STATEMENT FROM COUNCIL MEMBER ANDY KING REGARDING TRIAL DATE SET FOR NYPD SGT WHO FATALLY SHOT BRONX WOMAN IN 2016

   “Every other year a police officer kills a black person in a black community.  I am convinced that Deborah Danner, a senior wielding a baseball bat, could have and should have been restrained, not killed.  If this individual was not a police officer, this individual would be charged with murder even if someone had a baseball bat.  Justice must prevail and these officers must go to jail. Yes, we need better training for these officers but that doesn't discount the need for real accountability,” said Council Member Andy King, 12th Council District. 

Acting Manhattan U.S. Attorney Announces Conviction Of Frank Mercedes On Murder Charges

  Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced that FRANK MERCEDES was found guilty yesterday of murder in connection with a drug conspiracy, murder-for-hire, murder-for-hire conspiracy, and use of a firearm resulting in death, for his role in the murder of Richard Diaz, 28, in Manhattan in 1999.  MERCEDES was convicted after a one-week jury trial before U.S. District Judge Richard J. Sullivan. 

Acting U.S. Attorney Joon H. Kim said: “Thanks to the work of dedicated agents, detectives, and prosecutors who relentlessly pursued justice, the cold-case murder of an innocent 28-year-old man has been solved after more than 18 years.  We hope the verdict brings some measure of peace to Richard Diaz’s family.” 

   

According to the evidence introduced at trial, other proceedings in this case, and documents previously filed in Manhattan federal court:

FRANK MERCEDES, a/k/a “Jabao,” ran a significant drug enterprise in Upper Manhattan in the late 1990s.  In the summer of 1999, MERCEDES hired three men, including Jose Luis Gracesqui, a/k/a “Muffler,” to kill one of his drug customers (the “Intended Victim”) after the Intended Victim and a number of his associates stole heroin from MERCEDES.

On the night of July 19, 1999, Gracesqui and a member of his crew saw the Intended Victim in a car with Richard Diaz and began following them through Manhattan.  When the car with the Intended Victim stopped at a red light, Gracesqui got out of the car that he had been in, approached the car with the Intended Victim, and began shooting.  The shots hit both the Intended Victim and the driver of the car, Richard Diaz.  Diaz was able to drive a short distance to the Henry Hudson Parkway, until he lost consciousness and died.  The Intended Victim sustained injuries but survived.   Shortly thereafter, MERCEDES met with Gracesqui and the other members of the hit team to pay them tens of thousands of dollars in exchange for committing the murder. 

MERCEDES, 51, from the Dominican Republic, faces a mandatory minimum sentence of life in prison.  MERCEDES is scheduled to be sentenced on April 4, 2018, before Judge Sullivan. 

Gracesqui was previously convicted in January 2016 of charges relating to his role in the murder of Richard Diaz, and is currently serving a life sentence. 

Mr. Kim praised the investigative work of the U.S. Drug Enforcement Administration (DEA) New York Drug Enforcement Task Force, which is comprised of agents, detectives and investigators from the DEA, the New York City Police Department and the New York State Police.  Mr. Kim also thanked the NYPD.

NEWs from U. S. SENATOR CHARLES SCHUMER

SCHUMER: STATEN ISLAND HAS HIGHEST RATE OF TEEN E-CIG USE IN NYC, WITH USE OF E-CIGS BEING FUELED BY ‘JUUL’ & OTHER NEW E-CIGS; NEW TYPE IS ODORLESS, LOOKS LIKE A SCHOOL SUPPLY & KIDS CAN CHARGE IT IN CLASSROOM, THEN PUFF AWAY; SENATOR DEMANDS FDA DO ITS JOB & REGULATE DEVICES LACED WITH ‘MYSTERY CHEMICALS’ NOW THAT 1 IN 5 NY KIDS ARE HOOKED

 New Study Shows 20% Of New York Kids Are Using E-Cigs; Almost Double National Avg; In 2015, 19 Percent of SI High School Students Had Used E-Cigs, Highest in NYC

Latest Nicotine-Charged E-Cig—‘Juul’—Promises The Nicotine Of An Entire Pack Of Actual Cigs & Even Masks As A Classroom Gadget; Students Say It Fools Teachers; Health Experts Warn It’s The Kids Being Fooled With ‘Mystery Chemicals’ 

Schumer To FDA: It’s High Time To Smoke Out Dangerous E-Cigs Before More SI Kids Get Hooked

  Standing at Susan Wagner High School on Staten Island alongside local advocates, U.S. Senator Charles Schumer today urged the Food and Drug Administration (FDA) to reverse a recently made decision to delay the regulation of e-cigarettes popular among teens, like new-age products dubbed ‘Juul.’ Specifically, Schumer is referencing how in May 2017, the FDA delayed crucial regulatory compliance deadlines for tobacco and e-cigarette products, which were on track because of a 2016 rule. According to the most recent data available (2015), Staten Island had the highest rate of e-cigarette use among public high school students in New York City. The FDA’s delay, coupled with new information showing that 1 in 5 New York high schoolers are using e-cigarettes has prompted Schumer to act.

Schumer was joined by Assemblyman Michael Cusick; Deputy Commissioner Sonia Angell, MD, MPH of NYC Department of Health and Mental Hygiene; Michael Seilback, Vice President of Public Policy & Communications at the American Lung Association; and Ashley Zanatta, Community Engagement Manager for Tobacco-Free Staten Island.

“To know that New York kids, like those on Staten Island, are much more likely to be using these newly-crafted e-cig devices, like Juul, is not only concerning, but it could be dangerous,” said U.S. Senator Charles Schumer. “Up until now, the FDA was on track to reign in e-cigs and regulate them like any other tobacco product, but this recent delay, coupled with the new numbers showing a rise in the use of gadgets like Juul, which can fool teachers and be brought to school, demands the FDA smoke out dangerous e-cigs and their mystery chemicals before more Staten Island kids get hooked.”

SCHUMER REVEALS: MTA/LIRR TRAINS CARRYING CARGO & SUPPLIES PASS THROUGH GARDEN CITY NEIGHBORHOOD WITHOUT EVEN THE SIMPLEST OF SAFETY PRECAUTIONS IN PLACE AT GRADE CROSSING; NO REAL WARNINGS OF ONCOMING TRAINS; CITING NEIGHBOR COMPLAINTS & ALONGSIDE DANGEROUS PHOTO PROVING POINT, SENATOR URGES SWIFT SAFETY ACTION BEFORE IT’S TOO LATE

Schumer Says Garden City Neighborhood That Includes Area Along Washington Street Is Made Less Safe Because A Rail Line Where Trains Sometimes Travel Has No Real Protections In Place To Warn Of Oncoming Trains

Schumer, Who Has Long Fought To Make Grade Crossings Safer, Reveals Shocking Photo Of Garden City Crossing As Train Passes; Senator & LI Residents Call On MTA To Review Grade Crossings & Work With Local Community On Protections

Schumer To MTA: It is Better To Be Safe Than Sorry With Garden City Grade Crossing 

  Standing alongside the rail tracks at Washington Avenue and St. James Street in Garden City, with a father who took a shocking photo that revealed an MTA train passing through the unprotected intersection while a green traffic light glows, U.S. Senator Charles E. Schumer warned about the dangers of this particular grade crossing. The senator pointed out that there are no real safety measures in place and demanded the MTA work with local community members on a solution before to prevent a future accident, injury or tragedy.  

“They say a picture is worth a thousand words. Well, this photo here, of this less-than-safe intersection is worth a thousand reasons for the MTA to investigate, coordinate with the Garden City community and take measures to make it safer,” said U.S. Senator Charles Schumer. “This photograph showing the train traveling through the intersection while the green traffic light signals cars to ‘go’ paints a dangerous picture of what could happen if, heaven forbid, a driver wasn’t paying close attention or a runner was in their stride with their earbuds on. This Garden City intersection, as well as the one east of here at Clinton Road, are quite simply accidents waiting to happen and it’s critical the MTA visit these sites immediately and work with neighbors and community leaders to make necessary safety improvements.”

Schumer, standing alongside concerned neighbors, noted a recent incident in which a train traveled through the intersection while a green traffic light signaled drivers to proceed. Schumer noted this has happened before and that neighbors have made it clear: they want action. There is even video of a separate incident on YouTube where an MTA employee jumps out of the moving train to play the part of a grade crossing. Schumer, today, said that given all of this, it’s better to be safe than sorry, and called on the MTA to visit the grade crossings and work with the local community to make the appropriate and necessary safety upgrades that protect the walkable Garden City neighborhood.

“You don’t have to be a railroad engineer to figure out that this situation is a formula for disaster,” said Schumer. “The MTA should move ASAP to get on the same page with the community and make the safety upgrades to these crossing that will keep residents safe and prevent a future tragedy.”

According to the MTA, this particular train track—known as the Garden City-Mitchell Field Secondary-- is used to support and transport materials used for track work. The rail line spurs off the Hempstead LIRR commuter line and on to Washington Avenue in Garden City. The track then continues on to Nassau Community College and was used years ago when Ringling Brothers’ Circus used the Garden City Yard to store boxcars. At the time, police would block off the grade crossings as the train pulled through, however, now that the tracks are used solely to support track work, police no longer block off this intersection or the intersections that follow the route: Clinton Road, and Quentin Roosevelt Boulevard.

‘Operation Lifesaver,’ a national nonprofit organization dedicated to rail safety education, reports a person or vehicle is hit by a train every three hours. Ninety five percent of all fatalities on U.S. railroads are due to people trying to beat a train at a crossing or walking on railroad tracks. Schumer said that many of these deaths are preventable. Across the country, there are 140,000 miles of railroad track and 212,000 rail-highway grade crossings. Approximately half of public rail crossings are ‘active’ crossings, which have either protective gates or flashing lights to warn whether a train is coming. The other half of public rail crossings are ‘passive’ crossings, which only have a cross buck sign at the crossing and drivers must slow down to look for an oncoming train. FRA safety data shows that nearly half of crossing collisions are at active crossings.

Between 2005 and 2014, there were 341 Railway Grade Crossing Incidents that resulted in 59 fatalities and 96 injuries in New York.

Schumer has a long history in pushing to improve rail grade crossings and in 2015 introduced the Highway-Rail Grade Crossing Safety Act, which would provide new resources to the Federal Railroad Administration (FRA), states and communities to make critical engineering and safety upgrades at rail crossings, like installing new lights and signals, particularly at accident-prone crossings. It would also provide grant funding to strengthen education and public awareness of grade crossing dangers, and for law enforcement to reduce violations of traffic laws at crossings. 

EDITOR'S NOTE:

It is nice to know that U.S. Senator Charles Schumer cares about issues that effect the Bronx like E-Cigs and MTA trains, but to bad its not here such as where the MTA train derailed in the Bronx. Maybe he should stay in Staten Island and out on Long Island.

SECOND ANNUAL THANKSGIVING TO GO

  The Bharati Dance Academy and Assemblyman Luis Sepulveda held their second annual Thanksgiving To Go event in front of Assemblyman Sepulveda's office on Westchester Avenue. 

  Bharati S Kemraj (of Bharati Dance Academy) and Ibrahim Shatara (chief of staff, subbing for his boss Assemblyman Sepulveda) in front of Assemblyman Sepulveda's office, begin the 2nd annual Thanksgiving food give away to the community. Members of Community Board 9, staff members of Assemblyman Sepulveda's office, and community people prepared 100 meals for members of the community to have. Also given out was water or juice for children, and a bag of canned goods. The photos below will show more of this event.

Above - Bharati is giving instructions to some of the volunteers who came to help the Thanksgiving to go event.

Below - Packaged meals and bottled water or juice packs were on one table for passing community members to have.

Above - On the second table was canned goods that were placed in a bag for community members to have.

Below - Bharati and Ibrahim (as you can see are a little nervous) await the beginning of the food give away.

Above - There was enough time for Bharati to get a selfie in. Yes, members of the 43rd Precinct were also on hand.

Below - Most of the volunteers and Senator Sepulveda's staff members poise for the photo. as you can see the pile of packaged meals has gone down. In less than one hour 100 packaged meals were given out to community members, along with water or juice, and a bag of canned goods.

CITY HALL AND GRACIE MANSION GO ORANGE IN HONOR OF THE INTERNATIONAL DAY FOR THE ELIMINATION OF VIOLENCE AGAINST WOMEN

  For the third consecutive year, Gracie Mansion and City Hall will be lit orange—the color adopted by the UN Secretary-General’s UNiTE to End Violence Against Women campaign to symbolize hope for a violence-free future—in a show of solidarity with the global community and as a vivid symbol of commitment to ending all violence against women and girls in New York City. The lighting will also commemorate the start of the 16 Days of Activism against Gender-Based Violence, which begins on November 25, the International Day for the Elimination of Violence Against Women, and ends on December 10, Human Rights Day. During this time, the NYC Commission on Gender Equity, Co-Chaired by the First Lady of New York Chirlane McCray, and the Mayor's Office for International Affairs will work to raise public awareness and mobilize people to prevent and end violence against women, girls and transgender and gender nonconforming individuals in the city, and to encourage all to #OrangetheWorld.‎

Wave Hill Events Dec 8–Dec 15 Holiday Workshop Weekend

Bring family or a friend to Wave Hill’s signature Holiday Workshop Weekend for a chance to go DIY in a naturally serene setting. I am always grateful that I have the gardens as a destination during the holiday season. The noise and hustle and bustle elsewhere in the tri-state area can be overwhelming—just when I realize I really need to slow down. Even better, there is a project for everyone, no matter what tradition you celebrate at year’s end.

Thu, December 7‒Fri, December 22    Members Sale in The Shop at Wave Hill

Wave Hill Members enjoy a discount of 20% on all their purchases in The Shop, from December 1 through December 22. 

PERKINS VISITOR CENTER, 10AM‒4PM

Sat, December 9    Family Art Project: Put Wave Hill in the Palm of Your Hand

Working with the hamsa, or hamesh, the multicultural symbol of an open hand, explore the spiritual side of the holidays and celebrate the universal human desire for protection and peace. Trace your hand, or use a template, to make a palm-shaped amulet. Decorate it with winter scenes from Wave Hill or with natural materials found on the grounds. Embellish with beads, yarn or sequins, and string several together to form a poignant hanging. Free, and admission to the grounds is free until noon.

WAVE HILL HOUSE, 10AM‒1PM

Sat, December 9    Holiday Workshop Weekend: Mulled Cider Kits

Drop by this weekend to create your own gifts and holiday decorations inspired by the gardens at Wave Hill. Create mulled cider/wine kits using fragrant winter spices, with a handmade tag for a delicious seasonal gift. Sip a complimentary cup of cider while you assemble your treat! $15 materials fee per project. Admission to the grounds is not included in the materials fee. Children eight and older welcome with an adult.

WAVE HILL HOUSE, 11AM‒3PM

Sat, December 9    Holiday Workshop Weekend: Natural Wreaths and Swags

Drop by this weekend to create your own gifts and holiday decorations inspired by the gardens at Wave Hill. Using fresh greens harvested from our gardens, design a verdant wreath or swag accented with natural materials and elegant accessories. Senior Horticultural Interpreter Charles Day demonstrates simple floral techniques and provides plenty of materials to fuel your creative spirit. $45 materials fee per project. Admission to the grounds is not included in the materials fee. Children eight and older welcome with an adult.

WAVE HILL HOUSE, 11AM‒3PM

Sat, December 9    Holiday Workshop Weekend: Miniature Arrangements

Drop by this weekend to create your own gifts and holiday decorations inspired by the gardens at Wave Hill. Fashion a pair of sweet miniature arrangements in tiny containers using fresh greens, pinecones and other natural materials. Director of Public Programs Laurel Rimmer offers creative guidance. $25 materials fee per project. Admission to the grounds is not included in the materials fee. Children eight and older welcome with an adult.

WAVE HILL HOUSE, 11AM‒3PM

Sun, December 10    Winter Birding

The Hudson River Valley hosts an impressive diversity of bird species during the winter months. Explore Wave Hill’s tranquil gardens and woodlands with naturalist Gabriel Willow to observe birds in their winter habitats. Birders of all levels welcome.Ages 10 and older welcome with an adult. Severe weather cancels. Free with admission to the grounds; NYC Audubon members enjoy two-for-one admission to the grounds. 

MEET AT PERKINS VISITOR CENTER, 9:30AM

Sun, December 10    Family Art Project: Put Wave Hill in the Palm of Your Hand

Working with the hamsa, or hamesh, the multicultural symbol of an open hand, explore the spiritual side of the holidays and celebrate the universal human desire for protection and peace. Trace your hand, or use a template, to make a palm-shaped amulet. Decorate it with winter scenes from Wave Hill or with natural materials found on the grounds. Embellish with beads, yarn or sequins, and string several together to form a poignant hanging. Free with admission to the grounds. 

WAVE HILL HOUSE, 10AM‒1PM

Sun, December 10    Holiday Workshop Weekend: Mulled Cider Kits

Drop by this weekend to create your own gifts and holiday decorations inspired by the gardens at Wave Hill. Create mulled cider/wine kits using fragrant winter spices, with a handmade tag for a delicious seasonal gift. Sip a complimentary cup of cider while you assemble your treat! $15 materials fee per project. Admission to the grounds is not included in the materials fee. Children eight and older welcome with an adult.

WAVE HILL HOUSE, 11AM‒3PM

Sun, December 10    Holiday Workshop Weekend: Natural Wreaths and Swags

Drop by this weekend to create your own gifts and holiday decorations inspired by the gardens at Wave Hill. Using fresh greens harvested from our gardens, design a verdant wreath or swag accented with natural materials and elegant accessories. Senior Horticultural Interpreter Charles Day demonstrates simple floral techniques and provides plenty of materials to fuel your creative spirit. $45 materials fee per project. Admission to the grounds is not included in the materials fee. Children eight and older welcome with an adult.

WAVE HILL HOUSE, 11AM‒3PM

Sun, December 10    Holiday Workshop Weekend: Miniature Arrangements

Drop by this weekend to create your own gifts and holiday decorations inspired by the gardens at Wave Hill. Fashion a pair of sweet miniature arrangements in tiny containers using fresh greens, pinecones and other natural materials. Creative guidance offered by Director of Public Programs Laurel Rimmer. $25 materials fee per project. Admission to the grounds is not included in the materials fee. Children eight and older welcome with an adult.

WAVE HILL HOUSE, 11AM‒3PM

Sun, December 10    Garden Highlights Walk

Join a Wave Hill Garden Guide for an hour-long tour of seasonal garden highlights. Free with admission to the grounds.

MEET AT PERKINS VISITOR CENTER, 2PM

Mon, December 11   

Closed to the public.

A 28-acre public garden and cultural center overlooking the Hudson River  and Palisades, Wave Hill’s mission is to celebrate the artistry and legacy of its gardens and landscape, to preserve its magnificent views, and to explore human connections to the natural world through programs in horticulture, education and the arts.

HOURS  Open all year, Tuesday through Sunday and many major holidays: 9AM–4:30PM, November 1–March 14. Closes 5:30PM, starting March 15.

ADMISSION  $8 adults, $4 students and seniors 65+, $2 children 6–18. Free Saturday and Tuesday mornings until noon. Free to Wave Hill Members and children under 6.

PROGRAM FEES  Programs are free with admission to the grounds unless otherwise noted.

Visitors to Wave Hill can take advantage of Metro-North’s one-day getaway offer. Purchase a discount round-trip rail far and discount admission to the gardens. More at http://mta.info/mnr/html/getaways/outbound_wavehill.htm

DIRECTIONS – Getting here is easy! Located only 30 minutes from midtown Manhattan, Wave Hill’s free shuttle van transports you to and from our front gate and Metro-North’s Riverdale station, as well as the W. 242nd Street stop on the #1 subway line. Limited onsite parking is available for $8 per vehicle. Free offsite parking is available nearby with continuous, complimentary shuttle service to and from the offsite lot and our front gate. Complete directions and shuttle bus schedule at www.wavehill.org/visit/.

Information at 718.549.3200. On the web at www.wavehill.org.

Councilman Andy King's Annual Toy Drive

Sayfullo Saipov Indicted On Terrorism And Murder In Aid Of Racketeering Charges In Connection With Lower Manhattan Truck Attack

  Jeff Sessions, the Attorney General of the United States, Joon H. Kim, Acting United States Attorney for the Southern District of New York, Dana J. Boente, Acting Assistant Attorney General for National Security, 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, the Commissioner of the Police Department for the City of New York (“NYPD”), announced that a grand jury in the Southern District of New York has returned a 22-count indictment (the “Indictment”) against SAYFULLO HABIBULLAEVIC SAIPOV in connection with SAIPOV’s alleged terrorist attack in lower Manhattan on October 31, 2017, which killed eight people and injured 12 more.  The Indictment charges SAIPOV with eight counts of murder in aid of racketeering, 12 counts of attempted murder in aid of racketeering, one count of providing and attempting to provide material support to the Islamic State of Iraq and al-Sham (“ISIS”), and one count of violence and destruction of a motor vehicle.  The case has been assigned to U.S. District Judge Vernon S. Broderick.

SAIPOV was initially arrested on a Complaint and presented before the Honorable Barbara Moses on November 1, 2017.  He was ordered detained and has been in federal custody since his arrest.  

Attorney General Jeff Sessions said:  “As alleged in this indictment, Sayfullo Saipov murdered eight innocent people and injured many more in a calculated act of terrorism in the heart of one of our great cities.  People have a right to safety walking down a sidewalk or riding a bike, and we will not change our resolve to confront these threats both at home and abroad.  I am especially proud today of the law enforcement officers who acted quickly and courageously to respond and to protect people from further harm.  We continue to offer our assistance, our support and our prayers to the victims of this attack and to all the people of New York City.”

Acting U.S. Attorney Joon H. Kim said:  “Consumed by hate and a twisted ideology, Sayfullo Saipov allegedly barreled down a pedestrian walkway and bicycle path on a sunny afternoon on the West Side of Manhattan, killing eight innocent people and injuring at least a dozen others.  As the scores of videos and images on his cellphone showed, Saipov’s depraved use of a rental truck as a weapon of terror was allegedly in support of the terrorist organization ISIS.  As of today, Saipov stands indicted of material support of terrorism, as well as eight counts of murder and 12 counts of attempted murder in aid of racketeering.  Like many terrorists before him, Saipov will now face justice in an American court.  And like New York City’s response to his alleged attack, we expect that justice in this case will be swift, firm, and resolute.”

FBI Assistant Director William F. Sweeney Jr. said:  “When Sayfullo Saipov carried out his brutal attack last month, his intentions were to inflict significant damage, death and injury to innocent victims and terrorize this city. We announce today’s indictment with the understanding that nothing can ever reverse the unfortunate events of that day, or alleviate the pain and sorrow of the victims’ families.  Today’s indictment should be a signal though that the rule of law will always prevail and we are dedicated to holding this perpetrator and anyone else who threatens to disrupt our most basic freedoms accountable for their criminal actions.”

As alleged in the Indictment and the Complaint:[1]

Islamic State of Iraq and Al-Sham

ISIS is a foreign terrorist organization based in the Middle East and Africa whose publicly stated purpose is the establishment of an Islamic state or caliphate based in the Middle East and Africa that encompasses all Muslims worldwide.  ISIS has pursued the objective of an Islamic state through, among other things, killing and deliberate targeting of civilians, mass executions, persecution of individuals and communities on the basis of their religion, nationality, or ethnicity, kidnapping of civilians, forced displacement of Shia communities and minority groups, killing and maiming of children, rape, and other forms of sexual violence.  ISIS has recruited thousands of foreign fighters from across the globe to assist with its efforts to expand its so-called caliphate in Iraq, Syria, and other locations in Africa and the Middle East, and has leveraged technology to spread its violent extremist ideology and for incitement to commit terrorist acts. 

ISIS, including its leadership, membership, and associates, constitutes an “enterprise,” as that term is defined in Title 18, United States Code, Section 1959(b)(2) – that is, a group of individuals associated in fact, although not a legal entity, which is engaged in, and the activities of which affect, interstate and foreign commerce.  ISIS members and associates make and have made public statements and issued public declarations, which, among other things: (i) proclaimed and acknowledged acts of violence had been committed by ISIS; (ii) threatened future acts of violence if ISIS’s demands were not met; and (iii) were intended to promote and foster the prestige and standing of ISIS.  ISIS has specifically distributed propaganda designed to encourage ISIS followers to commit acts of violence using vehicles as weapons.   

The October 31, 2017, Truck Attack

On October 31, 2017, at approximately 3:00 p.m., SAIPOV drove a rented flatbed truck (the “Truck”) from New Jersey over the George Washington Bridge into New York City.  After SAIPOV entered New York City, he proceeded in the Truck to the West Side Highway and began traveling southbound.  Once SAIPOV was in the vicinity of Houston Street in Manhattan, he drove the Truck onto the bike lane and pedestrian walkway of the West Side Highway.  SAIPOV then drove down the walkway for several blocks, striking numerous civilians.  SAIPOV eventually collided with a school bus, which was carrying occupants in the vicinity of West Street and Chambers Street, at which point the Truck came to a halt. 

After SAIPOV collided with the school bus, he exited the driver’s door of the Truck with two objects in his hands that appeared to be firearms.  Moments after SAIPOV got out of the Truck, he yelled, in substance and in part, “Allahu Akbar,” which is an Arabic phrase that translates to “God is Great.”

SAIPOV was shot by a law enforcement officer and taken into custody.  Law enforcement officers subsequently recovered in the vicinity of the Truck, among other things, a paintball gun, a pellet gun, a stun gun, and three knives.  Law enforcement officers also recovered, approximately ten feet from the driver’s door of the Truck, a document that contained, among other things, the Arabic text for “No God but God and Muhammad is his Prophet” and “Islamic Supplication.  It will endure.”  “It will endure” is commonly used to refer to ISIS.  Cellphones recovered from the Truck contained, among other things, videos and images of ISIS propaganda, and internet searches for truck rentals and for Halloween in New York City.  

After SAIPOV was taken into custody, he was transferred to Bellevue Hospital, where he made statements to law enforcement officers after waiving his Miranda rights.  During that interview, SAIPOV stated, among other things, the following: 

• SAIPOV was inspired to carry out the Truck attack by ISIS videos he had watched on his cellular phone.  
   
• Approximately one year ago, SAIPOV began planning an attack in the United States.  Approximately two months ago, he decided to use a truck to inflict maximum damage against civilians.  On or about October 22, 2017, SAIPOV rented a truck so he could practice making turns in advance of his attack. 

• SAIPOV planned to use the Truck to strike pedestrians in the vicinity of the West Side Highway and then proceed to the Brooklyn Bridge to continue to strike pedestrians.  SAIPOV wanted to kill as many people as he could.  SAIPOV chose October 31, Halloween, for the attack because he believed there would be more civilians on the street for the holiday.  
   
• SAIPOV wanted to display ISIS flags in the front and back of the Truck during the attack, but decided against it because he did not want to draw attention to himself.  SAIPOV requested to display ISIS’s flag in his hospital room and stated that he felt good about what he had done.
   
  Eight individuals died from the injuries they sustained as a result of the Truck driving on the walkway and at least 12 additional individuals were injured. 

SAIPOV, 29, of Paterson, New Jersey, was initially arrested by the NYPD on October 31, 2017.  A chart containing the charges and maximum penalties against SAIPOV is set forth below.  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 a judge. 

Mr. Kim, Attorney General Sessions, and Mr. Boente praised the outstanding investigative efforts of the FBI, the NYPD, and the Department of Homeland Security, Homeland Security Investigations (“HSI”).  SAIPOV’s arrest is the result of the close cooperative efforts of the U.S. Attorney’s Office for the Southern District of New York, the FBI’s Joint Terrorism Task Force – which consists of law enforcement officers of the FBI, NYPD, HSI, and other agencies – and the U.S. Department of Justice’s National Security Division.  Mr. Kim also thanked the U.S. Department of Justice’s Organized Crime and Gang Section, Office of Enforcement Operations, and Capital Case Section for their exceptional assistance. 

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 texts of the Indictment and the Complaint, and the descriptions of the Indictment and the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.

COUNT	CHARGES	MAXIMUM PENALTIES ON EACH COUNT
1-8	Murder in Aid of Racketeering	Life in prison or death
9-20	Attempted Murder in Aid of Racketeering	10 years in prison
21	Providing and Attempting to Provide Material Support to a Designated Foreign Terrorist Organization	Life in prison