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News From Congressman Eliot L. Enge

Engel Leads NY Delegation Letter to Speaker Ryan Calling for Support of Select Committee on Gun Violence Prevention

  Congressman Eliot L. Engel, a member of the House Gun Violence Prevention Task Force, led the New York Delegation Democrats in a letter to House Speaker Paul Ryan calling on him to establish a Select Committee on Gun Violence Prevention.

“The victims and families of the most recent mass shooting in Las Vegas deserve more than our thoughts and prayers,” said Congressman Engel. “They deserve to live in a country that is free from gun violence. There have been more mass shootings than there have been days so far in 2017, yet Republicans in Congress refuse to respond. Congress has a duty to protect the lives of Americans. Today, I’m joining all the Democrats in the New York Delegation to call on Speaker Ryan to address this crisis.”

All 18 House Democrats from New York signed the letter. A copy of the letter is attached and full text can be found below:

October 5, 2017

The Honorable Paul Ryan

Speaker of the House

H-232, United States Capitol

Washington, D.C. 20515

Dear Speaker Ryan,

As members of the New York State delegation, we write to express our dismay at the unrelenting episodes of gun violence that continue to plague our nation. It is long past time that we, as elected representatives of the people, put aside special interests and take affirmative steps to protect our fellow citizens from becoming the next victims of this ongoing tale of American heartbreak. 

This weekend in Las Vegas, one man ended the lives of at least 59 people and injured another 527. This horrific act broke the record for deadliest mass shooting in our country’s history, a record that was previously set less than a year and a half ago in Orlando. Once again, families have lost loved ones and those that were injured will face a lifetime of challenges.

In the wake of yet another deadly mass shooting, Congress must not abdicate its duty to protect and defend the American people. On average 90 Americans lose their lives to gun violence every day and another 151 are treated for a gun assault in an emergency room. In 2016, guns were responsible for 371 homicides and over 10,000 violent crimes in New York.

New York has some of the strongest gun laws in the nation. But gun violence still threatens the safety of our communities and law enforcement because of easy access to firearms in states with weaker gun laws. This is an epidemic that we must address as a nation.

The debate over gun control is polarizing, but it is both possible and necessary to craft safety measures that reduce gun deaths while respecting the Second Amendment.  A sensible first step towards that end is to consider and pass Representative Mike Thompson’s resolution establishing a Select Committee on Gun Violence (H. Res. 367). This resolution would establish a bipartisan Select Committee to investigate and report on the causes of mass shootings, methods to improve background checks on firearm purchases, connections between access to firearms and dangerously mentally ill individuals, federal penalties for the trafficking of firearms, loopholes that allow domestic abusers to access firearms, links between firearms and suicide, the effects of gun violence on public health, the correlation between state gun violence prevention laws and the incidence of gun violence, the importance of accurate information on gun violence, the implementation of gun violence prevention laws, and the rates of gun violence in large metropolitan areas.

As Members of Congress, we are obligated to investigate and debate the challenges that our country faces, no matter how controversial. After hundreds of thousands of gun deaths in this country, it is time to act.

Sincerely,

Eliot L. Engel

Joe Crowley

Brian Higgins

Gregory Meeks

Hakeem Jeffries

Yvette Clarke

Nita Lowey

Louise M. Slaughter

Jerrold Nadler

Carolyn B. Maloney

Adriano Espaillat

Thomas R. Suozzi

Nydia M. Velazquez

Grace Meng

Jose Serrano

Paul D. Tonko

Kathleen Rice

Sean Patrick Maloney

Members of Congress

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Engel Denounces Trump For Rolling Back Contraception Coverage

  Congressman Eliot L. Engel issued the following statement on President Trump’s decision to allow employers to omit coverage for contraception from their workers’ plans:

“The Affordable Care Act increased access to affordable birth control for millions of American women. Under the ACA, insurers are required to cover birth control at no cost. We cannot roll back this progress. But that’s exactly what President Trump’s shameful new interim final rule will do.

“This interim final rule gives bosses, health plans, and schools veto power over women's health care choices by refusing to cover birth control. Curtailing access to birth control means curtailing women's ability to control their own health and bodies. It also means jeopardizing their health and economic well being.

“House Republicans continually vote to ban abortion and defund Planned Parenthood, and today’s decision by the President is just another example of the GOP’s ongoing war on women.

“Women and couples use contraceptives to have healthier pregnancies, to plan their families, and to treat conditions like endometriosis. Birth control is health care. This rule is just the latest move by the Administration and Republican-controlled Congress to roll back health care—and my fellow Democrats and I are going to fight back.”

WITH STREET REPAVING IN HIGH GEAR, MAYOR DE BLASIO ANNOUNCES FIFTY PERCENT DECLINE IN POTHOLES SINCE 2014

DOT names some of the major streets to be paved this fiscal year across all five boroughs; since 2014, DOT has repaved more than 4,500 lane-miles, nearly 1/4^th of City streets, an unprecedented pace

  Mayor Bill de Blasio today announced that thanks to a ten-year investment of $1.6 billion in street repaving, the number of potholes in New York City has declined by over fifty percent - 207,306 so far this year compared to 444,835 as of this date in 2014, a reduction of more than fifty percent.  Since 2014, DOT has paved 4,500 lane-miles of roadways out of 19,000 total Citywide, or nearly 25 percent. The Mayor made the announcement while visiting a DOT paving crew along Valentine Avenue in the Tremont section of the Bronx.

“When we took office in 2014, a drive down many City streets could be a bone-rattling experience,” said Mayor de Blasio. “Thanks to the hard work of DOT crews, rides are smoother everywhere, on major roads like the FDR Drive to smaller residential streets in neighborhoods around the City. But the turnaround is not complete; while freshly paved streets mean many fewer potholes, we still have too many, so crews will be both quickly filling potholes and keeping up the pace of repaving in the months ahead.”

“Thanks to Mayor de Blasio’s unprecedented investment in paving, the quality of City roads is up and the number of pothole complaints is down,” said DOT Commissioner Polly Trottenberg. “This fall, our crews will continue to work – literally day and night -- to provide even smoother rides.  We ask that if drivers encounter a paving crew, they please give them the necessary space and maintain a safe speed as we try to pave as many streets as possible before winter weather sets in.”

As part of its efforts to maintain work-zone safety, including for Roadways crews repaving and filling potholes, DOT will in the next week be introducing a new Vision Zero “Work Zone Heroes” public-service advertising campaign. The ad encourages safe driving around work zones and features actual DOT employees in the Roadways, Traffic Operations, Bridges and Sidewalk Inspection Management (SIM) divisions. 

DOT named some of the major streets planned for repaving for the current fiscal year, which ends June 30^th, 2018.

Queens:

 Union St, Northern Blvd to 31 Rd

Roosevelt Ave., 57 to 61 Streets

Roosevelt Ave, 69 to 73 Streets

N/B Van Wyck Service Road, 138 St to Liberty Ave

Brooklyn:

Colonial Rd, Bay Ridge Pkwy to 85 St

5^th Ave, Flatbush Ave to Prospect Ave

Staten Island:

Goethals Road, Richmond Ave to Western Ave.

Narrows Road, Fingerboard Rd to Britton Ave.

West Shore Expressway Service Road west, Arden Ave/ Muldoon Ave Exit to Bloomingdale Road

Manhattan:

W. 96^th St., Central Park West to Riverside Dr.

West End Ave., W. 72^nd St. to W. 59^th St.

Central Park -- West and East Drives in the upper 90’s and 100’s

Bronx:

E. Gun Hill Rd, Webster Ave to Wayne Ave

Broadway, Mosholu Ave to W 262 Street

East Kingsbridge Rd, Jerome Ave to East Fordham Rd

DOT also provided the latest number of potholes repaired under the de Blasio Administration:

Calendar Year To Date:		10/02/14		10/02/15	10/02/16		10/02/17
Bronx		74,349		65,594	42,492		46,916
Brooklyn		112,340		92,506	46,747		43,627
Manhattan		81,565		65,599	36,859		26,355
Queens		117,312		127,798	79,012		62,451
Staten Island		59,269		54,989	26,679		27,957
Total		444,835		406,486	231,789		207,306

Borough	Number of Potholes Repaired  as of 10/2/2017
Bronx	260,889
Brooklyn	325,646
Manhattan	234,987
Queens	430,101
Staten Island	188,837
Total	1,440,460

In 2015, the Mayor announced a $1.6 billion commitment to resurface roads all over the city over ten years. DOT repaved 1,265 lane miles in FY16, and 1,324 lane miles in FY17.  So far in FY18, crews have resurfaced over 500 lane-miles.  It is the highest three-year output of paved lane-miles in DOT’s recorded history.

DOT both procures and produces asphalt at its two plants for resurfacing and filling potholes. In 2017, DOT used nearly 1.3 million tons of asphalt.  During pothole season, which generally begins with the onset of cold weather in December, anywhere from 25 to 75 separate DOT pothole crews are dispatched daily. The crews work in all five boroughs, responding to requests from residents and local stakeholders. The average response time to repair a pothole is now less than two days.  For information about DOT’s ongoing work to address potholes and maintain the City’s road network, please visit www.nyc.gov/dot .

Pothole conditions should be reported immediately to The Daily Pothole or to 311.

Mayoral Town Hall Meeting at IS 254

  It wasn't any different from the other Bronx town hall meetings that Mayor Bill de Blasio has had here in the Bronx. Councilman Ritchie Torres was the co-host of this town hall meeting in his 15th city council district at IS 254. Above the mayor waits to be introduced, and the only other elected officials in the room with Councilman Torres were State Senator Gustavo Rivera and Bronx District Attorney Darcel Clark.  

Above - Bronx DA Darcel Clark thanks the mayor for the funding that is needed to run the DA's office, and his plan to close Riker's Island.

Below - State Senator Gustavo Rivera points out some current city legislation that is directly connected to legislation that he and others in the State Senate are trying to get passed into law, but are having a few problems getting the needed number of votes to pass said legislation in the State Senate.

Councilman Torres spoke about the relationship he has forged with the mayor to help not only his district, but many other people who live in NYCHA house of which Councilman Torres is the chair of Public Housing Committee in the city council.

Below - As usual Mayor de Blasio is given cue cards to read from so he can say positive things about the council member and the council district he is in. You can see the mayor reading off of one of said cue cards to announce NYCHA improvements to one housing complex in Councilman Torres's district.

Above - The first question of this town hall meeting went to Van Nest Neighborhood Alliance President Bernadette Ferrara, as she is recognized by Councilman Torres, who chose the speakers.  

Below - Mayor de Blasio listens intently to what Ms. Ferrara has to say about the quality of life issues in the Van Nest neighborhood. 

The town hall meeting began about 7:30 PM and lasted past 10 PM as Mayor de Blasio took as many questions on as many topics from education to community policing. You can see the precinct commanders from all Bronx precincts and Bronx Borough Command Inspectors were on hand to answer any questions relating to police matters. also on hand were Borough agency heads, and even several citywide commissioners.

Bronx Man Charged In Manhattan Federal Court With Sex Trafficking Of Minors And Other Related Offenses

   Joon H. Kim, the Acting United States Attorney for the Southern District of New York, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and James P. O’Neill, Commissioner of the New York City Police Department (“NYPD”), announced today that ADRIAN BROOKS, a/k/a “Abee,” was arrested for his alleged role as the leader of a sex trafficking and prostitution enterprise that exploited and abused women and minor girls.  BROOKS was charged in an Indictment with sex trafficking of minors and sex trafficking by force, fraud, and coercion.  BROOKS was also charged with the use of interstate facilities and interstate travel to promote a prostitution enterprise.  BROOKS was arrested this morning and will be presented before U.S. Magistrate Judge Gorenstein in Manhattan federal court this afternoon.  The case has been assigned to U.S. District Judge William H. Pauley.   

Acting Manhattan U.S. Attorney Joon H. Kim said:  “As alleged, Adrian Brooks used threats and violence to coerce underaged girls into performing sex acts for money, and then kept most of the money for himself.  For his reprehensible alleged crimes, Brooks will now face federal sex trafficking charges.  This Office remains committed to protecting vulnerable children from the sick world of commercial sex trafficking.”

           

FBI Assistant Director-in-Charge William F. Sweeney Jr. said: “Brooks’s alleged acts are horrendous, preying on and exploiting minors. Cases like this are disgraceful examples of the worst in our society. Sadly, too often these types of crimes are unknown or ignored in our communities. The FBI simply won't tolerate this behavior. Our Child Exploitation and Human Trafficking Task Force will be relentless in pursuing those who target our youth.  I encourage anyone with knowledge of trafficking activity to step forward to help us make a difference”

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

Since at least 2014, BROOKS directed and conducted a criminal sex trafficking and prostitution enterprise (the “Sex Trafficking Enterprise”) that recruited and exploited minor girls, and then forced them to engage in commercial sex acts for his own profit by, among other things, using an online classifieds website called Backpage.com (“Backpage”).  BROOKS operated the Sex Trafficking Enterprise out of motels in the Bronx, New York, and Yonkers, New York, as well as on the streets of the Bronx.

To evade detection by law enforcement, the Sex Trafficking Enterprise’s advertisements often purported to be offering escorts.  However, such advertisements often signaled that they were, in fact, offering individuals for commercial sex acts through a variety of cues, including pictures of partially-clothed women in sexually suggestive poses, and coded language indicating that the people being offered would perform sex acts in exchange for money.

The victims of BROOKS’s Sex Trafficking Enterprise were typically forced to engage in commercial sex acts with multiple customers in a single day.  Customers typically paid for such commercial sex acts in cash.  BROOKS kept most or all of the profits from his Sex Trafficking Enterprise.

BROOKS forced certain of his victims to take prescription pain relievers, to which they became addicted.  In addition, BROOKS set rules for his victims, controlled their actions, and punished violations of his rules and disobedience through physical violence, among other things.

BROOKS is charged with one count of sex trafficking conspiracy, which carries a maximum sentence of life in prison; two counts of sex trafficking of a minor and by force, fraud, or coercion, each of which carries a maximum sentence of life in prison and a mandatory minimum sentence of 15 years in prison; and one count of use of interstate facilities and interstate travel to promote a prostitution enterprise, which carries a maximum sentence of five years in prison.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Any individuals who believe they have information concerning ADRIAN BROOKS, a/k/a “Abee,” that may be relevant to the investigation, or information regarding other sex trafficking crimes, should contact the FBI at (212) 384-1000 or https://tips.fbi.gov/, or the New York City Police Department at (646) 610-7272.

The investigation was conducted through the New York Child Exploitation and Human Trafficking Task Force, a joint task force between the FBI and NYPD to combat human trafficking.  Mr. Kim praised the outstanding investigative work of the FBI and the NYPD.   Mr. Kim also thanked the Port Authority of New York and New Jersey - Youth Services Unit and the New York City Administration for Children’s Services for their assistance during the investigation.

The charges contained in the Indictment are merely accusations and the defendant is 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.

Fraudster Involved In International Bribery Scheme Relating To Korean Company’s Attempted Sale Of $800 Million Skyscraper In Vietnam Sentenced To 42 Months In Prison

   Joon H. Kim, the Acting United States Attorney for the Southern District of New York, and Kenneth A. Blanco, Acting Assistant Attorney General of the Criminal Division of the U.S. Department of Justice, announced that MALCOLM HARRIS was sentenced today by U.S. District Judge Edgardo Ramos to 42 months in prison for wire fraud and money laundering charges arising from his role as a middleman in a corrupt scheme to pay millions of dollars in bribes to a foreign official (“Foreign Official-1”) of a country in the Middle East (“Country-1”).  The bribes were intended to facilitate the sale by South Korean construction company Keangnam Enterprises Co., Ltd. (“Keangnam”) of a 72-story commercial building known as Landmark 72 in Hanoi, Vietnam, to Country-1’s sovereign wealth fund (the “Fund”) for $800 million.  Instead of paying an initial $500,000 bribe to Foreign Official-1 as he had promised, HARRIS simply pocketed the money and spent it on himself.

Acting Manhattan U.S. Attorney Joon H. Kim said:  “Malcolm Harris schemed to bribe a foreign official, then double-crossed his alleged co-conspirators by pocketing the half-million dollars intended to be bribes.  Harris’s international bribery and fraud scheme centered around a Korean construction company’s attempt to sell a 72-story skyscraper in Vietnam through corruption.  This sentence and the prosecution of Harris and his co-conspirators, Joo Hyun Bahn, and Ban Ki Sang should send a message that if you bring international corruption to New York, you may very well find yourself in a Manhattan federal court being sentenced to significant time in a federal prison.”

According to the Indictment to which HARRIS pled guilty, statements made during the plea and sentencing proceedings, and statements made at other court proceedings: 

From in or about March 2013 through in or about May 2015, HARRIS’s co-defendants Joo Hyun Bahn, a/k/a “Dennis Bahn” (“Bahn”), and his father Ban Ki Sang (“Ban”) engaged in an international conspiracy to bribe Foreign Official-1 in connection with the attempted $800 million sale of a building complex in Hanoi, Vietnam, known as Landmark 72.  During this time, Ban was a senior executive at Keangnam, a South Korean construction company that built and owned Landmark 72.  Ban convinced Keangnam to hire his son Bahn, who worked as a broker at a commercial real estate firm in Manhattan, to secure an investor for Landmark 72. 

Instead of obtaining financing through legitimate channels, Bahn and Ban engaged in a corrupt scheme to pay $2.5 million in bribes to Foreign Official-1, through HARRIS, who held himself out as an agent of Foreign Official-1, to induce Foreign Official-1 to use his influence to convince the Fund to acquire Landmark 72 for approximately $800 million.  In furtherance of the scheme, HARRIS sent Bahn numerous emails purportedly sent by Foreign Official-1 and bearing Foreign Official-1’s name.  In or about April 2014, following communications with HARRIS, Bahn and Ban agreed to pay, through HARRIS, a $500,000 upfront bribe and a $2 million bribe upon the close of the sale of Landmark 72 to Foreign Official-1 on behalf of Keangnam. 

Unbeknownst to Bahn or Ban, however, HARRIS did not have the claimed relationship with Foreign Official-1 and did not intend to pay the bribe money to Foreign Official-1.  Instead, HARRIS simply stole the $500,000 upfront bribe arranged by Bahn and Ban, which HARRIS then spent on lavish personal expenses, including rent for a luxury penthouse apartment in Williamsburg, Brooklyn.

In addition to the prison sentence, HARRIS, 53, of New York, New York, was sentenced to three years of supervised release and ordered to pay forfeiture of $500,000 and restitution of $760,148.57 to victims.

Trial in Bahn’s case is scheduled to begin on February 5, 2018, before Judge Ramos.  Ban is a fugitive believed to be residing in South Korea.  All defendants are presumed innocent unless and until convicted beyond a reasonable doubt in a court of law.

Mr. Kim praised the outstanding investigative work of the International Corruption Squad of the FBI’s New York Field Office.  Mr. Kim also thanked the Department of Justice’s Office of International Affairs for its ongoing assistance in this case. 

Acting Manhattan U.S. Attorney Announces Return Of 95 Artworks Linked To Brazilian Money Laundering

   Joon H. Kim, the Acting United States Attorney for the Southern District of New York, and Matthew Etre,Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (“ICE”) Homeland Security Investigations (“HSI”) Boston Office, announced today the return of 95 works of art, previously acquired by Edemar Cid Ferreira, the former president of Banco Santos, S.A. (“Banco Santos”), in connection with money laundering and other crimes he committed in Brazil against the national financial system.  The 95 works of art will be returned to the Judicial Administrator of Banco Santos’s bankruptcy estate (the “Judicial Administrator”).  These works, which were recovered through an investigation by HSI and the United States Attorney’s Office for the Southern District of New York (the “U.S. Attorney’s Office”), will be returned pursuant to a Stipulation and Order between the U.S. Attorney’s Office and the Judicial Administrator, which was entered today by United States District Judge Lorna G. Schofield.

Acting Manhattan U.S. Attorney Joon H. Kim said:  “Our Office is proud of our role in returning these treasured works of art.  These works were used to mask an audacious criminal scheme by Edemar Cid Ferreira.  Thanks to the diligent efforts of our Office and HSI, these treasured pieces will be returned to their rightful owner, the bankruptcy estate of Ferreira’s insolvent Banco Santos.”

HSI Special Agent in Charge Matthew Etre said:  “Protecting the cultural heritage of our global community is important work and we are committed to identifying and returning these priceless items to their proper place.  It’s the responsibility of law enforcement worldwide to ensure criminals do not profit from the theft of these culturally and historically valuable items.”

The 95 works of art being returned to the Banco Santos Judicial Administrator once belonged to Brazilian banker Edemar Cid Ferreira, the founder and former president of Banco Santos.  Ferriera was convicted in Brazil of crimes against the national financial system and money laundering.  In December 2006, Ferreira was sentenced in Brazil to 21 years in prison.  Banco Santos ultimately entered bankruptcy.

As part of the case, a Sao Paulo Court Judge also ordered the search, seizure, and confiscation of assets that Ferreira, his associates, and members of his family had acquired with unlawfully obtained funds from Banco Santos.  Those assets included an extensive art collection, valued in the tens of millions of dollars.  The art collection was kept in several locations, including Ferreira’s home in the Morumbi neighborhood of Sao Paulo, the main offices of Banco Santos, and at a holding facility.  When Brazilian authorities searched these locations, they found that much of the collection was missing.

The Sao Paulo Court sought Interpol’s assistance after searching museums and institutions in Brazil for the missing artwork.  In October and November 2007, Interpol and the Government of Brazil sought the assistance of the United States to locate and seize the missing works on behalf of the Brazilian government.  The ensuing U.S. Attorney’s Office and HSI investigation found that large numbers of works of art had been smuggled out of Brazil by Ferreria and companies associated with him, and into the United States and various European nations. 

Through their investigation, HSI and the U.S. Attorney’s Office located and recovered the sculpture “Woman” by Henry Moore, from France, seven works from the United Kingdom, and 85 works from the Netherlands.  Two additional works were voluntarily turned over to HSI by third parties in the United States.  These 95 works will now by returned to the Judicial Administrator so they may be disposed of and distributed as part of the Banco Santos bankruptcy estate, under the jurisdiction of the Brazilian Bankruptcy Court.    

The U.S. Attorney’s Office previously repatriated five other works smuggled into the United States, which were seized by HSI and the subject of a successful civil forfeiture action brought by the U.S. Attorney’s Office: “Hannibal” by Jean-Michel Basquiat, “Modern Painting with Yellow Interweave” by Roy Lichtenstein, “Figures dans une structure” by Joaquin Torres-Garcia, “Composition abstraite” by Serge Poliakoff, and a Roman Togatus statue.  

Mr. Kim praised the investigative work of HSI in helping to locate and recover the artworks.  He was grateful for the assistance of the Department of Justice’s Office of International Affairs.  Mr. Kim thanked Brazilian authorities for their assistance in the case.  He also acknowledged the assistance of the U.S. Department of State and the U.S. Embassy in Brazil for their assistance in the investigation.

FORMER RIKERS ISLAND INMATE INDICTED FOR ATTACKING DEPARTMENT OF CORRECTION OFFICER

Defendant Head-Butted CO, Causing Him To Fall Off Bus And Suffer Multiple Fractures to Arm, Cut Over Eye

  Bronx District Attorney Darcel D. Clark today announced that a Manhattan man has been indicted for assaulting a New York City Department of Correction officer on a bus transporting him to a jail on Rikers Island, causing debilitating injuries. 

   District Attorney Clark said, “This defendant allegedly head-butted the officer when they were on a bus, causing the officer to fall down the stairs and onto the ground. The officer suffered a cut over his eye requiring sutures, and multiple fractures to his arm. He is still receiving treatment for his eye. The defendant was released from Rikers after serving time for a misdemeanor; now he could face years in prison if convicted for his brutal act.” 

   District Attorney Clark said the defendant, Yacoub Bamba, 18, of 492 First Avenue, Manhattan, was indicted for Aggravated Assault of a Police or Peace Officer, first-degree Assault, second-degree Assault, two counts of third-degree Assault, Obstructing Governmental Administration and Harassment. He was arraigned today before Bronx Supreme Court Justice George Villegas and bail was set at $15,000. He is due back in court on October 26, 2017. If convicted of the top charge, he faces five to 25 years in prison. 

  According to the investigation, on June 9, 2017, the correction officer was transporting inmates back to their housing areas on Rikers Island. The defendant, who was housed in the George Motchan Detention Center, demanded to be let off the bus before it reached his facility and when the officer refused, Bamba pushed the officer and head-butted him. The officer fell down the stairs of the bus and suffered the injuries. He was able to call out to his partner, who saw him bleeding on the ground.

  An indictment is an accusatory instrument and not proof of a defendant’s guilt.