ZARO'S WILL RETURN TO PARKCHESTER

World-renowned baker and Bronx institution will also expand commercial facility in Port Morris to include retail component

  Bronx Borough President Ruben Diaz Jr., Zaro’s Family Bakery and the Bronx Overall Economic Development Corporation announced today that the company would open a new retail location in Parkchester on Metropolitan Oval this coming fall.

Zaro’s closed their original Parkchester location on Hugh Grant Circle, which had originally opened in June 1959, at the end of 2015. In addition to returning to Parkchester, the company announced that it would open a retail location at their current Port Morris commercial baking facility in Spring 2018.

“Zaro’s has been a great neighbor to The Bronx ever since they first founded their business in our borough in 1927. Their return to Parkchester, as well as their expansion in Port Morris, shows that their commitment to The Bronx has not wavered one bit during the 90 years they have called our borough home,” said Bronx Borough President Ruben Diaz Jr. “I congratulate Zaro’s on their expansion, and wish them another successful 90 years right here in The Bronx.”

“The day our Parkchester store closed in December of 2016 was a sad day for the Zaro family. We felt we were an integral part of the community. There were customers there that day who told me they were there the day it opened in June of 1959 - almost 60 years ago. Needless to say we are overjoyed to be returning and look forward to opening this fall,” said Stuart Zaro, co-president of Zaro’s Family Bakery.

“I am thrilled to welcome Zaro’s back to Parkchester. They are bringing back not only fresh pastries and bagels to our community, but also additional job opportunities for our residents,” said Marlene Cintron, President of the Bronx Overall Economic Development Corporation (BOEDC). “We have reinvigorated The Bronx with multiple developments and investments; investments that include residential and commercial projects throughout The Bronx. The return of Zaro’s to Parkchester and the memories that the aroma of fresh baked goods creates are incalculable to our residents, young and old.

Zaro’s first opened in The Bronx on Edward L. Grant Highway in 1927, and has maintained a constant retail and commercial presence in the borough for 90 years. The company’s Port Morris facility opened in 1982, following previous commercial facilities in Hunts Point and on Kingsbridge Road. The company currently employs more than 125 individuals in The Bronx, and the two retail expansions are expected to generate an additional 40 jobs.

What Community Board is This, Was one member present or Absent, Why is he Listed Voting For Only One Item, and When Was the Meeting Adjourned?

I an not going after any member of this community board, but it is good that this is only a Draft copy one member sent me so the mistakes that I found in bold type can be fixed. 

DRAFT MINUTES SUBJECT TO COMMITTEE APPROVAL

Traffic and Transportation Meeting

July 10, 2017

Kingsbridge Heights Community Center

Kingsbridge Terrace

Committee Members Present:

Sylvia Alexander, Eric Dinowitz, Margaret Donato, Diomarys Escano, Myra Joyce, Joseph O’Brien, Dan Padernacht, Georgia Santiago, Laura Spalter, Herb Young

Committee Members Absent:

Eric Bell, David Gellman, Herb Young

General Attendance:

1. DDC appeared in front of the committee to give a presentation on the West 229th Street step street reconstruction and to ask that the scope of work be amended to remove the temporary staircase from the project.

Ali Malik – DDC, Maria Centeno – DDC, Charlie Martinez – Resident engineer for project

DDC explained the project. Project is to completely reconstruct the West 229th Street step street. 18 month construction period. DDC has chosen contractor. Notice to commence project has gone out.

Contractor stated he can do project in 12 months as opposed to 18 months if temporary staircase is removed from the scope of work. Detour is one block to 230th Street. DDC will maintain for 18 months and then community must go to agencies for maintenance. DDC believes step street will be good for 10 years. The project will start in a couple of months. There will be a community contact liaison (CCL). CCL will gather information and continue to update board members. Ali Malik said 231st Street and Sedgwick is next street to be done. D. Padernacht made a motion to remove the temporary staircase from the scope of work as requested by DDC. Chair O’Brien secondedmotion.

In Favor: Sylvia Alexander, Margaret Donato, Diomarys Escano, Myra Joyce, Joseph O’Brien, Dan Padernacht, Georgia Santiago, Laura Spalter

Opposed: None

Abstain: Eric Dinowitz

2. Budget consultation discussion. L.Spalter stated that the reconstruction of the step street at Summit Place and Bailey Avenuebe added to budget requests.

D. Padernacht made a motion that the reconstruction of the step street at Summit Place and Bailey Avenue be added to the T & T Committee budget requests. L. Spalter Seconded.

In Favor: Sylvia Alexander, Eric Dinowitz, Margaret Donato, Diomarys Escano, Myra Joyce, Joseph O’Brien, Dan Padernacht, Georgia Santiago, Laura Spalter

Opposed: None

Abstain: None

3. Unenclosed sidewalk application by Blackstone Bar & Grill. Steve Catechis appeared for the applicant. The sidewalk café will have 21 seats in 9 tables. Hopefully by end of summer the café will be open. Will be serving food. Applying to SLA to serve liquor outside. Tables will go inside each night. Entire sidewalk utilized is 14 feet width by 8 1⁄2 feet from corner. From wall of Blackstone. Will be temporary fencing which is removable and taken in each night.

D. Padernacht made a motion that the application be approved. M. Donato seconded the motion.

In Favor: Sylvia Alexander, Eric Dinowitz, Margaret Donato, Diomarys Escano, Myra Joyce, Joseph O’Brien, Dan Padernacht, Georgia Santiago, Laura Spalter

Opposed: None

Abstain: None

4. SAPO Application –St. Jemiel Back to School Rally with full street closure on September 2, 2017 to be held on Webb Avenue between West 197th Street and Reservoir Avenue. Eda Clarke Ramsey spoke on behalf of the applicant. This event has been held previously in Fort Independence Park in 2013. Event will run from 10am-4pm. 9am set up. Breakdown at 4pm. Out by 5pm. Funded by ACS and DOB. Full day care camp. Beginning of school year should be a good start. Want to have a block party with school supplies. Rides and attractions for kids. Inviting families to attend to do health care screening. Invited Board of Ed as well to give information to the community.

Approval conditioned on permits from other agencies. Chair O’Brien made a motion that the application be approved. D. Padernacht seconded the motion.

In Favor: Sylvia Alexander, Eric Dinowitz, Margaret Donato, Diomarys Escano, Myra Joyce, Joseph O’Brien, Dan Padernacht, Georgia Santiago, Laura Spalter

Opposed: None

Abstain: None

5. Broadway Corridor.

D. Padernacht noted that during the testimony from the community on the DOT proposal for changes to the Broadway Corridor, a member of the community stated how crosswalks needed to be re-striped. D. Padernacht presented several pictures in a PowerPoint Presentation which indicated several intersections from the city line to Manhattan College Parkway which showed crosswalks had faint markings or no markings at all. D. Padernacht made a motion for a resolution to send DOT a letter requesting it re-stripe each intersection from the city line to Manhattan College Parkway.

In Favor: Sylvia Alexander, Eric Dinowitz, Margaret Donato, Diomarys Escano, Myra Joyce, Joseph O’Brien, Dan Padernacht, Georgia Santiago, Laura Spalter, Herb Young

Opposed: None

Abstain: None

R. Ginty said many streets were being re-milled in North Riverdale. DOT will be striping anyway. R. Ginty asked if the committee could send in letter to DOT in time for re-milling.

New business:

Elevator at 242nd Street. Can we get elevator at 242nd Street. R. Ginty stated that there is a drop down menu for budget codes that we can use in our budget consultations. D. Padernacht made a motion that the Traffic and transportation Committee include a request for an elevator at the West 242nd Street Subway Station in the committee budget requests. S. Alexander seconded the motion.

In Favor: Sylvia Alexander, Eric Dinowitz, Margaret Donato, Diomarys Escano, Myra Joyce, Joseph O’Brien, Dan Padernacht, Georgia Santiago, Laura Spalter

Opposed: None

Abstain: None

Padernacht made motion. Sylvia Alexander seconded.

Georgia Santiago stated that someone was hit on West 230th Street today. We don’t always recognize all of the needs of the community. G. Santiago asked if we could have one police officer at that

intersection since it was so dangerous.

Assemblyman Dinowitz spoke about intersection. Said a capital project would be the best thing for the area.

B. Press spoke about 640 West 238th Street construction and said the building was almost complete. However, street is completely ripped up. B. Press would like developer to fix street completely. R. Ginty said it will probably be the last thing developer does before opening building.

David Bush asked for a 4 way stop sign on West 235th Street Oxford Avenue. Assemblyman Dinowitz said his office put in request. J. Stephenson said Council Member Cohen put in a request.

Assemblyman Dinowitz said the Bronx Park Commissioner and 50th Precinct Deputy Inspector and other officials were in his office to come up with solutions for the double parking of buses at Van

Cortlandt Park on Broadway during track meets. They want buses to park on Major Deegan service road by East 233rd street and McLean Avenue at the city line. Buses will go there and we will need

enforcement by PD and Parks Department. Buses must know about this and agencies must enforce. Assemblyman Dinowitz stated that having a dedicated place to go will be very helpful.

Meeting adjourned.

TESTIMONY OF BRONX BOROUGH PRESIDENT RUBEN DIAZ JR.

RE: MTA Public Hearing Regarding a Proposed Increase in Service at Metro-North’s Melrose and Tremont Stations August 23, 2017

  My office enthusiastically supports expanding the availability of Metro-North Commuter Railroad services at the Melrose and Tremont stations in The Bronx, and I am proud to testify in favor of such an expansion here today.

Perhaps not since the 1920’s, when 536,000 people made their way to The Bronx for the first time, has the borough sustained as much investment and development as we see taking place today. Across all our communities business and residential growth are breaking records, with over $3 billion committed to The Bronx during 2016. Residential investment was approximately $1.7 billion, $1.3 billion was invested in commercial development and $228 million in institutional development.

Looking specifically at the communities which are served by the Melrose station, we know that during 2016 in Bronx Community Districts #3 and #4, approximately 1.6 million square feet of new development was created. In Bronx Community District #6, the Tremont station’s service area, 3.7 million square feet of new development was built. 

Needless to say, this new development means more passengers wanting to reach more places. Ridership figures provided to my office by Metro-North support this observation, as the pilot program initiated by the railroad exceeded all ridership expectations.

Key to continuing this amazing growth is our ability to provide efficient and reliable transit services to The Bronx and our northern suburbs. We know that a substantial number of Bronx residents commute to Westchester County for employment. 

By expanding access to Melrose and Tremont this will not only offer more convenient commuter rail options, but by so doing, reduce reliance on our over-burdened highway network. Select Bus Service (SBS) on Webster Avenue and the soon-to-be SBS on 161^st Street connect to the Melrose or Tremont stations.

On a related matter, the Department of Parks and Recreation recently reached out to my office to solicit input regarding Railroad Park. Located on East 161^st Street, one block south of the Melrose station, it is now possible to imagine this park and its unique park-building as being able to afford Metro North passengers a place to stop at, or pass through as they make their way to a destination. My office looks forward to coordinating the various visions that the community, Metro-North and the Parks Department may want to propose for this strategic site.

As our city’s subway system’s ridership exceeds six million passengers per day and our roadway and highway network sustains record levels of use, expanding Metro North Railroad service is not only desirable but essential.  

I thank Metro-North for this opportunity to offer my comments. I look forward to not only seeing this expanded service provided to Melrose and Tremont, but even more exciting, the introduction of Metro-North Railroad transit to the communities of Co-op City, Morris Park, Parkchester-Van Nest and Hunts Point.

Using tracks laid out over a century ago, this entirely new railroad option will offer over 160,000 people who live within a mile of the four proposed railroad stations, one-seat transportation to Penn Station in Manhattan and along the New Haven Line, in Westchester and Fairfield Counties.

State Senator Gustavo Rivera and Assemblymember Victor M. Pichardo will host their annual Back to School event on Friday, August 25 from 3:00 P.M. to 6:00 P.M. at Devoe Park. 

This event is free and open to the public

Call Senator Rivera's office at 718-933-2034 for more information.

GUSTAVO RIVERA, VICTOR PICHARDO'S BILL TO ALLOW CATHOLIC GUARDIAN SERVICES TO CONTINUE OPERATING AT 2322 VALENTINE AVENUE BECOMES LAWGUSTAVO RIVERA, VICTOR PICHARDO'S BILL TO ALLOW CATHOLIC GUARDIAN SERVICES TO CONTINUE OPERATING AT 2322 VALENTINE AVENUE BECOMES LAW

  State Senator Gustavo Rivera announced that legislation S.6632/A.8369, which he co-authored with Assemblymember Victor M. Pichardo, has been signed into law by Governor Andrew Cuomo. This is the sixth bill sponsored by Senator Rivera that has been signed into law since being elected in 2010. 

This law will change the deed for 2322 Valentine Avenue, which was transferred from New York State to Catholic Guardian Services in 2005, to expand its scope of assistance and offer housing and shelter to additional special populations. This bill passed the New York State Senate on June 15 and the New York State Assembly on June 21. It was signed into law by Governor Cuomo on August 21. 

"I am very pleased that this law will allow Catholic Guardian Services to continue operating at the property at 2322 Valentine Avenue by granting the facility the ability to service developmentally disabled members of our community," said State Senator Gustavo Rivera. "Catholic Guardian Services has a great track record of providing vulnerable populations with essential services and this bill will allow them to provide developmentally disabled members of our community with the person-centered care they need to live and thrive in a self-sufficient environment." 

"Catholic Guardian Services does tremendous work in our community and this law allows them to keep fighting for those who need it most," said Assemblymember Victor M. Pichardo. "By expanding the scope of its services, the organization can help more people get the support they deserve here in the Bronx."

For more than a century, Catholic Guardian Services has forged an outstanding reputation for providing critical assistance to New York City's most vulnerable individuals and their families. Under this new law, Catholic Guardian Services will be able to re-purpose the property at 2322 Valentine Avenue, which was previously used to provide housing to homeless families. Further, this change will properly reflect the organization's expanding services and the need to better utilize the property's composition. Under the new deed, Catholic Guardian Services aims to collaborate with the New York State Office of People with Development Disabilities (OPWDD) to offer housing and services to six individuals with autism. 

"We are grateful to Senator Rivera and Assemblymember Pichardo for shepherding this bill into law," said Craig Longley, Executive Director of Catholic Guardian Services. "It now permits us to expand our services at 2322 Valentine Avenue to people with developmental disabilities. CGS will offer individualized residential services that will allow them to live a fully integrated life in the community. They will become valuable members and make a meaningful contribution to the blossoming neighborhood of Fordham Heights."

MAYOR DE BLASIO AND CHANCELLOR FARIÑA ANNOUNCE CONTINUING GAINS FOR NYC STUDENTS ON STATE EXAMS

Since 2013, English proficiency has increased by 54 percent and math proficiency has increased by 27 percent

  Mayor Bill de Blasio and Schools Chancellor Carmen Fariña today announced New York City students’ gains on State English and math exams. In 2017, 40.6 percent of students met proficiency standards in English, a 2.6 point increase from 38.0 percent last year. City students outperformed their New York State peers in English for the first time last year, and widened the gap with this year’s results. 37.8 percent of students met the standards in math, a 1.3 point increase from 36.4 percent last year. New York City students’ proficiency in both subjects improved across all ethnic groups. Since 2013, the percentage of students proficient in English in New York City has increased by 54 percent. The percentage of students proficient in math has increased by 27 percent. 

“These improvements over the past four years represent painstaking work – student by student, classroom by classroom, and school by school. It’s steady progress towards a stronger and fairer system for all,” saidMayor Bill de Blasio. “We are focused on building on these gains and others – such as the highest-ever high school graduation rate – to deliver equity and excellence for every public school student across the City, no matter their zip code.”

“Our students’ performance on these exams represents sustained growth across every demographic group and every borough, and it’s one more measure on which New York City schools are the strongest they’ve ever been,” said Schools Chancellor Carmen Fariña. “It’s important to celebrate our progress – and thank the educators and school staff, parents and families, and students themselves who made this possible – but we need to keep making progress and pushing towards equity and excellence for all students. We’re hard at work building on our progress to do even better for our students, families, and the City’s future.”

Additional Key Findings

• For the 4th year in the row, English results improved in each of the City’s 32 Community School Districts across all five boroughs.
• Last year, for the first time since standardized testing was put in place for all grades in 2006, New York City students eliminated the gap with their New York State peers in English. This year, City students widened the gap with their New York State peers on the English exam, and now outperform them by 1.4 points.
• New York City students also slightly outgained their New York State peers in math, shrinking the gap from 4.8 points to 4.2 points. 
• Renewal Schools made outsized gains in English and math – 3.2 percentage points compared to the citywide increase of 2.6 points in English, and 1.5 points compared to the citywide increase of 1.3 points in math.
• About 3.0 percent of New York City students opted out of English exams and 3.5 percent opted out of math. A total of 17,234 students, or 4.0 percent, out of either exam. Statewide, 19 percent of students opted out of the testing process.  

The sustained progress on State exam results across every single year of this administration reflects unprecedented investments in Equity and Excellence for All at New York City schools, including in leadership and professional development.

In 2014, all superintendents were required to re-apply for their jobs to ensure the strongest leaders were in place, and exam results improved across all 32 of the Community Superintendents’ districts in English, and in 27 districts in math. Since 2014, the City has also made strengthening instruction through high-quality, Common Core-aligned professional development and educator resources a priority, including adding 80 minutes of high-quality professional development each week for teachers across all subjects. 

Overall Results by Grade:

English
Grade	2017 # Tested	% 2017 L3+4	% 2016 L3+4	Pct Point Diff.
3	68406	42.6	40.9	1.7
4	69941	42	41.4	0.6
5	67157	36.1	34.1	2
6	64965	32.3	34.7	-2.4
7	63681	43.3	36	7.3
8	63298	47.5	40.5	7
All	397448	40.6	38	2.6

Math
	Grade	2017 # Tested	% 2017 L3+4	% 2016L3+4	Pct Point Diff.
	3	70040	46	41	5
	4	71436	40	41.4	-1.6
	5	68373	40.8	37.5	3.3
	6	66288	36.1	36.9	-0.8
	7	64505	35.9	34	1.9
	8	53102	24.2	25	-0.8
	All	393744	37.8	36.4	1.3

NOTE: A change in State testing policy, starting in 2014, has driven a decrease in eighth grade proficiency rates. To reduce double testing, most students in accelerated math who took the Algebra Regents exam are exempt from taking the 8th grade State math assessment.

In 2017, 19,485 8^th-graders took the June Algebra Regents, a 15 percent increase from 2016, when 16,972 8^th-graders took the exam.

Overall Results by Demographic:

English
Subgroup	2017 # Tested	% 2017 L3+4	% 2016 L3+4	Pct Point Diff.
Asian	71739	61	58.8	2.2
Black	90316	28.9	26.6	2.3
Hispanic	163590	29.7	27.2	2.4
White	63800	61	58.9	2.2
Current ELL	48169	5.6	4.4	1.2
Ever ELL	59652	49.1	43.2	5.9
SWD	83986	10.7	9.3	1.3

Math
	2017 # Tested	% 2017 L3+4	% 2016L3+4	Pct Point Diff.
Asian	71285	67.8	67.2	0.7
Black	88.22	20.7	20	0.7
Hispanic	164130	25.3	24.3	1
White	62391	59	57.8	1.2
Current ELL	57612	14.7	13	1.7
Ever ELL	57293	49.7	46.8	2.9
SWD	82675	11.8	11.4	0.4

EDITOR'S NOTE:

If you look at columns two and three you will notice that L 3 + L 4 are only listed. There are four levels that the state testing places students. 

Level 4 is the highest level noting above average grade work

Level 3 ranges from average to above average.

Level 2 ranges from below passing to slightly below average.

Level 1 is all students who are not passing.  

Mayor de Blasio and Chancellor where are the figures for Level 1 and Level 2 students?

These are poor results of fifteen years of Mayoral control with the same results if not lower results if School Boards still existed. That was what the United Federation of Teachers said to former Mayor Bloomberg for ten years. What changed the mind of Mr. Michael Mulgrew and the UFT? 

A new hefty contract when Bill de Blasio became mayor.

14 Members Of Bronx Drug Trafficking Organization Charged In Manhattan Federal Court With Narcotics And Firearms Offenses

   Joon H. Kim, the Acting United States Attorney for the Southern District of New York, James J. Hunt, the Special Agent in Charge of the Drug Enforcement Administration (“DEA”), James P. O’Neill, the Police Commissioner of the City of New York (“NYPD”), and George P. Beach II, the Superintendent of the New York State Police (“NYSP”), today announced the unsealing of an Indictment charging 14 members of a drug trafficking organization (“DTO”) that sold large amounts of heroin, cocaine, and crack cocaine in and around the Bronx, New York.

A total of 11 defendants were taken into custody today; three remain at large.  During the arrests and execution of various search warrants earlier today, law enforcement officers recovered a significant amount of currency, as well as firearms and narcotics.  The 11 defendants who were arrested will be presented and arraigned before U.S. Magistrate Judge Henry Pitman later today.  The case is assigned to U.S. District Judge Kimba M. Wood.  An initial conference is scheduled for September 12, 2017.

Acting U.S. Attorney Joon H. Kim said:  “Today, we charge 14 members of a drug trafficking organization allegedly responsible for trafficking large amounts of heroin, cocaine, and crack cocaine in the Bronx.  As alleged, this case demonstrates the close connection between drug dealing and gun crimes.  We remain committed, along with our partners at the DEA, NYPD, and the New York State Police, to ridding New York’s neighborhoods of drug trafficking.”

Special Agent in Charge James J. Hunt said:  “The alleged crimes committed by this organization show the inescapable connection between drug trafficking and violence. This organization allegedly ran rampant throughout New York City, distributing kilogram quantities of cocaine and heroin. Allegedly supplying drugs to other trafficking organizations throughout the Northeast, they made a profit by feeding on others’ drug addiction.”

State Police Superintendent George P. Beach II said:  “I am proud of the dedicated efforts of our members and law enforcement partners which resulted in the indictments of these individuals, seizures of drugs and firearms, and the end of this organization’s alleged operations.  New York State will not tolerate the sale of these drugs, or the violent crimes that are associated with narcotics distribution.  This sends a strong message of our dedication to clearing our communities of these dangerous substances.”

According to the allegations contained in the Indictment[1] and other documents in the public record, and statements made in court:

Between August 2016 and August 2017, GABRIEL GUILLEN, a/k/a “Toti,” EDWARD JIMENEZ, a/k/a “Buzzy,” ZORAIDA RAMIREZ, WILSON GUILLEN, JOEL TAPIA, a/k/a “Emelio Vasquez,” MATTHEW VASQUEZ, a/k/a “Cabeza,” YEISON SALDANA, a/k/a “Jay,” JASON LLANES, a/k/a “Jay Murder,” GABRIEL CARRION, a/k/a “Gaby,” MOISES SUERO, RICHARD JOSE, a/k/a “Kiki,” JHOAN PICHARDO, a/k/a “Flaco,” RAFAEL RODRIGUEZ, a/k/a “Rafi, and CARLOS PEREZ, a/k/a “Los,” conspired to distribute and possess with intent to distribute one kilogram and more of mixtures and substances containing a detectable amount of heroin, five kilograms and more of mixtures and substances containing a detectable amount of cocaine, and 280 grams and more of mixtures and substances containing a detectable amount of crack cocaine in the Bronx and elsewhere.  The defendants also used and possessed, or aided and abetted each other in using and possessing, firearms in furtherance of their drug trafficking crimes.

GABRIEL GUILLEN, 33, JIMENEZ, 27, RAMIREZ, 49, WILSON GUILLEN, 35, TAPIA, 40, VASQUEZ, 25, SALDANA, 27, LLANES, 30, CARRION, 24, SUERO, 33, JOSE, 38, PICHARDO, 27, RODRIGUEZ, 47, and PEREZ, 25, are each charged in one count of distributing and possessing with intent to distribute one kilogram and more of heroin, five kilograms and more of cocaine, and 280 grams and more of crack cocaine, which carries a maximum sentence of life in prison and a mandatory minimum sentence of 10 years in prison; and one count relating to the use and possession of firearms during and in relation to their drug trafficking crimes, which carries a maximum sentence of life in prison and a mandatory minimum 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 sentencings of the defendants will be determined by a judge

Mr. Kim praised the investigative work of the DEA, the NYPD, and the State Police, and thanked the United States Marshals Service, U.S. Probation, and the NYPD Narcotics Bureau Bronx for their 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 and the description of the Indictment set forth below constitute only allegations, and every fact described should be treated as an allegation.

Manhattan U.S. Attorney’s Office Closes Federal Criminal Investigation Into The Death Of Mohamed Bah

  Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced today that there is insufficient evidence to pursue federal criminal charges in connection with the fatal shooting of Mohamed Bah.  Mr. Bah was killed during an encounter with police officers from the New York City Police Department (“NYPD”) on September 25, 2012.  The Acting U.S. Attorney met today with Mr. Bah’s family and their counsel to inform them of this decision.

The New York County District Attorney’s Office investigated Mr. Bah’s fatal shooting, and on November 26, 2013, a Manhattan grand jury voted not to bring criminal charges against any officer involved in the shooting of Mr. Bah, finding that the use of deadly force was not unlawful.  Nevertheless, after following the progress of the civil litigation relating to Mr. Bah’s death, receiving documents from Mr. Bah’s family’s counsel in October 2015, and the unsealing of a ballistics report, this Office began to conduct an independent review into the death to determine whether a federal civil rights crime could be proven.

As Mr. Kim informed Mr. Bah’s family today, the only determination the Office made was whether a federal crime could be proven under the standard applicable to criminal cases, which is proof beyond a reasonable doubt.  The Office did not reach any conclusions on any other issue, nor did it evaluate the officers’ actions under any other standard.  The Office expresses no view regarding any claims made against any party under the standard applicable to civil cases, which is proof by a preponderance of the evidence. 

After conducting a review of the evidence, including physical and documentary evidence, as well as grand jury and civil deposition testimony, this Office has determined that there is insufficient evidence to meet the high burden of proof required for a federal criminal civil rights prosecution.  To prove a violation of the federal criminal civil rights statute, prosecutors must establish, beyond a reasonable doubt, that a law enforcement officer willfully deprived an individual of a constitutional right, meaning that the officer acted with the deliberate and specific intent to do something the law forbids.  This is the highest standard of intent imposed by law, and is different from and higher than the intent standard under the relevant state statutes.  Neither accident, mistake, fear, negligence, nor bad judgment is sufficient to establish a federal criminal civil rights violation. 

In reaching this determination, the Office considered, among other things, testimony from the only eye witnesses to the events (law enforcement officers) that Mr. Bah was holding a knife and lunged at the officers, the fact that vests worn by officers at the scene have slashes consistent with penetration by a knife, and the lack of video evidence of the incident.  The Office also considered the testimony of officers present that non-lethal force, including Tasers, was used before lethal force was deployed, and that shots were fired virtually simultaneously only after non-lethal force was used.  Finally, the Office considered the autopsy report prepared the day after the shooting and conducted an independent ballistics analysis.  After reviewing such evidence, the Office made the determination that it could not prove beyond a reasonable doubt that any officer willfully violated Mr. Bah’s constitutional rights.

Accordingly, this Office’s investigation into Mr. Bah’s death has been closed.

Mr. Kim expressed his deep sympathy to the family of Mr. Bah for their tragic loss.