California Man Sentenced to Four Years in Prison For Charges Related to Capitol Breach

 

Defendant Posted Photo of Himself Inside Senate Parliamentarian’s Office

 Erik Herrera, 35, of El Cajon, California, was sentenced, on January 13, 2023, to 48 months in prison for felony and misdemeanor charges for his actions during the Jan. 6, 2021, Capitol breach. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the presidential election.

Herrera was found guilty by a jury in the U.S. District Court in the District of Columbia, on August 19, 2022, of the felony offense of obstruction of an official proceeding, and four misdemeanor offenses, including entering and remaining in a restricted building or grounds; disorderly and disruptive conduct in a Capitol Building; disorderly conduct in a Capitol Building, and parading, demonstrating, or picketing in a Capitol Building. District Court Chief Judge Beryl A. Howell also ordered three years of supervised release, $2,000 restitution, a fine of $1,000, and a special assessment of $170.

According to the government’s evidence, Herrera was among rioters who illegally entered the Capitol on Jan. 6, 2021. Among other places, he was in groups that entered the Capitol at the Senate Fire Door and the Senate Wing Door. He also posted a photograph of himself holding papers inside the Senate Parliamentarian’s office. Herrera is a photographer but was not in the Capitol as a credentialed journalist. On Jan. 7, 2021, he admitted on social media that a press patch he was wearing had not been issued by a media organization. He wrote, “I don’t have a monopoly on press badges. They’re on Amazon for like $8 … No special permission to buy.”

Herrera was arrested on Aug. 19, 2021, in Los Angeles.

The case was investigated by the FBI’s San Diego and Washington Field Offices. Valuable assistance was provided by the U.S. Capitol Police, the Secret Service, Metropolitan Police Department, and the Metro Transit Police Department.

In the 24 months since Jan. 6, 2021, more than 950 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 284 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing.

Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

Governor Hochul Delivers Remarks at the Brooklyn Academy of Music 37th Annual Martin Luther King, Jr. Day Celebration

 

Governor Hochul: "I assure you that those of us in government know the responsibility that's been entrusted to us by the people to carry on his dream, his vision, and that means creating more affordable housing because housing is a human right. More people deserve to have that right than they have right now."

Hochul: "Let's continue this celebration to honor the man, the legacy, and the great story and inspiration of Dr. Martin Luther King."

Hello, everyone. Thank you. Thank you. Despite the fact that we're here to celebrate the legacy of Dr. King, you should know that your Borough President is so in tune with the times. He said, "Good luck with your Buffalo Bills." And I said, "And the Giants too." Okay. Okay. I've got to be fair. I've got a big family across the state.

But thank you to our Borough President, someone who I have such high regard for, who has been a fighter for the people he represents, and I'm honored to call him a friend. And I know you heard from the Majority Leader of the United States Senate, Chuck Schumer. You heard from. Yes, he's got a big title now, but I know he's going to someday be known as the Speaker from Brooklyn, Hakeem Jeffries. And come on, Brooklyn. How do you keep doing this? It's extraordinary. It's extraordinary. So, our Borough President, thank you. And I know I saw Crystal Hudson back there, our councilmember. We've done a lot together, walked the streets, met the people, let them know that they have a government that cares.

One of the most incredible leaders, our District Attorney, Eric Gonzalez. Incredible how he has fought to protect people, but also ensure that rights are protected as well. They can be achieved together. That is exactly what Dr. King expects of us. And Gina Duncan, thank you for this extraordinary masterpiece. Over 150 years of bringing joy in music and opportunities for young people, and it's just a chance to get a respite from the daily lives.

You know as I was preparing for these remarks, I watched Dr. King's speech this morning. I have a dream. And I thought about what would he say about where we are today? Has the dream been achieved, or do most of our people wake up to a nightmare? And that is the question that is before us. And that'll be part of our legacy when years from now when they continue to celebrate this day and the life of man whose extraordinary, how did the people of our time, 2023, did we take the torch that he handed off to us as a young man? He was 34 when he gave that speech, 39 when he was assassinated. What he did in his young life was put upon our shoulders the moral responsibility to do more for our brothers and sisters who are still struggling. Now that can happen at the federal level, and we have great partners who are committed, and it happens at the borough level with our local leaders.

But also I take on the responsibility of Dr. King's message as the Governor of the State of New York, and this is not new to me to be inspired by his words and his life. In fact, yes, I'm this old, but I'm going to tell you this story. I read a book about his life while he was still walking among us. I did a book report on him. A little white girl in Hamburg, New York. I went to the library, "Childhoods of Famous Americans," and I pulled out the book on Dr. King and I read it, and I reread it and I reread it. And this is a time we were seeing strife in our cities and civil rights marches and protests. And my parents raising us in a pretty conservative part of the state brought us to those marches and made sure that they had the same values, that they learned from their teachings of the church and Dr. King that were imparted to their children. So, the night Dr. King was assassinated, we held our hands around the table and wept because I was raised in a social justice Catholic family and we knew what he meant to so many people.

We also knew his story could not die in that moment, and that is why we gather every single year, to refresh the memory, to teach the young children of our responsibilities. I assure you that those of us in government know the responsibility that's been entrusted to us by the people to carry on his dream, his vision, and that means creating more affordable housing because housing is a human right. More people deserve to have that right than they have right now. Making sure that our children get a high-quality, world-class education because it was an education that lifted my father and mother out of a trailer park and allowed them to live the American Dream. I want that same dream for every child. We're also going to focus on jobs and skills training, saying, "Yes, there's so many more opportunities." But those who are just starting out, we will raise the minimum wage to tie it to inflation because it's nobody's fault that the price of everything from formula and diapers and rent and gas all keeps going up.

So, we're going to take on those fights and I'll do that emboldened knowing that the people have given me this gift of leadership. But it's not one that I'll ever take for granted because just like Dr. King, I feel that sense of responsibility to others and I'll continue to heed his life story and his message as an inspiration to take on the fights. And to make sure that we live his words and not judge people before we know them, that we treat others the way we want to be treated with respect and dignity because all of God's children deserve that. I'm honored to be your Governor. I'm honored to be here today, and God bless every one of you and let's continue this celebration to honor the man, the legacy, and the great story and inspiration of Dr. Martin Luther King. Thank you, everyone. Thank you. And with that, I'd like to present a proclamation to Gina. Thank you. Thank you, Borough President. Thank you. I would read it, but it's really long and I won't do that to you. Thank you, everyone.

LAST CHANCE - Register for BRAC Winter 2023 Art Classes

 

* LAST CHANCE TO REGISTER *

Register Now To Experience

A Full 10 Weeks of Art Classes!

Sign Up for Winter Session | Classes Start January 17

Classes run for 10 sessions

January 17th - April 3rd

Visit Education Page Register on Eventbrite Most classes will be held on-site at the Bronx River Art Center, with sessions taking place within our well-ventilated open space studios.   All persons ages 7 or over must show proof of vaccination. Proof of vaccination will be required upon entering building for first class. For general questions about classes, please email education@bronxriverart.org.

NYC PUBLIC ADVOCATE JUMAANE D. WILLIAMS STATEMENT COMMEMORATING MARTIN LUTHER KING JR. DAY

 

"At the March for Integrated Schools in 1959, Rev. Dr. Martin Luther King, Jr. urged people to, ‘Make a career of humanity. Commit yourself to the noble struggle for equal rights.’ On a day in his honor, we must commit to this fight in his memory, dedicating ourselves to that struggle - the endless agitation toward equal justice, in the face of ongoing oppression.

"This calling toward the cause of humanity resonates ever louder in this moment, as New York continues to welcome thousands of people seeking asylum to our city. City and state leadership can neither ignore this challenge nor aggravate it by stoking tensions and resentments. We have to actively choose to unite those who are suffering, not allow the adoption of an “us or them” mindset with our newest and aspiring New Yorkers. Look to Dr. King’s example – he would fiercely condemn and fight anti-Black inequity, which is very much alive, and in the same breath call to support all who are struggling against oppression, for ‘injustice anywhere is a threat to justice everywhere.’

"Rev. Dr. King knew that the movement is strongest when all who have seen injustice in our systems stand by and for one another, rather than sowing division among people most marginalized, we must all grow the movement together, rooted in compassion and conviction.

"In pushing forward on the path for justice, we must recognize the true obstacles and opponents in the way. There will be many who strip Dr. King’s words of their context today in an effort to sanitize their meaning, to align themselves with a man they would have maligned in life, a mission they actively oppose even now. 

"We cannot sit idly by in the face of injustices and inequities, and so we must stand, march, and re-commit ourselves to the vocation of agitation. If we center the humanity that Dr. King spoke of, we can ‘make a better person of yourself, a greater nation of your country, and a finer world to live in.’ May we all make that our mission."

Texas Man Admits Role in Scamming Seniors in Rhode Island and Elsewhere in Online Romance Scams

 

Fola Alabi, aka Folayemi Alabi, 52, of Richmond, Texas, pleaded guilty in federal court in Providence to charges of conspiracy and money laundering, admitting to a federal judge that he created companies and opened bank accounts that were used to launder more than $1.6 million in proceeds bilked from seniors in at least eleven states, including Rhode Island, in online romance scams, announced United States Attorney Zachary A. Cunha.

To carry out these schemes, a member of the conspiracy befriended unsuspecting seniors online, often posing as a General in the U.S. military serving overseas. The conspirator feigned a personal, and sometimes romantic, interest in his victims, and convinced them to send substantial sums of money, usually in the form of bank checks or cash, to addresses and companies in Texas that were controlled by Alabi. Alabi received the money and either deposited or directed that it be deposited into one of several bank accounts that he controlled.  He then quickly withdrew or transferred the funds to other accounts.

Among Alabi’s victims is a Rhode Island widow who was contacted by a member of the conspiracy claiming to be a “General Miller,” purportedly a four-star General, who convinced the victim to provide $60,000 to finance shipment of his personal belongings to the United States. At the purported “General Miller’s” direction, a check was made payable to Full Circle Import Exports, a company created by Alabi, and mailed to Alabi’s residence in Texas. The victim was prepared to send an additional significant sum of money to the purported “General Miller,” when it was determined by her bank and the Westerly Police Department that she was likely the victim of fraud.

According to court documents, in a cellphone seized from Alabi at the time of his arrest in May 2022, federal agents discovered photographs and videos of packages containing cash and checks received by Alabi from victims of the scam.

According to a plea agreement filed in this matter, for purposes of sentencing, the loss attributed to the romance scams perpetrated by Alabi and members of the conspiracy is $1,640,421. Under the terms of the plea agreement, Alabi will forfeit assets derived from his criminal conduct, to include his Texas residence and $31,773.22 contained in a bank account.

Alabi is scheduled to be sentenced on April 25, 2023. The defendant’s sentences will be determined by a federal district judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.

The matter was investigated by the United States Postal Inspection Service, FBI, United States Secret Service, and Homeland Security Investigations.

Permits Filed For 3020 Valentine Avenue In Jerome Park, The Bronx

 

Permits have been filed for an eight-story residential building at 3020 Valentine Avenue in Jerome Park, The Bronx. Located at the intersection of East 202nd Street and Valentine Avenue, the lot is one block from the Bedford Park Boulevard subway station, serviced by the B and D trains. Boris Babakhanov of Bolex GC Corp. is listed as the owner behind the applications.

The proposed 80-foot-tall development will yield 28,685 square feet designated for residential space. The building will have 42 residences, most likely rentals based on the average unit scope of 682 square feet. The concrete-based structure will also have a basement, lobby, mail and package room, and bike storage, but no accessory parking.

Issac & Stern Architects is listed as the architect of record.

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

Alabama Man Found Guilty of Felony and Misdemeanor Charges Related to Capitol Breach

 

Defendant Posted a Video to YouTube Admitting He Carried a Knife

 An Alabama man was found guilty yesterday of felony and misdemeanor charges for his actions during the Jan. 6, 2021, Capitol breach. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the presidential election.

Joshua Matthew Black, 46, of Leeds, Alabama, was found guilty after a trial in the U.S. District Court in the District of Columbia of entering and remaining in a restricted building or grounds with a deadly or dangerous weapon; disorderly and disruptive conduct in a restricted building or grounds with a deadly or dangerous weapon; unlawful possession of a dangerous weapon on Capitol grounds or buildings; entering and remaining on the floor of Congress; and disorderly conduct in a Capitol building.

According to the government’s evidence, on Jan. 6, 2021, Black was among a mob of rioters illegally on the Capitol grounds. He entered the Capitol Building and was captured in photographs and on video, posted to social media sites, standing on the floor of the Senate chamber. Black later posted a video to YouTube in which he discussed entering the Capitol and the floor of the Senate chamber on Jan. 6, 2021.  He explained that “once we found out Pence turned on us and that they had stolen the election, like officially, the . . . crowd went crazy. I mean, . . .  it became a mob.  We crossed the gate, we got up.”  He also admitted carrying a knife to the Capitol because “you’re not allowed to carry guns in DC and I don’t like being defenseless.” 

During a search of his residence on Jan. 14, 2021, the Federal Bureau of Investigation recovered the knife Black admitted he carried at the Capitol.  The FBI arrested him later that day at a police station in Moody, Alabama. 

U.S. District Court Judge Amy Berman Jackson has scheduled a sentencing hearing for May 5, 2023.

The charges of entering and remaining in a restricted building or grounds with a deadly or dangerous weapon and disorderly and disruptive conduct in restricted building or grounds with a deadly or dangerous weapon carry a statutory maximum sentence of 10 years.  The charge of unlawful possession of a dangerous weapon on Capitol grounds or buildings carries a statutory maximum sentence of five years. The charges of entering and remaining on the floor of Congress and disorderly conduct in a Capitol building carry up to six months. All charges carry potential financial penalties. The Court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The case was investigated by the FBI’s Birmingham, Alabama and Washington Field Offices, Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.

The case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia. Valuable assistance was provided by the U.S. Attorney’s Office for the Northern District of Alabama

In the 24 months since Jan. 6, 2021, more than 950 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including over 284 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing. 

Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

High-Ranking Hyena Crips Gang Member Charged with the Murder of 15-Year-Old Samuel Joseph In Brooklyn

 

The 2019 Murder Was Committed in Retaliation for Gang-Related Fight Involving the Victim’s Older Brother

 An indictment was partially unsealed in federal court in Brooklyn charging Martial H. Amilcar, also known as “Drippy,” and a co-defendant with the murder of 15-year-old Samuel Joseph.  The indictment charges Amilcar, a senior member of the Hyena Crips gang, with killing Joseph in front of his teenage sister on February 22, 2019 as Joseph was leaving his apartment building near the Little Haiti section of Brooklyn.  Amilcar was taken into federal custody, and is scheduled to be arraigned before United States Magistrate Judge Taryn A. Merkl.  If convicted of murder during and through the use of a firearm in relation to murder in-aid-of racketeering, Amilcar faces a potential sentence of life imprisonment or the death penalty.

Breon Peace, United States Attorney for the Eastern District of New York, and Ivan J. Arvelo, Special Agent-in-Charge, Homeland Security Investigations, New York (HSI), announced the arrest and charge.

“There is no crime more heinous than the killing of an innocent child.  As alleged, Amilcar and his co-defendant brazenly murdered 15-year-old Samuel Joseph in retaliation for activities this young boy had nothing to do with,” stated United States Attorney Peace.  “The brutal cycle of gang violence in this district, including the violence perpetrated by members of the Hyena Crips, must be stopped.  We and our law enforcement partners are committed to that end.  It is my hope that today’s indictment brings some measure of justice for the victim’s family.” 

Mr. Peace expressed his appreciation to HSI’s Violent Gang Task Force and the New York City Police Department for their outstanding work in this investigation.

“While nothing can undo the pain that Martial Amilcar and his co-defendant allegedly inflicted upon the family of Samuel Joseph, it is my hope  that by seeing him held accountable for his alleged crimes, they will be given some form of peace,” stated HSI  Special Agent-in-Charge Arvelo.  “HSI New York, along with our law enforcement partners, are dedicated to the eradication of gang violence in our communities, and we will continue to seek, apprehend, and hold accountable those who intend perpetuate such cruelty.”

As alleged in court documents, on February 22, 2019, Amilcar and a co-defendant drove to Samuel Joseph’s apartment building and waited outside until Joseph’s teenage sister arrived at the building’s entrance.  While Joseph’s sister prepared to enter the building, Samuel Joseph was walking down an internal staircase towards the building’s exit.  When Joseph’s sister opened the building door to enter, Amilcar walked into the building behind her, pulled out a gun and shot the 15-year-old boy three times at close range, killing him.

The shooting and events leading up to it were captured on security camera footage taken nearby.

Amilcar and another individual allegedly killed Samuel Joseph in retaliation for an altercation earlier that day between Amilcar’s relative, a fellow gang member, and Joseph’s older brother, a rival gang member.

The charge in the indictment is an allegation and the defendant is presumed innocent unless and until proven guilty.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.  The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.