Bronx District Attorney Darcel Clark - Cases of Interest for the Week of August 12, 2019

Monday, August 12, 2019
ADA,/JUDGE/PART#/STATUS Purce, E. -- SCA Appearance	Dezmen Bias	Charged with second-degree Murder and additional charges. The defendant, along with several other defendants, beat and stabbed a man, Dwane Porter, in his apartment on June 19, 2019.
ADA,/JUDGE/PART#/STATUS Chornobil, Y. Hornstein 96 Decision	Miriahm Palmoa	Charged with Attempted Assault in the first degree, second-degree Assault and additional charges. The defendant allegedly stabbed the mother of the children she was babysitting on April 22, 2019.
Tuesday, August 13, 2019
ADA,/JUDGE/PART#/STATUS Dolan, M. McCarty TRP Conference	Daniel Rice	Charged with second-degree Murder and related charges for the death of Kevin Thomas on October 23, 2016.
ADA,/JUDGE/PART#/STATUS Mendys, L. Hornstein 96 Conference	Daquan Wheeler	Charged with second-degree Murder and additional charges in connection with the murder and dismemberment of a Bronx woman.
ADA,/JUDGE/PART#/STATUS Miras, J. Michael 77 Appearance	Michael Parko	Charged with first-degree Manslaughter and Assault charges. The defendant allegedly stabbed his 19-year-old brother to death on October 19, 2018.
Wednesday, August 14, 2019
ADA,/JUDGE/PART#/STATUS Purce, E. -- SCA Appearance	Charles Allen	Charged with second-degree Murder and additional charges. The defendant, along with several other defendants, beat and stabbed a man, Dwane Porter, in his apartment on June 19, 2019.
ADA,/JUDGE/PART#/STATUS Smith, J. McCarty TRP Appearance	Dennis Castellar	Charged with first-degree Attempted Murder for allegedly dragging an NYPD officer for several blocks at high speed with his ATV.
ADA,/JUDGE/PART#/STATUS Borko, N. Hornstein 96 Appearance	Justin Smith	Charged with second-degree Murder and additional charges. The defendant allegedly shot Edwin Cabrera on August 3, 2018, causing his death.
ADA,/JUDGE/PART#/STATUS Rosenfeld, P. McCarty TRP Appearance	Rafael Gonzalez	Charged with second-degree Murder in the death of Adam Garcia. The incident happened in January 2016 in a McDonald’s parking lot.
ADA,/JUDGE/PART#/STATUS Miller, K. Hornstein 96 Sentencing	Artemio Rosa	Pleaded guilty to first-degree Strangulation in the death of a Rikers Island inmate. The incident happened on July 9, 2018.
ADA,/JUDGE/PART#/STATUS Purce, E. -- FA Appearance	Rocky Pena Baez	Charged with Murder, Manslaughter, Gang Assault and additional charges. The defendant, in concert with unapprehended individuals, beat a man with baseball bats on November 11, 2018. The victim, Kiro Carter, died in June 2019 due to injuries that he sustained during the incident.
ADA,/JUDGE/PART#/STATUS Borko, N. Michael 77 Appearance	Zaire Hebron	Charged with second-degree Murder and additional charges. The defendant allegedly fired multiple shots at a person in a Bronx park on June 24, 2018.
Thursday, August 15, 2019
ADA,/JUDGE/PART#/STATUS Suminski, G. Michael 77 Defense Report	Jose Gonzalez	Charged with Murder, Manslaughter and Robbery for fatally running over FDNY EMT Yadira Arroyo while attempting to take off with her ambulance in March 2017.
Friday, August 16, 2019
NO	CASES OF INTEREST

Please note: All court proceedings are scheduled for after 9:30 a.m. at 265 East 161st Street, the Hall of Justice, Bronx Supreme Court unless otherwise specified.

Attorney General James Leads Fight Against Trump's Dirty Power Rule

  Attorney General Letitia James, leading a coalition of 22 states and 7 local governments, today announced a lawsuit against the Trump Administration’s Environmental Protection Agency (EPA) over its “Affordable Clean Energy” (ACE) – aka “Dirty Power” – rule. The ACE rule replaced the Clean Power Plan, the first-ever nationwide limits on one of the largest sources of climate change pollution – existing fossil-fueled power plants. The EPA’s rule rolls-back these limits and will have virtually no impact on these emissions, prolonging the nation’s reliance on polluting, expensive coal power plants and obstructing progress of states toward clean, renewable, and affordable electricity generation.  

“The science is indisputable; our climate is changing. Ice caps are melting. Sea levels are rising. Weather is becoming more and more extreme,” said Attorney General Letitia James. “Without significant course correction, we are careening towards a climate disaster. Rather than staying the course with policies aimed at fixing the problem and protecting people’s health, safety, and the environment, the Trump Administration repealed the Clean Power Plan and replaced it with this ‘Dirty Power’ rule. My office, and this groundbreaking coalition of states and cities from across the nation, will fight back against this unlawful, do-nothing rule in order to protect our future from catastrophic climate change.”   

Besides ignoring the science of climate change – the text of the ACE rule barely mentions climate change, much less recognizes the dire threat it poses to people’s health, the economy, and the environment – the rule disregards requirements of the federal Clean Air Act. The Clean Air Act requires that limits on air pollutants, such as greenhouse gases, must be based on the emissions reductions achievable through the “best system of emission reduction.” However, in the “Dirty Power” rule, EPA has ruled out as such a “best system” the most cost-effective, proven, and successful approach to controlling greenhouse gas emissions: shifting from coal-fueled generation to less carbon-intensive generation.    

Unlike the Clean Power Plan, which was modeled after successful state programs that require cleaner energy generation, the ACE rule turns a blind eye to these programs.  For example, the 10-state (New York, Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, Rhode Island, and Vermont) Regional Greenhouse Gas Initiative (RGGI), a market-based cap-and-trade program, has proven to be an effective, cost-efficient model for reducing power plant emissions of climate change pollution. Power plants in the participating RGGI states have cut their emissions by more than 50 percent, and between 2015 and 2017, these states saw $1.4 billion of net positive economic activity and the creation of 14,500 new jobs – all while maintaining reliability of service and holding the line on electricity rates. 

In fact, the “Dirty Power” rule goes so far as to prohibit states from participating in cap-and-trade programs means of complying with the requirements of the Clean Air Act.  

Significantly, the “best system of emission reduction” used by the Trump EPA in the “Dirty Power” rule – equipment upgrades at coal power plants – will reduce emissions by only 0.7 percent more by 2030 than having no rule at all, according to EPA’s own analysis.  Further, EPA found that emissions of one or more of three pollutants – carbon dioxide (CO2), nitrogen oxides (NOx), and sulfur dioxide (SO2) – will increase in 18 states in 2030 compared to no “Dirty Power” rule.   

The differences in benefits provided by the Clean Power Plan compared to the Trump “Dirty Power” rule are substantial, as reflected in the table below using the agency’s own calculations when it finalized the two rules: 

	“Dirty Power” Rule  (ACE Rule)	Clean Power Plan
Pollutant Reductions by 2030
CO2 (million tons)	11  (0.7%)	415  (19%)
SO2 (thousand tons)	5.7  (0.6%)	318  (24%)
NOx (thousand tons)	7.1  (0.9%)	282  (22%)
Benefits by 2030 ($ millions)*	570-1,300	34,000-54,000
Costs by 2030 ($ millions)*	280	8,400
Net Benefits by 2030   ($ millions)*	300-1,000	26,000-45,000

* 3% Discount Rate; ACE rule in 2016 dollars and Clean Power Plan in 2011 dollars. 

Sources: Regulatory Impact Analysis for the Repeal of the Clean Power Plan, and the Emission Guidelines for Greenhouse Gas Emissions from Existing Electric Utility Generating Units, EPA-452/R-19-003 (June 2019); Regulatory Impact Analysis for the Clean Power Plan Final Rule, EPA-452/R-15-003 (August 2015). 

The implications of the “Dirty Power” rule’s failure to achieve virtually any reductions in power plant emissions are extensive. The International Energy Agency estimates that climate change pollution from the U.S. power sector must be reduced by 74 percent by 2030 below 2005 levels for the U.S. to be able to achieve the goal of limiting worldwide temperature increase to less than 2 degrees Celsius. By the EPA’s own estimates, the “Dirty Power” rule falls woefully short of hitting this target with a projected reduction of only 35 percent from 2005 levels. Of that, only roughly one percent is attributable to the impact of the “Dirty Power” rule and 34 percent attributable to market factors.    

The New York Attorney General’s Office has worked since 2003 to limit carbon pollution from fossil-fueled power plants.  This work has included filing a challenge against EPA in 2006 for failing to set emission limits on these power plants, suing the largest power plant companies in 2004 under the law of public nuisance, and leading a coalition of states and municipalities in defending the Clean Power Plan in court. Most recently, the New York Attorney General’s Office led a coalition of states, counties, and cities in filing comments in opposition to the Trump EPA’s proposed repeal of the Clean Power Plan, and to the proposed replacement of the Plan. 

Joining Attorney General James in today’s suit – filed in the US Court of Appeals for the District of Columbia Circuit – are the Attorneys General of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, Wisconsin, and the District of Columbia, and the chief legal officers of Boulder, Chicago, Los Angeles, New York City, Philadelphia, and South Miami. 

Congressman Adriano Espaillat Opens New Bronx District Office

  Congressman Adriano Espaillat and Assemblyman Jeffrey Dinowitz are old friends from when the congressman was in the state senate covering the area where Assemblyman Dinowitz's office is located at. As a congressman that still holds true as Congressman Espaillat's district in the Bronx goes from Fordham Road to Van Cortlandt Park which includes Assemblyman Dinowitz's office. 

  Because of building renovations that have closed Congressman Espaillat's office on Fordham Road he needed a new office.  Congressman Espaillat said that while his office oo the Grand Concourse was a site at the southern portion of the district he is now in the northern part of his Bronx district, which can be accessible by the #1 subway or #7, 10, or 20 buses. This move will be for as long as the renovations on the landmarked building on the Concourse takes. The new office is located at 3107 Kingsbridge Avenue off West 231st. Street, and is opened five days a week 10 AM to 4 PM.

Above - Congressman Espaillat will have Max Gomez (R), and Orlando Cespedes (L) covering the new Bronx office.

Below - They are joined by Congressman Espaillat's Chief of Staff (R) Aneiry Batista, and Assemblyman Dinowitz's Chief of Staff (L) Randi Martos.

Statement From Attorney General James On Intent To Sue Trump Administration Over Public Charge Rule

  New York Attorney General Letitia James today released the following statement in response to the Trump Administration’s announced change to the “Public Charge Rule,” which will expand the types of public benefits that would make an immigrant ineligible for citizenship: 

“President Trump’s new public charge rule is yet one more example of his Administration turning its back on people fighting to make a better life for them and their families. Under this rule, children will go hungry; families will go without medical care. I am committed to defending all of New York’s communities, which is why I intend to sue the Trump Administration over this egregious rule.” 

Statement by Speaker Corey Johnson on Trump Administration’s New Public Charge Rule

  “The new public charge rule approved by the Trump Administration is yet another hateful and destructive policy proposal to attack immigrants, and it clearly goes against our City’s policies with regard to healthcare, housing, and nutrition. It will disproportionately impact low-income communities, particularly communities of color, forcing families to make the difficult decision to leave medical, food, or housing supports for fear of exacerbating immigration consequences. This is inhumane. In fact, since the rule was first leaked, we have already seen a drop in public benefits enrollment programs due to fear. This rule will be exceedingly detrimental to the City’s public health, decreasing access to healthcare, while simultaneously increasing poverty, homelessness, and hunger. It will also harm our local, state, and national economies. While there was overwhelming public outcry against this cruel proposal, the Trump Administration is moving forward with it, regardless of the severe consequences. The City remains committed to standing with our immigrant communities and fighting back against the effects of this rule.”

Governor Cuomo Signs Legislation Enacting Sweeping New Workplace Harassment Protections

Eliminates Restriction that Harassment be "Severe or Pervasive" in Order for it to Be Legally Actionable

Mandates That All Employment Contract NDAs Include Language Allowing Employees to File a Complaint of Harassment or Discrimination

Extends Statute of Limitations for Employment Sexual Harassment Claims Filed from One Year to Three Years

Key Component of the Governor's 2019 Women's Justice Agenda

  Governor Andrew M. Cuomo today signed legislation (S.6577/A.8421) to enact sweeping new workplace harassment protections, fulfilling a key component of Governor Cuomo's 2019 Women's Justice Agenda. This legislation strengthens New York's anti-discrimination laws to ensure employees can seek justice and perpetrators will be held accountable by eliminating the restriction that harassment be "severe or pervasive" in order to be legally actionable; mandating that all non-disclosure agreements allow employees to file a complaint of harassment or discrimination; and extending the statute of limitations for employment sexual harassment claims filed from one year to three years.

"There has been an ongoing, persistent culture of sexual harassment, assault and discrimination in the workplace, and now it is time to act," Governor Cuomo said. "By ending the absurd legal standard that sexual harassment in the workplace needs to be 'severe or pervasive' and making it easier for workplace sexual harassment claims to be brought forward, we are sending a strong message that time is up on sexual harassment in the workplace and setting the standard of equality for women."

"We must continue to change our culture and ensure women are protected from sexual assault and harassment," said Lieutenant Governor Kathy Hochul. "These reforms build on New York's nation-leading efforts to combat sexual harassment and make sure survivors have the tools and support they need to seek justice and hold abusers accountable. This legislation is another step in advancing women's rights and achieving full equality once and for all."

To further protect workers and hold abusers accountable, this legislation:

• Lowers the high bar set for employees to hold employers accountable for sexual harassment by amending under the New York Human Rights Law to make clear that conduct need not be  "severe or pervasive" to constitute actionable conduct;
• Protects employees' rights to pursue complaints by mandating that all non-disclosure agreements in employment contracts include language stating that employees may still file a complaint of harassment or discrimination with a state or local agency and testify or participate in a government investigation;
• Extends the statute of limitations for employment sexual harassment claims filed with the Division of Human Rights from one year to three years;
• Requires employers to provide their employees with notice about the employer's sexual harassment prevention policy in English as well as the employee's primary language;
• Expands the coverage of the Human Rights Law to all employers in the state;
• Extends protections against all forms of discrimination in the workplace to all contractors, subcontractors, vendors, consultants, or others providing services; and against all forms of discriminatory harassment to domestic workers;
• Requires courts to interpret the Human Rights Law liberally regardless of the federal rollback of rights;
• Prohibits mandatory arbitration to resolve cases of discrimination and harassment in the workplace;
• Updates the power of the Attorney General to enforce the Human Rights Law; and
• Requires a study on how best to build on recent sexual harassment prevention laws to combat all types of discrimination in the workplace and a review of sexual harassment policies every four years.

Senator Alessandra Biaggi said, "In 2018 a group of former legislative staffers came forward to demand justice for the years of sexual harassment they endured at the hands of powerful lawmakers and state agencies - today we are taking that power and putting it in the hands of survivors and working people of New York. With the signing of this legislation, employers across all sectors will be held accountable for addressing all forms of sexual harassment and discrimination in the workplace, and survivors will be given the necessary time to report complaints and seek the justice they deserve. It has been such an honor to carry this bill and I am incredibly appreciative of Senate Majority Leader Andrea Stewart-Cousins and Governor Andrew M. Cuomo for their commitment to addressing this issue with open hearts and minds. Today New York stands as a beacon of hope for survivors across the country as we usher a movement into law, and take one step forward towards building a harassment-free New York for all."

Assembly Member Aravella Simotas said, "Today marks the day that workers in NYS proudly claim their space without fear. Every single person has the right to a workplace free of sexual harassment and violence. It has been a long time coming, and I am proud that the foundation upon which sexual harassment has festered in our workplaces for generations has been demolished. By signing this package of guidelines to strengthen worker protections, we are strengthening New York's standard of ensuring equal opportunity for all. I thank Governor Cuomo, Senator Biaggi, and my partners in the Legislature for understanding the urgency of improving our workplaces and prioritizing these reforms."

The Governor first proposed these sweeping reforms as part of the 2019 Women's Justice Agenda; he proposed it again in the FY 2020 Executive Budget. The initiative was not adopted by the legislature, and with 11 days remaining in the legislative session, the Governor launched the Women's Justice Agenda: The Time Is Now campaign urging the legislature to end the requirement that harassment be severe or pervasive, as well as take other actions before the end of session.

New York is a national leader in the fight against sexual harassment and last year Governor Cuomo signed into law the nation's most comprehensive sexual harassment package as part of the FY 2019 budget. That package expanded workplace harassment protections in the State's Human Rights Law to include contractors, subcontractors, vendors, consultants, or others providing services in the workplace; required employers to adopt a sexual harassment prevention policy and training; and mandated that as of January 2019 all State contractors must submit an affirmation that they have a sexual harassment policy and that they provide annual training to all of their employees.  This legislation builds upon that package and provides even greater protections against workplace harassment.

18TH ANNUAL MORRISON AVENUE FESTIVAL

The Hispanic Federation together with New York City Councilman Rubén Díaz, Assemblyman Marcos Crespo, Councilman Rafael Salamanca and Community Leader George Alvarez invite the community to the seventeenth (18th) Anniversary of the Morrison Festival in Bronx County.

This Saturday, August 17th, more than five thousand (5,000) people are expected during the annual Morrison Avenue Festival, beginning at 12 noon to 6 pm, between Westchester and Watson Avenue in Bronx County.

For the past 18 years, the Morrison Avenue Festival has been a day of fun, free games, free rides for children/families, and entertainment. This year’s main entertainment will be Puerto Rico’s own “ISMAEL MIRANDA”, among others.

At 3 pm, honored guests, dignitaries, and elected officials will address the public.

I look forward to another successful Morrison Avenue Festival, and to seeing our Bronx families and children enjoy this very special event.

Transportation: Train #6, Buses #4 & 27 to Morrison Avenue Station.

For more information, please contact Leila Martinez at 718-792-1140.