14th City Council Debate on Bronxtalk

  The candidates for the 14th City Council District Democratic Party line (L - R), Candidate Randy Abreau, Candidate Fernando Cabrera, Candidate Felix Perdomo. 

  Bronxtalk host Gary Axelbank goes over the ground rules for this Democratic Debate with the candidates. 

  It was a lively at times, and back and forth at times on some of the issues of the 14th City Council Democratic primary debate, Councilman Fernando Cabrera stressed his experience as a legislator, while his two opponents (mostly Randy Abreau) questioned just what the councilman had done for the district. 

 Candidate Randy Abreau spoke of growing up in the district, attending District 10 public schools, leaving the district at age 18 to attend college on a scholarship. He then spoke of his experience at the federal level working in Washington, and that he was back in the district to help other do what he had done. 

  Candidate Fernando Cabrera spoke of his almost eight years in the city council, and his 28 years being a pastor. Cabrera said that his opponent Randy Abreau did not have a track record after leaving Washington, and went on to say how crime and unemployment have gone down in the district. 

  Candidate Felix Perdomo spoke of coming to the United States as an immigrant, and he is now a teacher. Both Perdomo and Abreau questioned Councilman Cabrera's figures, but could not provide any other numbers. 

 As the debate went on it appeared to be a more of a back and forth between Councilman Cabrera and challenger Randy Abreau with little input into the conversations by candidate Felix Perdomo. 

 The back and forth continued on the subjects of the Jerome Avenue rezoning, with Councilman Cabrera saying that the community has been involved in the land use matter. Candidate Abreau and Perdomo said that the community has not been included by saying why then is the community marching against the proposal, and why has there been so few meetings with the community. 

 Another topic was the issue of Marriage Equality, the LGBT community, and anti gay comments made by Councilman/Pastor Cabrera. Councilman Cabrera brushed off the comments saying it was only against gay marriage as a pastor, and that has a 100 percent voting record for the LGBT community. Candidate Abreau disagreed with him.

  To a question about small business, candidate Perdomo said that small business owners need help and training, which the city is not providing. Councilman Cabrera spoke of the monies he gave to one merchants association for Christmas lights and other help. Candidate Abreau called for passage of the 'Small Business Survival act', to which Councilman Cabrera replied that the current speaker will not let come to the floor for a vote because she is against it.

  All candidates agreed on the current Opioid crisis, with candidate Perdomo saying that the people need to be educated on the subject. Candidate Abreau spoke of his work with the U.S. Attorney and that the problem is transportation across state lines. He questioned why the councilman was not using monies from other areas in the budget to fight the crisis. Councilman Cabrera said that monies allocated to repair a park is a capital expenditure, and can only be used for that purpose. He added that discretionary funding is what can be used, commenting that candidate Abreau does not know about budgeting, which candidate Perdomo said that he agreed with Councilman Cabrera that candidate Abreau does not have experience. 

  To the subject of education, candidate Abreau said that Councilman Cabrera needed to bring more resources to the public schools, and that Cabrera was funded in his failed state senate bid by the charter school PAC. Candidate Perdomo said that he was a teacher, and that charter schools were not the answer, as he opposes them. he added that the district has lower performing schools. Councilman Cabrera repeated his experience in the council, he is endorsed by the UFT, that he has brought 15 million dollars to the local schools, which is the most of any council member. 

  In closing statements candidate Abreau continued hammering the incumbent by saying that Councilman Cabrera is being supported by right wing organizations against tenants and the public school system. 

  Councilman Cabrera once again stressed the figures he had of unemployment down to 6.2 percent, and the lowest crime figures.

  Candidate Perdomo said that he is not going to lie about having experience, but that he wants to improve the district. 

  As for who was the winner, Councilman Cabrera stayed to his script of few facts that were in his favor and his two terms in office. Candidate Abreau looked like a boxer looking to land that one knockout blow, but kept bouncing off the ropes with little ring experience. Candidate Perdomo reminded me of the 2009 14th council race where there was a candidate from the 86th Assembly District as Mr. Perdomo is to take away votes from the incumbent Councilwoman who current Councilman Cabrera defeated in a close primary race. Candidate Perdomo's campaign manager whom I was sitting next to during the debate denied that Felix Perdomo was in the race to take votes away from Councilman Cabrera's opponent Randy Abreau as the third candidate did in 2009. 

 My prediction in my political column 100 PERCENT in the Wednesday September 6th edition of the Bronx Voice.

     

 Bronxtalk host Gary Axelbank with the three Democratic Candidates in the 14th City Council Democratic primary. 

MAYOR DE BLASIO SIGNS SWEEPING LEGISLATION TO CURB SMOKING, TOBACCO USAGE

New laws will help reduce number of smokers in NYC by 160,000 by 2020

  Mayor Bill de Blasio today signed a series of bills to help reduce the number of smokers in New York City by 160,000 by 2020. While smoking rates in New York City have declined from 21.5 percent in 2002 to 14.3 percent in 2015, the city still has more than 900,000 smokers. These new bills will help decrease the smoking prevalence to a historically low rate of 12 percent by 2020. 

  These seven bills will put New York City at the forefront of smoking and tobacco control by: (1) raising the minimum prices for all tobacco products, including cigarettes, and imposing a new 10 percent local tax on tobacco products other than cigarettes; (2) capping and reducing through attrition the number of tobacco retailers citywide; (3) creating a retail license for e-cigarettes and capping the number of e-cigarette retailers; (4) increasing the fee for a cigarette retail dealer license; (5) requiring all residential buildings to create a smoking policy and disclosing it to both current and prospective tenants; (6) prohibiting smoking and the use of e-cigarettes in common areas in multiple dwellings with fewer than ten units; and (7) banning the sale of tobacco products at pharmacies.

This package of legislation was introduced by Council Members Corey Johnson, Brad Lander, Fernando Cabrera, Ritchie Torres and James Vacca. The bills were heard by Mayor de Blasio on August 25, 2017. 

“Even though tobacco is a leading cause of premature death across the country, Big Tobacco will stop at nothing to hook people on these deadly products,” said Mayor Bill de Blasio. “We are sending a loud and clear message that we will not let their greed kill any more New Yorkers without a fight. These new laws will not only help reduce the number of smokers in our City, but also save lives.”

“Tobacco kills thousands of New Yorkers each year and the Council is proud of the City’s role as a national leader in enacting smart, effective tobacco control policies that save lives," said Speaker Melissa Mark-Viverito. "This package of bills will further strengthen our already tough tobacco laws in order to help decrease the number of smokers across the City.”

“I am excited to witness the impact these bills will have on the lives of New Yorkers," said Dr. Herminia Palacio, Deputy Mayor for Health and Human Services. "These bills tackle smoking and tobacco in a comprehensive manner that will both save lives and reduce preventable diseases. In offering New Yorkers healthier options – from where they shop to the buildings they live in–we bring all of our City’s resources to bear so that we can all live longer and healthier lives."

“If you are a smoker, the single most important thing you can do for your health is to stop smoking,” said Health Commissioner Dr. Mary T. Bassett. “As a former smoker, I know how hard it is to quit. That’s why these laws are so important – they will make it easier for New Yorkers to quit smoking or never start.” 

"With the Mayor's partnership, we are moving towards creating a safer, healthier City for public housing residents," said NYCHA Chair and CEO Shola Olatoye. "Through this important legislation, we're not only going to decrease the number of smokers in New York City but also raise critical funds to support the future of NYCHA."

Tobacco continues to be a leading contributor to preventable, premature death in New York City, killing an estimated 12,000 people annually. Despite an overall decline on smoking rates among young people, youth have increasingly used a range of other tobacco products. Youth cigar, cigarillo, little cigar, smokeless, and hookah use, together, exceed cigarette use. Nearly 9 out of 10 smokers first tried smoking before age 18. In the city, adolescent use of e-cigarettes is more than double the current smoking rate, 15.9 percent compared with 5.8 percent. This package of proposals will help all New Yorkers live healthier and longer lives by: 

1.      Raising Minimum Prices on Tobacco

This bill (Int. 1544, Johnson) raises the minimum price of cigarettes and little cigars to $13 a pack from $10.50 and  sets a first-ever price floor and tax for other tobacco products, such as cigars, smokeless tobacco, snus, loose tobacco and tobacco-containing shisha. Increasing the cigarette price floor to $13 is projected to lead to a 6.4 percent decline in adult cigarette smoking, decreasing adult prevalence from 14.3 percent to 13.9 percent. The bill also imposes a tax of 10 percent of the minimum price on these other tobacco products for the first time, which is expected to generate revenue of $1 million annually dedicated for public housing.

2.      Limiting Tobacco Retail Licenses

This bill (Int. 1547, Lander) will reduce the number of stores that can sell tobacco products by capping the tobacco retail dealer licenses in each community district at 50 percent of the current number of licenses. No new tobacco retail dealer licenses will be issued in a community district until its total decreases through attrition below the cap. No current tobacco retail dealers will lose their license as a result of this proposal.

New York City has high tobacco retail density, with about 8,300 licensed cigarette retailers’ citywide, averaging almost 30 dealers per square mile. Easy access to tobacco retailers makes it harder for smokers to quit. Moreover, youth who frequent retail stores that sell tobacco every week have double the odds of trying smoking. Based on conservative Health and DCA estimates, ten years after implementation, this bill could achieve up to a 40 percent reduction in the number of tobacco retailers. Reducing licenses by community districts will decrease density and promote health in neighborhoods citywide.

The bill also updates the New York City retail license for selling cigarettes to encompass all types of tobacco. These changes will improve enforcement of existing laws, including the minimum legal sale age of 21 for tobacco.

3.      Creating a Retail License for E-Cigarettes

This bill (Int. 1532, Cabrera) requires retailers of e-cigarettes be issued a license, like cigarette retailers, and caps the number of these licenses. E-cigarette use has increased dramatically since e-cigarettes were introduced in U.S. markets less than 10 years ago. In 2015, 15.9 percent of New York City high school students were e-cigarette users.

This bill will cap the number of e-cigarette retailers at half the current number by community district, with the reduction in number coming through attrition. Existing sellers will be able to continue to renew their license so long as they meet all applicable licensure requirements.

It would also prohibit pharmacies from selling e-cigarettes.

4.      Increasing Cigarette License Fee

This bill (Int. 1471, Johnson) will raise the biennial fee for the new tobacco retail dealer license that includes all types of tobacco sales to $200, from the $110 currently charged for a cigarette retail dealer license. There are currently 8,305 of these licenses in New York City.

5.      Instituting a Residential Smoking Disclosure Policy

This bill (Int. 1585, Torres) requires owners of residential buildings to create a policy on smoking and disclose it to both current and prospective residents. All residential buildings with three or more units will be covered, including rentals, condominiums and cooperatives. Buildings would not be required to adopt no-smoking policies. 

Disclosure or prominent posting of a building’s policy on smoking will be required annually and any time a building changes its policy. An owner who fails to disclose the policy may face a $100 civil penalty. Tenants would not be fined by the City for smoking in non-smoking areas of buildings.

Disclosing a building’s smoking policy will help tenants to make an informed decision about whether or not they want to live in a building. This information may be especially important for parents with young children and for others, such as older adults, who may spend more time at home and consequently might have higher exposures to secondhand smoke.

6.      Prohibiting Smoking in Building Common Areas

This bill (Int. 484, Vacca) prohibits smoking and the use of electronic cigarettes in common areas in residential buildings with three or more units. These activities are already illegal in common areas in residential buildings with three or more units. This is an expansion of the current law which prohibits these activities in residential buildings with more than 10 units.

7.      Banning Tobacco Products in Pharmacies

This bill (Int. 1131, Lander) prohibits pharmacies, or retail stores that contain pharmacies, from selling tobacco products, including cigarettes.  There are over 550 pharmacies in New York City licensed to sell tobacco products. The prohibition would begin after these current licenses expire in 2018. Pharmacies are places of health and should not sell deadly consumer products.

This legislation builds upon the de Blasio administration’s current effort curb tobacco usage and smoking. The Health Department has spent $14 million in the last three fiscal years on public awareness campaigns that support cessation efforts and to provide Nicotine Replacement Therapy through the New York State Smokers’ Quitline. In 2016 alone, the Department of Consumer Affairs issued more than 5,270 violations to ensure that current tobacco laws are being followed, and that tobacco and nicotine are not being sold to youth. While most licensees are in compliance, DCA revoked 434 licenses and suspended 271 licenses in 2016.

Council Member Fernando Cabrera said, “We are seeing far more e-cigarettes sold in low income, minority neighborhoods than affluent communities and marketing that targets young people, who are more likely to choose e-cigarettes than other tobacco products.  The World Health Organization and American Heart Association have recommended stricter laws and regulations for e-cigarettes and the CDC and the Surgeon General have found that local licensing programs help prevent e-cigarette use by youths. We are taking bold action now to protect the health of New Yorkers, especially our youth.”

“By making clear what a building's smoking policy is, potential tenants and current residents can be better informed about their living conditions, environment and health impact. Residents deserve to live in clean, smoke-free buildings, if they wish, and the smoking disclosure law can bring transparency that'll help residents make informed decisions,” said Council Member Ritchie Torres.

“Currently, smoking is prohibited in the common areas of buildings with ten or more dwelling units. Yet, there are buildings throughout the five boroughs, particularly in the outer boroughs, that have fewer than ten dwelling units. As of now, the law fails to protect people living in these buildings from harmful second-hand smoke and this disparity is wrong,” said Council Member James Vacca. “This legislation addresses this imbalance, prohibiting smoking in common areas of all multiple dwelling units, regardless of size, thereby extending the Department of Health and Mental Hygiene’s power to enforce the ban in these buildings.”

Bronx Borough President - Celebration of the Muslim Holiday

Council Member Andy King - FREE MAMMOGRAM SCREENINGS FOR WOMEN AGE 40 AND OVER

  October is Breast Cancer Awareness Month.  NYC Council Member Andy King, in partnership with St. Barnabas Health System, will host a Mobile Mammography Unit to give women age 40 and over FREE mammogram screenings on Tuesday, Oct. 3, 10 a.m. to 2 p.m. at his District Office, 940 East Gun Hill Road, Bronx. In addition,HealthFirst will be on hand to discuss health insurance needs. To RSVP for an appointment please call the Office of Council Member Andy King at (718) 684-5509. 

WHAT YOU SHOULD KNOW - CHRISTOPHER COLUMBUS STATUE -VS -THE TAPPAN ZEE BRIDGE

By Senator Rev. Rubén Díaz 
District 32 Bronx County, New York 

You should know that the "honorable" New York City Council Speaker, Ms. Melissa Mark-Viverito, a Puerto Rican like me, has pointed her guns and marked for destruction the Statue of Christopher Columbus, (Cristobal Colon in Spanish), located on Columbus Circle in Manhattan.

Trying to show her "love & respect" for the native American Indians; Ms. Viverito has gone back four hundred (400) years and suddenly has remembered all the "evil" things that Columbus did to the Native Americans, and to compensate what was done four centuries ago she is asking for the statue of Columbus to be removed.

According to Ms. Viverito by doing that we will do justice and honoring the Native American Indians.

However, in another part of the state, now four hundred years after Christopher Columbus, New York State Governor Andrew Cuomo, is changing the name of the Tappan Zee Bridge in honor of his father and former Governor Mario Cuomo.

You should know that according to "Wikipedia", on March 1952 New York State started the Construction of a Bridge, crossing the Hudson River at one of its widest points; as an integral conduit within the New York Metropolitan area.

The bridge connects South Nyack in Rockland County with Tarrytown in Westchester County in the lower Hudson Valley.

It is important for you to know that it took only three years for the Bridge to be constructed and on December 15, 1955, it was officially opened to traffic.

On February 28, 1956, New York State Governor W. Averell Harriman officially named the Bridge "Tappan Zee Bridge", in honor of an American Indian tribe from the area called "Tappan and Zee, was the Dutch word for "Sea".

I believe that if Melissa Mark-Viverito and others are seriously concerned about the legacy of the American Indian they should be angrier at Governor Andrew Cuomo's intention to erase the name of the Tappan Indian Tribe that was officially given to the Bridge in honor of the Native American Indian Tribe sixty-one (61) years ago by Governor Harriman.

It is my opinion that if Ms. Viverito is hurt by what was done to the American Indian 400 years ago by Christopher Columbus she should be agonizing by what Governor Andrew Cuomo is doing to the legacy of the Tappan Indian Tribe at the present time.

But surprise, surprise I do not hear Ms. Viverito complaining or criticizing Governor Cuomo for his dishonoring a Native American Indian Tribe by removing and renaming the Tappan Zee Bridge.

I am Senator Reverend Rubén Díaz, and this is what you should know.

Sen. Ruben Diaz Sr. & Assemblyman Luis Sepulveda Hosts Free BBQ at St. Helena's Church

  State Senator Ruben Diaz Sr., Assemblyman Luis Sepulveda, and 87th A.D. Female District Leader Julia Rodriguez as well as over 200 people were joined by State Senator Jeff Klein for a good old fashion barbecue in the parking lot of St. Helena's Church. There were Hot Dogs, Hamburgers, fresh roasted corn on the cob, water and juice, and a cotton candy machine to provide refreshments while everyone enjoyed the other activities. There was a huge Bouncy House, face painting, games of musical chairs, and some good old neighborhood getting to talk to each other. The speeches were very short while several nice items were raffled off during the day. 

Above and Below - Many people wanted their picture taken with Senator Diaz and Assemblyman Sepulveda.

Above - Assemblyman Luis Sepulveda introduces State Senator Jeff Klein.

Below - State Senator Jeff Klein lets everyone know that while State Senator Ruben Diaz Sr. covers most of Assemblyman Sepulveda's district, that he Senator Klein also covers part of Assemblyman Sepulveda's district. That way Assemblyman Sepulveda can have two State Senators in Albany working for his disrict.

Above - State Senator Jeff Klein also said that Ruben Diaz Sr. is needed in the City Council. Senator Diaz Sr. has four opponents in the race and may need some divine help.

Below - Father David Powers of St. Helena's Church blesses Ruben Diaz Sr. in his quest to become the City Councilman for the 18th Council district.

Above - After talking to a few more voters.

Below - It was off to the RUBEN DIAZ Truck to spread the word.

RADICAL CLERIC SHAIKH FAISAL INDICTED FOR RECRUITING SUPPORTERS AND FACILITATING EFFORTS TO JOIN ISLAMIC STATE

Influential ISIS Recruiter Used Public Profile to Solicit Acts of Violence and Terrorism

  Manhattan District Attorney Cyrus R. Vance, Jr., and New York City Police Commissioner James O’Neill today announced the indictment of TREVOR WILLIAM FORREST, a/k/a “SHAIKH ABDULLAH FAISAL,” a/k/a “SHAIKH FAISAL,” 53, for using his public profile and personal network to recruit and provide support to those seeking to commit acts of violence and terrorism against others. The defendant is charged in a New York State Supreme Court indictment with Soliciting or Providing Support for an Act of Terrorism in the First Degree as a Crime of Terrorism and other charges.^[1]

The indictment follows a yearlong investigation by the NYPD Intelligence Bureau and the Manhattan District Attorney’s Office’s Counter Terrorism Program, which was created in June 2015 to identify and pursue investigative leads related to homegrown terror plots, extremist activities, and terror-financing.

“Shaikh Faisal has dedicated his life to terror recruitment,” said District Attorney Vance. “Through his lectures, website, and videos, he incites untold numbers of people around the world to take up the cause of jihad. As is alleged in this case, he provided material support to the Islamic State by facilitating the passage of a self-described ISIS sympathizer from New York to Syria. A charismatic leader, the defendant’s rhetoric has been cited by several convicted or suspected terrorists in New York, London, and beyond. As charged in today’s indictment, the defendant also served as the fulcrum of a recruitment effort that encouraged individuals to carry out acts of terrorism in the name of the Islamic State and connected them with other radical supporters who were willing—or already in the process—of doing the same in countries around the world.”

Police Commissioner James P. O’Neill said: “Shaikh Faisal has used his influence and direction to groom and inspire terrorists who have bombed trains, attempted to blow up airliners, and attack Americans here and abroad. His arrest for his efforts to recruit people for ISIS, a terrorist group that has plotted attacks against New York City, should bring an abrupt end to his global outreach in support of terror groups such as al-Qaida and ISIS.”

According to the indictment and documents filed in court, beginning in December 2016, FAISAL and an undercover NYPD officer based in New York began communicating remotely while the defendant was living in St. James, Jamaica. 

Since 2014, FAISAL, who was previously convicted in the U.K. of crimes related to inciting murder and using racially charged, hateful rhetoric in furtherance of terrorist ideologies, has publicly supported a terrorist organization known as the Islamic State, a/k/a “ISIS” or “ISIL”, and called for the establishment of an Islamic caliphate through violent acts encouraged by the defendant’s online lectures and militant propaganda. 

During their conversations, which occurred over email, text messages, and video chats, FAISAL encouraged the undercover officer to view his lectures online and began sending this person propagandist reports from an official Islamic State news outlet. After their initial exchanges, the defendant offered to help the undercover officer leave the U.S. and travel to the Middle East to support foreign fighters abroad. FAISAL also offered to connect this individual with contacts, cautioning the undercover officer to be circumspect about explicit references to the plan, employ coded language, and use an encrypted chat tool while communicating with FAISAL and his associates. 

In a subsequent conversation, the undercover officer informed the defendant that they were certified to perform first aid and CPR, and reiterated the undercover officer’s desire to go overseas to provide aid to foreign fighters in the Middle East. FAISAL then suggested that the undercover officer enter into a marriage with someone in the Islamic State to enable travel abroad, and offered to broker the arrangement. Members of the NYPD Intelligence Bureau, along with the undercover officer, then traveled to the Middle East and, upon their arrival, the defendant provided the undercover officer with contact information for an individual based in Raqqa, Syria. In early 2017, that individual contacted the undercover officer and began collecting information about this person’s location and whereabouts in order to facilitate entry into the Islamic State. 

Prior Anti-Terror Prosecutions

The Manhattan District Attorney’s Office has successfully prosecuted terrorists under New York State’s anti-terror laws, which were enacted following the attacks on September 11, 2001. 

In March 2014, Jose Pimentel was sentenced to 16 years in state prison for constructing improvised explosive devices to detonate in Manhattan. Pimentel, who viewed FAISAL’s videos, participated in the defendant’s online chat forum, and cited the defendant as one of his primary inspirations, was convicted of Criminal Possession of a Weapon in the First Degree as a Crime of Terrorism. 

In another case, in March 2013, Ahmed Ferhani was sentenced to 10 years in state prison after the defendant pleaded guilty to terror-related charges, including Attempted Criminal Possession of a Weapon in the First Degree as a Crime of Terrorism, Criminal Possession of a Weapon in the Second Degree as a Crime of Terrorism, and Criminal Sale of a Firearm in the Third Degree as a Crime of Terrorism, among other charges, for plotting to bomb synagogues in Manhattan. 

District Attorney Vance thanked the following individuals and agencies for their assistance with the investigation: the NYPD, and in particular, Deputy Commissioner of Intelligence and Counterterrorism John Miller, Chief of Intelligence Thomas Galati, Assistant Commissioner of Intelligence Analysis Rebecca Weiner, Deputy Chief Paul Ciorra, Deputy Inspector Paul Mauro, Captain Joseph Seminara, Sergeant Kevin Thacke, Detective Sherif Moussa, Detective Mohammad, and Investigative Analyst Jacque Singer-Emery; the U.S. Department of Justice Office of International Affairs, Criminal Division, and in particular, Trial Attorney Brian Nicholson; the United States Marshall Service in particular, Henry Gerbeth; and the Jamaica Constabulatory Force.

^[1] The charges contained in the indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty. All factual recitations are derived from documents filed in court and statements made on the record in court.

Defendant Information:

TREVOR WILLIAM FORREST, a/k/a “SHAIKH ABDULLAH FAISAL”, a/k/a “SHAIKH FAISAL”, D.O.B. 9/10/1963

St. James, Jamaica

Charged:

• Soliciting or Providing Support for an Act of Terrorism in the First Degree as a Crime of Terrorism, a class B violent felony, 1 count
• Soliciting or Providing Support for an Act of Terrorism in the First Degree, a class C violent felony, 1 count
• Attempted Soliciting or Providing Support for an Act of Terrorism in the First Degree as a Crime of Terrorism, a class C violent felony, 1 count
• Conspiracy in the Fourth Degree as a Crime of Terrorism, a class D violent felony, 1 count
• Attempted Soliciting or Providing Support for an Act of Terrorism in the Frist Degree, a class D violent felony, 1 count

Nine Alleged Loot Gang Members Variously Charged With Conspiracy to Commit Murder; 14 People Shot in Seven Incidents

Defendants Shot at Rivals in Fast Food Restaurant, at July 4 Party and in Drive-by Shootings; Innocent College Student Shot Dead; Bystander, in Separate Incident, Shot After Being Grabbed and Used as “Human Shield”

  Acting Brooklyn District Attorney Eric Gonzalez, together with New York City Police Commissioner James P. O’Neill, today announced that nine alleged members of the Brownsville- based Loot Gang have been variously charged in a 69-count indictment with conspiracy to commit murder, murder, attempted murder, weapons possession and other charges in connection with seven separate shootings that left one innocent man dead and 13 people injured. Four of those shot were women, all innocent bystanders.

Acting District Attorney Gonzalez said, “This indictment underscores our commitment to prosecuting to the fullest extent of the law the violent gang members responsible for most of the senseless shootings in certain pockets of Brooklyn. Our targeted approach to enhancing public safety focuses on the shooters and gang leaders who drive the violence. We simply will not tolerate such lawlessness and bloodshed in our communities, which put hardworking residents at risk.”

Commissioner O’Neill said, “This indictment illustrates how law enforcement is taking a strong stance against violent gang members who commit these heinous acts of senseless violence against innocent victims. We stand with our local law enforcement partners ready to identify, investigate and arrest those who are at the root of crime and collateral damage in our neighborhoods.”

The Acting District Attorney said that some of the defendants were arraigned yesterday before Brooklyn Supreme Court Justice William Harrington and held without bail. The rest are expected to be arraigned this week. The defendants are variously charged with first-, second-, third- and fourth-degree conspiracy, second-degree murder, second-degree attempted murder, first-degree gang assault, first-degree criminal use of a firearm, first- and second-degree attempted assault, second-degree criminal possession of a weapon, second-degree assault, and first-degree reckless endangerment. The defendants face up to 25 years in prison on the top conspiracy count. (See defendant addendum.)

The Acting District Attorney said that, according to the indictment, the defendants, who range in age from 15 to 25, are alleged to be members of the Loot Gang, which operates out of the New York City Housing Authority Ocean Hill Houses in the 73rd Precinct in Brownsville.

The defendants are variously charged in connection with 10 incidents, including seven shootings and one assault, between November 2015 and August 2016. Fourteen people were shot, including one fatally. One person was beaten. The defendants mostly targeted rival gangs, including, on multiple occasions, shooting at members of True Bosses Only (TBO) in Bushwick, which is TBO territory. In addition to Bushwick, the shootings occurred in Bedford-Stuyvesant, Fort Greene, Canarsie, and Jamaica, Queens. In one instance an innocent 22-year-old man who was a student at John Jay College was shot and killed. It is alleged that all of the shootings were committed when Loot members were “spinning the block,” i.e., driving through rival territory looking for rival gang members and using one or more of four “community guns,” i.e., including a .357 Magnum, which the defendants referred to as “Becky,” and shared among themselves.

During the course of the conspiracy, the defendants allegedly agreed to commit crimes, including murder, assault and weapons possession, in order to maintain their dominance over their claimed geographic area, their social media dominance and superior positioning among budding rap artists.

Furthermore, Loot members allegedly used Facebook private messaging, as well as the calling feature available through Facebook messaging, along with text messages, phone calls, and FaceTime to communicate about getting guns and ammunition and committing acts of violence against rival gangs. Loot used public Facebook postings and music videos posted to YouTube and SoundCloud to antagonize rival gang members, boast about previous acts of violence against rival gangs and show Loot loyalty through hand signs, clothing and lyrics.

It is alleged that at least one shooting, on November 27, 2015, was in retaliation for the shooting death of Armani Hankins, a.k.a., Rocky, in Fort Greene, a month earlier. The victim was allegedly a friend of some of the Loot Gang members, and they released a rap music video entitled “Rockyworld” on YouTube which is a song about retaliation against a gang known as 900 for his death.

Among the acts of violence charged in the conspiracy are the following:

• On February 20, 2016, at approximately 12:25 a.m., it is alleged, that as part of the conspiracy which originated in Brooklyn, a person later identified as Dylan Cruz, dressed in all black with a red bandanna covering his face, ran into Rico Chimi restaurant located at 80-01 Atlantic Avenue in Jamaica, Queens, and shot at Tysheen Gott, an alleged rival gang member. Gott then grabbed a 33-year-old female patron and held her in front of him in an attempt to shield himself. He sustained five shots to both legs and his groin. The woman sustained three gunshot wounds to the left leg. Both survived. It is alleged that Quincy Vital drove Cruz to the restaurant and drove him away after the shooting.

• On July 4, 2016, there were allegedly four separate shootings involving Loot gang members, including early in the day, defendants Burston, Gilbert and Vital went “spinning” in TBO territory in a grey Mazda. They saw some TBO members. Vital grabbed a .357 magnum and handed it to Gilbert, who fired at the TBO rival. Hours later, at around 9 p.m., the TBO member who had been fired at shot and injured Corey Webb, an alleged Loot member. An hour later, Loot retaliated, returning to TBO territory and shooting a man in the abdomen. Finally, continuing to retaliate, at approximately 11:30 p.m., at 419 Chauncey Street, in Bedford-Stuyvesant, in Boss Gang territory, an ally of TBO, defendant Maurice Ellis allegedly fired on a crowd at an outdoor party, from a grey Mazda, striking seven people, including three women.

• On August 12, 2016, at about 12:40 a.m., at Wilson Avenue and Covert Street, in Bushwick, in TBO territory, it is alleged that Quincy Vital walked up to Terrell Henry, 22, a student at John Jay College, who had no gang affiliation, and shot him twice outside a bodega after Henry left a nearby party to buy an iced tea. He died of his injuries.

The investigation was conducted by New York City Police Department Detective Michael Algieri, of the Gun Violence Suppression Division’s Violence Reduction Task Force, with the assistance of Detectives Frank Murdocco, Nicholas Sofokles and Stephen Berardi, and Police Officer Jean Graf, also of the Violence Reduction Task Force, under the supervision of Sergeant Andrew Dunton and Lieutenant Richard Zacarese, and the overall supervision of Inspector Richard Green, Executive Officer, and Assistant Chief James Essig, Commanding Officer of the Gun Violence Suppression Division.

An indictment is merely an accusation and not proof of a defendant’s guilt.

DEFENDANT ADDENDUM:

1. Dylan Cruz, a.k.a., Banga, 25, of Queens.

2. Quincy Vital, a.k.a., SK, 19, of Queens.

3. David Burston, a.k.a., Spazz, 21, of Brownsville, Brooklyn.

4. Earl Gilbert, a.k.a., Bloccz, 22, of Queens.

5. apprehended juvenile, 15, of East New York, Brooklyn.

6. Legrant Foster, a.k.a., Brisko, 22, of East New York, Brooklyn.

7. Maurice Ellis, a.k.a., Maur, 20, of Brownsville, Brooklyn.

8. Josiah Morris, a.k.a., Siah, 19, of Brownsville, Brooklyn.

9. Terrard Wimms, a.k.a., Ty, 19, of East New York, Brooklyn.