residents gave up altogether. Many Bronx voters were forced to vote by Affidavit Ballot, because of confusion over something that should be simple. Their ballots are not counted immediately. In fact, we know that in one case, the number of affidavit ballots was so great that the ballot lockbox was impounded by police and taken to an unknown location. Other polling sites in Black neighborhoods were not open on time, forcing voters to wait as the temperatures climbed close to 90 degrees. This meant many voters gave up for health reasons. So many voters never even receive their requested absentee ballots, so many people wouldn’t vote to protect their health. There needs to be a better way.

Friends, I am not giving up, and you shouldn’t either. Voting is our Voice. I BELIEVE in the power of our VOICE. I BELIEVE that the City of New York and the State of New York must investigate voter suppression claims immediately. I BELIEVE that any person who the Board of Elections has in its system that requested an Absentee Ballot and didn’t receive it should be able to vote through an emergency action. Every person by law has to have equal access to voting, and it is the responsibility of the state to make these accommodations.

This fight is not over. We want justice at the polls, and we cannot stand down until I know that every ballot has been counted, and every voice has been heard. It’s not only my duty as a candidate, but my duty as a voter in the United States. Demand a fair fight. Demand a fair count. Demand a fair election.

Michael Blake, Candidate for Congress, NY-15

The Bronx Democratic Party - Statement from Chairman Marcos A. Crespo

Statement from The Bronx Democratic Party Chairman Marcos A. Crespo

“When I announced back in February my intentions not to seek re-election, I confirmed that I would finish the session calendar and see the Bronx Democratic Party through the primary elections. And now that the voters have spoken, I want to congratulate all the Democratic winners, wish them immense success in November and announce that I will step down as Chair of the Democratic Party in The Bronx to coincide with my official resignation as a Member of the NYS Assembly effective today.

I'm proud of all we have accomplished over the last five years thanks to the work of talented and committed staff and volunteers. We supported the election of young, dynamic, and diverse progressive elected officials. We made history with the first black female District Attorney in the state of New York. We also strengthened the judiciary by supporting and electing dozens of women of color to the bench. The Party has become more inclusive, and the community now has a more welcoming space for larger gatherings and political activities with our newly built out headquarters.

The Bronx continues to be the epicenter of tremendous growth and improvements, but much work remains. Our beloved borough still has an arduous road ahead to address the long-standing socioeconomic disparities that were so aggressively exposed with the COVID-19 pandemic. But I have full trust and faith in our voters, I believe they have made great choices in this election cycle, and I am certain that the collective wisdom and experience of these elected Democrats will steer the party into the future with success. 

Once again, to every colleague, District Leader, State Committee Member, community partner, financial supporter, Democratic voter, even our opponents, I say thank you for the opportunity to work together. The Bronx will always be my home, but I look forward to the next generation of leadership continuing the fight to uplift every resident and make life better every day for our great Borough.”

OPEN RESTAURANTS MEET OPEN STREETS: MAYOR DE BLASIO COMBINES POPULAR PROGRAMS TO EXPAND OUTDOOR DINING OPTIONS

Mayor de Blasio today combined two popular programs, Open Streets and Open Restaurants, by announcing expanded seating options for restaurants on select restaurant corridors throughout the five boroughs. By July 4^th, 10-20 corridors citywide will be open to pedestrians and approved for expanded street dining. Another 10-20 corridors will be approved starting Friday, July 17^th. Restaurants on these corridors will go farther away from the curb than other Open Restaurants participants, and the rest of the streets will be open to pedestrian traffic.

BIDs and community-based organizations can apply starting on DOT’s website starting Monday, June 29^th. The City will quickly review applications and consult with elected officials and Community Boards to ensure optimal safety and appropriate design.

“New Yorkers have earned as much open space as we can give them – and combining our popular Open Streets and Open Restaurants programs will give them more options than ever,” said Mayor Bill de Blasio. “Restaurants will be invaluable partners as we fight back COVID-19 and rebuild our local economy, and we can’t wait to work with them throughout the reopening process.”

“Today’s announcement brings an exciting new opportunity for restaurants to expand their use of streets across the City — and reach even more customers,” said DOT Commissioner Polly Trottenberg. “With more than 5,000 Open Restaurants now signed up, some BIDs and neighborhood organizations have made a compelling case about the need to grow outdoor dining to even more of the street. But make no mistake, devoting entire streets to open-air dining is a big change — and we will make sure that these streets remain safe and passable for emergency vehicles.”

“New York City is defined by our creativity and innovation,” said Anne del Castillo, Commissioner of the Mayor’s Office of Media and Entertainment. “Expanding Open Streets to support our local restaurants and bars is a creative way to use our public spaces to help stabilize beloved businesses, and keep our city strong.”

“This is a great new model that really addresses all the needs to get New York back on its feet safely and still make room for a magical summer,” said Ariel Palitz, Senior Executive Director of the Office of Nightlife at the Mayor’s Office of Media and Entertainment. “We’re hearing it across the city, restaurants and residents are excited about the possibilities that come with expanding Open Streets and Open Restaurants.”

The first tranche of corridors, which will be open for street dining starting July 4th weekend, will focus on streets that are already participating in the Open Streets program and/or corridors with organizations that have worked with DOT on street closures in the past. The second tranche, which will be operational starting Friday, July 17^th, will include additional applicants such as ad hoc groups of restaurants that coordinate through a single entity acting as a partner organization.

The hours of operation for this new expanded seating option for restaurants will be from 5 p.m. to 11 p.m. on Friday nights, and noon to 11 p.m. on Saturdays and Sundays. Expanded seating will last until Labor Day.

NEW YORK CITY PREPARES FOR PHASE 3 OF RE-OPENING

  Mayor de Blasio announced additional guidance and assistance for businesses that can re-open in Phase 3, including personal care services and indoor dining. Because of the hard work of New Yorkers in flattening the curve and following health guidance, Phase 3 is  projected to begin on July 6th.   To protect workers and help businesses safely enter Phase 3, the City will also distribute an additional 2.5 million face coverings to businesses citywide.

"New Yorkers have shown incredible resilience during this crisis, and it’s because of their hard work that we are on track for Phase 3 on July 6th," said Mayor Bill de Blasio. "We are offering businesses across the City assistance so they can re-open safely and get New Yorkers back to work." 

HELP FOR WORKERS AND BUSINESSES

Guidelines for businesses reopening can be found here. Questions concerning reopening procedures should be directed to the City’s Small Business Services hotline at 888-SBS-4NYC. Over 17,000 calls have been made to the hotline so far. 

SBS has already distributed five million face coverings to business, and will continue to distribute 2.5 million more. If you are a small business with fewer than 100 employees looking to secure free face coverings for your employees, find a distribution site here.

Workers can call the Department of Consumer and Worker Protection at 311 or 1-212-436-0381 with questions about reopening, health and safety guidelines for the workplace, or to report an employer that is not following reopening requirements. 

BioReference Covid-19 Testing is Fraud - Do Not Get Tested By BioReference See Below Why. The DOI Needs to Investigate This.Fraud

I received this from BioReference telling me I did not have the COVID-19 test done that I scheduled. The test was was done on May 16, 2020.

Dear New Yorker,  Our records show that you previously signed up for a  NYC COVID-19 antibody survey appointment but were  unable to attend that appointment. The City is now  scheduling appointments for five (5) new antibody  survey sites starting on Friday, June 26, 2020.To sign  up for an appointment, visit the link below. Regards,  NYC & BioReference Laboratories

BioReference did a COVID-19 Anti Body test on me May 16, 2020 at its 3rd Avenue site in the Bronx, so why are they telling me I did not have the test done.

When I went to get my results four days after I had the test done, I would of had to agree to an agreement that included becoming a patient of BioReference, that BioReference could not keep your personal information secure since third parties are used and given the results of the test, that the agreement could be changed at any time, and there was a paragraph about payment of services. This tet is listed as costing $82.00 on BioReferences website.

I would not agree to BioReference's terms thus I did not get my result. 

Being a reporter who gets to question Mayor de Blasio, I asked him why I could not get the results, and what third parties are involved that receive ones personal information. 

I was told the third party is probably the Department of Health, and the mayor's office would assist in getting my result. 

The mayor's office failed at getting my test results, each attempt said I would have to agree to BioReference's terms, which I will not. 

Since it was mentioned that the Department of Health would be one of the third parties that receives my test results, I have sent a Freedom Of Information Letter to the NYC Department of Health for my BioReference test results. 

I had the test done at my doctors office recently and the test said I have plenty of anti bodies, which could be the reason I got over the Coronavirus quickly. I would still like to see how accurate the BioReference test results are.

Above - One of BioReferences employees checked you in at the entrance to the site.

Below - The area where my blood was drawn for the COVID-19 test. 

These photos are proof that I had the test done, so why is BioReference saying I didn't? For another $82.00?

Governor Cuomo Announces Hospitalizations Drop below 1,000 for First Time since March 18

Down from Peak of 18,825

Central New York, Finger Lakes, Mohawk Valley, North Country and Southern Tier Will Enter Phase IV of Reopening Tomorrow

1.1 Percent of Yesterday's COVID-19 Tests were Positive

17 COVID-19 Deaths in New York State Yesterday

Confirms 749 Additional Coronavirus Cases in New York State - Bringing Statewide Total to 390,415; New Cases in 45 Counties

 Governor Andrew M. Cuomo today announced that COVID-19 hospitalizations have dropped below 1,000 for the first time since March 18. Yesterday, there were 996 hospitalized COVID-19 patients in New York State. This is down from a peak of approximately 18,825 hospitalizations on April 12. Central New York, the Finger Lakes, the Mohawk Valley, the North Country and the Southern Tier will enter Phase IV of reopening tomorrow, June 26. The number of new cases, percentage of tests that were positive and many other helpful data points are available at forward.ny.gov.

"After three months of New Yorkers working hard, doing the right thing and taking this seriously, the state has its lowest COVID-19 hospitalization rate since this started," Governor Cuomo said. "Facts are facts, even in this crazy political environment, and what we're saying in New York is we did the right thing. New Yorkers have been locked up and closed their businesses. We have the virus under control finally. We had to flatten the curve. We don't want to go back."

Today's data is summarized briefly below:

• Patient Hospitalization - 996 (-75)
• Patients Newly Admitted - 68 (-29)
• Hospital Counties - 32
• Number ICU - 270 (-20)
• Number ICU that are intubated - 167 (-23)
• Total Discharges - 70,010 (+110)
• Deaths - 17
• Total Deaths - 24,800

No. 205: Quarantine Restrictions on Travelers Arriving in New York EXECUTIVE ORDER

No. 205

E X E C U T I V E  O R D E R

QUARANTINE RESTRICTIONS ON TRAVELERS ARRIVING IN NEW YORK 

WHEREAS, the State of New York has successfully slowed the transmission of COVID-19;

WHEREAS, the State of New York has gone from having the highest infection rate to one of the lowest in the country and is one of only a few states reported to be on track to contain COVID-19; 

WHEREAS, the Governor has undertaken a cautious, incremental and evidence-based approach to reopening the State of New York;  

WHEREAS, other states that may have taken a less cautious approach are experiencing an increased prevalence of COVID-19;

WHEREAS, New York must work in conjunction with its neighboring states of New Jersey and Connecticut, in light of the significant risk posed to the health and welfare of all residents by the further spread of COVID-19 to the tristate area, to protect the progress made; 

NOW, THEREFORE, I, Andrew M. Cuomo, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and the Laws of the State of New York, in particular Article IV, section one, I do hereby order and direct as follows:

The commissioner of the Department of Health to issue a travel advisory to be communicated widely at all major points of entry into New York, including on highway message boards and in all New York airports, that:

All travelers entering New York from a state with a positive test rate higher than 10 per 100,000 residents, or higher than a 10% test positivity rate, over a seven day rolling average, will be required to quarantine for a period of 14 days consistent with Department of Health regulations for quarantine. 

The Commissioner may issue additional protocols for essential workers, or for other extraordinary circumstances, when a quarantine is not possible, provided such measures continue to safeguard the public health. 

The criteria and the protocols will be coordinated with New Jersey and Connecticut Commissioners of Health, in order to ensure that the tristate area is protected from community transmission of COVID-19, while permitting free travel between and among the states. 

The Commissioner of Health in New York shall make public the impacted jurisdictions on its website and such travel advisory will be effective at 12:01 a.m. on June 25, 2020, until rescinded by the Commissioner.

Any violation of a quarantine or isolation order issued to an individual pursuant to the Commissioner of the Department of Health's travel advisory by a local department of health or state department of health may be enforced pursuant to article 21 of the public health law, and non-compliance may additionally be deemed a violation pursuant to section 12 of the public health law subject to a civil penalty of up to $10,000.  

G I V E N   under my hand and the Privy Seal of the State in the City of Albany this twenty-fourth day of June in the year two thousand twenty. 

BY THE GOVERNOR    

     

Secretary to the Governor

Members Of The Mac Baller Brims Gang Charged With Murder

  Audrey Strauss, the Acting United States Attorney for the Southern District of New York, Dermot Shea, the Commissioner of the New York City Police Department (“NYPD”), Peter C. Fitzhugh, Special Agent-in-Charge of the New York Field Office of Homeland Security Investigations (“HSI”), and Raymond P. Donovan, Special Agent in Charge of the New York Field Division of the Drug Enforcement Administration (“DEA”), today announced a Superseding Indictment in United States v. Lawrence, et al. 19 Cr. 761 (JPO).  In the initial indictment, unsealed on October 24, 2019, 13 defendants were charged in connection with the activities of the Mac Baller Brims gang that operated in and around the Mount Hope section of the Bronx between 2017 and 2019.  In the Superseding Indictment, defendants DERRICK CASADO, a/k/a “Big Bank,” a/k/a “Papa D,” and CARLOS ROSARIO, a/k/a “Baby Bottle,” a/k/a “Carlito,” a/k/a “Barlito,” a/k/a “Barlos,” are charged with offenses relating an October 5, 2019 robbery in Manhattan, during which ROSARIO shot and killed Jonathan Rodriguez, 27.  A racketeering conspiracy charge was added against defendant JUAN TEJEDA, a/k/a “Gotti.”  The case is proceeding before U.S. District Judge J. Paul Oetken. 

Acting U.S. Attorney Audrey Strauss said:  “As charged in the Superseding Indictment, Carlos Rosario and Derrick Casado were responsible for the murder of Jonathan Rodriguez.  This is one of many acts of violence alleged to have been committed by members and associates of the Mac Baller Brims gang.  Thanks to the outstanding work of our law enforcement partners at the NYPD, HSI, and DEA, Rosario and Casado now face federal charges for murder.”

Police Commissioner Dermot Shea said:  “Today’s indictment reflects our continued focus on keeping criminal gangs off the city’s streets.  I thank our NYPD detectives, agents, and prosecutors for their sustained work on this case.”

HSI Special Agent-in-Charge Peter C. Fitzhugh said:  “Members of the Mac Baller Brims allegedly brandished firearms and fired those guns in order to preserve their territory and protect their illicit business.   As alleged, in this case, gang members Derrick Casado and Carlos Rosario are charged with murder, after having shot and killed Jonathan Rodriguez in a Manhattan robbery.  HSI New York’s strong partnerships with the NYPD and DEA, and the continued collaboration in criminal investigations, has led to the arrest of these two individuals and they will now face the consequences for their alleged deadly act.”

DEA Special Agent in Charge Raymond P. Donovan said:  “With many acts of violence alleged to be committed by members of the Mac Baller Brims Gang – none were as savage as the murder of Jonathan Rodriguez.  Gang violence threatens the safety of New Yorkers and puts communities in the crosshairs of drug trafficking and drug-related crime.  I applaud our partners at the US Attorney’s Office, the NYPD, and HSI for their diligent work.”

According to the allegations in the Superseding Indictment[1]:

The Mac Baller Brims was a criminal enterprise, and its members and associates committed numerous acts of violence, including shootings, in and around the Bronx.  They engaged in such acts to preserve and protect their power, territory, and profits, and to promote and enhance the gang and its criminal activities.  Members of the gang also enriched themselves by committing robberies and by selling drugs, such as crack cocaine, heroin, fentanyl, cocaine, oxycodone, and marijuana, including in New York and in Maine.  While conducting their drug business, members and associates of the gang used, carried, and possessed firearms, and members of the gang brandished and fired those guns on multiple occasions since 2017.

On October 5, 2019, CASADO and ROSARIO robbed two victims in the vicinity of 20 East 116th Street in New York, New York, and in the course of that robbery and the immediate flight therefrom, ROSARIO shot and killed a third victim, Jonathan Rodriguez.  The Superseding Indictment charges CASADO and ROSARIO with one count of assault in aid of racketeering, and aiding and abetting the same; one count of brandishing a firearm, and aiding and abetting the same; one count of murder in aid of racketeering, and aiding and abetting the same; and one count of murder through use of a firearm, and aiding and abetting the same.  CASADO and ROSARIO face a maximum sentence of life in prison.            

In addition, the Superseding Indictment charges JUAN TEJEDA with conspiring to conduct and participate in the conduct and affairs of the Mac Ballers enterprise through a pattern of racketeering activity.  The maximum sentence for this charge is life in prison. 

The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

Ms. Strauss praised the outstanding work of the NYPD, HSI, and DEA on this investigation.

The charges contained in the Superseding Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

 [1] As the introductory phrase signifies, the entirety of the text of the Superseding Indictment, and the description of the Superseding Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.

United States Attorneys Available To Receive Election Complaints

  Audrey Strauss, the Acting United States Attorney for the Southern District of New York, and Richard P. Donoghue, the United States Attorney for the Eastern District of New York, announced today that special telephone numbers have been set up to receive complaints of possible violations of federal election laws relating to tomorrow’s primary election in New York City and other counties in their districts. 

Their Offices will be available to receive complaints at the following numbers on Tuesday, June 23, 2020:

(646) 369-4739                       (for Manhattan, Bronx, Dutchess, Orange, Putnam, Rockland, Sullivan, and Westchester counties) and  

(718) 254-6790                       (for Brooklyn, Queens, Staten Island, Nassau, and Suffolk counties)

In addition, complaints of possible violations of federal election laws may be made directly to the Federal Bureau of Investigation at (212) 384-1000.

The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur.  The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on Election Day.

Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input.  It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them.  For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting, may violate federal voting rights law.  Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.

The franchise is the cornerstone of American democracy.  We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. 

The United States Attorneys also noted that the following additional telephone numbers are available for citizens to call for routine inquiries, such as where to vote or how late the polls are open, or to register complaints that may concern violations of New York State election laws:

AG James Sues Saugerties Dump Site Owner Over Continued Environmental Violations

Owners and Operator Repeatedly Ignored Solid Waste and Water Pollution Laws, Risking Public Health and the Environment

   Attorney General Letitia James today filed a lawsuit against Joseph and Rachel Karolys for persistent and flagrant violations of New York solid waste and water pollutions laws at three separate dump sites in the Town of Saugerties. 

“New York’s environmental laws are in place for a reason: to protect public health and our natural resources,” Attorney General James said. “Mr. Karolys not only didn’t follow our laws, he repeatedly and flagrantly flouted them — ignoring the harms that his illegal conduct posed to the Town of Saugerties and Ulster County. This lawsuit sends a clear message that my office will not tolerate violations of New York’s public health and environmental laws.”

The suit charges that Joseph Karolys has repeatedly accepted and disposed of construction and demolition (C&D) debris at each of the sites, and operated the waste dumps without required state water pollution control permits and in violation of solid waste requirements. These and other violations are ongoing and have continued unabated despite prolonged efforts by the New York Department of Environmental Conservation (DEC) to resolve them.  

“DEC is aggressively taking action to protect our communities by holding polluters accountable. Illegal dumping poses a serious threat to the environment and will not be tolerated in New York state,” said New York State DEC Commissioner Basil Seggos. “I would like to recognize DEC staff for their dedicated investigative work as part of our ongoing efforts to crack down on illegal dumping across the region and thank Attorney General James and her staff for their strong partnership to bring these polluters to justice.”

In July 2016, Karolys indicated he wished to operate a solid waste management facility accepting and storing up to 1,250 cubic yards of uncontaminated soil, rock, concrete, brick, and block asphalt from Ulster and Dutchess counties. Based on his representations, the DEC issued Karolys a registration authorizing that activity.

However, follow-up inspections by the DEC identified violations of the facility’s registration, including the presence of unauthorized waste, lack of recordkeeping of wastes brought to the site, and failure to implement required measures to prevent water pollution. Analysis of samples taken from the site indicated the presence of lead, mercury, and several other chemicals. The DEC also determined that the amount of waste on-site exceeded the 1,250 cubic yard limit and — in violation of the registration’s restriction that only wastes from Ulster country could be accepted by the facility — wastes that originated in the New York City metropolitan area were being dumped at the site.   

Further, when the DEC sought compliance at this site, rather than comply, the Karolys created two additional dump sites in Saugerties, for which he never sought authorization from the DEC to operate. At one of these sites, DEC staff found approximately 40,000 cubic yards of solid waste, including rock, asphalt, coal, ash, slag, brick, concrete, and glass. Analysis of samples from the site indicated the presence of lead. At the other, approximately 15,000 cubic yards of solid waste, including rock, concrete, coal, ash, slag, brick, plaster, and glass were found and an analysis of samples indicated the presence of lead, mercury, DDT, other pesticides, and several additional chemicals. 

Despite repeated efforts by the DEC to bring the sites into compliance, to date, unauthorized solid waste remains at the three sites, requisite erosion and sediment control measures have not been implemented, and required state water pollution control permits have not been obtained for any of the sites.

The lawsuit filed by Attorney General James seeks civil penalties for violations of multiple provisions of state solid waste laws at the three sites, with maximum statutory penalties for each violation ranging from $7,500 to $22,500 and additional penalties ranging from $1,500 to $22,500 for each day each that violation has continued. The suit also seeks civil penalties of up to $37,500 per day for each violation for operating each of the three dump sites without the required state water pollution control permit. Finally, the suit asks the court to revoke Karolys’ solid waste management facility registration and order Joseph and Rachel Karolys to remove — and lawfully dispose of — all waste from the three sites. 

All three Karolys dumps are on properties adjacent to State Route 212, between the Village of Saugerties and the town center of Woodstock, and in a largely residential area. These sites are located at the foot of the Catskill Mountains and southeast of Overlook Mountain, which is one of the most visited spots in the Catskill Forest Preserve, and is just miles west of Esopus Creek and the Hudson River and north of the Ashokan Reservoir.

The lawsuit was filed in New York State Supreme Court, Ulster County.

Assisting in the investigation in this matter were investigators Mark Rudd, Clint DuMoulin, and Edward Conlan, Supervising Investigator Harry Czosnykowski, and Deputy Chief Investigator Jonathan Wood, under the supervision of First Deputy Chief John Reidy. The Investigation Division is led by Chief Oliver Pu-Folkes.

DEC investigators and staff also contributed to this investigation. Attorney General James thanks the DEC for its assistance.       

OPERATION GREEN FURY: 26 TRINITARIOS INDICTED FOR CARRYING OUT SLASHINGS, STABBINGS ON RIKERS ISLAND

Defendants are Current and Former Rikers Island Inmates 

 Bronx District Attorney Darcel D. Clark today announced that 26 alleged Trinitario gang members—who are current or former Rikers Island inmates—have been indicted for multiple slashings and other acts of violence in jail, following an investigation by the Bronx District Attorney’s Office, Homeland Security Investigations and the New York City Department of Correction’s Correction Intelligence Bureau, with assistance from the New York City Department of Investigation. 

 District Attorney Clark said, “During their time in Rikers Island, these defendants allegedly conspired and engaged in numerous slashings and stabbings that caused grievous wounds. They allegedly carried out these attacks in order to preserve and protect the power of the Trinitario gang, meting out punishment to their own members as well as rivals. We will not tolerate such brutality against incarcerated individuals and will hold people accountable even after they have left jail. We will continue to attack the pipeline of violence from Rikers Island to the streets.” 

 Peter C. Fitzhugh, Special Agent in Charge of HSI New York, said, “Transnational criminal organizations will operate without boundaries, as in this case with alleged connections to brutal violence, slashings and stabbings while incarcerated. HSI New York will continue to pursue and dismantle transnational gangs like the Trinitarios, wherever they operate. It is with the tremendous collaboration with the Bronx District Attorney’s Office, NYC DOC and DOI that this investigation took down more than two dozen members of a gang that exists only to brutalize and endanger our communities.”

 DOC Commissioner Cynthia Brann said, “We will not tolerate violence in City jails, and are doing everything possible to bring those responsible to justice. The safety and security of the people who live and work in our facilities is our top priority. Our Correction Intelligence Bureau works tirelessly to increase safety in city jails, and we are proud of their hard work in this case, which involved collaboration with fellow law enforcement partners citywide. Gang activity drives a disproportionate amount of violence on city streets and amongst those in custody, and because of the indictments announced today both communities are safer.”

 The 69-count indictment includes five counts of Attempted Gang Assault in the first degree, 14 counts of Attempted Assault in the first degree, 31 counts of second-degree Assault, two counts of Attempted Assault in the second degree, fourth and fifth-degree Conspiracy, 16 counts of third-degree Assault, and Attempted Assault in the third degree. Twelve defendants-- six of them who are inmates in Rikers Island and six who had previously been discharged from custody--were arraigned this week before Bronx Supreme Court Justice George Villegas. They are due back in court on July 9, 2020. Four defendants have not been apprehended as of yet and the remaining 10 defendants will be produced from State and Federal custody for arraignment.

 According to the investigation, dubbed “Operation Green Fury” for the gang’s color, the defendants allegedly carried out a total of 14 violent acts in the jail between September 2015 and July 2019. Half of those incidents were against rival gang members, and half against fellow Trinitarios who broke rules of the gang and who were not in good standing. Out of the 14 incidents, 12 were slashings and stabbings. Some victims suffered deep lacerations, and one lost a vast amount of blood. The defendants allegedly conspired through various forms of communication, including phone calls and letters, and by using coded language.

 According to the indictment, on September 15, 2017, Jovier de la Cruz, 26, Pedro Valera, 28, and Rafael Perez, 26, all alleged Trinitarios, entered the cell of Joseph Feliciano, an alleged Trinitario in bad standing, and slashed him in the face with a sharp object. On November 16, 2017, Jesus Matos, 22, Kevin Cabrera, 26, Darlin Feliz, 32, and Victor Capellan, 27, allegedly slashed Shawn Stevens, an alleged member of a rival gang, twice in the face and once in the arm.

 According to the investigation, Jesus Zapata, 30, was the alleged leader of the Trinitario gang on Rikers Island from 2017 to 2018, and Hector Hernandez, 25, allegedly took command between 2018 to 2019. As alleged in the indictment, they ordered an attack against Steven Ayala, an alleged Trinitario gang member, and on April 10, 2018, Valera slashed Ayala in the face and back. About a month later, Hernandez allegedly slashed Michael Franco, an alleged member of a rival gang, in the face.

 According to the indictment, on October 8, 2018, Francisco Nunez, 22, and Paul Corporan, 21, slashed alleged rival gang members Tyreek Covington in the arm, back and neck, and Deontay Boyd in the face. On July 28, 2019, Ernie Garcia, 22, Diogenes Hernandez, 19, Jerry Polanco, 21, Ariel Tavarez, 22, John Polanco, 21, and Jose Paniagua, 19, allegedly slashed Julian Diaz in the arm. On December 16, 2018, Jeremy Bello, 29, and Jonathan Davila, 21, allegedly slashed Carlos Capellan, an alleged Trinitario who was in bad standing, in the face.

 District Attorney Clark also thanked DOC CIB Investigators Charles Acosta, Richard Troche, Jose Romero, and Scott Frank; and HSI Special Agents Tara Mulkearns and Luis Diaz; and DOI Chief Investigator Enio Bencosme.

An indictment is an accusatory instrument and not proof of a defendant’s guilt.

Defendants: 

1. Jesus Zapata, AKA Jeezy, AKA Jeezy Hendrix, 30, Manhattan 

2. Hector Hernandez, 25, NYS DOCCS 

3. Jesus Matos AKA Savage, 22, NYS DOCCS 

4. Pedro Valero, AKA Cuzzo, AKA, Montro, AKA Monstro, 28, NYC DOC 

5. Francisco Nunez, AKA Buenon, AKA Buenom, AKA Buenon Pretty, AKA Sesenta, 22, NYC DOC Custody 

6. Jeremy Bello, AKA Pistola, AKA Pitola, AKA Coro, 29, NYS DOCCS 

7. Brayan Lloret, AKA Brayon Lloret, AKA E.T., 22, Manhattan 

8. Daniel Hernandez, AKA Twitch, AKA Rico, 19, NYS DOCCS 

9. Jonathan Davila, AKA Jonathan Davilla, AKA J.O., AKA J.O. Baller, 21, NYC DOC 

10.Victor Capellan, AKA Tecato, 27, NYC DOC 

11.Paul Corporan, AKA Grande, AKA El Cata, 21, NYC DOC 

12.Marcos Espinal, AKA Ito, 23, NYS DOCCS 

13.Darlin Feliz, AKA D-Block, 32, NYS DOCCS 

14.Leonardo DelaCruz, AKA Peetie Po, 21, Bronx 

15.Antonio Mora, AKA Chucky, 27, Federal Custody 

16.Braian Chu, AKA Briann Chu, AKA Braian Berrea, AKA Brian Berrea, AKA Chino, 21, Bronx 17.Dennis Miller, AKA Menace, 26, Queens 

18.Jovier DelaCruz, 26, NYS DOCCS 

19.Kelvin Cabrera, AKA Kevin Cabrera, 26, Bronx 

20.Rafael Perez, AKA Haivita, 26, NYS DOCCS 

21.Ariel Tavarez, 22, Queens 

22.Ernie Garcia, 22, Manhattan 

23.Diogenes Hernandez, AKA J.J., 19, Bronx 

24.Jerry Polanco, 21, Brooklyn 

25.Jose Panigua, AKA Bad Bunny, 19, NYC DOC 

26.John Polanco, 21, Manhattan

BRONX MOTHER SENTENCED IN MURDER-FOR-HIRE PLOT

Enlisted Undercover Cop to Kill Man to Keep Him from Testifying Against Her Son, Who Allegedly Shot Him 

  Bronx District Attorney Darcel D. Clark today announced that a Bronx mother has been sentenced to prison for hiring a hitman to kill a man to keep him from testifying against her son, who is charged in the non-fatal shooting of the man two months earlier. 

 District Attorney Clark said, “The defendant, a Bronx mother whose son allegedly shot a man, hired a hitman to finish the job. She paid $1,000 to the supposed hitman, who was actually an undercover detective. The defendant will now go to prison for trying to end someone’s life and for trying to subvert the criminal justice system.” 

 District Attorney Clark said the defendant, Annette Spann, 45, of 1010 East 178 Street, was sentenced today to two and one-third years to seven years in prison by Bronx Supreme Court Justice Robert Neary, via video. The defendant pleaded guilty to second-degree Conspiracy on May 26, 2020. 

 According to the investigation, on the night of November 14, 2019, Spann met with an undercover detective who she believed was a hitman. Spann is seen on video counting money and paying the detective $1,000 for the hit job. Spann provided specific information about the intended victim’s whereabouts and associates. Spann was arrested on November 22, 2019. Her son, Candido Lizarro, AKA Candido Lizarra, 26, was arrested on December 11, 2019 in Florida for allegedly shooting the victim on September 2, 2019 and was extradited to the Bronx. The case against him is pending.

 District Attorney Clark thanked Vladimir Kocheulov, Chief of the Crime Strategies Bureau, and Analysts of the Crime Strategies Bureau for their assistance in the case. District Attorney Clark also thanked Detective Ravi Narayan of the NYPD Firearms Suppression Division, Detective Victor Cardona of the NYPD Intelligence Bureau, Detective Randy Kyrk of the NYPD Bronx Warrant Squad and Detective Andrew Nash of the 48th Precinct.