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Friday, August 19, 2022
Attorney General James’ Office of Special Investigation Releases Report on Death of Timothy Flowers
New York Attorney General Letitia James’ Office of Special Investigation (OSI) today released its report on the death of Timothy Flowers of Rochester. Following a thorough and comprehensive investigation, including interviews with police officers and civilian witnesses and close review of radio transmissions, ballistics testing, crime scene evidence, photographs, and footage from body worn cameras (BWCs), OSI concluded that the evidence does not establish beyond a reasonable doubt that the shooting of Mr. Flowers by a member of the Rochester Police Department (RPD) was a crime. While the available evidence clearly showed what happened, OSI recommends that RPD equip its Special Weapons and Tactics (SWAT) Team officers with BWCs moving forward.
Fingerprints, eyewitnesses, and substantial other evidence established that Mr. Flowers was the probable shooter in three separate shooting incidents that injured others in Rochester on May 3, 6, and 10, 2021. The RPD prepared a “wanted package” for Mr. Flowers’ arrest on charges of Attempted Murder in the Second Degree, Assault in the First Degree, and Criminal Possession of a Weapon in the Second Degree. The RPD SWAT Team officers searched for and found Mr. Flowers on June 4, 2021 after identifying a safe opportunity to apprehend him without endangering civilians. When Mr. Flowers saw the officers approaching him in a Rochester parking lot, he ran. Two officers followed him on foot to a residential neighborhood, where Mr. Flowers hid behind a house and fired at one of the officers, who fired back. Upon hearing gunfire, a second officer approached Mr. Flowers from the other side of the house. When Mr. Flowers turned toward the second officer, ignored orders to drop his gun and took aim, the second officer fired at Mr. Flowers. Mr. Flowers died from his injuries.
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. When the defense of justification is raised at trial, a prosecutor has the burden to disprove it beyond a reasonable doubt. In this case, Mr. Flowers had fired at one officer and was pointing his gun at the second officer when that officer fired. Both officers were aware that Mr. Flowers was suspected of shooting and wounding other individuals in three recent incidents. Based on the law and under these circumstances, OSI determined a prosecutor would not be able to disprove that the RPD officers’ actions were justified.
At the time of this incident in June 2021, RPD did not equip its SWAT Team officers with BWCs in an exception to its general policy (other officers involved in the incident did have BWCs). BWCs are critical to transparency, accountability, and safety. OSI recommends the department equip SWAT Teams with BWCs, unless a command-level exemption is obtained based on the needs of a particular case.
“My office upholds the highest standards of transparency and fairness in every investigation we undertake,” said Attorney General James. “After a thorough review of the facts of this incident, we concluded that officers were justified in their conduct in this case. In order to ensure continued transparency, it’s imperative that every law enforcement agency in New York is equipped with body-worn cameras, and we urge the Rochester Police Department to outfit every officer, including members of special teams, with this critical tool.”
Governor Hochul Announces More than $500 Million Awarded to New York State from Biden Administration to Support Small Businesses through the American Rescue Plan
Funding From U.S. Treasury Department's State Small Business Credit Initiative Will Support Businesses Recovering from Economic Impacts of COVID-19 Pandemic
Includes Funding for Minority and Women Owned Small Businesses
Governor Kathy Hochul today announced New York State has been awarded $501.5 million in federal funds through the State Small Business Credit Initiative, which was reauthorized and expanded as part of the American Rescue Plan Act. Managed by the U.S. Department of Treasury, SSBCI provides funds to support programs for small businesses, with emphasis on those still struggling from the economic impact of the COVID-19 pandemic, and helping traditionally disadvantaged small businesses succeed in the post pandemic economy.
"Small businesses are the backbone of our economy, and far too many small business owners are still feeling the economic toll of the pandemic," Governor Hochul said. "This historic funding will be a game changer - serving as a crucial lifeline for small businesses, fueling innovative growth, and helping uplift the most vulnerable communities across New York State. I thank President Biden, Secretary Yellen, Senator Schumer, Senator Gillibrand and Democrats in the New York Congressional delegation for their leadership on the American Rescue Plan and look forward to continuing to work together as we move the Empire State's economy forward."
Secretary of the Treasury Janet L. Yellen said, "This is an historic investment in entrepreneurship, small business growth, and innovation through the American Rescue Plan that will help reduce barriers to capital access for traditionally underserved communities. I'm excited to see how SSBCI funds will promote equitable economic growth in New York and across the country."
Empire State Development President, CEO and Commissioner Hope Knight said, "New York was among the hardest hit by the devastating effects of COVID-19, and many of our state's small businesses are still trying to recover. SSBCI funding will go a long way to help these businesses, particularly those who face historic disadvantages, like MWBEs. Through a mix of programs designed with businesses' needs in mind, ESD will ensure this critical support gets to those who deserve it most."
Through Empire State Development, New York State is establishing a suite of programs that will match federal support to the critical needs of the state's small businesses. This programming includes a mix of new initiatives and the expansion of existing programs, focusing on capital access, loan guarantees, loan participation programs, collateral support, venture capital for fund managers and start-ups, and technical assistance. Proposed programs include:
Capital Access Program:
- $29.4 Million Capital Access Program (Expansion of Existing Program) - These programs provide portfolio insurance to lenders that make loans to small businesses to incentivize the expansion of loaning to these entities.
Affordable Debt Programs:
- $106.1 Million Capital Loan Fund (New Program) - Provides long-term capital investments via debt instruments and credit structures. The eligible uses for these capital loans is highly flexible, with a focus on providing capital support to socially and economically disadvantaged businesses.
- $55.5 Million Small Business Revolving Loan Fund (Expansion of Existing Program) - This fund will address inequitable capital access, to address gaps facing new companies, underbanked communities, small businesses which are more likely to be minority-owned.
- $47 Million New York Forward Loan Fund (Expansion of Existing Program) - A loan program funded with investors pooled capital, to make flexible, low interest loans to small businesses and nonprofit organizations, through participating Community Development Financial Institution (CDFI) lenders.
- $22 Million Bonding Guarantee Program (Expansion of Existing Program) - Provides surety bonding to reduce risks associated with bonding for small businesses.
- $22 Million Contractor Financing Revolving Loan Fund (New Program) - Provides needed funding to contractors in need of matching dollars to secure federal, state, and local contracts.
Equitable Venture investments:
- $102 Million Emerging and Regional Partner Program Fund (New Program) - This program will support the growth and establishment of diverse, emerging, and regional private sector fund managers.
- $52 Million Community and Regional Partner Program Fund (New Program) - ESD will provide selected accelerators with funds that will be leveraged with private dollars to invest in New York State start-up companies.
- $30 Million Pre-seed and Seed Matching Fund Program (New Program) - ESD will work with angel groups and pre-seed investors across New York State to continue to support high growth start-up companies at the earliest stages of their growth and development.
- $35 Million New York State Innovation Venture Capital Fund (Expansion of Existing Program) - Since 2015, ESD has managed the New York Ventures fund, an investment program with more than 40 portfolio companies—65% of whom are founded or led by women and/or minorities. SSBCI funds would further capitalize this direct investment fund program.
Over the next 90 days, Empire State Development will be establishing additional program criteria and guidelines, with formal program-specific application processes announced in the Fall.
For more information, please visit esd.ny.gov/ssbci.
ADAMS ADMINISTRATION ANNOUNCES ‘PROJECT OPEN ARMS,’ COMPREHENSIVE SUPPORT PLAN TO MEET EDUCATIONAL NEEDS OF FAMILIES SEEKING ASYLUM
‘Project Open Arms’ Will Provide Wraparound Services for New Students Entering School System, Including Academic, Social-Emotional, and Language-Access Supports
Plan Includes Targeted Resources for Asylum-Seeking Families Currently Living in and out of City’s Shelter System
New York City Mayor Eric Adams, New York City Department of Education (DOE) Chancellor David C. Banks, Mayor’s Office of Immigrant Affairs Commissioner Manuel Castro, and New York City Department of Social Services (DSS) Commissioner Gary Jenkins today announced ‘Project Open Arms’ a comprehensive plan to support families seeking asylum and ensure children are provided a full range of services to start their New York City public education on the first day of school next month. This multi-agency plan highlights wraparound services to ensure asylum-seeking families and their children will have access to critical academic, social-emotional, and language-based supports needed to be successful in New York City public schools.
Under the plan, the city is prioritizing strong interagency collaboration to provide families with a broad range of resources. DOE has been working in close coordination with its agency partners, including MOIA and DSS, to connect families with the resources they need in preparation for the start of the school year on September 8th.
“Our city has been, and will always be, a city of immigrants that welcomes newcomers with open arms,” said Mayor Adams. “‘Project Open Arms’ ensures we are well-prepared to assist asylum-seekers as the school year begins and that we are offering wraparound services to students and families. With strong collaboration with our partners, both in and out of government, this plan highlights how we can lead with compassion and ‘Get Stuff Done’ for those who need it most.”
“Project Open Arms is a multi-agency effort that will provide children and families seeking asylum with the services they need to thrive,” said Deputy Mayor for Health and Human Services Anne Williams-Isom. “It is critical to equip these students with the full range of academic, language access, and social-emotional resources to succeed as they adjust to a new and unfamiliar environment. We are grateful to our sister agencies and community-based partners for their heroic efforts to assist these families, and look forward to deepening this work as we prepare for the start of the school year.”
“Our public schools are prepared to welcome families seeking asylum with open arms,” said DOE Chancellor Banks. “Our city has always stood with those in need of refuge and shelter, and this administration will continue that proud legacy. We are working alongside our agency partners to set students up for success by addressing their academic, emotional, and social needs, and ensuring there is no disruption to their education. Our schools are ready and excited to welcome our newest New Yorkers to class on September 8th.”
“New York City is committed to welcoming individuals and families seeking refuge and liberty, which is why our staff has been on the ground every day helping to connect new arrivals to resources,” said MOIA Commissioner Castro. “With the start of the school year approaching, we are prepared to assist families entering the school system, providing a broad range of supports, including language access and legal services, in close collaboration with agency and community-based organization partners.”
“Despite unprecedented challenges, this administration is going above and beyond to serve and support families seeking asylum,” said Department of Social Services Commissioner Gary P. Jenkins. “We are incredibly grateful to our agency partners for working closely with us on this extraordinary initiative to provide dedicated supports for these families and children and ensuring that we are prioritizing academic progress and learning for some of our youngest, new New Yorkers. We will continue to lead with care and compassion in all that we do, and our every effort to support families and individuals seeking asylum and in need of our services will reflect the true values of New York City.”
According to the most recent analysis, most asylum-seeking families are concentrated in School Districts 2, 3, 10, 14, 24, and 30. As of Thursday, August 18, DSS estimates that at least 1,000 children, including 3- and 4-year-olds, will enter the city’s school system in the upcoming school year.
As part of this plan, the city is:
- Seamlessly Working Across Agencies – ‘Project Open Arms’ coordinates across DOE, MOIA, DSS, the New York City Department of Youth & Community Development, and the New York City Administration for Children’s Services.
- Simplifying the Enrollment Process – Regional managers and their teams in DOE’s Students in Temporary Housing Office are fully engaged in coordinating with shelters to host pop-up Family Welcome Centers (where DOE staff assist families with the school enrollment process), accompanying families to Family Welcome Centers, and providing enrollment staff at the Asylum Seeker Navigation Center (which will provide asylum seekers with access to and information about a full range of wraparound services) as soon as it opens. Staff immediately identify local schools for enrollment, provide backpacks and school supplies, and assist in connecting families to the New York City Department of Health and Mental Hygiene clinics for ongoing pediatric care. For virtual enrollment support, families are encouraged to visit the DOE’s website.
- Ensuring Language Access and Support – In collaboration with superintendents, DOE is ensuring that all families are being supported in their native languages and that school leadership is aware of the constellation of resources available to provide translated content-specific information.
- Providing Academic and Extracurricular Programming – New York City public school curricular and instructional resources will be culturally and linguistically responsive, and educators will receive additional guidance in the areas of second language acquisition and specialized instruction for diverse learners. Extracurricular activities will be similarly targeted to students’ needs and interests, with the goal of enhancing the academic and social experience.
- Creating Supportive Classrooms and Schools – Once they are enrolled in school, every student will have access to universal social-emotional supports and will be evaluated using the DESSA social-emotional screener, an educational tool to assess students’ social and emotional needs. School leadership and staff will have regular check-ins to review attendance and DESSA data and ensure interventions and supports are activated as needed.
- Continuous Coordination with Community Providers and Community-Based Organizations (CBO) – ‘Project Open Arms’ will work in tight coordination with critical CBO partners, including the United Way of New York City, Make the Road New York, Comprehensive Youth Development, El Puente, United Community Schools, the Coalition for Hispanic Family Services, and other organizations to provide families with critical resources and services.
Since May, the city has experienced a surge in people seeking asylum arriving from border states. Many have entered the city’s shelter system, while others have found housing through family members, friends, or sponsors. Additionally, community groups have helped reticket individuals to their final destinations outside of New York City. The city estimates that approximately 6,000 asylum-seekers have gone through the intake process in the last three months.