Thursday, February 16, 2023

Former High School Dean Charged With Murder

 

 Damian Williams, the United States Attorney for the Southern District of New York, Frank A. Tarentino III, the Special Agent-in-Charge of the Drug Enforcement Administration (“DEA”), and Keechant Sewell, the Commissioner of the New York City Police Department (“NYPD”), announced today that a grand jury in Manhattan federal court returned a Superseding Indictment charging ISRAEL GARCIA a/k/a “Shorty Rock,” the former leader of the Get Money Gunnaz set of the Young Gunnaz street gang (the “GMG YGz”) with murder in aid of racketeering and other charges in connection with the October 11, 2010, murder of Alfonso “Joey” McClinton.  GARCIA and 12 others had previously been charged in July 2021 with engaging in a conspiracy to distribute narcotics and with possessing firearms during that conspiracy in connection with their involvement with the GMG YGz.               

U.S. Attorney Damian Williams said: “As a former high school dean, Israel Garcia was trusted with guiding children towards a bright future, but we allege that Garcia himself was participating in the drug trafficking activity that a high school dean should be protecting his students from.  In addition, as alleged, the defendant shot and murdered Alfonso McClinton as part of the defendant’s gang membership and drug dealing.  We will continue to work with our law enforcement partners to weed out violent gang activity from every corner of our community.”

DEA Special Agent in Charge Frank A. Tarentino III said: “This superseding indictment exemplifies law enforcement’s commitment to bringing justice to victims of violent crime.  I commend the dedicated agents, detectives, and prosecutors whose dogged work led to murder charges for Israel Garcia, one of the leaders of the Young Gunnaz.”

NYPD Commissioner Keechant L. Sewell said: “The NYPD and our law enforcement partners ceaselessly pursue all violent criminals who terrorize our neighborhoods.  True to form, our officers were relentless in investigating this murder – despite it occurring more than a decade ago – to ensure that all of those allegedly involved are held responsible.  I want to thank the U.S. Attorney’s Office for the Southern District of New York, the Drug Enforcement Administration’s New York Division, and all who sought justice for this victim and his family.”

As alleged in the Indictment, court filings, and statements made in federal and New York state court:[1] 

For more than a decade, the defendant controlled the sale of narcotics in the vicinity of East 184th Street and Morris Avenue in the Bronx as the leader of the GMG YGz.  As part of their narcotics operation, GMG YGz members carried firearms and engaged in back-and-forth shootings with neighboring, rival crews.  This violence resulted in, among other acts, the 2010 murder of Alfonso “Joey” McClinton (“McClinton”).  The State of New York arrested and prosecuted GMG YGz member Joseph (“Juice”) Johnson for the killing.[2]  Ballistics, video evidence, and eyewitness testimony, however, reveal that there was a second shooter involved in Mr. McClinton’s murder.  Today’s Indictment charges GARCIA with being that second shooter.

GARCIA, 32, of the Bronx, New York, is charged with (i) murder in aid of racketeering, which carries a maximum sentence of death or life in prison and a mandatory minimum sentence of life in prison; (ii) narcotics conspiracy, which carries a maximum sentence of life in prison and a mandatory minimum sentence of 10 years in prison; (iii) murder while engaged in a narcotics conspiracy, which carries a maximum sentence of death or life in prison and a mandatory minimum sentence of 20 years in prison; (iv) murder through the use of a firearm, which carries a maximum sentence of death or life in prison and a mandatory minimum sentence of five years in prison; (v) firearms use, carrying, and possession in connection with a drug trafficking crime, which carries a maximum sentence of life in prison and a mandatory minimum sentence of five years in prison, which must be served consecutively to any other sentence imposed; (vi) witness tampering, which carries a maximum sentence of 20 years in prison; and (vii) conspiracy to commit witness tampering, which carries a maximum sentence of 20 years in prison. 

The minimum and maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.

Mr. Williams praised the investigative work of the DEA, the NYPD, the Department of Homeland Security, Homeland Security Investigations, the United States Marshals Service, and the Organized Crime Drug Enforcement Task Forces.  This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation.  OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach.  Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

This case is being handled by the Office’s Narcotics Unit.  Assistant U.S. Attorneys Maggie Lynaugh, Micah Fergenson, Jacob Gutwillig, Matthew Hellman, and Kaylan Lasky are in charge of the prosecution.

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

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

[2] Johnson was convicted at trial of second-degree murder in The People of the State of New York v. Joseph Johnson, Index Number 4311/2010.  On February 3, 2022, the verdict against Johnson was vacated.  Johnson subsequently pled guilty to manslaughter and is serving a 17-year sentence. 

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