Eight Members Of Bronx Gangs “Sev Side” And “Third Side” Charged With Murder, Racketeering, And Related Violent Offenses

 

 Damian Williams, the United States Attorney for the Southern District of New York, and Keechant L. Sewell, Commissioner of the New York City Police Department (“NYPD”), announced the unsealing today of an Indictment charging KEVIN PEREZ, a/k/a “Kay Flock,” a/k/a “Kay,” a/k/a “KK,” DEVON MASON, a/k/a “BJ,” ERVIN BEAMON, a/k/a “EJ,” NICHOLAS JOHNSON, a/k/a “Nick,” SEAN SMITH, a/k/a “Sticky,” and JOSSI CASTRO, a/k/a “Jesse,” with racketeering conspiracy and other crimes related to their membership in “Sev Side,” or “DOA,” a street gang based in the Bronx, New York.  On January 26, 2023, a Superseding Indictment was unsealed charging ISZAYAH ROWSON, a/k/a “Zay Munna,” a/k/a “Zay,” and MICHAEL GANT, a/k/a “AP,” with racketeering conspiracy and other crimes related to their membership in “Third Side,” a street gang also based in the Bronx, New York, that was closely affiliated with Sev Side.  PEREZ was also charged with the gang-related murder of Hwascar Hernandez, who was shot to death on December 16, 2021, in the Hamilton Heights section of Upper Manhattan.  PEREZ, MASON, BEAMON, JOHNSON, ROWSON, and GANT were further charged with multiple other violent crimes in connection with the Sev Side and Third Side gangs, including attempted murder and assault with a dangerous weapon arising from seven shootings committed in the Bronx between June 2020 and February 2022.  The Sev Side Indictment is assigned to United States District Judge Lewis J. Liman.  The Third Side Indictment is assigned to United States District Judge Paul A. Engelmayer.

ROWSON and GANT are currently in federal custody in connection with the charges contained in the Third Side Superseding Indictment.  MASON, JOHNSON, and CASTRO were arrested this morning in the Bronx and are expected to be presented later today before Magistrate Judge Valerie Figueredo.  PEREZ, who was in state custody, has been transferred to federal custody and is also expected to be presented later today.  SMITH and BEAMON are fugitives.

U.S. Attorney Damian Williams said: “Over a span of several years, the members of these gangs allegedly terrorized neighborhoods in the Bronx and Manhattan by killing and shooting other people.  Through these charges, we will hold Sev Side and Third Side members responsible for plaguing our communities with gun violence.”

NYPD Commissioner Keechant L. Sewell said: “The deadly nexus of gangs and illegal guns in New York City is a grave threat to public safety in our city.  Combatting this crisis is the NYPD’s top priority, and today’s indictments are another step toward ridding our streets of violence and fear.  I want to thank the U.S. Attorney’s Office for the Southern District of New York and everyone else involved with this case who worked to make our city safer for all the people we serve.”

According to the allegations in the Sev Side Indictment and the Third Side Superseding Indictment and statements previously made on the record in this case and related matters:[1]

From at least 2019 to 2022, members of Sev Side and Third Side, two street gangs based in the 48th Precinct in the Bronx, New York, aligned with one another to terrorize their own and surrounding neighborhoods by committing indiscriminate shootings against members of rival street gangs.  Members of the gangs also promoted the gangs and gun violence on social media and through music they created and promoted, which referenced real acts of violence. 

For years, Sev Side and Third Side engaged in disputes with rival crews in the Bronx and in Manhattan, which resulted in numerous acts of violence, including the following:

• PEREZ murdered Hwascar Hernandez in broad daylight in Manhattan on December 16, 2021;
• PEREZ, GANT, and ROWSON shot at rival gang members on June 20, 2020;
• JOHNSON shot at a rival gang member on June 26, 2020;
• GANT shot at rival gang members on July 7, 2020;
• GANT shot at rival gang members on July 16, 2020;
• ROWSON shot at a rival gang member on December 13, 2020;
• PEREZ, MASON, and BEAMON shot at rival gang members on November 10, 2021; and
• MASON shot at a rival gang member and hit an innocent bystander on February 10, 2022.

A chart containing the names of the defendants who were charged today and on January 26, 2023, and the charges and minimum and maximum penalties they face is attached.  All of the defendants are residents of the Bronx, New York. 

The statutory minimum and maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants would be determined by a judge.

Mr. Williams praised the outstanding investigative work of the NYPD and thanked the New York County District Attorney’s Office and the Bronx County District Attorney’s Office for their assistance.

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

Defendant	Age	Charges	Minimum and Maximum Penalties
KEVIN PEREZ	19	Racketeering Conspiracy, Murder in Aid of Racketeering, Use of a Firearm Resulting in Death, Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering, Use of a Firearm for Attempted Murder and Assault with a Dangerous Weapon	Mandatory life in prison or death
DEVON MASON	24	Racketeering Conspiracy, Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering, Use of a Firearm for Attempted Murder and Assault with a Dangerous Weapon, Possession of a Firearm with Defaced Serial Number	Maximum of life in prison; mandatory minimum 20 years to run consecutive to any other sentence
ERVIN BEAMON	23	Racketeering Conspiracy, Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering, Use of a Firearm for Attempted Murder and Assault with a Dangerous Weapon	Maximum of life in prison; mandatory minimum 10 years to run consecutive to any other sentence
NICHOLAS JOHNSON	21	Racketeering Conspiracy, Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering, Use of a Firearm for Attempted Murder and Assault with a Dangerous Weapon	Maximum of life in prison; mandatory minimum 10 years to run consecutive to any other sentence
SEAN SMITH	32	Racketeering Conspiracy, Possession of a Firearm After a Felony Conviction	Maximum of 30 years in prison
JOSSI CASTRO	25	Racketeering Conspiracy	Maximum of 20 years in prison
ISZAYAH ROWSON	22	Racketeering Conspiracy, Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering, Use of a Firearm for Attempted Murder and Assault with a Dangerous Weapon; Transportation and Receipt of a Firearm While Under Felony Indictment	Maximum of life in prison; mandatory minimum 20 years to run consecutive to any other sentence
MICHAEL GANT	21	Racketeering Conspiracy, Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering, Use of a Firearm for Attempted Murder and Assault with a Dangerous Weapon	Maximum of life in prison; mandatory minimum 20 years to run consecutive to any other sentence

 

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

Governor Hochul Announces State Landmarks to be Illuminated Blue and Yellow to Mark One-Year Anniversary of Russian Invasion of Ukraine

 

13 State Landmarks to be Lit the Evening of Friday, February 24

Directs Ukrainian Flag to be Flown Over the New York State Capitol Building

Governor Reaffirms New York State's Support for the People of Ukraine

 Governor Kathy Hochul today announced that New York State landmarks will be lit blue and yellow on February 24, to mark the one-year anniversary of the Russian invasion of Ukraine. The Governor also directed the Ukrainian flag to be flown over the New York State Capitol building in solidarity with the people of Ukraine.

"The State of New York stands with Ukraine and is proud to have the largest Ukrainian community in the United States," Governor Hochul said. "Our prayers go out to the victims of this unjust war, and tomorrow we will raise the Ukrainian flag and illuminate State landmarks to showcase New York's support for Ukraine on the one-year anniversary of the Russian invasion."

The landmarks to be lit to mark the one-year anniversary of the Russian invasion of Ukraine include:

• Governor Mario M. Cuomo Bridge
• Kosciuszko Bridge
• The H. Carl McCall SUNY Building
• State Education Building
• Alfred E. Smith State Office Building
• Empire State Plaza
• State Fairgrounds - Main Gate & Expo Center
• Niagara Falls
• The "Franklin D. Roosevelt" Mid-Hudson Bridge
• Albany International Airport Gateway
• MTA LIRR - East End Gateway at Penn Station
• Fairport Lift Bridge over the Erie Canal
• Moynihan Train Hall

In early March 2022, Governor Hochul announced actions to strengthen the Department of Financial Services' enforcement of sanctions against Russia, including the expedited procurement of additional blockchain analytics technology. Last year, the Governor also launched a website with resources for Ukrainians and how New Yorkers can help.

More information regarding the actions State agencies have taken to stand in solidarity with the people of Ukraine can be found below:

Office of New Americans (ONA)

• ONA connects Ukrainian immigrants with professional pathways for job training and work opportunities through the Professional Pathways Program:
  • ONA's Professional Pathways Program provides high-skilled immigrants with professional training and job coaching to help new Americans find jobs that match their skills and experience. According to Upwardly Global, ONA's Professional Pathways for High-Skilled Immigrants program's lead agency, eight Ukrainian job seekers enrolled in this pilot program in 2022 and have received professional training and job coaching. Three of the participants are now alumni of the program and have secured jobs within their fields --two of these job seekers gained employment in the HR field (one as a Recruiter, and one as a HR Assistant) and the third in the legal field as a Bilingual Legal Assistant.
  • Last week, Governor Hochul announced the expansion of the Professional Pathways Program to provide a total of $4.38 million in state-funded grants to community-based providers over three years.
• The ONA Hotline has assisted hundreds with inquiries on Ukraine-related immigration-related matters:
  • Number of calls received on the ONA Hotline for Ukraine-related inquiries: 602
  • Number of immigration-related service referrals made (note: multiple referrals may result from one call): 767
  • Number of individuals provided with information: 239

Office of Temporary and Disability Assistance (OTDA)

• In November, Governor Hochul announced that more than $21.4 million awarded to help Ukrainians who have fled their country as a result of Russia's military invasion to temporarily resettle in New York State. The funding will be utilized by 17 refugee services providers around the state to assist displaced Ukrainians now living in New York. An estimated 75,000 people have come to the U.S. from Ukraine since Russians launched their attack including approximately 14,000 in New York through the federal government's Uniting for Ukraine program.
• 28,000 New York residents, more than any other state, have volunteered to sponsor an individual.

Department of Financial Services (DFS):

To protect U.S. national security and consumers, DFS previously issued guidance within 24 hours of Russia's invasion of Ukraine, reiterating that regulated entities must fully comply with U.S. sanctions on Russia, as well as New York State and federal laws and regulations, including Department cybersecurity and virtual currency regulations. DFS also took action to strengthen the Department's enforcement of sanctions against Russia, including the expedited procurement of additional blockchain analytics technology. These tools have bolstered DFS's ability to detect exposure among DFS-licensed virtual currency businesses to Russian individuals, banks, and other entities that the Biden Administration has sanctioned.

Congressman Jamaal Bowman Outraged by Biden Administration’s Asylum Decision

 

Yesterday, the Biden Administration announced an excessive ban on who can request asylum at the United States’ border. Congressman Jamaal Bowman, Ed.D (NY-16) released the following statement in response:

 

“I am deeply outraged by the Biden Administration’s proposed ban on asylum seekers. The purpose of domestic and international asylum law is to provide safety to migrants fleeing dangerous and inhumane situations. By barring migrants from seeking asylum in the U.S. if they have not sought asylum in other countries they have passed through, the Biden Administration would reverse the United States’ long-standing policy protections for individuals escaping human rights violations. Our immigration policies already fall short in supporting asylum-seekers, but this ban would go further by attacking the very bedrock of our most basic commitment to asylum. By almost imitating a Trump-era asylum ban the Biden Administration is attempting to implement an extreme immigration policy that is not supported by U.S. law.  I’m standing with our powerful immigrant communities and resolutely opposing this ban. Let us right the wrongs of history and not cower to lies about immigration. We must help those who need it the most.”

DEC ADVISES BACKCOUNTRY DOWNHILL SKIERS, SNOWBOARDERS, AND OUTDOOR ADVENTURERS OF AVALANCHE RISK IN ADIRONDACK HIGH PEAKS REGION

 

The New York State Department of Environmental Conservation (DEC) today advised backcountry downhill skiers, snowboarders, and all outdoor adventurers who may traverse slides or steep, open terrain in the High Peaks region of the Adirondacks to be aware of and prepared for avalanche conditions. 

“After several spring-like days, the return of winter weather is exciting for skiers, snowboarders, and other winter recreationists,” said DEC Commissioner Basil Seggos. “But with that change in weather comes some serious risks, including that of avalanches in our High Peaks region. For the safety of backcountry visitors and our Forest Rangers, it’s important that winter sport enthusiasts take these conditions seriously and come prepared with the knowledge and equipment needed to enjoy the snow safely.” 

Avalanche danger increases during and immediately after major snowfalls and during thaws. Following a period of warmer weather that brought significant melting and settling of snow, a winter storm is expected to bring several inches of fresh snow to the High Peaks region Wednesday night into Thursday, with new accumulations close to a foot possible in some places. Snow may be deeper on leeward slopes or areas of snow deposits, such as gullies. As snow accumulates over time it develops distinct layers formed by rain and melt/freeze cycles. When new snow falls onto previous snowpack, it adds weight and downward pressure. Lower snow layers may be reactive to the added stresses of recent snows, creating conditions conducive to avalanches. 

Avalanches can occur in any situation where snow, slope, and weather combine to create the proper conditions. While the majority of steep, open terrain is found in the High Peaks region of the Adirondacks, avalanche-prone terrain is found on mountains throughout the Adirondacks, including Snowy Mountain in Hamilton County. Avalanche activity has already been observed in the Adirondacks this season. Forecast weather will exacerbate existing conditions, making them even more prone to sliding. 

DEC reminds backcountry winter recreationists to take the following precautions when traveling in avalanche-prone terrain: 

• Ensure all members of the group know basic avalanche rescue techniques; 
  
• Cross-country skiers and snowshoers should stay on trails and away from steep slopes on summits; 
• Know the terrain, weather, and snow conditions; 
• Dig multiple snow pits to conduct stability tests. Do not rely on other people's data; 
• Practice safe route finding and safe travel techniques; 
• Never ski, board, or climb with someone above or below you–never expose more than one person at a time to avalanche prone slopes; 
• Ski and ride near trees, not in the center of slides or other open areas; 
• Always carry a shovel, probes, and transceiver with fresh batteries; 
• Never travel alone; and 
• Always inform someone about where you are going and when you expect to return home. 

If you are planning a trip to avalanche-prone territory, research the route ahead of time and contact a local DEC Forest Ranger for specific safety and conditions information, or contact a local guide. To contact a Forest Ranger for information about a specific location, the DEC website has phone numbers for every Ranger listed by region: http://on.ny.gov/NYSForestRangerRoster. 

Skiers and snowboarders should assess their own experience level before going into the backcountry and should be equipped with avalanche safety tools and knowledge, such as participation in an avalanche safety course. Backcountry rescues take time. Recreators should be prepared with the skills and equipment required for self-rescue. If unsure about conditions, stick to designated trails within the trees or pursue an alternate plan. 

Additional information on avalanche danger, preparedness, and safety precautions is available on the DEC website.