Thursday, September 14, 2017

Independent Democratic Conference - Sex offenders endanger city’s homeless children, new report reveals


Independent Democratic Conference finds highest number of Level 2 & 3 sex offenders living in city family shelters in years, calls for immediate action

Senator Jeff Klein, Senator Marisol Alcantara, and Senator Jose Peralta Today released, “Unsafe Shelters,” an investigative report detailing the rise in Level 2 and 3 sex offenders living among the city’s nearly 23,000 homeless children in family shelters.

Currently 21 high level sex offenders share the same facilities as vulnerable homeless children, a practice the city’s Department of Homeless Services publicly vowed to end. But the practice not only continues, the investigation found, it is on the rise.

“We must protect our most vulnerable children from high level sex offenders who easily could be housed elsewhere. These sexual predators know how to take advantage of children and they should not be allowed to reside in family homeless shelters, where people are looking to regain stability. This is a disaster waiting to happen and the city needs to immediately move these predators away from these children. I am also calling on the Assembly to finally pass legislation that will ban Level 2 and 3 sex offenders from sheltering with families,” said Senator Klein.

“Families entering the New York City shelter system are already entering a difficult situation for their families and a difficult period in their lives. Having to worry about sex offenders preying on their children is an unacceptable burden on our city's homeless families, and an unacceptable danger to our children, who are our future. We cannot allow this state of affairs to continue, and I applaud Senator Klein and the Independent Democratic Conference for bringing attention to this issue,” said Senator Alcantara.

The safety of our families and children is sacred, and this is why we must ensure we prioritize their well-being. We cannot afford any loophole, any misinterpretation when it comes to protecting some of the most vulnerable New Yorkers. I urge the state Legislature to pass a measure that will prohibit the placement of Level 2 or Level 3 sex offenders in family homeless shelters. I want to thank Senator Klein for his continuous efforts to tackle these avoidable and dangerous situations,” said Senator Peralta.

The number of sexual predators living in family shelters spiked since 2007 when Senator Klein first began looking into the issue.


There are 21 Level 2 and 3 sex offenders living in family shelters this year. The highest concentration of offenders live in Bronx shelters.

In 2015, Senator Klein learned that the Crystal Family residence in The Bronx housed two sexual predators who were eventually removed after he notified the city. Senator Klein worked with the city on this issue, and DHS publicly stated that no sexual predators would be housed with homeless families in February 2015.

Months later, DHS developed its own internal policy to screen sexual offenders and use discretion before placing them in family shelters. Factors that DHS would consider according to this procedure are the severity of the crime committed, the age and gender of the victim as well as their relationship to the offender, how long ago the crime was committed, whether that individual faced any existing residency restrictions, their age, and whether the offender happens to be the single custodial parent.  

Families in shelters feel unsafe when they learn a sexual predator lives in the same residence. Senator Klein introduced legislation, S. 1784, which would prohibit Level 2 and 3 sex offenders from residing in family homeless shelters to protect the city’s most vulnerable children from potential abuse.

It has passed the Senate numerous times, but the Assembly will not take it up.

NYC WILL BE FIRST CITY TO MANDATE THAT EXISTING BUILDINGS DRAMATICALLY CUT GREENHOUSE GAS EMISSIONS


Mandates on NYC’s 14,500 least efficient buildings to accelerate and deepen major efficiency upgrades; most ambitious program of its kind in the nation; financing to support retrofits, steep penalties for non-compliance; will spur 17,000 ‘green jobs’

  Mayor Bill de Blasio today announced new mandates that will force building owners to make sharp reductions in greenhouse gas emissions. The new rules will compel owners to meet fossil fuel caps – requiring deeper upgrades to boilers, water heaters, roofs and windows on an accelerated 2030 timeframe – with sharp penalties for failure to comply.

“Time is not on our side,” said Mayor de Blasio. “New York will continue to step up and make critical changes to help protect our city and prevent the worst effects of climate change. We must shed our buildings’ reliance on fossil fuels here and now. To do this, we are mandating upgrades to increase the energy efficiency of our buildings, helping us continue to honor the goals of the Paris Agreement. No matter what happens in Washington, we will not shirk our responsibility to act on climate in our own backyard.”

When President Trump announced the US would abandon the Paris Climate Agreement earlier this year, the Mayor pledged New York City would adhere to the treaty and accelerate its own actions to reach the 80 percent reduction in emissions by the 2050 target. Fossil fuels used for heat and hot water in buildings are the city’s single largest source of greenhouse gas emissions.

The mandates announced today frontload the most dramatic reductions into the coming decade, and are the first step the City must take to help hold global temperature increases to just 1.5 degrees Celsius and avoid the most disastrous effects of climate change.

Mandated fossil fuel caps will apply to all buildings over 25,000 square feet, and will trigger replacement of fossil fuel equipment and efficiency upgrades in the worst-performing 14,500 buildings, which together produce 24 percent of the city’s total greenhouse gas emissions.

In order to meet these targets, building owners will make improvements to boilers, heat distribution, hot water heaters, roofs and windows, requiring deeper changes during their replacement or refinancing cycles over the next 12 to 17 years.

The new targets will reduce total citywide greenhouse emissions 7 percent by 2035, the single largest step yet taken to reduce greenhouse gas emissions, equivalent to taking 900,000 cars off the road, and spur 17,000 green jobs performing building retrofits. The plan will be enacted via legislation, backed by the administration and sponsored by Council Member Costa Constantinides.

To compel building owners to meet these aggressive targets, the legislation will set annual penalties that increase with building size and the amount the buildings exceed the fossil fuel use targets. For example, a 30,000 square foot residential building operating substantially above its energy target would pay $60,000 for every year over the standard, starting in 2030. A one million square foot building operating well over its energy target would pay as much as $2,000,000 for every year over target. Failure to comply will also affect a building’s ability to receive future permits for major renovations.

To help smaller owners achieve these objectives, the legislation will authorize a Property Assessed Clean Energy program to provide financing at low interest with long terms that allow property owners to pay for energy efficiency investments through their property tax bill. A PACE program in New York City has the potential to finance $100 million annually in energy efficiency and clean energy projects. A 54-unit apartment building in the Bronx that recently upgraded its boiler and made energy-saving upgrades would have saved $8,000 per year in debt payments had PACE financing been available. The City will also continue to provide expansive technical support and sharing of best practices through the NYC Retrofit Accelerator program.

The plan will stop landlords of rent regulated buildings from displacing tenants or raising rents based on the cost of improvements required by new mandates. Targets for these buildings will be established in 2020, in tandem with reform of rent regulation. They will also have an extended compliance date of 2035.

The legislation is the first necessary step in fulfilling Mayor de Blasio’s Executive Order 26 signed after President withdrew the United States from the Paris Agreement. The executive order committed New York City to the principles of the Paris Agreement and directed all City agencies to develop a plan by September 30, 2017 to accelerate our 80 x 50 efforts and align them with the Paris agreement’s stretch goal of limiting a global temperature increase to l.5° Celsius.

In New York City, fossil fuels burned in buildings for heat and hot water are the number one source of greenhouse gas emissions, accounting for 42 percent of the citywide total. The burning of these fuels also contributes to air pollution that causes asthma, bronchitis, and premature death, particularly among children and seniors. To address this climate threat, the proposed legislation draws on inspiration from President Obama's Clean Power Plan and the successful New York City Clean Heat program to challenge building owners of the City's largest buildings to meet ambitious but achievable targets to reduce their use of fossil fuels. While the mandate will set the target, it leaves flexibility and time for building owners to make the necessary improvements that make the most sense for their building.
  
By 2035, benefits from this program include:

  • Less carbon pollution: Reduced citywide greenhouse gasses by 7 percent = 900,000 cars off the road.
  • Green jobs: 17,000 good middle class jobs created for plumbers, carpenters, electricians, engineers, architects, and energy specialists. A well trained workforce is necessary to help us to meet our ambitious goals and so the City's Green Jobs Corps, in close partnership with the skilled trades, will help to prepare thousands of New Yorkers for careers at good wages and benefits to do this work.
  • Less reliance on fossil fuels: 14 percent reduction in natural gas use and a 20 percent reduction in fuel oil use.
  • Cleaner air: Improved air quality, enough to avoid 40 premature deaths and 100 emergency room visits related to asthma every year.
  • Lower annual energy costs, more comfortable indoor spaces:Energy cost savings up to $300 million per year for multifamily building owners and more consistent temperature for tenants.

"At this moment, we're watching the climate change before our very eyes as the most intense storms like Harvey and Irma become more frequent," saidDaniel Zarrilli, NYC's  Senior Director of Climate Policy and Programs and Chief Resilience Officer. "These impacts could get even worse. Now is the time ‎to accelerate New York City's climate action to achieve the Paris Agreement and lead toward a safer, cleaner, and more resilient city and planet."

“Buildings are the city’s largest source of greenhouse gas emissions, and New York is leading by example with the most ambitious program in the nation to mandate a dramatic cut in emissions from our City’s building stock," said Mark Chambers, Director of the Mayor’s Office of Sustainability. "Less carbon pollution and less reliance on fossil fuels mean lower energy costs, more comfortable environments for tenants, and cleaner air for all New Yorkers, all of which put us on track toward achieving our vision of a sustainable, thriving, and just city."

"Climate change is not the cause of hurricanes but makes hurricanes much stronger. With devastation from back to back hurricanes, it is imperative that we reduce the demand for fossil fuels. Mayor de Blasio's bold commitment to reduce energy demand in buildings is timely and crucially important," said Judith Enck, former EPA Regional Administrator.

ADMINISTRATION FOR CHILDREN’S SERVICES RELEASES “A FOSTER PARENT’S GUIDE TO EDUCATION”


Guide provides information on navigating city’s school system and provides additional resources for foster parents and children in their care

  The New York City Administration for Children’s Services (ACS released its ACS Foster Parent’s Guide to Educationa valuable guide specifically made for foster parents to help them in navigating the city’s public school system. The guide – funded by New Yorkers For Children – highlights the many services and resources available to them and the children in their care− from birth to high school, college, and beyond.

“New York City’s more than 5,000 foster care parents play a vital and permanent role in the lives of the children in their care,” said ACS Commissioner David Hansell. “Quality education is nourished in the classroom, but begins in the home. Our role is to provide direction, support, and services to families so that they can ensure our kids perform to their best ability both in and outside of school.”

“We are committed to providing equity and excellence for all New York City students and families, and this guide will serve as a useful tool for foster parents and caregivers,” said Schools Chancellor Carmen Fariña. “Only by closely collaborating across City agencies can we meet the individual needs of students, parents, guardians and educators and this new guide is an example of this essential partnership in action.”

“We are thrilled to partner with ACS and fund this important work,” saidSaroya Friedman-Gonzalez, New Yorkers For Children’s Executive Director. “Foster parents play a critical role in the day-to-day educational success of the children in their care. This guide will serve as a useful resource for foster parents and will help ensure that youth in care across our city have the resources they need to accomplish their educational goals and this guide strives to help them achieve those goals.”

Education is the great equalizer, opening doors of opportunity and providing stability and focus that counter negative experiences ACS-involved youth may have had in their lives. For many children in foster care, school is a haven where they feel a sense of safety and a sense of belonging. Given what are sometimes unique challenges, children in foster care may need special attention to support their success.

The ACS Foster Parent’s Guide to Education will help foster parents and caregivers understand key developmental milestones; provide a better understanding of the Pre-K, Kindergarten, Middle School and High School admission processes throughout city schools; support the application process for colleges and post-high school programs; and expand their knowledge on alternative high school programs. The Guide will also provide information on other education-related topics for LGBTQ students, pregnant/parenting teens, and students with language barriers.

This educational guide will also help foster parents to engage and build partnerships with parents to support and improve the educational outcomes of children and help to facilitate education transition planning for when children in foster care return home.

 ACS is offering this valuable guide online and in schools to help foster parents take advantage of the many services and resources available to them and the children in their care, as part of our ongoing commitment to improve the foster care experience for both our young people and caregivers.

ACS has also partnered with the City University of New York, the NYC Department of Youth and Community Development, the Workplace Center at Columbia University School of Social Work, Pinkerton Foundation, New Yorkers For Children and other partners to launch multiple initiatives to improve education and employment outcomes for youth in foster care.  More than 400 youth in foster care are attending college, including about 100 participating in the Fostering College Success Initiative ACS Dorm Project in partnership with CUNY. 


About the New York City Administration for Children’s Services:
 
The Administration for Children’s Services (ACS) protects and promotes safety and well-being of New York City’s children and families by providing child welfare, juvenile justice, and early care and education services. In child welfare, ACS contracts with private nonprofit organizations to support and stabilize families at risk of a crisis through preventive services, and provides foster care services for children not able to safely remain at home. ACS is aggressively implementing a Foster Care Strategic Blueprint to improve outcomes for children in foster care.  The most recent status report indicates a 25% increase in children achieving permanency through kinship guardianship, and a 5% increase in children adopted from FY 2015 to FY 2016, even as the overall number of children in foster care continued to decline, among other significant progress made to improve case practice and outcomes for children and families in the foster care system.  In juvenile justice, ACS manages and funds services including detention and placement, intensive community-based alternatives for youth, and support services for families. In early care and education, ACS coordinates and funds programs and vouchers for close to 100,000 children eligible for subsidized care.   


For more information about NYC ACS, please visit www.nyc.gov/acs

Wave Hill Events Sep 29–Oct 6


Sat, September 30    Family Art Project: Mapping the Bronx Green
Visiting artist Francisco Donoso, exhibiting in Call & Response, the fall exhibition in Glyndor Gallery, works with the visual language of cartography and abstraction to make multi-layered artworks. Using recycled maps and printmaking, create individual collages or join in a collaborative map installation highlighting Bronx green spaces—like Wave Hill. Free, and admission to the grounds is free untilnoon. 
WAVE HILL HOUSE, 10AM‒1PM


Sat, September 30    Garden Highlights Walk
Join a Wave Hill Garden Guide for an hour-long tour of seasonal garden highlights. Free, and admission to the grounds is free until noon.
MEET AT PERKINS VISITOR CENTER, 11AM

Sat, September 30    Call & Response Artist Talk: Jeff Slomba
On select Saturdays, Call & Response artists will be presenting talks, readings, live music, performance art and workshops in and around Glyndor Gallery. This SaturdayCall & Response artist Jeff Slomba demonstrates and speaks about the production and use of charcoal as a drawing tool in his art. His work, Pyre, uses twigs and branches found onsite at Wave Hill as elements in constructing the work’s charcoal drawing and accompanying structure. Free with admission to the grounds.
GLYNDOR GALLERY, 2PM

Sun, October 1    Family Art Project: Mapping the Bronx Green
Visiting artist Francisco Donoso, exhibiting in Call & Response, the fall exhibition in Glyndor Gallery, works with the visual language of cartography and abstraction to make multi-layered artworks. Using recycled maps and printmaking, create individual collages or join in a collaborative map installation highlighting Bronx green spaces—like Wave Hill. Free with admission to the grounds. 
WAVE HILL HOUSE, 10AM‒1PM


Sun, October 1    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

Sun, October 1    Meet the Artists: Beth Ganz & Mona Kamal
Join us at this artist talk in Wave Hill House. Artists Beth Ganz and Mona Kamaleach discuss their projects on view. Paintings and prints by Ganz depict aerial views resembling topographic maps and photographs portraying ghostly images of trees covered in Spanish moss. Kamal’s paintings on birch bark feature delicately rendered flowering trees, inspired by patterns and motifs from Islamic tilework, miniature paintings and textiles. Free with admission to the grounds.
WAVE HILL HOUSE, 3PM

Mon, October 2    
Closed to the public.


Tue, October 3    Art Workshop Series Begins: Solving Daily Issues in Nature Photography
Nature photographer Benjamin Swett reviews exposure, image correction, monitor calibration and printing to help students turn their raw captures into stunning prints and digital files. Bring your digital camera and troubleshooting questions. Beginners welcome. $185/$150 Wave Hill Member. Registration required, online atwavehill.org or onsite at the Perkins Visitor Center. The four-session series continues October 10, 17 and 24.
WAVE HILL HOUSE, 10AM–1PM

Tue, October 3    Garden Highlights Walk
Join a Wave Hill Garden Guide for an hour-long tour of seasonal garden highlights. Free, and admission to the grounds is free until noon.
MEET AT PERKINS VISITOR CENTER, 11AM

Tue, October 3    Gallery Tour
Wave Hill’s Curatorial Fellow leads a tour of the current exhibition in Glyndor Gallery. This fall, the entire gallery is given over to new site-responsive projects honoring the tenth anniversary of Wave Hill’s Sunroom Project Space. Call & Response showcases the work of 50 artists who have exhibited in this unique venue, in projects ranging from art objects created from natural materials gathered onsite, to sound pieces, outdoor installations and performance works. Free with admission to the grounds.
GLYNDOR GALLERY, 2PM

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–5:30PM, starting March 15.  Closes 4:30PM, November 1–March 14.
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.

Senator Klein, Assemblyman Dinowitz & Council Member Cohen pen letter to DOT requesting lighting study at Riverdale site where 9/11 memorial plaque was stolen


Five American flags have also been taken from Endor Community Garden

Senator Jeff Klein, Assemblyman Jeffrey Dinowitz and Council Member Andrew Cohen wrote a joint letter to the city Department of Transportation requesting the agency conduct a lighting study in a Riverdale community garden where numerous 9/11 memorials have been stolen since June.

“To steal a memorial honoring local police officers and firefighters who made the ultimate sacrifice on 9/11 is unthinkable. The Endor Community Garden is a proven crime target, and one simple way to help combat this is by providing light to the area. I urge the DOT to do the right thing and get this process started by initiating a lighting survey immediately,” said Senator  Klein.

“The Endor Community Garden is a beautiful nook in our neighborhood that local residents have worked very hard to maintain and preserve to honor police officers and firefighters killed in the 9/11 attacks. This beautiful memorial has been vandalized on more than one occasion and we must take action to make sure this does not happen again. Providing better lighting discourages vandalism and so I urge the DOT to take the necessary steps to make this happen immediately,” said Assemblyman Dinowitz

"The thefts were disrespectful to the victims of 9/11, all those who grieve them, and to our community," said Council Member Andrew Cohen. "Conducting a lighting study in the area will help us understand what measures need to be taken to put an end to theft and vandalism in Endor Community Garden."

The thefts occurred at Endor Community Garden near West 253rd Street and Fieldston Avenue over a span of several weeks this summer. A plaque honoring local local police officers and firefighters killed in the Sept. 11 terror attacks was the first memorial taken. A local resident temporary replaced the plaque with American flags, but those too were taken on five separate occasions.

Nobody has yet been found responsible for the thefts and some community members have expressed concern over the lack of lighting in the the area surrounding the garden. To help deter another senseless theft, the Bronx lawmakers urge the city DOT to perform a lighting survey of the location. New lighting would increase safety and help prevent thefts to any future memorials at the site.

Six Members Of The “Rollin’ 30s” Crips Street Gang Charged With Racketeering, Narcotics, And Firearm Offenses


Charges Include the March 26, 2015, Murder of Innocent Bystander Victor Chafla

  Joon H. Kim, the Acting United States Attorney for the Southern District of New York, Angel M. Melendez, Special Agent in Charge of Homeland Security Investigations in New York City (“HSI”), and James P. O’Neill, Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of a Superseding Indictment charging WALSTON OWEN, a/k/a “Purpose,” RICHARD FELIZ, a/k/a “Dirt,” SHAQUILLE BAILEY, a/k/a “Shaq,” a/k/a “Jefe,” MIGUEL CABA, a/k/a “Miggs,” and NATHANIAL RODRIGUEZ, a/k/a “Cook,” with various crimes relating to racketeering, narcotics, and firearms offenses, including charges against FELIZ for the March 26, 2015, murder of Victor Chafla, an innocent bystander.  The defendants are charged as a result of their membership in the “Rollin’ 30s,” a subset of the nationwide Crips street gang.  Another individual, LEWIS TURNBULL, a/k/a “Lew,” was charged solely with a narcotics offense.  OWEN and COOK were arrested on these charges yesterday; FELIZ, BAILEY, TURNBULL, and CABA were already in federal custody on other charges.  OWEN and COOK will be presented in Manhattan federal court today before Chief Magistrate Judge Deborah Freeman.  The case is before United States District Judge Victor Marrero, and the defendants will be arraigned before Judge Marrero on September 14.
Acting U.S. Attorney Joon H. Kim said:  “As alleged in the superseding indictment, these defendants brought drugs and violence to the streets of our community, including the tragic murder of an innocent bystander, Victor Chafla. We commend the extraordinary efforts of our law enforcement partners to bring these defendants to justice, and express our hope that Mr. Chafla’s family and friends find some measure of justice in today’s charges.”
HSI Special Agent in Charge Angel M. Melendez said:  “These gang members are purported to have committed acts of violence, including murder and robbery, just to fund and protect its criminal enterprise, with one crew member alleged to have shot and killed an innocent bystander. These street gangs plague our community and HSI, with its longstanding partnership with the NYPD, will continue its efforts to rid our neighborhoods of such tormenters and ensure it’s known that they are not welcome.”
NYPD Commissioner O’Neill said:  “These alleged members of a Crips crew have been indicted on racketeering, narcotics and firearms-related charges.  One of the defendants is accused of shooting and killing an innocent bystander during a dispute with a rival gangmember in the Soundview section of the Bronx. These are serious offenses, and the type of violence we remain focused on that has led to significant reductions in crime.  I want to thank the members of the NYPD, the Southern District, and Homeland Security Investigations who have been working on this case.”
According to the allegations contained in the Indictment[1] and other documents in the public record, and statements made in court:
From 2013 to 2017, in the Southern District of New York and elsewhere, WALSTON OWEN, RICHARD FELIZ, SHAQUILLE BAILEY, MIGUEL CABA, and NATHANIAL RODRIGUEZ were members or associates of a racketeering enterprise known as the “Rollin’ 30s.”  In order to fund the enterprise, protect and expand its interests, and promote its standing, members and associates of the Rollin’ 30s committed, conspired, attempted, and threatened to commit acts of violence, including murder and robbery; they conspired to distribute and possess with intent to distribute narcotics; and they obtained, possessed, and used firearms, including by brandishing and discharging them.  LEWIS TURNBULL also conspired with certain members of the Rollin’ 30s to distribute and possess with intent to distribute crack cocaine and marijuana.
During a dispute with a member of an opposing crew, on March 26, 2015, FELIZ fired a gun in an attempt to kill that individual.  FELIZ instead hit an innocent bystander, Victor Chafla. Chafla died from his wounds a few days later.
The maximum potential sentences in this case are prescribed by Congress and are provided in the attached table for informational purposes only, as any sentencings of the defendants will be determined by a judge
Mr. Kim praised the investigative work of the NYPD and HSI.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty. 
Count Charges Defendants Maximum Penalties
1
Racketeering Conspiracy WALSTON OWEN, RICHARD FELIZ, SHAQUILLE BAILEY, MIGUEL CABA, and NATHANIAL RODRIGUEZ Life in prison (all defendants except FELIZ)   Life in prison or death (FELIZ)
2
Conspiracy To Commit Murder in Aid of Racketeering RICHARD FELIZ Life in prison
3
Murder in Aid of Racketeering RICHARD FELIZ Life in prison or death
4
Use of a Firearm Resulting in Death RICHARD FELIZ Life in prison or death
5
Using, Carrying, Possessing, Brandishing, and Discharging Firearms WALSTON OWEN, RICHARD FELIZ, SHAQUILLE BAILEY, MIGUEL CABA, and NATHANIAL RODRIGUEZ Life in prison   Mandatory minimum of 10 years in prison
6
Narcotics Conspiracy WALSTON OWEN, RICHARD FELIZ, SHAQUILLE BAILEY, and LEWIS TURNBULL Life in prison   Mandatory minimum of 10 years in prison




Brian Coll, Former Correction Officer At Rikers Island, Sentenced To 30 Years In Prison For The Beating Death Of Inmate Ronald Spear


  Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced that BRIAN COLL, a former New York City Correction Officer, was sentenced today by U.S. District Judge Loretta A. Preska to 30 years in prison for causing the death of Ronald Spear, a pre-trial detainee at Rikers Island, and for obstructing justice by covering up the true cause of Spear’s death.  COLL, then a correction officer on Rikers Island, was convicted following an eight-day jury trial of, among other charges, causing Spear’s death by repeatedly kicking him in the head while he was restrained and lying prone on the floor, in violation of his rights under the United States Constitution.  Spear died shortly after the attack.  COLL was arrested on a complaint on June 10, 2015, and has been in federal custody since that time. 

In imposing today’s sentence, Judge Preska stated:  “This is a serious offense that requires a serious punishment.  It is also a crime where deterrence is, in the Court's view, an important consideration.”
Acting Manhattan U.S. Attorney Joon H. Kim said:  “Correction Officer Brian Coll brutally beat to death Ronald Spear, an ailing and vulnerable Rikers Island inmate.  As proven at trial, after Spear had been restrained by other correction officers and lay prone on the ground, Coll reared his leg back and kicked Spear in the head, over and over again.  What Officer Brian Coll did on December 19, 2012 – viciously beating to death a defenseless man – was a murderous crime, whether inside or outside prison.  And he has now been held accountable for it.  The protections of the U.S. Constitution extend to all of us, including those within our prison walls.  Today’s sentencing of Brian Coll reminds us all of that.”
According to the allegations in the Indictment and the evidence introduced at trial: 
Rikers Island is a jail complex located in the Bronx, New York, maintained by the New York City Department of Correction.  At the time of his death, Ronald Spear was a pretrial detainee incarcerated on Rikers Island in the North Infirmary Command, a facility housing detainees who, like Spear, have serious or chronic medical needs.  In the early morning hours of December 19, 2012, Spear left the housing area in the infirmary unit in an attempt to see the on-duty doctor but was stopped by COLL, who said that the doctor was not available to see him.  In an altercation that ensued, COLL punched Spear several times in the face and stomach, after which Spear was restrained by two other correction officers, Anthony Torres and Byron Taylor.  While Spear was lying prone on the ground and was still restrained, COLL repeatedly kicked Spear in the head, even after Torres attempted to shield Spear’s head with his hand and shouted at COLL to stop.  After COLL stopped kicking Spear, COLL lifted up Spear’s head, told him to remember who had done this to him, and then dropped Spear’s head to the ground.  Spear was pronounced dead at the scene shortly after the assault.
Spear’s autopsy was conducted at the Bronx Office of the Chief Medical Examiner (the “CME”).  The autopsy revealed that Spear had at least three recent contusions on his skull, and that he had suffered a “brain bleed” caused by blunt force trauma to the head, consistent with Spear being kicked in the head while he was lying prone on the ground.  The CME found that Spear had suffered a cardiac arrhythmia as a result of the head trauma.  The assault by COLL was therefore, as the jury found, the cause of Spear’s death.
After Spear’s death, COLL, Taylor, Torres, and others, covered up the true cause of Spear’s death by concocting a false story that turned Spear into the aggressor, falsely claiming that Spear had attacked COLL with a cane.  Specifically, COLL falsely claimed that Spear had attacked him with a cane, and Torres agreed to support this false version of events and further agreed not to not relay that COLL had repeatedly kicked Spear in the head.  Additionally, at Taylor’s request, COLL, Torres, and an additional correction officer agreed to claim falsely that Taylor was not present for the incident.  Consistent with their agreement, the conspirators filed false Use of Force reports with the Department of Correction and lied repeatedly to Department of Correction supervisors and investigators, and to the Bronx District Attorney’s Office.
COLL and his coconspirators propagated this false version of events after being advised by a Rikers captain to be consistent in the Use of Force reports that the officers were required to submit following Spear’s death.  Additionally, when no cane was recovered from the crime scene – potentially calling into doubt COLL’s claim that Spear had attacked him with a cane – another Rikers captain directed a correction officer to take a cane from a supply area and to pass it off to investigators as the cane used in the incident.  
BRIAN COLL, 47, of Smithtown, New York, was sentenced to 30 years in prison and five years of supervised release. 
Mr. Kim praised the investigative work of the Federal Bureau of Investigation and the Criminal Investigators at the United States Attorney’s Office.  Mr. Kim also thanked the New York City Department of Correction, Investigative Division, and the Bronx District Attorney’s Office for their assistance in the investigation.