Five Defendants Charged With Murder In Aid Of Racketeering And Other Crimes

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Angel M. Melendez, the Special Agent-in-Charge of the New York Field Office of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of superseding federal indictments charging RICHARD DRAYTON, a/k/a “Rad,” FRANKIE REYES, a/k/a “Biscuit,” ALFREDO RODRIGUEZ, a/k/a “Fetti,” TEVIN MABLE, a/k/a “Tot,” and JORGE IRIZARRY, a/k/a “Gito,” with gang-related crimes, including the March 13, 2015, murder of Johnathan Martinez, 18, in the Bronx, New York.

U.S. Attorney Geoffrey Berman said:  “As alleged, the defendants were members of a violent gang who killed a young man from their neighborhood in a pointless, gang-related dispute.  We thank HSI and the NYPD for their outstanding work investigating this terrible murder.  We will continue our efforts with our law enforcement partners to prevent such senseless acts of violence.”

HSI Special Agent in Charge Angel M. Melendez said:  “As alleged, the individuals charged are members of the Crips gang who gunned down an 18-year-old man in the Bronx to bolster their street credibility.  For this alleged violent crime, if convicted, they could face life sentences that would put an end to their racketeering and murderous ways.  HSI remains committed to working alongside NYPD’s Bronx Violent Crime Squad.”

NYPD Commissioner James P. O’Neill said:  “The ability of investigators to bring about justice for this young man and provide a sense of closure to his loved ones is paramount.  The identification and arrest of these defendants was a team effort that would not have been possible without the close partnership that exists between the NYPD and our law-enforcement partners.  I thank and commend the NYPD investigators, the Southern District of New York, and Homeland Security Investigations for their relentless work in this case.”

According to the Indictment[1]: 

DRAYTON, REYES, RODRIGUEZ, MABLE, and IRIZARRY were members of the “Wild Card” set of the Crips gang.  The defendants sold drugs and used guns to further the aims of the Wild Cards.  On March 13, 2015, the defendants took part in the shooting murder of Johnathan Martinez in order to maintain and increase their reputation in the Wild Cards.

IRIZARRY, 25, of the Bronx, New York, was arrested on March 2, 2019, near Ocala, Florida.  He was presented in federal court in the Middle District of Florida earlier today, and will be transported to the Southern District of New York to face charges.  MABLE, 26, of the Bronx, New York, was arrested on February 28, 2019, near Kinston, North Carolina.  He was presented in federal court in the Eastern District of North Carolina, and will also be transported to the Southern District of New York to face charges.  DRAYTON, 43, of the Bronx, New York, was arrested in the Bronx on Friday, February 22, 2019, and presented in this District before United States Magistrate Judge Ona Wang the same day.  REYES, 24, and RODRIGUEZ, 27, both of the Bronx, New York, were already in federal custody on other charges. This case is assigned to United States District Judge Loretta A. Preska.

Mr. Berman praised the outstanding investigative work of the NYPD’s Bronx Violent Crime Squad and HSI’s Violent Gang Unit.

The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless proved guilty.

Charts containing the names, charges, and maximum penalties for the defendants are set forth below.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

COUNT	DEFENDANT(S)	MAX. TERM OF IMPRISONMENT
Count One: Conspiracy to Commit Racketeering (18 U.S.C. § 1962(d))	Richard Drayton Frankie Reyes Alfredo Rodriguez Tevin Mable Jorge Irizarry	Life Imprisonment
Count Two: Murder in Aid of Racketeering (18 U.S.C. § 1959(a)(1))	Richard Drayton Frankie Reyes Alfredo Rodriguez Tevin Mable Jorge Irizarry	Mandatory Minimum Sentence of Death or Life Imprisonment
Count Three: Use of a Firearm to Commit Murder (18 U.S.C. § 924(j)(1))	Richard Drayton Frankie Reyes Alfredo Rodriguez Tevin Mable Jorge Irizarry	Death or Life Imprisonment; Mandatory Minimum Sentence of 5 Years
Count Four: Use and Discharge of Firearms in Furtherance of Racketeering Conspiracy (18 U.S.C. § 924(c)(1)(A)(iii))	Richard Drayton Frankie Reyes Alfredo Rodriguez Jorge Irizarry	Life Imprisonment; Mandatory Minimum Sentence of 10 Years
Count Five: Conspiracy to Distribute Narcotics (21 U.S.C. §§ 846 and 841(b)(1)(A))	Richard Drayton Frankie Reyes Jorge Irizarry Tevin Mable	Life Imprisonment; Mandatory Minimum Sentence of 10 Years
Count Six: Use and Discharge of Firearms in Furtherance of Narcotics Conspiracy (18 U.S.C. § 924(c)(1)(A)(iii))	Richard Drayton Frankie Reyes Jorge Irizarry Tevin Mable	Life Imprisonment; Mandatory Minimum Sentence of 10 Years

[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.

DOI ISSUES CALENDAR YEAREND 2018 STATISTICS

   MARGARET GARNETT, Commissioner of the New York City Department of Investigation (“DOI”), announced the agency’s statistics for Calendar Yearend (“CY”) 2018, which showed steady outcomes in several areas, specifically, arrests, current and closed investigations, and policy and procedure recommendations. In CY 2018:

DOI made 720 arrests, comparable to CY 2017, when DOI’s investigations resulted in 738 arrests. 

There were more than 15,000 complaints to DOI in CY 2018, an increase from 12,440 in CY 2017.  

DOI had approximately 2,073 investigations on its docket in CY 2018, similar to the previous calendar year, when it had 2,023. 

DOI closed 1,439 investigations in CY 2018, as compared to 1,344 closed investigations in CY 2017. 

DOI issued an estimated 1,871 policy and procedure recommendations in CY 2018, an increase from the 1,118 the agency issued in CY 2017.

“Numbers are important as an introduction to the larger story of this agency,” said DOI Commissioner Margaret Garnett. “But numbers should not be viewed in isolation and must be understood in the context of the types of investigations, arrests and reforms that result from DOI’s work. Holding public officials and City agencies accountable; finding and fixing problems that impair the City’s ability to be effective; protecting public funds and the safety of New Yorkers: these are the tangible results of DOI’s work and the meaningful outcomes that make these statistics matter. I commend the staff at DOI for their hard work in 2018.”

Some highlights of DOI cases from 2018 include:

A former Brooklyn Assemblywoman was charged, pleaded guilty, and sentenced to prison for multiple fraud schemes and witness tampering. DOI worked with the office of the United States Attorney for the Eastern District of New York and the Federal Bureau of Investigation (“FBI”) on the investigation. 

The arrest of 17 certified asbestos investigators on charges of filing documents that falsely stated planned construction at dozens of properties in Manhattan and Staten Island would not disturb asbestos. DOI worked with the District Attorney offices for Manhattan, Queens, and Staten Island, as well as the City Department of Environmental Protection (“DEP”). The investigation resulted from concerns brought to DOI by DEP asbestos enforcement staff. Separately, DOI worked with the Brooklyn District Attorney’s Office on an investigation that led to the indictment of five people and two businesses in connection with the illegal renovation of four properties in the borough, allegedly conspiring to bypass safety protocols, including asbestos abatement, using forged documents and falsifying business records to maximize profits. 

A year-long investigation that found the Police Department’s Special Victims Division (“SVD”), which investigates cases involving sexual assaults, was understaffed and under-resourced. Following this investigation, the Police Department added over 60 new investigators to the SVD squads that investigate adult sex-crimes. Upgrades to current SVD facilities are underway and new facilities are being planned. And the prioritization of stranger rape over acquaintance rape has ended.

A joint investigation with the Manhattan District Attorney and other law enforcement partners resulted in the indictment of 13 individuals and nine companies on charges of engaging in three separate schemes that involved bribery, business fraud and misrepresentations about political campaign contributions. The investigation also revealed how a City employee and contractors corrupted the integrity of the City’s procurement and minority business enterprise program. Read DOI’s report on the investigation.

DOI continued its focus on rooting out contraband smuggling and other corruption from the City’s jails, making a dozen separate arrests of Correction Officers and other City Department of Correction personnel on contraband, assault, false filing and other charges. In December 2018, DOI was part of the joint investigation that resulted in the indictment of 29 alleged Mac Balla gang members and associates on crimes that included attempted murder, assault and smuggling scalpels into jails. 

A DOI investigation found that the City Department of Homeless Services (“DHS”) did not adequately screen for criminality before placing homeless families with children at commercial hotels. The investigation led DOI to issue recommendations that called for strengthening DHS protocols for vetting potential hotel sites and mitigate risks associated with ongoing criminal activity.

Criminal complaints and indictments are accusations. Defendants are presumed innocent until proven guilty.

YGT 2019 Youth Talent Event Information

AUDITIONS:

For Youth Ages 5 y/o - 25 y/o

Youth Gifted & Talented: “Stirring Up The Gifts”  

(previously called Youth Got Talent: “Stirring Up The Gifts”)

Competition & Show (May 2019 event)

March 23^rd (Sat)

10am-12pm @ Claremont Neighborhood Center Upstairs                                 489 E. 169th Street (off Third Ave) Bronx, NY 10456 Bus #15 exit E. 169^th St

~ or ~ 2pm-4pm @ GMBC- (See Address Below)

April 9^th (Tues)

6pm-8pm @ GMBC- (See Address Below)

Event (Target Date May 4, 2019) By

The Youth of Gethsemane Missionary Baptist Church (GMBC)

& Their Adult Supporters

YGT Committee of Gethsemane Missionary Baptist Church

771 Fairmount Place (corner of Prospect Ave) ׀ Bronx, NY  10460

Rev. Torrence Robinson, Pastor

Calling Solo and Group Performers

Vocalists, Rappers, Poets; Instrumentalists; Dancers, Steppers; Mimes, Pantomimes; Actors/Actresses, other performances. Also screening for Models.

ACT DOES NOT HAVE TO BE GOSPEL BUT “KEEP IT CLEAN”.                       PERSONS UNDER AGE 18 y/o MUST BE ACCOMPANIED BY THEIR PARENT/ GUARDIAN or ANOTHER AUTHORIZED ADULT IN ORDER TO AUDITION.

Entry Categories:

I.    Perform as CONTESTANT Chance to win prize 1^st Place $500, 2^nd Place $250, 3^rd Place $100.

II.  Perform as SUPPORT/GUEST/NON-CONTESTANT - NOT considered for the prize.

III. Model Fashion Wear (SUPPORT/GUEST/NON-CONTESTANT) - NOT considered for the prize.      

       Models deadline March 12^th (Arrive 6pm-7pm @ GMBC 771 Fairmount Pl)

Youth age 5 -25 y/o who would like to participate as a Contestant (for chance to win prize) or Non-Contestant must first be auditioned. If interested, request information to preregister for audition: send email to ygtcompetition@gmail.com

Location for Audition:  

GMBC 771 Fairmount Place (at corner of Fairmount Pl & Prospect Ave), Bronx NY 10460

Bus #40/#42 exit E. Tremont Ave & Prospect Ave (walk 2 blocks off E. Tremont Ave & Prospect Ave to Fairmount Pl).  Bus #17 exit E. 175^th/176^th Crotona Ave (walk approx. 5 mins off Crotona Ave to Prospect Ave, then

1 block from E. 176^th to Fairmount Pl /Prospect Ave).

More Info available at (917) 226-7960

MAYOR DE BLASIO AND SPEAKER JOHNSON ANNOUNCE EXPANSION OF FAIR FARES PROGRAM

City formally launching digital advertising campaign to reach more eligible New Yorkers

  Mayor de Blasio and City Council Speaker Johnson today announced plans to expand the Fair Fares program, an unprecedented City effort to address poverty through the development of a half-priced MetroCard program for low-income New Yorkers.

Starting this fall, the City will expand the program to eligible New Yorkers in NYCHA, enrolled students at CUNY and military veterans below 100 percent of poverty line.

“We’re doing all we can to help low-income riders get around in a city that can be very difficult to afford. We think this program will go a long way toward making our city even fairer and we’re excited to expand this unprecedented initiative to more New Yorkers,” said Mayor Bill de Blasio.

“Fair Fares is a landmark program for New York City, helping the many New Yorkers who truly need it most. No New Yorker should have to choose between a swipe and a meal. Fair Fares is an example of our City’s commitment to providing equal opportunity for all. I am excited we are starting the outreach program, which will enable us to expand Fair Fares and help as many New Yorkers as possible. I thank Mayor de Blasio, my Council colleagues, and especially the tireless advocates for their support in making Fair Fares a reality for low-income New Yorkers and their families,” said Speaker Corey Johnson.

“We want a city where everyone, regardless of economic status, has the opportunity to thrive — including being able to get to important appointments, such as seeing a doctor or attending a job interview. This expansion shows our commitment to that vision. We will continue to work with the City Council to strengthen our Fair Fares program and to making New York City the fairest city in America,” said Deputy Mayor for Health and Human Services Dr Herminia Palacio.

In January 2020, City plans to launch an open enrollment process for all eligible New Yorkers at or below the Federal Poverty line who don’t have discounted transportation from the MTA or the City. Those who were previously enrolled in the program and are still eligible will be able to recertify and receive the benefit again. All other eligible applicants will be able to apply through an online platform.

The City is also pleased to announce the pay-per-ride option is launching ahead of schedule and will be available as an option mid-March.

As part of our efforts to reach more eligible New Yorkers, the City will also be formally launching a three month targeted online advertising campaign in March. Advertisements will appear across social media platforms and Google keyword searches, targeting the top 25 NYC zip codes where there are large numbers of eligible individuals to raise awareness of the Fair Fares program.

The City launched the first phase of the program in January. The Department of Social Services has been conducting outreach to over 45,000 eligible working New Yorkers who are receiving cash assistance and/or SNAP benefits. The City sent notifications, and subsequent telephone calls, to inform this first group of their eligibility and invite them to visit the nearest Fair Fares NYC location to receive their half-priced MetroCard. Eligible recipients can also call 311 to assist in receiving their card. The City is poised to launch its online platform for eligible cash assistance and SNAP recipients in April.

Last spring, the Mayor and Council announced a plan to fund $106 million for the Fair Fares NYC program in the first year. Funding for further expansion of the Fair Fares program will be subject to budget discussions.

Protest of Governor Cuomo's proposed Medicaid Cuts at Montefiore Hospital

  Over five-hundred union members of the Health care Workers Union 1199 converged on the Gun Hill Road entrance of Montefiore Hospital to protest proposed cuts of up to One Billion Dollars by Governor Andrew Cuomo to New York's Health care providers. The sign above says that Montefiore Hospital alone would see a cut of thirty million dollars. 

  The proposed cuts would effect all areas of health care. Struggling hospitals of which twenty-six are on a funding crisis watch list might have to cut community services to Medicaid and other vulnerable populations, or possibly some close entirely. The cuts would hurt already struggling Nursing Homes. Health care workers who care for seniors and the disabled who already are struggling to make ends meet would have to take cuts in reimbursements. It would be a no win situation according to members of 1199 the Health care Workers Union. 

  As the demonstration went on during the lunch hour of the union members there were chants of"They Say Cutbacks, We Say Fight Back". Union Leaders, Bronx Borough President Ruben diaz Jr., City Councilman Andy King, and Montefiore President and CEO Steven Safyer MD. all called for no cuts to an already struggling health care system in New York State. The message was to let your State Assembly and State Senators know that you are opposed to any cuts in the upcoming budget to health care.

Above - Bronx Borough President Ruben Diaz Jr., and Councilman Andy King were right in the middle of the over five-hundred protestors on Gun Hill Road in front of Montefiore Hospital calling for no cuts to health care from Albany as is in the proposed budget.

Below - Dr. Steven Safyer President and CEO of Montefiore Hospital outlines what might have to happen if the current proposed cuts to health care were not averted. 

THE CONFLICT OF INTEREST BOARD SHOULD TAKE A LOOK AT THIS

WHAT YOU SHOULD KNOW

By Councilman Rubén Díaz Sr.

District 18 Bronx County, New York

  

 

 

The Conflict of Interest Board Should Take A Look At This……

You should know that this week, Brooklyn Councilman Jumaane Williams will be sworn in as the New York City Public Advocate. Like many New Yorkers, I wish him well in his newly elected office.

 

You should also know that since the time when former Public Advocate Tish James was sworn in to serve as New York State’s duly-elected Attorney General, Manhattan Councilman Corey Johnson has been wearing two governmental hats: one as a City Council Member and the other as the Acting Public Advocate.

 

Corey Johnson was duly elected as Councilman in the 3^rd District, and then by vote of his Members, was elected to the position of City Council Speaker.

 

It is important for you to know that the Public Advocate is a citywide elected post, serving as an independent ombudsman or watchdog over various City services and agencies, including the City Council.

 

The mechanism for Corey Johnson to ascend to the Acting Public Advocate position is founded under Section 44 of the New York City Charter, which states: “the speaker shall act as public advocate pending the filling of the vacancy pursuant to subdivision c of section twenty-four, and shall be a member of every board of which the public advocate is a member by virtue of his or her office.”

 

However, there are those who wonder if a constitutional problem exists in our New York City governmental system because of Corey Johnson’s failure to resign or step aside as Councilman and City Council Speaker during his tenure as Acting Public Advocate.

 

An article written on September 7, 2018 by Samar Khurshid, senior reporter in the, Gotham Gazette stated:

 

“It would be the first time since the creation of the office of public advocate and the current office of the speaker, through a charter revision in 1989, that the clause would go into effect. It’s unclear how the speaker would approach the dual role, even in the interim, as he would both lead his 51-member legislative body and large central staff, and, as the title suggests, an office that advocates for the interests of everyday New Yorkers and keeps a watch on the functions and failures of city government. Both Johnson’s and James’ offices declined to comment for this article. Johnson has endorsed James for attorney general.”

  

You should know that there hasn’t been a lot written about “dual office holding.”

Dual office holding is when a legislator holds more than one elected and /or appointed governmental positions.

 

Under common law, there has long been a prohibition on the practice of dual office holding.

This particular undecided legal question of dual office holding may be something that the Conflicts of Interest Board of the City of New York should be investigating. They may want to refer to their own 1991 case of James Molinaro, where they acknowledged why there is a ban on dual office holding: “The rule was intended to prevent public servants from being subject to conflicts of interest as a result of conflicting duties to their political offices and to their constituents.”

 

For example, when Speaker Cory Johnson oversaw the New York City Council’s vote to disband the “For Hire Vehicles” Committee, perhaps the Public Advocate or Acting Public Advocate might have had a position contrary to that of Corey Johnson and more in favor of the For Hire Vehicle drivers who relied on this committee to be heard.

 

In this regard, there may have been a conflict of interest, which may in fact, invalidate the City Council’s actions, which was prompted by Acting Public Advocate/Speaker Johnson to disband that “For Hire Vehicles” Committee.

 

While this issue may seem to become moot on the day that the Honorable Jumaane Williams is sworn in, it is not moot.

 

Since this situation can reoccur, and because of the doubtful legality of actions that were taken during this interim period that began on January 1, 2019, this issue should be addressed by Conflicts of Interest Board.

 

I am City Councilman Rev. Ruben Diaz, and this is What You Should Know.  

 

Pelham Parkway Neighborhood Association Community Meeting Tuesday March 12,2019

The next meeting  of the Pelham Parkway Neighborhood Association will be on Tuesday  March 12, 2019  at Bronx House, 990 Pelham Parkway South beginning at 7:15 pm.

Our special featured speaker will be the The Honorable Robert E.Torres, Administrative Judge, Criminal Term, New York State Supreme Court, Bronx County. Please bring  your issues, questions, and concerns to our meeting. 

The PPNA works around the clock and year round to improve the quality of life in Pelham Parkway. 

We can always be reached  by email at pelhamparkwayNA@gmail.com. Please look for and like  us on Facebook for neighborhood updates. Please join us for this very interesting guest. Get involved in your community. It's time.

MAYOR DE BLASIO SIGNS LEGISLATION TO LAUNCH BASEMENT APARTMENT CONVERSION PILOT PROGRAM

City to partner with community organizations to finance creation of safe, quality basement apartments in East New York

  Today, Mayor Bill de Blasio signed landmark legislation to create a pathway for transforming certain basement and cellar apartments into safe, legal, affordable homes. The new law establishes a three-year demonstration program to facilitate the creation and renovation of apartments in the basements and cellars of qualifying one- and two-family homes in Brooklyn Community District 5.

“There are thousands of basement apartments in our City, but too many are illegal and unsafe. This program will help New Yorkers secure safe, affordable homes and give homeowners a new legal source of income,” said Mayor de Blasio.

Residents in illegal basement and cellar apartments typically have no lease, limited rights, and live in substandard conditions. This new law will add to New York City’s existing housing stock by allowing property owners to create safe, legal, and affordable apartments in their buildings. The City will also use the pilot to learn about how to overcome barriers that owners face when seeking to convert basement units.

Last summer, the New York City Department of Housing Preservation and Development released a Request for Expressions of Interest to identify a Community Based Organization to administer the program.  HPD will partner with Cypress Hills Local Development Corporation (CHLDC), a local non-profit that will subcontract with four community non-profits.  The program will provide eligible low- to middle-income homeowners living in one- to three-family homes in East New York and Cypress Hills, Brooklyn with low or no-interest loans to convert their basements into safe, legal, and rentable apartments, based on the altered Building Code. The homeowner will also be provided with the technical assistance needed to close on a loan and complete the construction project. Homeowners can learn more by calling 311 or visiting nyc.gov/basementconversion.

“Finding a path to create safe, legal basement apartments that will add to our city’s affordable housing stock while stabilizing homeowners is an idea whose time has come,” said Department of Housing Preservation and Development Commissioner Maria Torres-Springer. “We are grateful to Councilmembers Lander, Espinal, and Barron for their leadership on this issue and our partner City agencies for helping us to advance this innovative pilot program that promises to unlock more safe, quality housing opportunities.”

“The Buildings Department is pleased to join our colleagues in city government to promote the Mayor’s vision for affordable housing. This legislation varies several existing city code standards and provides additional protections to help homeowners build safe and legal cellar and basement dwelling units in certain properties in Brooklyn. We thank the City Council and our partner agencies for their work to enact legislation creating this important new program,” said Acting Buildings Commissioner Thomas Fariello, RA. 

Modifications of code standards include minimum ceiling heights and window sizes in basement and cellar spaces and strengthened requirements for emergency egress and fire safety. Each proposed modification to the code standards for this program took into account the health and safety of residents. The changes will modify requirements in order to reduce costs and facilitate conversion of new residential units.

Brooklyn’s Community District 5, including East New York, has an existing building stock of one- and two-family homes that makes it ideal for the launch of this program. The basement conversion pilot program was a commitment made under the East New York Neighborhood Plan, and is the result of a study conducted by a working group convened in October, 2016. This working group was comprised of Administration officials, elected officials including Council Member Espinal; Community groups, residents and housing advocates including CHLDC, Community Development Project at Urban Justice Center, CHHAYA CDC, Pratt Center for Community Development, Coalition for Community Advancement - Progress for East New York/Cypress Hills.