Venezuelan National Carlos Orense Azocar Convicted After Trial On Drug Trafficking And Weapons Charges

 

Carlos Orense Azocar Conspired with High-Ranking Venezuelan Officials and Members of the Venezuelan Military and Intelligence Agencies to Distribute Tons of Cocaine to the United States

Damian Williams, the United States Attorney for the Southern District of New York, and Anne Milgram, the Administrator of the U.S. Drug Enforcement Administration (“DEA”), announced that a jury returned a guilty verdict against CARLOS ORENSE AZOCAR yesterday on all three counts in the Indictment, which contained cocaine-importation and weapons charges.  The defendant was found guilty following a two-week trial before U.S. District Judge Vernon S. Broderick. 

U.S. Attorney Damian Williams said: “For more than a decade, Carlos Orense Azocar worked with some of the largest narcotics traffickers in the world to send tons of cocaine to the United States.  He partnered with corrupt high-ranking government and military officials in Venezuela and employed an arsenal of high-powered weapons to protect his cocaine distribution organization.  For years, Orense Azocar shipped mountains of poison to this country and made millions of dollars in drug money.  But no more.  A jury in this district has unanimously held Orense Azocar responsible for his crimes, and now he will face a possible life sentence behind bars.” 

DEA Administrator Anne Milgram said: “Orense Azocar and his drug trafficking organization used every means available, including high-powered weaponry, government corruption, and bribery, to safeguard his expansive operation and traffic hundreds of tons of cocaine into the United States.  Today’s verdict is another example of the dangerous and vital work DEA does every day across the globe and our relentless pursuit of justice for those responsible for causing harm to the American people.”

As reflected in the Indictment, public filings, and the evidence presented at trial:

Beginning in or about 2003, ORENSE AZOCAR and his drug trafficking organization distributed tons of cocaine destined for importation into the United States.  ORENSE AZOCAR helped transport, receive, and distribute loads of cocaine ranging from hundreds to thousands of kilograms from Venezuela to Mexico, the Dominican Republic, and elsewhere, using air and maritime routes.  ORENSE AZOCAR operated fincas, or ranches, in Venezuela, where he stored his cocaine in underground tanks, stored hundreds of deadly weapons and thousands of rounds of ammunition, and which had clandestine landing strips from which he dispatched airplanes loaded with cocaine.  ORENSE AZOCAR also loaded cocaine on “go-fast” boats that sped from the Venezuelan coastline to intermediate delivery points in the Caribbean, including the Dominican Republic and close to Puerto Rico.  To aid in his cocaine distribution, ORENSE AZOCAR worked with and paid bribes to high-ranking officials throughout the Venezuelan government, including military generals and army officials, national police commissioners, and high-ranking officials in the Venezuelan intelligence agencies.  ORENSE AZOCAR’s corrupt Venezuelan government connections secured access to military-grade weaponry, protection from military and law enforcement raids, safe passage for ORENSE AZOCAR’s cocaine convoys through checkpoints, and fraudulent airplane transponder codes to permit ORENSE AZOCAR’s cocaine-laden aircraft to freely depart Venezuela en route to Central America and Mexico.  ORENSE AZOCAR similarly partnered with armed guerilla forces operating in Colombia and Venezuela to source cocaine and secure safe passage for his cocaine shipments.  ORENSE AZOCAR distributed hundreds of tons of cocaine and made tens of millions of dollars through his narcotics trafficking.

To protect and expand his cocaine trafficking organization, ORENSE AZOCAR employed high-powered weaponry.  He had armed security teams that guarded his finca; traveled in armored vehicles with armed security; and used armed security, military forces, and police to protect his convoys of cocaine.  Among other weapons, ORENSE AZOCAR employed automatic rifles, submachine guns, handguns modified to operate as machine guns, and a 50-caliber mounted machine gun. 

ORENSE AZOCAR, 68, of Venezuela, was convicted on three counts: (i) conspiring to import cocaine into the United States, which carries a mandatory minimum sentence of 10 years in prison and a maximum potential sentence of life in prison; (ii) using and carrying machine guns during, and possessing machine guns in furtherance of, the cocaine-importation conspiracy, which carries a mandatory consecutive minimum sentence of 30 years in prison and maximum potential sentence of life in prison; and (iii) conspiring to use and carry machine guns during, and to possess machine guns in furtherance of, the cocaine-importation conspiracy, which carries a maximum potential sentence of life in prison.

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

This prosecution is part of an Organized Crime Drug Enforcement Task Force (“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.

Mr. Williams praised the outstanding efforts of the DEA’s Special Operations Division Bilateral Investigations Unit, OCDETF New York Strike Force, and SDNY Digital Forensics Unit, as well as the U.S. Department of Justice’s Office of International Affairs.

Attorney General James Issues Statement on the Completion of Trial Against Donald Trump

 

New York Attorney General Letitia James issued the following statement after her office rested its case against Donald Trump and the Trump Organization for years of financial fraud: 

Today, after 11 weeks of trial, we rested our case against Donald Trump and the Trump Organization for years of financial fraud. While the judge already ruled in our favor and found that Donald Trump engaged in years of significant fraud and unjustly enriched himself and his family, this trial revealed the full extent of that fraud — and the defendants’ inability to disprove it. We look forward to presenting our closing argument on January 11. 

Governor Hochul Signs Four New Laws to Protect Consumers from Price Gouging, Medical Debt and Unfair Business Practices

 

Legislation S.608C/A.5653B Prohibits Selling Medicine for an Unconscionably Excessive Price During a Drug Shortage

Legislation S.4907A/A.6275A Prohibits Hospitals, Health Care Professionals and Ambulances from Reporting Medical Debt to Credit Agencies

Legislation S.5941B/A.3245D Requires Companies to Notify Customers of Automatic Subscription Renewals and to Provide Clear Instructions for Canceling

Legislation S.1048A/A.2672B Clarifies that Merchants Must Post the Highest Price a Consumer Might Pay for a Product Regardless of Payment Methods

Governor Hochul today signed legislation to protect New York consumers from medicine price-gouging and ongoing financial consequences related to medical debt. Additionally, the Governor signed bills what will curb predatory subscription services, and confusion over the price of many goods and services. Legislation S.608-C/A.5653-B prohibits the sale of medicine for an unconscionably excessive price throughout a drug shortage. Legislation S.4907A/A.6275A prohibits hospitals, health care professionals and ambulances from reporting medical debt to credit agencies. Legislation S.5941B/A.3245D requires companies to notify customers of automatic subscription renewals and to provide clear instructions for canceling said services. Legislation S.1048A/A.2672B clarifies that merchants must post the highest price a consumer might pay for a product, regardless of payment methods.

“As costs and inflation continue to creep up, consumer protection is one of the ways that our state is giving New Yorkers more purchasing power and keeping hard-earned money in their pockets,” Governor Hochul said. “This legislation will help to protect individuals struggling with medical debt, unwanted subscriptions, and confusion over prices at the register. No one should have to jump through hoops to protect their finances and today we’re taking steps to help New Yorkers on their journeys toward financial freedom.”

Legislation S.608C/A.5653B prohibits the sale of medicine for an unconscionably excessive price during a drug shortage (as declared by the U.S. Food and Drug Administration). Generally, an “unconscionably excessive price” may include a gross disparity between the price being charged by the seller during the abnormal disruption of the market, and the price charged immediately prior.

NYC PUBLIC ADVOCATE REVEALS 2023 WORST LANDLORD WITH MOST VIOLATIONS IN HISTORY

 

New York City Public Advocate Jumaane D. Williams released the 2023 ‘Worst Landlord Watchlist’ today, an annual list which spotlights and shames the most egregiously negligent property owners in the city. The worst landlords are determined by the number of widespread, persistent, dangerous housing violations in their buildings. 

Violations, as compiled and categorized by the Department of Housing Preservation and Development, can include issues such as heat and hot water outages, rodent infestation issues, and deteriorating infrastructure. The impact of unchecked safety and code violations was made clear earlier this week, as a portion of a Bronx residential building collapsed. 

The 2023 worst landlord in the city retains the title from 2022. Johnathan Santana, the designated head officer for Daniel Ohebshalom amassed the most open violations in the list’s history last year with 2980, and this year surpassed that record with a staggering 3293 open violations across 306 units in buildings on the list. Daniel Ohebshalom is an infamous owner with neglected, dilapidated buildings across the city. Since Santana topped last year’s list, Ohebshalom has faced increased legal scrutiny, and has settled three separate lawsuits with the city in recent months, totaling $4.2 million dollars, over failures to rectify dangerous conditions at a range of buildings. 

"Johnathan Santana and Daniel Ohebshalom may be shameless in their negligence and predatory practices, as is clear in their record violations, but it’s clear that spotlighting and shaming them and other worst landlords in the city can have meaningful impact,”said New York City Public Advocate Jumaane D. Williams in releasing the list. “Through tenant organizing, legal battles, and legislative initiatives, we can hold bad actors to account and deliver relief for New Yorkers facing unlivable conditions and declining unaffordable rents. We need to ensure other landlords on the list that accountability and change go beyond the top spot to landlords throughout the list and the city."

While Johnathan Santana and Daniel Ohebshalom had the most violations by a wide margin, over a dozen landlords with properties throughout the city averaged over 1000 open violations in their buildings on the list. The top five worst individual landlords of 2023 are: 

• Johnathan Santana and Daniel Ohebshalom, with an average of 3293 HPD open violations
• David Tennenbaum, with an average of 2416 HPD open violations
• Larry Hirchfield, with an average of 1394 HPD open violations
• Sima Abdavies, with an average of 1372 HPD open violations
• Alfred Thompson, with an average of 1341 HPD open violations

HPD lists Yonah Roth as the head officer for 1915 Billingsley Terrace, the Bronx building which partially collapsed on Monday. Records show Roth's portfolio is affiliated with Jacob Zanger, who ranks #50 on this year's list. 

View the full list of the 100 Worst Landlords, as well as the worst buildings in each borough, here. 

To unveil the list, the Public Advocate rallied with tenants today outside of 410 W. 46th Street in Manhattan, a building that for years was in Johnathan Santana’s name and portfolio under Daniel Ohebshalom. Tenants there have been engaged in a years-long court battle to remedy unsafe conditions in the building, and just weeks ago, successfully saw their property placed under the control of an outside administrator through the 7A program. Administrators are appointed by the Court to operate privately owned buildings that have conditions that are dangerous to the tenants' life, health and safety. The rehabilitation program is designed for extreme circumstances, and allows for vital repairs to be made.

Budget Cuts Make Buildings Dangerous

This year’s list comes amid ongoing, deep, damaging budget cuts to city agencies which threaten the vital services that the HPD provides. Enforcement against the worst landlords in the city is only possible with adequate funding and resources directed toward those efforts. Prior cuts through the administration’s PEGSs (Programs to Eliminate the Gap) have already impacted HPD’s budget, and new cuts announced by the administration will only further weaken the city’s ability to hold bad landlords accountable.

In May, the administration reported a vacancy rate of 15% at HPD, with 115 inspector positions unfilled. In September, the Mayor's Management Report indicated that response times to "non-emergency" violations had slowed due to these vacancies. Progress such as the recent victories against Daniel Ohebshalom will become much more difficult, with tenants left to suffer the consequences of cuts.  

“I’m glad that the city has been able to bring some consequences for landlord negligence in the last year. Delivering greater accountability for tenants will require the resources to conduct inspections and to enforce against the worst landlords in our city,” added the Public Advocate. “Widespread budget cuts to city services and agencies like HPD are dangerous and will weaken our ability to make buildings safe and make landlords pay.”

Chronic underfunding is a key feature of the ongoing worst overall landlord citywide, the New York City Housing Authority (NYCHA). This year, as tenants in some developments have begun to vote on new ways to address the ongoing shameful conditions at these city-run buildings. NYCHA has 596,000 open work orders as of October 2023, and recent estimates suggest that nearly $80 billion dollars will be needed to address current conditions. While funding shortfalls are largely state and federal responsibility, the perpetual mismanagement of NYCHA makes the city itself the worst overall landlord for hundreds of thousands of New Yorkers. 

Legislating the Worst Landlords

This is the fifth Worst Landlord Watchlist from Public Advocate Williams, who is pursuing legislative solutions to the issues present by the list. This year, the city Council passed his Worst Landlord Law, which will help prevent fraudulent repairs by repeatedly negligent or dishonest landlords, and increase penalties for failure to correct hazardous violations. A second bill, which is yet to pass, would require HPD to more quickly respond to and perform inspections of hazardous violations. Successful implementation of these laws will require full funding of the agency in order to employ more inspectors and hold landlords to account. 

At the launch, the Public Advocate directed New Yorkers to LandlordWatchlist.com, as well his office’s Text Line, 833-933-1692, to learn about whether their landlords are featured on the list, how to report violations, and access resources for tenants to organize and seek relief

Private landlords on the Worst Landlord Watchlist are ranked objectively according to data obtained by the Department of Housing Preservation and Development (HPD). Landlords are ranked based on the average number of housing code violations open per month on their buildings on the watchlist, using data from November 2022 to October 2023. More on the methodology is available here.

View the full Worst Landlord Watchlist, and check to see if your address is owned by a 2023 worst landlord, by visiting LandlordWatchlist.com.

MAYOR ADAMS SIGNS BILL TO CREATE FAIR HOUSING FRAMEWORK FOR MORE EQUITABLE HOUSING PRODUCTION

 

Intro. 1031-A Establishes Housing Production Targets for Each Community District, Assessment of Community Housing Needs 

New York City Mayor Eric Adams today took another action to create and maintain more affordable housing across the five boroughs by signing legislation that establishes a “Fair Housing Framework.” The new law helps to ensure that every neighborhood plays an equitable role in addressing the city’s housing crisis through community district-level housing production targets and an assessment of unique community housing needs. The bill was sponsored by New York City Council Speaker Adrienne Adams and will be a critical tool in the administration’s continued efforts to combat the housing and affordability crisis, as well as to address systemic inequities in housing production.  

  

“For far too long, government has let restrictive laws and zoning rules keep us from building the housing New Yorkers need,” said Mayor Adams. “I am proud to stand side-by-side with Speaker Adams to fight the factors that have contributed to housing discrimination and inequality — together with our ‘City of Yes’ plan, the Fair Housing Framework will help right some of the great wrongs of our city’s history. I look forward to our continued partnership with Speaker Adams and the City Council to fight the city’s untenable housing and affordability crisis.” 

 

“Today is a historic day, with my Fair Housing Framework being signed into law, providing another tool to help the city confront our housing crisis through bold and equitable solutions that ensure every community contributes to housing production,” said Speaker Adrienne Adams. “My Fair Housing Framework legislation will help create a plan that is a foundation for building and preserving housing, prioritizing affordability, and improving access to neighborhood investments and resources. By setting the expectation that every community must help address the housing crisis, the law will establish an important tool of transparency and accountability for solving our housing crisis. I thank my council colleagues, advocates, and labor unions for their strong support of this critical legislation, and Mayor Adams for signing it into law.” 

 

“This legislation recognizes a simple truth: To build the housing we need, every community must do its part,” said Deputy Mayor for Housing, Economic Development, and Workforce Maria Torres-Springer. “Delivering on the promise of this bill will require bold action at every level of government. But with the leadership of Mayor Adams, Speaker Adams, and our partners in the City Council, we can meet this generation-defining challenge.” 

  

“Mayor Adams’ and Speaker Adams’ leadership in getting the Fair Housing Framework bill across the finish line demonstrates our strong alignment and commitment to tackling the housing crisis with fairness and equity front and center,” said New York City Department of Housing Preservation and Development Commissioner (HPD) Adolfo Carrión Jr. “By pairing the fair housing assessment plan and strategic equity framework for each community district with the mayor’s proposed zoning changes aimed at adding new housing everywhere across the city, we will ensure every neighborhood is part of the solution to our affordable housing crisis.”  

 

“New York’s uneven and insufficient housing production has failed to meet New Yorkers’ needs for too long, increasing housing costs and displacement pressure in some neighborhoods while others produce virtually no housing,” said New York City Department of City Planning (DCP) Director and City Planning Commission Chair Dan Garodnick. “I commend Mayor Adams, Speaker Adams and the City Council on their commitment to addressing this pressing issue and look forward to working with them as we continue to advance zoning and land use solutions to create a more affordable, integrated city.” 

 

“NYCHA understands the importance of affordable housing in New York City,” said New York City Housing Authority (NYCHA) Chief Executive Officer Lisa Bova-Hiatt. “We applaud the work that our city partners are doing as they continue to expand housing opportunities for low- and middle-income New Yorkers and build more inclusive communities throughout the distinct and diverse neighborhoods that comprise the five boroughs.” 

 

Intro. 1031-A requires HPD and DCP to work with other relevant agencies to create a citywide fair housing assessment and strategic equity framework every five years, exploring the obstacles the city must overcome to achieve housing stability and reach the city’s fair housing goals. The city will produce an assessment of long-term citywide housing needs, five-year housing production targets for each community district, and a strategic equity framework that will report on the obstacles and strategies for achieving them. The plan will also focus on the production and preservation of affordable housing, anti-displacement resources, and neighborhood investments for underserved communities.     

  

The Fair Housing Framework builds on the administration’s robust efforts to promote fair housing practices, such as HPD’s elimination of credit checks for New Yorkers selected for affordable housing and progress in executing its comprehensive “Where We Live NYC” fair housing plan, which is expected to be updated in 2025. In September, the administration also released a historic “City of Yes for Housing Opportunity” proposal to build “a little more housing in every neighborhood” through the most significant pro-housing reforms in the history of the city’s zoning code.  

 

“Every community across the five boroughs should allow the development of affordable housing, and we applaud the council and mayor for codifying this principle in law,” said Jolie Milstein, president and CEO, New York State Association for Affordable Housing. “This is an important milestone in the effort to get binding, pro-housing legislation passed at the state level.”  

 

“We are pleased that the city has enacted the Fair Housing Framework. We look forward to working with the City Council and agencies to ensure that tangible steps are taken to affirmatively further fair housing and to eliminate the pervasive housing discrimination that continues to exist, including elimination of blanket bans that exclude individuals with a criminal legal history,” said Elizabeth Grossman, executive director, Fair Housing Justice Center, Inc. 

 

District Court Employee Convicted At Trial In Connection With Decade-Long Bribery Scheme

 

Damian Williams, the United States Attorney for the Southern District of New York, announced on December 11, 2023, that a federal jury found DIONISIO FIGUEROA, a/k/a “Dionicio,” an employee of the U.S. District Court for the Southern District of New York (“the SDNY District Court”), guilty of bribery, conspiracy, and false statements charges for his participation in a scheme in which he referred criminal defendants to a criminal defense attorney and encouraged those defendants to retain the attorney, all in exchange for cash bribes.  The attorney pled guilty to all counts on November 16, 2023.  FIGUEROA will be sentenced by U.S. District Judge Mae A. D’Agostino on April 8, 2024. 

U.S. Attorney Damian Williams said: “Figueroa, a longtime clerk at the SDNY District Court, betrayed his employer, the public, and those who rely on the court to remain impartial.  His actions violated his duties as a court employee, undermined the fair administration of justice, and undermined the work of the many good people in the courthouse who serve the criminal justice system with honesty and integrity.  A federal jury has now held Figueroa accountable for his crimes.  This verdict should remind public servants in positions of trust that if you betray the public, my Office will not hesitate to enforce the law.” 

According to the Indictment, statements made in public court proceedings and filings, and the evidence at trial:

As a clerk in the SDNY Magistrate Clerk’s Office since in or about 2002, FIGUEROA was responsible for performing duties that included, among other things, making data entries regarding official case events in criminal cases, making summary entries of documents and proceedings on case dockets, and performing inquiries and furnishing information, either in person or by correspondence, regarding the status of cases.  FIGUEROA also played a role with respect to the intake of criminal cases, including by preparing appearance bonds, advising defendants and their family members about the conditions of the bonds, and ensuring that appearance bonds were signed by all parties prior to a defendant’s release. 

SDNY District Court personnel policies prohibited FIGUEROA from having outside employment that would pose a conflict of interest; receiving payments, gifts, or other benefits from persons having business before the District Court; and recommending particular attorneys to members of the public.  FIGUEROA was also subject to the U.S. Courts’ Code of Conduct for Judicial Employees (the “Code of Conduct”), which cautioned judicial employees that “[a] number of criminal statutes of general applicability govern federal employees’ performance of official duties.  These include:  18 U.S.C. § 201 (bribery of public officials and witnesses) . . . ”  The Code of Conduct likewise admonished, among other things, that “[a] judicial employee should never influence or attempt to influence the assignment of cases, or perform any discretionary or ministerial function of the court in a manner that improperly favors any litigant or attorney, nor should a judicial employee imply that he or she is in a position to do so.” 

TELESFORO DEL VALLE, JR., was a private attorney who had appeared in numerous federal criminal cases pending before the SDNY District Court.

Between at least 2011 and 2022, FIGUEROA and DEL VALLE engaged in a scheme whereby FIGUEROA used his position as an employee of the SDNY District Court to encourage criminal defendants to retain DEL VALLE to represent them in pending criminal cases.  In return, DEL VALLE paid FIGUEROA a portion of the fees clients paid to DEL VALLE.  Over the course of more than a decade, FIGUEROA referred at least 45 SDNY criminal defendants to DEL VALLE, and DEL VALLE paid FIGUEROA tens of thousands of dollars in referral fees.  DEL VALLE paid FIGUEROA directly and through an intermediary who would pick up envelopes of cash for FIGUEROA from DEL VALLE’s law office.  Many of the clients who ended up retaining and paying DEL VALLE were assigned free, court-appointed counsel.  Nevertheless, FIGUEROA encouraged those individuals to change counsel, including by vouching for DEL VALLE’s abilities as a lawyer.

FIGUEROA and DEL VALLE were also charged with making false statements to law enforcement during the investigation. In November 2022, federal law enforcement agents separately interviewed both FIGUEROA and DEL VALLE.  After advising each that lying to federal law enforcement agents is a federal crime, FIGUEROA and DEL VALLE each made materially false, fictitious, and fraudulent statements and representations in response to the agents’ questions.  In particular, FIGUEROA denied making any referrals to DEL VALLE except on a small number of occasions concerning close relations or friends. He further denied ever having received payments from DEL VALLE for referrals.  DEL VALLE, upon being served with a federal grand jury subpoena requiring the production of records from his law firm, falsely denied having any records reflecting client referrals from or payments to FIGUEROA or anyone else.

DEL VALLE pled guilty to all charges on November 16, 2023, and is scheduled to be sentenced by Judge D’Agostino on March 12, 2024.

FIGUEROA, 66, of New York, New York, was convicted of one count of conspiracy to bribe a federal employee and pay illegal compensation to a judicial employee, which carries a maximum potential sentence of five years in prison; one count of federal employee bribery, which carries a maximum potential sentence of 15 years in prison; one count of receiving illegal compensation as a judicial employee, which carries a maximum potential sentence of five years in prison; and one count of making material false statements, which carries a maximum potential sentence of five years in prison.

DEL VALLE, 65, of Leonia, New Jersey, was convicted of one count of conspiracy to bribe a federal employee and pay illegal compensation to a judicial employee, which carries a maximum potential sentence of five years in prison; one count of federal employee bribery, which carries a maximum potential sentence of 15 years in prison; one count of paying illegal compensation to a judicial employee, which carries a maximum potential sentence of five years in prison; and one count of making material false statements, which carries a maximum potential sentence of five years in prison.

The 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 outstanding investigative work of the Special Agents from the U.S. Attorney’s Office for the Southern District of New York.

Attorney General James’ Office of Special Investigation Releases Report on Death of Malick Williams

 

New York Attorney General Letitia James’ Office of Special Investigation (OSI) released its report on the death of Malick Williams, who died on July 9, 2022 in Brooklyn. Following a thorough investigation, which included review of body-worn camera (BWC) footage, civilian cellphone video, interviews with involved officers and other witnesses, and evidence from the scene, OSI concluded that a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the New York City Police Department (NYPD) officer who shot Mr. Williams was justified. 

On the evening of July 9, three NYPD officers were patrolling in Brooklyn, when they spotted a vehicle that failed to signal a turn and directed the driver to pull over. After the car pulled over at the intersection of Nevins Street and Flatbush Avenue, the officers asked each of the four individuals inside to provide identification. When one of the occupants failed to provide valid identification, the officers ordered everyone out of the car. Mr. Williams then ran off, and an officer chased after him on foot.  

The pursuit ended on Lafayette Avenue when Mr. Williams turned around and fired a gun at the officer. The officer then fell to the ground and fired his weapon in response, striking Mr. Williams. Additional responding officers then performed first aid until EMS arrived and took Mr. Williams to a local hospital, where he was pronounced dead. Officers recovered a gun at the scene.

Under New York’s justification law, a person may use deadly physical force to defend against the imminent use of deadly physical force by another person. When the defense of justification is raised at trial, the prosecution must disprove justification beyond a reasonable doubt. In this case, Mr. Williams fired his gun at an officer while on a public sidewalk among other people, putting multiple civilians in danger. Under these circumstances, based on the law and the evidence, a prosecutor would not be able to disprove beyond a reasonable doubt that the officer who fired was justified, and OSI determined that criminal charges could not be pursued in this matter.

Governor Hochul Signs Angelica’s Law, Protecting New Yorkers From Dangerous, Reckless Motorists

 Legislation Expands the Offense of First Degree Aggravated Unlicensed Operation of a Motor Vehicle

Legislation Named In Honor Of Long Island’s Angelica Nappi, Who Was Killed in 2008 by an Unlicensed Driver with Multiple Prior Suspensions

Governor Kathy Hochul signed legislation S.4671/A.3983, Angelica’s Law, which protects New Yorkers from reckless or dangerous driving. The law decreases the number of prior license suspensions needed to qualify for aggravated unlicensed operation of a motor vehicle in the first degree, a class E felony. Governor Hochul signed the legislation at the Department of Motor Vehicles’ Garden City location, joined by the family of Angelica Nappi who lost her life after being killed by a driver with multiple prior suspensions.

“Public safety is my top priority, and I’m committed to doing everything possible to keep New Yorkers safe,” Governor Hochul said. “After Angelica Nappi tragically lost her life more than a decade ago, her family have channeled their pain into purpose to push for this legislation. I’m honored to stand with Angelica’s family as we sign this law and make our roads safer for all.”

Angelica Nappi of Holbrook was just 14 in 2008 when she was struck and killed by a driver who did not have a valid license and who had more than five previous driver’s license suspensions. Angelica’s Law will help to keep drivers with prior suspensions off of the road by applying a felony to recidivist drivers who operate vehicles without a valid license after having committed five or more moving violations resulting in prior suspensions or revocations.

Angelica's Law builds on Governor Hochul's commitment to making New York's roads safer by cracking down on dangerous drivers. In September, in response to the Governor's 2023 State of the State message, the Department of Motor Vehicles proposed regulatory changes to bolster its ability to remove drivers who engage in risky behavior from roadways and to make it more difficult for persistent violators to get back their driving privileges.