Two Gang Members Charged With 2022 Bronx Murder

 

 Damian Williams, the United States Attorney for the Southern District of New York, Ivan J. Arvelo, the Special Agent in Charge of the New York Field Office of Homeland Security Investigations (“HSI”), and Edward A. Caban, the Commissioner of the New York City Police Department (“NYPD”), announced today that GIBRAN GUERRERO, a/k/a “Cojito,” and YORVIN GOMEZ, a/k/a “Julbie,” were charged with racketeering conspiracy, murder in aid of racketeering, committing violent crimes in aid of racketeering, and firearms offenses related to their membership in a street gang known as the “Trinitarios” that operated in or around the Bronx and other locations. GUERRERO and GOMEZ are also charged with participating in a robbery on December 15, 2022.  During the robbery, one of the victims, Johnny Gaston, was shot and killed.  The other victim was shot but survived.  The case has been assigned to U.S. District Judge Lorna G. Schofield.

GUERRERO and GOMEZ were in state custody and were transferred into federal custody today.  They were presented this afternoon in Manhattan federal court.  

U.S. Attorney Damian Williams said: “Gibran Guerrero and Yorvin Gomez are alleged to have terrorized the Bronx in connection with their membership in the Trinitarios gang.  Their alleged violent conduct included engaging in gunpoint robberies of multiple victims, with one robbery resulting in the tragic death of Johnny Gaston.  Today’s indictment furthers this Office’s work to chip away at the gang violence that threatens public safety in our community.”

NYPD Commissioner Edward A. Caban said: “Every crime carried out by Trinitarios gang members in New York City is met with tenacious work by the NYPD and our law enforcement partners to ensure justice – and this case is no different.  Behind the charges unsealed today against these two defendants is a proactive, aggressive investigation to ensure the strongest possible prosecution.  I want to thank our NYPD detectives and all of our partners, including the agents of the HSI New York Field Office and the prosecutors of the United States Attorney’s Office for the Southern District of New York, for their steadfast collaboration in bringing this important case.”

According to the allegations in the Indictment unsealed today in Manhattan federal court:[1]

From at least in or about 2021 up to and including 2023, in the Southern District of New York and elsewhere, GIBRAN GUERRERO and YORVIN GOMEZ were members of the Trinitarios gang.  In order to fund the gang, protect its territory, and promote its standing, members of the Trinitarios engaged in, among other things, robberies, frauds, narcotics trafficking, and other acts of violence, including murder.

On December 15, 2022, GUERRERO, GOMEZ, and other Trinitarios members lured two victims to a location in the Bronx and robbed them.  During the robbery, one of the victims, Johnny Gaston, was shot and killed.  The other victim was shot but survived.

In addition, on or about July 30, 2022, and September 26, 2022, GUERRERO and other Trinitarios members participated in gunpoint robberies of several victims located in the Bronx.

GIBRAN GUERRERO, 20, and YORVIN GOMEZ, 26, both of the Bronx, New York, are each charged with one count of racketeering conspiracy, which carries a maximum sentence of life in prison; one count of murder in aid of racketeering, which carries a mandatory minimum sentence of life in prison or death; one count of causing death through use of a firearm, which carries a maximum sentence of life in prison or death; and conspiracy to commit bank fraud, which carries a maximum sentence of 30 years in prison.  GUERRERO is also charged with two counts of assault with a dangerous weapon in aid of racketeering, which each carry a maximum sentence of 20 years in prison, and two counts of carrying and brandishing firearms in connection with a crime of violence, which each carry a mandatory minimum sentence of seven years in prison and a maximum sentence of life in prison.

The minimum and maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

Mr. Williams praised the outstanding investigative work of HSI and the NYPD.

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

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

Governor Hochul Deploys Additional $20 Million to New York City for Casework Surge to Help More Than 30,000 Asylum Seekers Exit City Shelters and Seek Legal Work Status

 

Working With NYC Health + Hospitals and The International Rescue Committee, State Funding Will Be Used to Triage and Expedite Overcoming Barriers to Exit Shelter, Including Filing for Asylum and Work Authorization

Casework Surge Builds on State’s $10 Million Investment in Legal Services in FY24 Budget, Part Of $1.5 Billion Commitment to Covering Shelter, Health Care and National Guard Costs

 Governor Kathy Hochul today announced a $20 million investment to speed the casework filing process for more than 30,000 asylum seekers. This investment, which is in addition to the $1.5 billion the State has already allocated to addressing this crisis, will help connect asylum seekers with case management services to speed the process of exiting shelter and, when necessary, filing asylum claims. The ultimate goal of these social services is to support asylum seekers as they attain legal work status, exit the shelter system and begin independent living.

“The path out of this crisis is work authorization,” Governor Hochul said. “New York has always welcomed immigrants and new arrivals — and getting asylum seekers on track to work authorization will help them become self-sufficient and come out of the shadows. New York State has provided significant humanitarian aid for more than a year, and we’re committed to continuing to support the City in managing this ongoing crisis.”

This new effort will engage at least 30,000 asylum seekers being sheltered by NYC Health + Hospitals, NYC Emergency Management, and the NYC Department of Housing Preservation and Development with proactive exit-support case management services. The program is designed to immediately engage asylum seekers upon their arrival and continue the engagement throughout their stay in shelter, connecting them with social services that will help them make plans to exit shelter. These social service providers will include the Asylum Application Center, which is also funded by the State of New York.

Utilizing a framework developed by the International Rescue Committee, the internationally recognized NGO, asylum seekers in the City’s shelters will be triaged using a new color-coded scale: green indicates no significant barriers to exiting shelter; yellow indicates barriers to exit that have a path to resolution; and red indicates more complex barriers to exit that require extensive resources. This triage method will speed exit from shelter, facilitate the connection to services or resources required to exit shelter, and put families on the path to independent living. Individuals and families will be engaged on arrival at the City’s arrival center and on an ongoing basis throughout their time in shelter.

This funding is in addition to $10 million that the state provided in the FY24 budget to help the City of New York offer legal services to migrants, which was used to establish the city’s Asylum Application Center. It also builds on existing efforts from the State to shelter unprecedented numbers of asylum seekers, most recently including State-funded Humanitarian Emergency Response and Relief Centers (HERRCs) opened on Randall’s Island and at Creedmoor Psychiatric Facility. The State has also committed $1.5 billion to support the City’s efforts to shelter asylum seekers and has deployed more than 1,800 members of the New York National Guard to provide logistical and operational support at City-run shelters.

NYC PUBLIC ADVOCATE RESPONDS TO THE ANNOUNCEMENT OF A NEW MIGRANT SHELTER AT FLOYD BENNETT FIELD

 

“I am glad to see the governor commit this location and funding to provide shelter for the ever-increasing number of new and aspiring New Yorkers arriving in our city. The site is not ideal, but we continue to be left to choose the best of bad options, and I will work to ensure that shelters meet the necessary standards, including security precautions, resource availability, and transportation access to and from the site for migrants and community organizations alike. I hope that this and other actions signal a sustained and increased effort by the state to step up with financial and infrastructural support to meet this humanitarian crisis. 

“I appreciate the federal government approving this site location – their support cannot end with approval, as there is a much greater responsibility. We urgently need more federal funding, resources, and infrastructure to help ensure that people fleeing danger and seeking asylum and support in our country are met by the federal government with aid, not apathy.”

MAYOR ADAMS STATEMENT ON FLOYD BENNETT FIELD

 

New York City Mayor Eric Adams today released the following statement on Floyd Bennett Field:

 

“For months, Governor Hochul and I have been urging the federal government to allow us to use Floyd Bennett Field to help house some of the more than 100,000 asylum seekers who have sought our care here in New York City, and I’m grateful that we have a tentative agreement to move forward on this site. I thank Governor Hochul for her commitment to pay for this site, and I’m looking forward to more of this kind of partnership with our friends in Albany as we manage this ongoing crisis. But let’s be clear: because we haven’t seen meaningful policy changes that would alter the course of this crisis, we’ve been forced to play an unsustainable game of ‘whack-a-mole’, opening new site after new site as asylum seekers continue to arrive by the thousands. We will continue to advocate for expedited work authorization for asylum seekers, a federal declaration of emergency, and a national and state decompression strategy, and we’re committed to making today’s announcement the beginning of a new era of enhanced partnership between our local, state, and federal governments.”

Statement From Governor Kathy Hochul on Negotiations With Biden Administration on Floyd Bennett Field

 

“After months of negotiations, the Biden Administration has provided us with a tentative contract that would allow New York to utilize Floyd Bennett Field as a shelter for asylum seekers. Once the final agreement is signed, we will work with Mayor Adams and his team to set up a Humanitarian Emergency Relief and Response Center at Floyd Bennett Field with the capacity to shelter more than 2,000 asylum seekers. We are grateful to President Biden for his support of this initiative and committed to continuing our advocacy on behalf of the people of New York.

"Ultimately the path out of this crisis is granting work authorization immediately, so these individuals can move out of shelter and into independent living arrangements. This site will be critical in the interim for the City of New York to provide humanitarian aid, as we work collectively to get people on the path to asylum seeker status and legal work."

Comptroller Lander Releases Review of NYC Shelter System, Focusing on Both “Pathways In” & “Pathways Out”

New finding: Dept of Homeless Services denied 80% of family shelter applications in FY22.

Subsidized placements have a 95+% success rate but are increasingly expensive amidst rising housing costs 

The New York City Comptroller’s office undertook a comprehensive review of the Department of Homeless Services (DHS) to examine the challenges in supporting homeless single adults and families at a time when the shelter system is expanding rapidly due to the arrival of asylum seekers, and rents have skyrocketed making permanent housing placements more difficult.  

Far from being an “open door” system, the review found that only 1-in-5 families and only 1-in-10 single adults who presented themselves at one of DHS’ intake centers were deemed eligible for shelter in Fiscal Year 2022. 

During the period under review, the average length of stay in the shelter system far exceeded a year, or two years in the case of adult families, and increased from fiscal year 2021 to fiscal year 2022 (The review covers FY21 and FY 22, prior to the significant increase in the arrival of asylum seekers). 

The review found that subsidized placements in permanent housing were highly successful. 95% of single adults and 99% of families who secured a placement into supportive housing or NYCHA, or through CityFHEPS or other vouchers succeeded in not returning to the shelter system after a year. However, these placements became scarcer and more expensive as rents skyrocketed over the past year.

Auditors also found that in many cases, DHS failed to adequately track its engagements with chronically homeless people, its efforts to divert people out of the shelter system, the services provided to clients in shelter, and the people returning to shelter over a year later. 

“At a time when rents are skyrocketing and the shelter system is bursting at its seams, we need to focus on what works. That means redoubling our efforts to build affordable and supportive housing, providing subsidies to homeless families to reduce their time in the shelter system, scaling up effective ‘housing first’ programs for people who are sleeping on the street, and helping new arrivals apply for asylum and work authorization so they can move out of shelter on their own,” said Comptroller Brad Lander.  

DHS oversees a network of over 360 contracted shelters– of the contracted shelters: the largest number were in the Bronx and Brooklyn (109), Manhattan had 78, Queens had 62, and Staten Island with only two as of April 2023. DHS directly runs 1 shelter for families with children, 2 for adult families, and 7 for single adults. Single adults make up the largest share of the shelter system, representing 72% of the people in shelter. The average length of stay for adult families is over 28 months, families with children is over 17 months, and single adults is over 16 months. 

Pathways In 

The pathway into shelter is onerous for families, either with children or adults, who face a screening process. DHS only deemed 1-in-5 families with children eligible and 1-in-10 adult families eligible for shelter in FY2022. In February 2022, the New York City Comptroller’s Audit of DHS’ Prevention Assistance and Temporary Housing (PATH) intake center found that personnel denied 42% out of 46,200 family applications without adequately investigating housing history.

The shelter system is increasing daily with the population in DHS shelters reaching 81,630 as of July 2023, including asylum seekers. Single adults filed 34.3% of shelter applications, the majority being families.

• While DHS conducted 99,421 outreach engagements and spent $61.4 million in calendar year 2022, DHS does not have a unified system for tracking engagements with street homeless people. 

• • In FY22, DHS placed people in Safe Haven beds 2069 times and in stabilization beds 1311 times.  
  • The average length of stay in Safe Haven was over 400 days, while stay in stabilization beds was 307 days in FY 2022.  
  • To help reduce street homelessness, DHS increased the number of clients in Safe Haven and stabilization beds by over 780 beds in 2022. 

• DHS screens adult families and families with children for shelter eligibility and in FY22: families with children filed 57.8% of applications. DHS deemed only 19% of families with children and 11% of adult families eligible for shelter placement. 

• • From March 2023 DHS Local Law 37 reporting, over 57% of families with children submitted more than 1 application, 7.2% submitted six or more applications; over 61% of adult families submitted more than one application, with 17% submitting six or more applications. 
  • DHS determined 28,014 family with children applications as ineligible; DHS found 23,903 (82%) applications due to an incomplete housing history, failed to cooperate, or did not meet family make up criteria. The rest were ineligible because they had other housing options available, like family, friends, or other means of housing.  
  • Of the 3,627 diversions for families (with children and adults) in FY22, 2907 (80%) occurred pre-application, while 720 (20%) occurred post-application. 

• • DHS does not break out types of diversion strategies or success rate, making it hard to determine positive or negative outcomes.  

Pathways Out 

The review found that 95% of single adults and 99% of families who secured a subsidized housing placement– supportive housing, NYCHA, CityFHEPS, or other vouchers– succeeded in not returning to the shelter system after a year. 

 Pathways out of shelter without any subsidy will become exceedingly more difficult as rent skyrockets, which is currently at a peak of $3,500 per month for a 1-bedroom as of June 2023. In the review, DHS officials pointed to the extremely low supply and high demand for units that are affordable to people currently in shelter as their biggest challenge placing people in permanent housing. 

• DHS placed 12,757 households into permanent housing in FY22, and 14,226 in FY21, a 1,469 decline.  

• • In FY21 and FY22, 76% of the total of 26,983 placements were subsidized. 

• Of those placed in permanent housing, 55% were single adults, who also counted for the highest rate of return. One-in-five single adults who received a housing placement without a subsidy later returned to shelter within a year.
   
• NYCHA placements made up only 8.1% of FY22 subsidized placements, with Emergency Housing Vouchers (either through NYCHA or Department of Housing Preservation) making up another 4.8%.  

• Of those who left shelter, more than half shelter residents (52%) exited the shelter system on their own in FY21.  

• • 68% of street homeless people exited low-entry beds. 
  • 28% of street homeless people exited with a subsidy. 

• Through December 2022, 5805 households received subsidized placement, 77% of them receiving CityFHEPS vouchers.
  
• Only 9% of street homeless people in Safe Haven or stabilization bed obtained supportive housing. 

• • The street homeless individuals with some subsidy, 605 people (75%) exited into supportive housing and 94 (12%) through CityFHEPS in FY21 and FY22. 

• In FY22, 1574 (12%) households found their way to supportive housing.

To read more about the Comptroller’s solution to reducing street homelessness, read the Housing First report released in June 2023.

Read the audit Review of the New York City Department of Homeless Services’ Programs and Services.

Gang Members Convicted of Murder, Federal Racketeering, and Firearms Charges

 

A federal jury in Macon, Georgia, convicted three members of the Gangster Disciples – a national gang with a long history of lawlessness and violence – on Aug. 17 in connection with the murder of three people, as well as various other offenses including drug trafficking, obstruction of justice, and firearm charges.

According to court documents and evidence presented at trial, Philmon Deshawn Chambers, aka Dolla Phil, 34, of Atlanta, who was a Chief Enforcer for the State of Georgia; Andrea Paige Browner, aka Light Brite, aka Drea, aka Shawty, 28, of Athens, Georgia; and Lesley Chappell Green, aka Grip, 35, of Stone Mountain, Georgia, were responsible for three gang-related murders triggered by the murder of a Gangster Disciple member. After that murder, other Gangster Disciples allegedly sought to identify and retaliate against those responsible for the victim’s death. Chambers followed Rodriguez Apollo Rucker to his Athens residence where he shot and killed Rucker, who was a relative of a suspect of the first murder.

“These defendants placed the Gangster Disciples’ rule of revenge above the rule of law. Their days of violence in the name of the Gangster Disciples are now over,” said Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division. “As this case demonstrates, outstanding cooperation between federal, state, and local law enforcement is vital to dismantling violent criminal enterprises and keeping our communities safe. The Justice Department will not waiver in its commitment to protecting victims of violent crime.”

After learning that police suspected Chambers of Rucker’s murder, Chambers and Browner fled from Georgia to Texas. To cover up this crime and protect the gang, Chambers ordered that fellow gang members he suspected of cooperating with law enforcement, Derrick Ruff and Joshua Jackson, be killed. Green, along with Shabazz Larry Guidry, aka Lil L, aka L, aka Lil Bro, aka Lil Larry, 28, of Decatur, Georgia, and Robert Maurice Carlisle, aka Different, 34, of Lithonia, Georgia, shot and killed Ruff and Jackson and left their bodies in a storage unit in Lawrenceville, Georgia, where they were discovered four months later. 

“Philmon Chambers, Andrea Browner and Lesley Green were Gangster Disciples who engaged in a pattern of violent criminal activity for years, to include three heinous murders; now, justice has been served,” said U.S. Attorney Peter D. Leary for the Middle District of Georgia. “Violent gangs, intimidation and murder have no place in our lawful society, and I commend the federal, state and local partners who worked so closely to solve this case of exceptional complexity.”

“Chambers, Browner, and Green are responsible for gang-related acts of murder, retaliation, and other destructive crimes,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “The FBI’s Safe Streets Task Forces are the front line of our efforts protecting communities across the country from violent gangs like the Gangster Disciples. I commend the members of the Middle Georgia Safe Streets Gang Task Force led by the FBI Athens Resident Agency, as well as our partners in Athens and Gwinnett Counties, for ensuring these violent criminals are taken off the streets of Georgia.”

The jury convicted Chambers, Browner, and Green of racketeer influenced and corrupt organization (RICO) conspiracy. The jury also convicted Chambers and Browner of violent crime in aid of racketeering (VICAR) murder and federal firearm offenses related to murder. Sentencing has not yet been scheduled. Chamber and Browner face a mandatory minimum penalty of life in prison. Green faces a statutory penalty of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Carlisle and Guidry previously pleaded guilty to RICO conspiracy.

The FBI Atlanta Field Office, Athens Resident Agency Middle Georgia Safe Streets Gang Task Force, Athens-Clarke County Police Department, and Gwinnett County Police Department investigated the case.

These cases are being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Justice Department’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

BRONX MAN SENTENCED TO 15 YEARS IN PRISON FOR SEXUALLY ABUSING GIRL AT DAYCARE CENTER FOR FIVE YEARS, STARTING WHEN SHE WAS FIVE YEARS OLD

 

Jury Convicted Defendant of Course of Sexual Assault Against a Child

 Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been sentenced to 15 years in prison and 10 years post-release supervision for sexually assaulting a girl from the age of five until she was 11 years old.

 District Attorney Clark said, “The defendant’s heinous acts caused irreversible harm to a little girl who will now suffer for a lifetime. The defendant used his wife’s home daycare business to gain access to the child. No one should ever have to endure such violence and my Office will make sure that anyone who commits such harm against a child will face many years in prison.”

 District Attorney Clark said the defendant, Alberto Hernandez, 64, of 2834 Heath Avenue, was sentenced Friday by Bronx Supreme Court Justice Steven Hornstein to 15 years in prison and 10 years post release supervision. He will also be required to register as a sex offender. He was found guilty after a six-week jury trial of first-degree Course of Sexual Assault Against a Child and Endangering the Welfare of a Child.

 According to the investigation, between June 1, 2011, and June 30, 2016, Hernandez, whose wife ran the since-closed “Maria’s Daycare” out of their home, abused the now 18-year-old girl, in different areas of the home. The victim had been enrolled in the daycare at nine months old, and her demeanor began changing when she was 5 years old. She reported the abuse approximately three years after attending the daycare, after suffering years of anguish and damage to her mental health.

 District Attorney Clark thanked Detective Crystal Soto of the NYPD Bronx Special Victims Squad for her work on the investigation.