Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - OCTOBER 13, 2022

 Governor Encourages New Yorkers to Keep Using the Tools to Protect Against and Treat COVID-19: Vaccines, Boosters, Testing, and Treatment

29 Statewide Deaths Reported Yesterday

 Governor Kathy Hochul today updated New Yorkers on the state's progress combating COVID-19.

"I urge New Yorkers to take advantage of all available tools to keep themselves, their loved ones and their communities safe and healthy this fall," Governor Hochul said. "Stay up to date on vaccine doses, and test before gatherings or travel. If you test positive, talk to your doctor about potential treatment options."

Governor Hochul continues to urge New Yorkers to get their bivalent COVID-19 vaccine boosters from Pfizer-BioNTech for anyone age 12 or older and from Moderna for those 18 or older. On October 12, the bivalent booster was approved by the FDA and CDC for anyone age 5 and older for the Pfizer-BioNTech and 6 and older for Moderna, and these will be available in the coming days. To schedule an appointment for a booster, New Yorkers should contact their local pharmacy, county health department, or healthcare provider; visit vaccines.gov; text their ZIP code to 438829, or call 1-800-232-0233 to find nearby locations.

In addition, Governor Hochul is encouraging New Yorkers to get their annual flu vaccine as flu season is already widespread across New York State. The flu virus and the virus that causes COVID-19 are both currently circulating, so getting vaccinated against both is the best way to stay healthy and to avoid added stress to the health care system.

The State Department of Health on Saturday announced the launch of its annual public education campaign, reminding adults and parents to get both flu and COVID-19 shots for themselves and children 6 months and older. The advertisements, which will run in both English and Spanish language, began running on Monday, October 10.

Today's data is summarized briefly below:

• Cases Per 100k - 24.61
• 7-Day Average Cases Per 100k - 19.53
• Test Results Reported - 66,784
• Total Positive - 4,810
• Percent Positive - 6.76%**
• 7-Day Average Percent Positive - 6.42%**
• Patient Hospitalization - 2,663 (+5)
• Patients Newly Admitted - 499
• Patients in ICU - 280 (+16)
• Patients in ICU with Intubation - 84 (-6)
• Total Discharges - 350,120 (+471)
• New deaths reported by healthcare facilities through HERDS - 29
• Total deaths reported by healthcare facilities through HERDS - 58,383

** Due to the test reporting policy change by the federal Department of Health and Human Services (HHS) and several other factors, the most reliable metric to measure virus impact on a community is the case per 100,000 data -- not percent positivity.

The Health Electronic Response Data System is a NYS DOH data source that collects confirmed daily death data as reported by hospitals, nursing homes and adult care facilities only.

Important Note: Effective Monday, April 4, the federal Department of Health and Human Services is no longer requiring testing facilities that use COVID-19 rapid antigen tests to report negative results. As a result, New York State's percent positive metric will be computed using only lab-reported PCR results. Positive antigen tests will still be reported to New York State and reporting of new daily cases and cases per 100k will continue to include both PCR and antigen tests. Due to this change and other factors, including changes in testing practices, the most reliable metric to measure virus impact on a community is the case per 100,000 data -- not percent positivity.

• Total deaths reported to and compiled by the CDC - 74,542

This daily COVID-19 provisional death certificate data reported by NYS DOH and NYC to the CDC includes those who died in any location, including hospitals, nursing homes, adult care facilities, at home, in hospice and other settings.

Each New York City borough's 7-day average percentage of positive test results reported over the last three days is as follows **:

Borough	Monday,   October   10, 2022	Tuesday,   October   11, 2022	Wednesday,   October   12, 2022
Bronx	5.03%	4.84%	4.84%
Kings	3.93%	3.39%	3.48%
New York	4.85%	4.73%	4.92%
Queens	5.95%	5.92%	5.93%
Richmond	7.44%	7.50%	7.22%

Two Bronx Gang Members Charged With Murder

 

 Damian Williams, the United States Attorney for the Southern District of New York, and Keechant L. Sewell, Commissioner of the New York City Police Department (“NYPD”) announced today the unsealing of an Indictment charging JUSTIS COLON and ARIEL MARTINEZ with racketeering conspiracy, murder in aid of racketeering, murder with a firearm, attempted murder, assault with a deadly weapon in aid of racketeering, and other firearms offenses relating to COLON and MARTINEZ’s participation in the murder of Joshua Garcia and the non-fatal shooting of two other victims on April 23, 2022, in the Bronx, New York. 

COLON and MARTINEZ were taken into federal custody from state custody and will be presented today before Magistrate Judge Katharine H. Parker.  The case is assigned to U.S. District Judge Victor Marrero.

U.S. Attorney Damian Williams said:  “As alleged, the defendants participated in a gang shooting that killed Joshua Garcia and left two other victims injured.  We continue our daily work with our law enforcement partners to vigorously investigate and prosecute those who bring violence to our streets.”

NYPD Commissioner Keechant L. Sewell said:  “The fusillade of bullets that killed Joshua Garcia in April and wounded two other victims is a level of violence that shocks the conscience and can never be accepted.  Now, thanks to our determined investigation, the two alleged gang members charged in this case will face swift and meaningful punishment – a message to anyone else considering such violence on our city streets.  I commend our NYPD investigators, together with the prosecutors in the U.S. Attorney’s Office for the Southern District of New York, for their work in this important case.”

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

From at least 2014 to 2022, JUSTIS COLON, a/k/a “Jus Blaze,” a/k/a “JB,” a/k/a “Bin Laden,” and ARIEL MARTINEZ, a/k/a “Rel,” were members or associates of a gang based in the Castle Hill neighborhood of the Bronx known as “670.”   

In order to fund the 670 gang, protect and expand its interests, and promote its standing, members and associates of 670 committed, conspired, attempted, and threatened to commit acts of violence against rival gang members, including murder and assault; conspired to distribute and possess with intent to distribute narcotics, including heroin, “crack” cocaine, oxycodone, and marijuana; committed check fraud and unemployment fraud; committed commercial burglaries; and obtained, possessed, and used firearms, including by brandishing and discharging them. 

On April 23, 2022, during a shooting at rival gang members, COLON and MARTINEZ shot and killed Joshua Garcia and wounded two other victims in the vicinity of 1713 Clay Avenue in the Bronx, New York.

COLON, 25, and MARTINEZ, 23, both of the Bronx, New York, are each charged with one count of racketeering conspiracy, which carries a statutory maximum sentence of life in prison; one count of murder in aid of racketeering, which carries a statutory maximum sentence of death or life in prison and a mandatory minimum sentence of life in prison; one count of murder through use of a firearm, which carries a statutory maximum sentence of death or life in prison and a mandatory minimum sentence of five years in prison; two counts of attempted murder and assault with a dangerous weapon in aid of racketeering, which carries a statutory maximum of 20 years in prison; and two counts of using and carrying a firearm in furtherance of a crime of violence, during which the firearm was brandished and discharged, which each carry a statutory maximum of life in prison and a mandatory minimum sentence of 10 years in prison.    

The minimum and maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentence will be determined by the judge.

Mr. Williams praised the outstanding investigative work of the Special Agents of the United States Attorney’s Office for the Southern District of New York and the NYPD.  Mr. Williams also thanked the Office of the Bronx District Attorney for its assistance.

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 constitutes only allegations, and every fact described herein should be treated as an allegation.