Kroger Shooting Suspect Charged with Federal Hate Crimes and Firearm Offenses

  Gregory A. Bush, 51, was indicted by a federal grand jury on hate crime and firearm charges arising out of the racially motivated murder of two African-American patrons at a Kroger grocery store, and the attempted murder of a third, on Oct. 24 in Jeffersontown, Kentucky. The indictment was announced by Acting Attorney General Matthew Whitaker, Assistant Attorney General Eric Dreiband for the Civil Rights Division, U.S. Attorney Russell Coleman, and FBI Louisville Special Agent in Charge James Robert Brown, Jr.                                                                                                                   

This indictment charges Bush with hate crimes for shooting and killing two victims because of their race and color; and for shooting at a third man because of his race and color. The indictment also charges Bush for using and discharging a firearm during and in relation to those crimes of violence. The indictment alleges that Bush committed the offenses after substantial planning and premeditation, that he killed more than one person in a single criminal episode, and that he knowingly created a grave risk of death to others on the scene.

The maximum penalty for the charges in the indictment is life imprisonment or the death penalty.  The Justice Department will determine at a later date whether, in this particular case, it will seek the death penalty.  

"The crimes alleged in this indictment are horrific," Acting Attorney General Whitaker said. "We cannot and will not tolerate violence motivated by racism. We will bring the full force of the law against these and any other alleged hate crimes against fellow Americans of any race. And so I want to thank the FBI, Trial Attorney Christopher Perras, and Assistant United States Attorney Amanda Gregory for all of their hard work that has made this indictment possible. Today we take one step closer to justice for the victims and their families and one step closer to helping this community try to heal."

“There is no place for hate-fueled violence in our community or Commonwealth,” stated U.S. Attorney Russell Coleman. “Federal, state, and local law enforcement stand united to ensure that Kentuckians can shop, worship, or attend school without the specter of fear.”

“The tragic events of October 24, 2018, are a grim reminder of why the FBI prioritizes investigations of civil rights violations among the top of its criminal programs,” said FBI Louisville Special Agent in Charge James Robert Brown, Jr. “Today's indictment should be a reminder to those who are motivated by hate and are intent on committing violence; your hateful ideology will not have the last word. The FBI, and the Department of Justice, will be there, and you will be caught and prosecuted to the fullest extent of the law.”

“The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is committed to working with our law enforcement partners to ensure justice for the victims, their families and the Louisville community throughout the investigation and prosecution of this alleged, hate-filled and violent crime,” stated Stuart Lowrey, Special Agent in Charge of the ATF Louisville Division. “Today, and every day, ATF’s ongoing priority is to reduce violent crime and secure the safety of our communities.”

An indictment is merely an accusation and the defendant is presumed innocent unless proven guilty.

After Snowstorm Chaos, Comptroller Stringer Demands Answers From Department of Sanitation

  New York City Comptroller Scott M. Stringer sent a letter to the Department of Sanitation (DSNY) following reports of havoc throughout the city due to poor preparation and an insufficient response to snow conditions.

In a city that routinely experiences heavy snowfalls each year, there is no reason that six inches of snow should have caused problems as severe as school buses taking more than 10 hours to bring kids home. New Yorkers need a full and complete explanation of what went wrong and how DSNY intends to prevent this from happening again

MAYOR DE BLASIO NOMINATES MARGARET GARNETT TO SERVE AS COMMISSIONER OF THE DEPARTMENT OF INVESTIGATION

Veteran federal and state prosecutor to lead City watchdog agency

  Mayor Bill de Blasio announced that he has nominated Margaret Garnett to serve as Commissioner of the Department of Investigation. Garnett currently serves as Executive Deputy Attorney General for Criminal Justice in the Office of the New York State Attorney General, where she supervises more than 150 prosecutors and 130 criminal investigators while advising the Attorney General on criminal justice policy.

“Margaret has spent decades protecting the public’s interest, prosecuting criminals both inside and outside of government. She is fiercely dedicated to defending what’s right and will bring that independence and integrity to the Department of Investigation. I thank Mark Peters for his service and look forward to the City Council’s consideration of Ms. Garnett’s appointment,” said Mayor de Blasio.

Prior to her time with the New York State Attorney General, Garnett spent 12 years as a federal prosecutor in the office of the United States Attorney for the Southern District of New York, where she was responsible for prosecuting gang violence, racketeering, organized crime, violent crime, international terror and tax fraud.

As DOI Commissioner, Garnett will use her experience to protect New York City taxpayers and residents from fraud, waste and abuse.

“Nothing matters more than integrity in public service. As Commissioner for the Department of Investigation, I will make it my mission to ensure that everyone working for New York City adheres to the highest standard of ethics and is deserving of the public’s trust,” said Margaret Garnett. “I am honored and excited to lead this important, independent office, filled with distinguished professionals who carry out their mission with integrity and dedication every day. Throughout my career I have been an advocate for justice, cracking down on public corruption, organized crime and financial fraud. That unwavering commitment to doing what is right – often in the public eye – will only continue during my service at the Department of Investigation.”

In the interim, Leslie Brovner, formerly First Deputy Commissioner at the Department of Investigation, will serve as Acting Commissioner.

About Margaret Garnett

Margaret Garnett serves as the Executive Deputy Attorney General for Criminal Justice. Previously, Ms. Garnett was an Assistant United States Attorney in the Criminal Division in New York’s Southern District, where she served as Chief of Appeals and Chief of Violent and Organized Crime Unit, among other roles. She tried fifteen criminal cases to verdict, including the then largest tax fraud case in US history. In 2011, Ms. Garnett received the Director’s Award for Outstanding Performance as an Assistant United States Attorney, the second-highest award in the Department of Justice. In 2016, Ms. Garnett received the 2016 Stimson Medal, given annually by the Association for the Bar of the City of New York to one exceptional Assistant United States Attorney from each division of the U.S. Attorney’s Offices for the Southern and Eastern Districts of New York. Ms. Garnett was previously an Associate at Watchell, Lipton, Rosen & Katz. Ms. Garnett has served as an adjunct professor at Columbia University Law and Brooklyn Law School, and clerked for the Honorable Gerard E. Lynch in the U.S. District Court for the Southern District of New York. She received her B.A. at the University of Notre Dame, her M.A. from Yale University, and her J.D. from Columbia University. Garnett lives in Brooklyn with her husband and their twins.

MAYOR DE BLASIO ISSUES UPDATE ON WINTER STORM RESPONSE

  Friday November 16, 2018 – Mayor de Blasio today updated New Yorkers on the City’s response to Thursday’s snow storm. The City continues its response and is working to clear roadways as quickly as possible. The NYC Department of Sanitation operations continue, with 325 salt spreaders deployed throughout the city. The NYC Department of Parks and Recreation continues its response to downed trees with 100 cutters working 12-hour shifts through the weekend to remove downed branches and tree limbs.

Parking and Trash Collection

• Alternate Side Parking is suspended today to facilitate snow removal operations. Parking meters remain in effect throughout the city.

• Refuse and recycling collections have resumed with delays expected.  

Travel

• Motorists are advised to stay off the roads to allow for continued cleanup. If you must travel, allow for extra time, and use mass transportation whenever possible. New Yorkers are also urged to exercise caution and minimize walking outdoors, as conditions are expected to be slippery. 

AGENCY UPDATES:

Parks

·         The City’s Downed Tree Task Force has been activated to assist with coordinating cleanup of downed trees and limbs.

·         The Parks Department has 20 crews throughout the city with more than 100 cutters removing downed trees and limbs.

·         The Department has removed 65 downed trees throughout the city and will continue to work 12-hour shifts through the weekend.

Department of Sanitation

• The New York City Department of Sanitation (DSNY) has deployed 325 salt spreaders to treat icy road conditions throughout the city. 

FDNY

·         All FDNY ladder companies and special units have crews equipped with chainsaws coordinating with the Department of Parks and Recreation to cut and remove downed trees. Crews will be working throughout the weekend.

NYPD

·         NYPD Emergency Services Unit has crews equipped with chainsaws coordinating with the Department of Parks and Recreation to cut and remove downed trees. Crews will be working throughout the weekend.

Department of Education

• All New York City public schools are open. Field trips requiring yellow buses have been cancelled.

• After-school programs, YABC programs, PSAL activities, and adult education programs have also been cancelled. Public hearings have been cancelled and will be rescheduled.

  

NYC Emergency Management

  

• NYC Emergency Management continues to update elected officials with the latest information regarding the storm’s impact to New York City.

• NYC Emergency Management is continuing to provide updates to the public through Notify NYC.

• The Department continues to coordinate storm response and deployed Citywide Interagency Coordinators (CICs) throughout the city to facilitate response coordination with City agencies.

DOT

·         The Department of Transportation removed 18 downed trees along the Bronx River Parkway and Laurelton Parkway at Merrick Boulevard and is continuing to monitor. 

·         Department of Transportation crews have been deployed for snow and ice removal at 31 municipal parking fields, bike paths, and plazas throughout the City.

NYCHA

·         The New York City Housing Authority has removed 17 downed trees from its developments.

·         NYCHA has increased staffing through the weekend to address an increase in tenant calls and heat-related issues.

Scare at Riverdale Kingsbridge Academy

  Thursday police from the 50th precinct were called to Riverdale Kingsbridge Academy on West 237th Street in Riverdale after threatening  messages to students were found on social media. Deputy Inspector Terrence O'Toole said that police officers from the 50th precinct, School Safety officers, and other law enforcement converged on the school in the morning after being called by the school's principal. 

Rumors came from the school of an armed shooter, but DI O'Toole said there was no gun, just a Bic pen placed a certain way sticking in a coat pocket to make it appear that the pen was a gun. He added that no students were in any danger at any time, and that the police had to wait to contact the students parent before talking to the student in question.

Bronx Man Charged With 2014 Murder

  Geoffrey S. Berman, United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and James P. O’Neill, Commissioner of the New York City Police Department (“NYPD”), announced the return of a superseding indictment charging ALEXANDER MELENDEZ, a/k/a “Kiki,” with the murder of Shaquille Malcolm.  MELENDEZ, who is already in federal custody on other charges, will be arraigned on the superseding indictment on December 29, 2018, before United States District Judge Lewis A. Kaplan. 

U.S. Attorney Geoffrey S. Berman said:  “As alleged, the defendant murdered 20-year-old Shaquille Malcolm in the Bronx in 2014.  Now, thanks to the outstanding work of the FBI and NYPD, the defendant has been charged with this terrible crime.  We will continue to work with our partners in law enforcement to hold violent criminals responsible for their actions.”

FBI Assistant Director-in-Charge William F. Sweeney Jr. stated:  “As demonstrated by the addition of murder charges to Melendez’s alleged crimes, the illegal drug trade often leads to additional violent criminal activity that threatens the safety and security of our communities.  This individual believed himself to be above the law, and now he will face justice for his alleged crimes.  The FBI and our law enforcement partners will continue to root out these violent criminals and ensure they are held accountable to the fullest extent of the law.”

According to the Superseding Indictment[1]: 

In early 2014, MELENDEZ was a member of a conspiracy to distribute crack cocaine in the Allerton section of the Bronx, New York.  On January 2, 2014, as part of this conspiracy, MELENDEZ and others shot Shaquille Malcolm multiple times in the stairwell of an apartment building located at 2818 Bronx Park East in the Bronx.  Malcolm died at the scene.

MELENDEZ, 23,  is charged with one count of conspiring to distribute 280 grams and more of crack cocaine, which carries a mandatory minimum of 10 years in prison and maximum of life in prison; one count of using, carrying, and possessing firearms during and in relation, and in furtherance of, a drug trafficking crime and aiding and abetting the same, which carries a mandatory consecutive 10 year sentence in prison and a maximum sentence of life in prison; one count of use of a firearm to commit murder in furtherance of a drug trafficking crime and aiding and abetting the same, which carries a maximum sentence of life in prison or death; and one count of murder while engaged in a conspiracy to distribute 280 grams and more of crack cocaine and aiding and abetting the same, which carries a maximum sentence of life in prison or death.  The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.

Mr. Berman praised the outstanding investigative work of the FBI and NYPD.

The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

[1]  As the introductory phrase signifies, the entirety of the text of the Indictment and the descriptions of the Indictment constitute only allegations, and every fact described should be treated as an allegation.

Member Of The Genovese Crime Family Charged In Superseding Indictment With Destruction Of Evidence And Obstruction Of Justice

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced the filing of a Superseding Indictment against JOHN TORTORA JR. a/k/a “Johnny T,” charging him with destruction of evidence, falsifying records, and obstruction of justice.  TORTORA was previously indicted on charges of racketeering conspiracy, murder in aid of racketeering, and murder for hire in United States v. Tortora, 18 Cr. 537 (SHS).  He was arrested on August 2, 2018, and has remained in custody since that time. TORTORA will be arraigned on the new charges on November 19, 2018 before the Honorable Sidney H. Stein at the United States Courthouse in Manhattan. 

Manhattan U.S. Attorney Geoffrey Berman said:  “As alleged in the Superseding Indictment, in an attempt to hide his illegal racketeering activity, the defendant was willing to destroy evidence and obstruct justice.  Thanks to the ongoing efforts of the FBI and the Yonkers Police Department, the defendant’s alleged attempts to impede the criminal justice process have  resulted in his being charged with additional federal crimes.”

The charges in the Superseding Indictment[1] arise from TORTORA’s alleged role in destroying video recording evidence, and in the subsequent creation of a letter containing false information about the destruction of that evidence, which was provided to the U.S. Attorney’s Office.  As alleged in the Superseding Indictment, these acts were undertaken with the intent to impede the investigation into the racketeering activities of the Genovese Crime Family of La Cosa Nostra. 

In addition to the previous charges of conspiracy to commit racketeering, murder in aid of racketeering, and murder for hire, TORTORA, 61, of Yonkers, New York, is charged with destruction of evidence, which carries a maximum penalty of 20 years in prison, falsifying records, which carries a maximum penalty of 20 years in prison, and obstruction of justice, which carries a maximum penalty of 20 years in prison.  The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Mr. Berman praised the outstanding investigative work of the FBI, the Yonkers Police Department, and the Special Agents of the United States Attorney’s Office for the Southern District of New York.

The charges contained in the Superseding Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.  

 [1] As the introductory phrase signifies, the entirety of the text of the Superseding Indictment and the description of the Superseding Indictment set forth below constitute only allegations, and every fact described should be treated as an allegation.

Bronx Man Pleads Guilty In Manhattan Federal Court To Attempting To Provide And Conspiring To Provide Material Support To Isis

Adam Raishani, a/k/a “Saddam Mohamed Raishani,” Attempted to Travel to Syria

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and John C. Demers, the Assistant Attorney General for National Security, announced that ADAM RAISHANI, a/k/a “Saddam Mohamed Raishani,” pled guilty to attempting to provide and conspiring to provide material support to the Islamic State of Iraq and al-Sham (“ISIS”).  RAISHANI pled guilty today to a Superseding Information in Manhattan federal court before U.S. District Judge Ronnie Abrams.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “As he admitted in court today, Adam Raishani helped another man travel to Syria to join and train with ISIS, and he plotted to make that trip himself to carry out his own desire to wage violent jihad.  Thanks to the excellent work of the FBI and the NYPD, Raishani’s trip to ISIS was canceled at the airport.  This would-be ISIS terrorist now awaits sentencing for his crimes.”

According to the allegations in the Superseding Information, Complaint, other court filings, and statements made during court proceedings:

Beginning in at least the fall of 2015, RAISHANI conspired with another ISIS supporter (“CC-1”) to provide material support to ISIS by means of CC-1 traveling abroad to join and fight for ISIS.  On or about October 30, 2015, CC-1 departed from JFK Airport for Istanbul, Turkey, where he planned to cross into Syria to join ISIS.  RAISHANI arranged for CC-1’s transportation from the Bronx, New York, to John F. Kennedy International Airport (“JFK Airport”), and RAISHANI accompanied CC-1 from the Bronx to JFK Airport.

RAISHANI continued communicating with CC-1 following CC-1’s departure.  For example, on or about January 2, 2016, RAISHANI sent an email to CC-1 stating:  “Glad tidings brother. Its [sic] been some time since your voyage. I pray to Allah The ALL MIGHTY to grant you success. Until next time.”[1]  On or about April 1, 2016, RAISHANI sent another email to CC-1 stating:  “I hope Allah has bestowed you what you were seeking. . . . May Allah grant you sincere and clean intentions and make you among the righteous in Janatal Firdaus [a reference to Islamic paradise]. . . . Please return this email and respond to what we agreed upon before your departure. Until next time.”  On or about May 3, 2016, CC-1 responded to RAISHANI, indicating that he had succeeded in joining the Islamic State.  CC-1 informed RAISHANI that CC-1 was “fine and well,” that CC-1 “wished you [RAISHANI] were here with me,” and that “here we are living with izza [honor].”

Also in May 2016, CC-1 posted content on a particular social media application (“Application-1”) indicating that CC-1 was living in the Islamic State and fighting on its behalf.  For example, CC-1 sent messages to another user of Application-1 stating:  “I’m living in the Islamic state safely and secure by the permission of Allah,” “[h]ere we are fighting the kuffars [non-believers],” and “I left the land of kuffars now I’m living in the khilafah [the caliphate].”  CC-1 also posted a photograph on Application-1 that shows CC-1 carrying an assault rifle and a flag representative of ISIS. 

Between January and June of 2017, RAISHANI had a series of meetings with individuals who were, unbeknownst to RAISHANI, a confidential source working at the direction of law enforcement and an undercover law enforcement officer.  In the course of those meetings, RAISHANI admitted that he had previously helped another person (CC-1) travel overseas to join the Islamic State, and stated that he intended to travel overseas to join ISIS himself.  During those meetings, RAISHANI also downloaded and viewed violent ISIS propaganda videos, and indicated his desire to wage jihad and his belief that the Quran can be read to justify the violence, including beheadings, engaged in by ISIS.   

By April 2017, RAISHANI was actively planning to travel abroad to join ISIS.  RAISHANI indicated that he aspired to join ISIS in Syria and that he aimed to travel before the end of Ramadan, an Islamic holy month that ran from approximately May 26 through June 24 of 2017.  In June 2017, RAISHANI made preparations to leave, including by paying off debts and purchasing clothing that he intended to wear for training with ISIS overseas.  RAISHANI indicated his intention to meet an ISIS member in Turkey, who would facilitate RAISHANI’s joining the terrorist organization in Syria.  On June 21, 2017, RAISHANI attempted to board a flight bound for Turkey (via Portugal) at JFK Airport, at which point law enforcement officers arrested him.

Following RAISHANI’s arrest, the FBI searched RAISHANI’s Bronx residence pursuant to a search warrant.  Among the evidence recovered was a letter from RAISHANI addressed to members of his family, which the FBI found in a safe in RAISHANI’s bedroom.  In the letter, RAISHANI – who left behind his wife and young son when he attempted to travel to Syria to join ISIS – advised his wife that she could still choose to “[j]oin” him in the Islamic State, and he expressed regret that she did not share his radical views and that he had been unable to convince her to accompany him to join ISIS.  RAISHANI also wrote:  “Do Not Divulge this document and other documents that I have giv[en] to you to the authorities.  Do not believe their plots.  Do not divulge my absences but instead say I went to do volunteering outside the country with my medical skills and health background.”          

RAISHANI, 32, of the Bronx, New York, pled guilty to one count of attempting to provide material support or resources to a designated foreign terrorist organization, namely, ISIS, which carries a maximum sentence of 20 years in prison, and one count of conspiring to provide material support or resources to ISIS, which carries a maximum 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 sentencing of the defendant will be determined by a judge.  Sentencing is scheduled for March 8, 2019, at 3:00 p.m., before Judge Abrams.

Mr. Berman and Mr. Demers praised the outstanding efforts of the FBI’s New York Joint Terrorism Task Force, which principally consists of agents from the FBI and detectives from the NYPD, and the NYPD’s Intelligence Division.  Mr. Berman and Mr. Demers also thanked the New York Office of U.S. Customs and Border Protection.

[1] Communications and conversations discussed herein are described in substance and in part.