Long Island Man Sentenced to 30 Months in Prison for Mailing Threatening Letters to LGBTQ+ Affiliated Individuals

 

Defendant Mailed Letters Threatening Mass Shootings and Bombings of Individuals Affiliated with LGBTQ+ Organizations and Businesses

 Central Islip, United States District Judge Joanna Seybert sentenced Robert Fehring to 30 months in prison for mailing more than 60 letters to LGBTQ+ affiliated individuals, organizations and businesses, many of which contained threats to kill, shoot, and bomb the recipients.  Fehring pleaded guilty to the charge in February 2022.

Breon Peace, United States Attorney for the Eastern District of New York and Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Rodney K. Harrison, Commissioner, Suffolk County Police Department (SCPD) announced the sentence.

“There is no room for hate in the Eastern District of New York. This sentence makes clear that threats to kill and commit acts of violence against the LGBTQ+ community will be met with significant punishment,” stated United States Attorney Peace.  “We will use the full power of our office to bring to justice those who threaten to kill or hurt people because of who they are, and to ensure everyone in our district is able to live authentically, safely and in peace.”

United States Attorney Peace also expressed his gratitude to the Suffolk County District Attorney’s Office for their assistance in the investigation.    

“Robert Fehring made heinous threats against members of the LGBTQ+ community in locations throughout New York, including Suffolk County, for nearly eight years,” Suffolk County Police Commissioner Harrison said. “Thanks to the tireless efforts of our department’s Hate Crimes Unit detectives and the diligent work of our law enforcement partners, Fehring is being held accountable for his crimes. This sentence reiterates that hate and intolerance have no place in Suffolk County.” 

As set forth in the court filings and today’s proceeding, from at least 2013 to 2021, Fehring sent letters threatening violence to individuals associated with the LGBTQ+ community.  In those letters, Fehring threatened to, among other things, use firearms and explosives against the recipients.  Two such letters threatened that there would be an attack on an LGBTQ+ event in Huntington, New York that would be like the 2013 Boston Marathon bombing.  Another letter threatened that radio-controlled explosives would be planted at a beach club in Long Beach, New York that had hosted a LGBTQ+ event.  In another letter sent in June 2018, Fehring threatened the operators of a water ferry service from Sayville to Fire Island, New York that they should “screen everyone coming on board with a metal detector” and that “a thorough search of your boats would be in order.”

Fehring also sent a threatening letter to the owners of the Stonewall Inn in Manhattan and an African American-owned barbershop affiliated with the LGTBQ+ community in Brooklyn.  The letter to the Stonewall Inn stated, “we will blow up/burn your establishments down.  We will shoot those who frequent your dens of [expletives].”  The letter to the barbershop purported to be from “People Who Hate Gays ... and In Particular [n-word] Gays and stated, “your shop is the perfect place for a bombing ... or beating the scum that frequents your den of [expletive] into a bloody pool of steaming flesh.” 

On November 18, 2021, the FBI Civil Rights Squad and the New York Joint Terrorism Task Force executed a search warrant at Fehring’s home in Bayport, New York, and recovered copies of letters containing threats, supplies used to mail threatening letters, 20 LGBTQ+ Pride flags that were stolen from flagpoles in Sayville, New York in July 2021, and reconnaissance-style photographs from the Eisenhower Park Pride event.  The FBI also recovered electronic devices owned by Fehring that contained internet searches for Fehring’s victims and related LGBTQ+ affiliated events and businesses.  Law enforcement officers also recovered from Fehring’s residence two loaded shotguns, hundreds of rounds of ammunition, two stun guns, and a stamped envelope addressed to an LGBTQ+ affiliated attorney containing the remains of a dead bird.

At Fehring’s sentencing hearing, six victims addressed the Court and described the fear that Fehring’s threats instilled in them. 

Statement from Comptroller Brad Lander on City Hall’s Announcement to Open Up $150M For Schools in Federal Stimulus and Budget Appeals Money

 

 Comptroller Brad Lander issued the following statement in response to an announcement from City Hall and the Department of Education regarding budget flexibility for schools:

“Giving principals flexibility to decide how they want to use $100 million in Federal stimulus funds that the DOE had already allocated to their schools back in June – for tutoring, to prevent class size increases, for arts, or a guidance counselor to support struggling students—is a logical step. Accelerating the access to appeals funding that DOE usually holds in reserve until the fall will also ease some principals’ anxiety.

“But it doesn’t make sense to still maintain a more than $300 million cut to schools when the DOE has an additional $500 million in unspent Federal stimulus funds for education to roll over from last year. With just a month remaining before the first day of school, hundreds of principals have already painfully eliminated arts and music programming, re-shuffled teachers and consolidated classes, and excised guidance counselors and support staff.

“There’s no need to impose budget challenges on our principals, teachers, students, and schools, in this moment when they are still struggling to recover and there is ample money to cover the budget losses.”

The Comptroller’s Office analysis found that the cuts to Fair Student Funding facing individual schools due to enrollment decline projections total $469 million. The Comptroller’s year-end review of school stimulus spending identified $505.6 million in unspent, uncommitted FY 2022 federal stimulus funds for education.

Governor Hochul Announces Latest Monkeypox Vaccine Distribution Following Phase 3 Federal Allotment of Doses for New York State and New York City

 

Governor Also Announces New York State Department of Health will Launch New Monkeypox Vaccine Equity Effort

Governor's Monkeypox Presentation Charts Here

 Governor Kathy Hochul today announced the latest round of the JYNNEOS vaccine that will be distributed to local health departments. To ensure all vaccine allotments across the country are being put to optimal use, the Phase 3 allocations are being divided by the federal government into three installments and delivered as the states administer vaccines. The first installment for the New York State Department of Health will be made up of 11,840 vaccines (or 40 percent of the Phase 3 total allocation to New York State). New York City will receive approximately 32,000 doses in the first installment of Phase 3, sent directly to the city health department from the federal government.

"We continue to distribute more monkeypox vaccines to communities across New York State as we build on our ongoing aggressive efforts to confront this public health emergency head on," Governor Hochul said. "This latest allocation from the federal government will help us reach and protect more people, and we will continue to work around the clock to secure more vaccines, expand testing capacity, responsibly educate the public, and protect those most at-risk."

NYSDOH also remains strongly committed to an equitable distribution of vaccine, and eligibility remains focused on individuals with known or likely exposure in areas with the highest number of cases. As part of this effort, 1,000 doses will be designated to launch a new pilot program with AIDS Institute partner providers to ensure equitable access to vaccines and target underserved populations.

On Friday, the Governor welcomed federal plans to send approximately 110,000 more vaccines to New York State and New York City in Phase 3 of the federal distribution, with the State getting 30,000 of these doses in the coming weeks through three separate ordering stages. The New York City Department of Health and Mental Hygiene will be getting approximately 80,000 doses over the same time period.

State Health Commissioner Dr. Mary T. Bassett said, "We continue to work aggressively to ensure New Yorkers have the tools needed to slow this outbreak and protect themselves, including equitable access to vaccine, testing, and treatment, as well as, the information needed to understand the virus, identify symptoms, and reduce risk to exposure. With these tools, New Yorkers can protect themselves and their loved ones from this painful virus."

Of the 11,840 doses allocated to New York State from the federal government in installment 1 of Phase 3, a total of 4,020 will be distributed to Suffolk County; 860 to Erie County; 600 to Onondaga County; 500 to Albany County; 500 to Monroe County; 80 to Rockland County; 80 to Sullivan County. Another 4,000 doses will be allocated to New York City, which has the vast majority of cases in the state. Certain counties that received allocations in prior phases are still in the process of distributing and administering Phase 2 allotments and will not receive more vaccines at this time. The department will also reserve 200 for cases in counties not yet identified.  

In accordance with CDC guidance advising Post-Exposure Prophylaxis (PEP) for the current Monkeypox outbreak, those already exposed or likely to have been exposed are prioritized in the State allocation to counties.

Eligibility includes the following New Yorkers:

• Individuals with recent exposure to monkeypox within the past 14 days.
• Those at high risk of a recent exposure to monkeypox, including members of the gay, bisexual, transgender, and gender non-conforming community and other communities of men who have sex with men and who have engaged in intimate or skin-to-skin contact with others in the past 14 days areas where monkeypox is spreading.
• Individuals who have had skin-to-skin contact with someone in a social network experiencing monkeypox activity, including men who have sex with men who meet partners through an online website, digital application ("app"), or social event, such as a bar or party.

Today's announcement builds on New York State's ongoing response efforts on monkeypox, including efforts to secure more vaccines, expand testing capacity, and distribute the latest information and resources to New Yorkers. Last week, Governor Hochul issued an Executive Order declaring a State Disaster Emergency in response to the ongoing monkeypox outbreak.  The Executive Order enables the state to respond more swiftly to the outbreak and allows health care professionals to take additional steps that will help get more New Yorkers vaccinated. The Executive Order specifically extends the pool of eligible individuals who can administer monkeypox vaccines, including EMS personnel, pharmacists and midwives; allows physicians and certified nurse practitioners to issue non patient specific standing orders for vaccines; and requires providers to send vaccine data to the New York State Department of Health. 

Recently, Governor Hochul announced that the federal government had secured an additional 110,000 vaccine doses, resulting in a total of 170,000 doses to New Yorkers to date. Governor Hochul and the Department of Health are continuing their ongoing coordination with White House, the Center for Disease Control and Prevention (CDC), and the Administration for Strategic Preparedness & Response (ASPR) to ensure that New York continues to receive its fair share of vaccine supply as soon they are available, especially for those New Yorkers in communities with high transmission rates. 

Last week, New York State Commissioner of Health Dr. Mary T. Bassett declared monkeypox an Imminent Threat to Public Health (ITPH) in New York State. Earlier this month, NYSDOH launched a new SMS-text notification effort to deliver the latest monkeypox information directly to New Yorkers. New Yorkers can sign up for text messages—which will include alerts about cases, symptoms, spread, and resources for testing and vaccination—by texting "MONKEYPOX" to 81336 or "MONKEYPOXESP" for texts in Spanish. By providing a zip code, New Yorkers can also opt-in for location-based messages.   

NYSDOH's dedicated website, which stays updated with the latest information, has free, downloadable materials including a palm card, information card, handout, and posters available in both English and Spanish. NYSDOH has already distributed these resources to LGBTQ+ organizations, local county health departments, healthcare providers, and businesses. NYSDOH has also engaged in a paid, digital advertising campaign to get information to communities experiencing higher rates of monkeypox cases. 

In addition to public outreach, the New York State Department of Health continues to focus on distributing vaccines to communities. Local county health departments that have received supply are administering the vaccine directly and establishing their own appointment processes. Working in partnership with counties, New Yorkers who sign-up for location-based alerts may receive alerts on vaccine availability, clinic locations, scheduling, and other monkeypox-related updates specific to their area. 

Earlier this month, NYSDOH, in partnership with the New York City Department of Health and Mental Hygiene (NYCDOHMH), hosted a Monkeypox Town Hall for community leaders led by State Health Commissioner Dr. Mary T. Bassett and City Health Commissioner Dr. Ashwin Vasan.    

For more information about monkeypox, including case counts by county, treatment, and care, visit health.ny.gov/monkeypox.

New Yorkers can learn more about New York State's first vaccine allocation from the federal government here and the second allocation ("2A") here and ("2B") here.

Permits Filed For 2437 Crotona Avenue In Belmont, The Bronx

 

Permits have been filed for a four-story residential building at 2437 Crotona Avenue in Belmont, The Bronx. Located between East 187th and East 189th Streets, the lot is closest to the Fordham Road subway station, serviced by the B and D trains. Joel Mittelman is listed as the owner behind the applications.

The proposed 40-foot-tall development will yield 9,538 square feet designated for residential space. The building will have nine residences, most likely condos based on the average unit scope of 1,059 square feet. The steel-based structure will also have a penthouse and a 33-foot-long rear yard.

Nikolai Katz Architect is listed as the architect of record.

Demolition permits have not been filed yet. An estimated completion date has not been announced.

49th Precinct National Night Out

It was a 'Hot National Night Out' in Bronx Park East where the 49th Precinct Community Council, 49th Precinct, community organizations, and elected officials gathered to celebrate the event. 49th Precinct Council President Joe Thompson opened the event, worked the Cotton Candy machine, Introduced commanding officer of the 49th Precinct Captain Kentish, the elected officials on hand, and 'Cut A Rug' with Bronx Borough President Vanessa Gibson all in one night. 

Bronx Borough President Vanesa Gibson gave a shout out to many of the community organizations present, thanked everyone who came, mentioned that this was her tenth National Night Out that she attended during the day, and wound up dancing with 49th Precinct Community Council President Joe Thompson. Other elected officials up front with BP Gibson were State Senators Jamaal Bailey and Gustavo Rivera, Councilman Oswald Feliz, and Assemblywoman Nathalia Fernandez. Councilwoman Marjorie Velazquez was home recovering from the COVID virus. 

After opening the event, 49th Precinct Community Council President Joe Thompson (far Right) introduced Precinct Council Secretary Grace Lovig who sang the National Anthem, while it was being signed. 

Here Mr. Thompson mans cotton candy machine.

The Albanian American Open Hands Association with Shabir Gul, Aleksander Nilij, and others gave out apples and grapes to snack on.

The Pelham Parkway Neighborhood Association gave out information about the organization and various giveaways. 

Jacobi Hospital was on hand with information and various giveaways.

SUV was present to teach people hot to Stand Up to Violence.

Ms. Dawn Pinnock Commissioner of DCAS representing Mayor Adams gave a proclamation to 49th Precinct Commanding Officer Captain Kentish, as Joe Thompson and Shabir Gul (49th Precinct Clergy Council) are also in the photo. 

The three 49 Precinct Community Affairs officers received Certificates of Merit from Bronx Borough President Vanesa Gibson, who is standing between them. Captain Kentish, Assemblywoman Fernandez, State Senators Rivera and Bailey, Councilman Feliz, and Precinct Council President Thompson are in the photo.

The right music came on so Borough President Gibson and 49th Precinct Council President Thompson Cut a Rug as they danced to the final song played.

After a long dance on a very hot night both dancers are glad they had the final dance of the night. 

Mayor Adams' Statement on Staten Island Ferry Service

 

New York City Mayor Eric Adams today released the following statement on changes in Staten Island Ferry service:

 

“A significant share of our Staten Island Ferry workforce did not report to work today. As a result, Staten Island Ferry service will run hourly from 3:00 PM today until at least 5:00 AM tomorrow. In that time, ferries will depart from St. George Terminal on Staten Island on the hour and from Whitehall Terminal in Manhattan on the half-hour. We hope Staten Island Ferry service will return to regular operations with 15-minute service beginning at 5:00 AM tomorrow.

 

“Helping New Yorkers travel between Staten Island and Manhattan safely and efficiently is priority number one. We strongly encourage New Yorkers and visitors to seek alternatives to the ferry, and we are exploring every option to help people make that trip. We are particularly discouraging any non-essential trips at this time.

 

“Beginning at 3:30 PM, we are adjusting NYC Ferry service to offer no-cost, direct service between Battery Maritime Building Slip 5 and the NYC Ferry St. George Terminal landing, operating approximately every 15 minutes. This supplemental service will continue until NYC Ferry service ends at 10:00 PM tonight and resume at 6:30 AM tomorrow. We are also working closely with our partners at the MTA to accelerate express bus service.

 

“We will continue to monitor this situation extremely closely. We are working constantly to make sure that Staten Islanders and all New Yorkers can travel seamlessly between Manhattan and Staten Island, and we will do everything we can to make that happen during this disruption.

 

“Amidst a national marine workers shortage and ongoing labor challenges, we have already been making regular adjustments to Staten Island Ferry service. Now with this event, we are saying to the workers who did not come in today: If you are not sick, New Yorkers need you to come to work.

 

“As with other employers nationwide, we have faced staffing challenges and have already been making regular adjustments to Staten Island Ferry service. Now with this event, we are saying to the workers who did not come in today: If you are not sick, New Yorkers need you to come to work.

 

“We will continue to engage with these ferry workers’ union to reach a voluntary, pattern-conforming agreement in the same way that we have done with virtually all other city unions for these rounds of bargaining.”

 

Attorney General James Urges U.S. Department of Transportation to Address Widespread Airline Cancelations and Delays

 

AG James Calls on Federal Aviation Administration to Prevent Airlines from Selling Tickets for Flights They Cannot Provide on Time

 New York Attorney General Letitia James today urged the U.S. Department of Transportation (DOT) to take action to address widespread airline cancelations and delays, which have disrupted travel plans for millions of consumers nationwide. During the first half of 2022, 2.8 percent of flights were canceled, a 33 percent increase from the same time in 2019. New York City area airports have had the highest summer cancelation rates in the country, with Newark Liberty International ranking first in cancelations, LaGuardia ranking second, and JFK International ranking ninth. Airlines appear to be advertising and booking flights they do not have the personnel to operate, which has caused delays and forced consumers to incur additional travel costs. In a letter to U.S. Transportation Secretary Pete Buttigieg, Attorney General James calls on the Federal Aviation Administration (FAA) to implement more stringent measures to keep airlines in line and remedy any harm to consumers.

“Airlines knowingly advertising and booking flights they do not have the adequate staff to operate are flying in the face of the law,” said Attorney General James. “Travelers are forced to miss important events, pay more, or change their entire travel plan because airlines are failing at their most basic function. The skyrocketing number of flight cancelations and delays in airports across the country is unacceptable and travelers have endured too much confusion and frustration. I urge the U.S. Department of Transportation to increase its oversight and regulation of airlines that are skirting the rules and causing disruptions for travelers.”

The Office of the Attorney General (OAG) has received numerous complaints from New York consumers who suffered cancelations from various airlines, including passengers who were offered rescheduled flights as late as five days after their canceled flights. One couple whose flight was canceled was left with no choice but to drive from Buffalo to Newark so that they could still make their connecting international flight. A mother from Rochester who was visiting Florida with her two young children had her flight canceled then rescheduled to the following day only for that flight to be canceled as well. The family was stranded in the airport, having already checked their children’s car seats with the airline and needed to return home due to their infant’s specialized dietary needs. The family had little choice except to book flights on another airline, spending more than $1,100 to do so — for which they were not compensated. 

Attorney General James’ letter explains that airlines have engaged in a practice of selling tickets while knowing that there is an unacceptably high risk they do not have the adequate personnel to provide all the flights they have advertised and booked. The airlines then keep the money paid by the passengers for the originally reserved flights as if the airlines had provided the services they promised.

The DOT, which oversees the Federal Aviation Administration (FAA), has extensive powers to regulate airlines and improve their practices. In her letter, Attorney General James provides recommendations to the FAA to prevent cancelations and delays, including requiring airlines to:

• Advertise and sell only as many flights as they have adequate personnel to fly and support,
• Provide full or partial refunds when flights are canceled or rescheduled, and,
• Provide passengers additional payments to compensate them for the additional costs they incur when dealing with flight delays and cancelations, including payments for hotel stays, taxi fares, car rentals, and gasoline.

Today’s letter is the latest action Attorney General James has taken to push the federal government to improve airline service and protect the rights of airline passengers. In September 2021, Attorney General James urged Secretary Buttigieg and FAA Administrator Stephen Dickson to take action to end airline “slot-squatting,” a practice where airlines occupy flight slots at airports but under-utilize them, holding on to slots simply to prevent them from being used by their competitors. In her September 21 letter, Attorney General James urged FAA to adopt a use-it-or-lose-it policy that would prevent the slot-squatting practice and instead allocate slots to airlines that would best use the slots to provide service to passengers.

General Contractor And Real Estate Developer Arraigned In Connection With Worker Death On Construction Site In Poughkeepsie

 

OneKey, LLC, and Finbar O’Neill Arraigned on Charges of Willfully Violating OSHA Regulations Resulting in Death of Construction Worker

 Damian Williams, the United States Attorney for the Southern District of New York, and Jonathan Mellone, the Special Agent-in-Charge of the New York Region of the Office of the Inspector General, Department of Labor (“DOL-OIG”) announced today that ONEKEY, LLC, a New Jersey construction company, and its principal, FINBAR O’NEILL, were charged by Information with willfully violating Occupational Safety and Health Administration (“OSHA”) regulations, resulting in the death of a construction worker (“Victim-1”) in Poughkeepsie, New York, on or about August 3, 2017.  The Information charges that ONEKEY and O’NEILL built and placed construction loads on a concrete wall without consulting with a qualified person to determine whether the wall could withstand the weight.  The Information also charges that ONEKEY and O’NEILL failed to warn workers about the dangers of the wall.  The wall collapsed, killing Victim-1.  ONEKEY and O’NEILL were arraigned on the charges this afternoon before United States Magistrate Judge Judith C. McCarthy.

U.S. Attorney Damian Williams said: “As alleged, OneKey, a construction company, and its principal, Finbar O’Neill, endangered the safety of their workers by disregarding regulations and taking shortcuts to sidestep their safety obligations. This conduct led to the death of a worker on a construction site. Today’s charges should serve as a reminder to small business that failure to comply with safety regulations can lead to unnecessary and preventable tragedy.”

DOL-OIG Special Agent-in-Charge Jonathan Mellone said:  “An important part of the mission of the Office of Inspector General is to investigate allegations of criminal misconduct related to U.S. Department of Labor (DOL) programs. We will continue to work with our law enforcement partners and DOL’s Occupational Safety and Health Administration to hold accountable those who jeopardize workers’ safety.”

As alleged in the Information[1]:

In 2017, ONEKEY and O’NEILL implemented a soil compaction plan at a construction site at 1 Dutchess Avenue in Poughkeepsie.  The soil compaction plan involved piling large quantities of dirt, called “surcharges,” on top of the sites of three future buildings.  An engineering firm designed a plan for the use of the surcharges.  ONEKEY and O’NEILL did not follow this plan.  Instead, they built a wall to hold back one of the surcharges, so workers could get started on the buildings next to it.  ONEKEY and O’NEILL did not consult with any qualified person to see if the wall could withstand the weight to be placed on it by the surcharge. 

While people were working next to the wall, ONEKEY kept using construction machinery to add dirt to the surcharge pressing up against the wall.  The people working near the wall were not warned about the dangers it created.  ONEKEY and O’NEILL heard from people working at the site that the wall was not safe.  They did not fix the wall.

On August 3, 2017, workers complained that construction machines were driving on top of the surcharge, adding dirt to it.  Later that day, the wall collapsed.  As it fell, Victim-1 ran away from the wall, but he could not get away in time and was killed.

ONEKEY, LLC, a New Jersey corporation, is charged with one count of willful violation of OSHA regulations resulting in death.  The foregoing count carries a maximum fine of $500,000. 

FINBAR O’NEILL, 57, of Paramus, New Jersey, is charged with one of count of willful violation of OSHA regulations resulting in death. The foregoing count carries a maximum sentence of six months in prison and a maximum fine of $250,000.  

The maximum potential sentences in this case 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 outstanding work of OSHA and DOL-OIG.

The charges contained in the Information 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 Information, and the description of the Information set forth herein, constitutes only allegations, and every fact described therein should be treated as an allegation.