Bronx Community Board 11 meeting Thursday March 28th

  In the gallery section of the Community Board 11 meeting there was information about Jump Pedal Assist bikes ending its pilot program in the South Bronx, and hoping to go borough wide. There will be a second generation bike which will be easier to maintain. One CB 11 member said that unlike Citi-Bike there are no set areas for Jump Bikes and some have become nuisances because they are left anywhere.  

A second speaker from the NY State Nurses Union said that Nurses have delayed a strike authorized vote for the first week in April, but will strike the local Bronx hospitals if no agreement is reached.  The Nurse said that hospitals are already preparing for a strike by getting nurses from out of state she referred to as Scabs. Comments from CB 11 members were from supporting the Nurses Union to one member saying that the so-called Scabs would probably do a better job than the current nursing staff in many local hospitals.

Councilman Mark Gjonaj (a non voting member of the board) spoke about the still proposed Morris Park Avenue Road Diet plan by Bronx DOT Commissioner Nivardo Lopez. Councilman Gjonaj said that the street has been removed from the DOT as one of the most accident prone streets, and because of that Councilman Gjonaj wants the road diet idea stopped. He is circulating petitions to be given to the Bronx DOT commissioner. 

The meeting moved along until in the Chair report CB 11 Chair Al D'Angelo proposed a resolution from the Executive Committee to hire a replacement for John Fratta who was advising CB 11. There was confusion by several board members who said that another staffer might not be needed, and the matter was laid over until the end of the meeting where CB 11 voted to go into Executive Session to discuss the employment matter. That is the right of the community board not to discuss personal matters in public, but any vote must be made in public. As the executive session went on, one by one board members started to leave, and the executive session ended when there was no longer a quorum to vote on anything. The public was invited back in, and the meeting was then adjourned.

The matter will be taken up at the next full board meeting. The Executive Committee may meet to try to come up with a solution to the matter of hiring another part -time associate in the interim. 

Above - Councilman Mark Gjonaj pleads his case against the proposed Morris Park Avenue Road Diet plan by the NYC DOT.

Below - Members of CB 11 including Bronx Borough President representative Tom Luciana at the far right who is answering a question about the bylaws of CB 11.

Metro North Morris Park/Parkchester Stations Meeting

Councilman Mark Gjonaj, Bronx Overall Economic Development President Marlene Cintron, NYC City Planning Chair Carol Sambol, and Bronx DOT Commissioner Nivardo Lopez were in attendance at Wednesday's meeting held in Lubin Hall. 

 Wednesday afternoon Metro North along with several NYC agencies held an update meeting on What's Happening with the proposed East Side Metro North Stations for Morris Park and Parkchester. This was an update meeting to show some of the requested items from the community be it parking by the new stations to areas of green space by the stations. 

The Metro North and NYC agencies were still looking for more comments on what was being proposed. There were different tables set up as to different aspects of the new stations. At one table you were given ten chips to spend in what you wanted by the stations. There was a choice of over a dozen different items from parking, green space, more businesses, housing, to name a few. those choice items requested however would cost anywhere from one to four chips depending on what each person felt they wanted until a person decided how to spend their ten chips. This information gathered plus the additional comments from other tables and a meeting today in Parkchester will be evaluated for a final draft of what is to be proposed for the Morris Park and Parkchester Metro North stations. Maps of two station areas are below.

Above - The Morris Park station.

Below - The Parkchester station.

News From Councilman Mark Gjonaj

Two Men Convicted Of 1997 Double Murder In The Bronx

  Geoffrey S. Berman, United States Attorney for the Southern District of New York, announced that ROBERT ACOSTA and JOSE DIAZ were convicted of the December 22, 1997, murders of Alex Ventura, 25, and Aneudis Almonte, 20.  The convictions follow a three-week trial before U.S. District Judge Kevin P. Castel. 

U.S. Attorney Geoffrey S. Berman said:  “More than two decades ago, two young men were brutally murdered in a Bronx stairwell.  Although the case went cold, members of the NYPD and the FBI worked tirelessly to solve it.  A unanimous jury has now held Acosta and Diaz responsible for this terrible crime.”

According to the evidence presented during the trial:

In the 1990s, ACOSTA was the leader of a large-scale drug trafficking organization that distributed hundreds of kilograms of cocaine out of several buildings in northern Manhattan.  In the summer of 1997, the murder victims stole more than $200,000 in drug money from a stash apartment that belonged to ACOSTA.  To retaliate, ACOSTA hired DIAZ to kill both men. 

On December 22, 1997, DIAZ and a co-conspirator (“CC-1”) lured the victims to an apartment building in the Bronx, ambushed them in a stairwell, and murdered them both.  CC-1 stabbed 20-year-old Almonte six times, including once in the chest.  DIAZ shot Ventura, 25, in the head from point-blank range.  In exchange for these murders, ACOSTA paid DIAZ $12,000.      

ACOSTA, 47, of Yonkers, New York was convicted of murder while engaged in a conspiracy to distribute five or more kilograms of cocaine (Counts One and Two), conspiracy to commit murder for hire (Count Three), and murder for hire (Counts Four and Five).  DIAZ, 53, of the Bronx, New York was convicted of conspiracy to commit murder for hire (Count Three), murder for hire (Counts Four and Five), and the use of a firearm to commit murder in furtherance of a crime of violence (Count Six).  ACOSTA and DIAZ each face a mandatory sentence of life in prison. 

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

Manhattan Jeweler Pleads Guilty To Insider Trading

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that JEREMY MILLUL pled guilty to participating in a scheme to trade on material, nonpublic information in advance of the Sherwin-Williams Company’s acquisition of the Valspar Corporation. MILLUL pled guilty to one count of conspiracy to commit securities fraud before U.S. District Judge Jed S. Rakoff.

U.S. Attorney Geoffrey Berman said:  “As he admitted today, Manhattan jeweler Jeremy Millul received inside information about a publicly traded stock from a friend who worked as an analyst for a credit rating agency.  Millul then used that information to make illegal trades which earned him over $100,000 in illicit gains.  The integrity of financial institutions is critical to ensuring that the stock-buying public is trading in a fair market.  We will continue to aggressively prosecute those who share and utilize nonpublic information for their own personal gain.”

According to the allegations contained in the Complaint and Indictment filed against MILLUL and his co-conspirators, and statements made in related court filings and proceedings:[1]

Rating Evaluation Services and the Insider

When a company announces an acquisition, the acquiring company’s credit rating agency often evaluates, and ultimately issues a press release relating to, the impact that the acquisition could have on the acquiring company’s credit rating.  Therefore, companies often contact rating agencies before an acquisition is publicly announced in order to secure the rating agency’s views on how a possible acquisition could impact a company’s credit rating.  All the major rating agencies offer a service – sometimes known as a Rating Evaluation Service (“RES”) – that provides the company with a rating committee decision with respect to a proposed acquisition.

In March 2016, a credit rating agency in Manhattan (the “Firm”) assigned a credit ratings analyst (the “Analyst”), to work on an RES for the Sherwin-Williams Company (“Sherwin-Williams”) in advance of its contemplated but unannounced acquisition of the Valspar Corporation (“Valspar”).  In connection with this assignment, the Analyst had access to material, nonpublic information (the “Inside Information”) about Sherwin-Williams’ acquisition of Valspar prior to the public announcement of the acquisition.  The Firm’s written policies prohibited the unauthorized disclosure of confidential information, which included the Inside Information.  During his tenure at the Firm, the Analyst reviewed and certified his duties of loyalty and confidentiality to the Firm and its clients.

The Insider Trading Scheme

In March 2016, the Analyst misappropriated the Inside Information about Sherwin-Williams’ acquisition of Valspar and passed it to MILLUL and Abell Oujaddou so that they could use it to make profitable trades.  On March 21, 2016, the first trading day after the public announcement of the acquisition, the price of Valspar stock increased approximately 23 percent over the prior day’s close.

MILLUL is a Manhattan jeweler who had a close personal friendship with the Analyst, as well as with a member of the Analyst’s immediate family.  The Analyst repeatedly provided MILLUL with Inside Information about the Valspar acquisition.  Although MILLUL had never owned a brokerage account in the United States and had never traded in U.S. securities prior to March 2016, he opened a brokerage account on March 13, 2016, and shortly thereafter purchased 480 shares of Valspar common stock.  On March 18, 2016, the last trading day before the acquisition was publicly announced, MILLUL also purchased 75 out-of-the-money Valspar call options.  After the acquisition was publicly announced, MILLUL sold his Valspar stock and options for approximately $106,806 in profits.

JEREMY MILLUL, 32, of New York, New York, pled guilty to one count of conspiracy to commit securities fraud, which carries a maximum sentence of five years in prison and a maximum fine of $250,000, or twice the gross gain or loss from the offense.  The maximum potential sentence in this case is prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the Court.

MILLUL is scheduled to be sentenced before Judge Rakoff on July 30, 2019 at 4:00 p.m.

Abell Oujaddou previously pled guilty and awaits sentencing before U.S. District Judge Jed S. Rakoff.

Mr. Berman praised the work of the FBI, and thanked the SEC for its assistance.

[1] As for the defendant who has pled not guilty, the description of the charges set forth herein constitute only allegations.

City Council Votes to Set Nutritional Standards for Beverages in Children’s Meals and Other Items

The Council also votes to increase oversight into the City’s cooling towers to prevent Legionnaires’ Disease

  The New York City Council on Thursday will vote to set nutritional standards for the default beverages offered with children’s meals by restaurants throughout the city. The legislation would make water, low-fat milk, or 100% fruit or vegetable juice the default beverage option instead of beverages with added sugar.

Additionally, the Council votes to allow individuals to request that the Department of Health and Mental Hygiene redact the name of a physician from a birth record under certain circumstances.

The Council also votes on a package of bills that would increase oversight into the city’s cooling towers. This legislation includes bills that would require that cooling tower inspection results be made available to the public, that the Department of Buildings distribute information regarding cooling tower maintenance, cleaning, and inspections to building owners, and that the city conduct a year-long assessment of potential sources of Legionnaires’ disease in the city.

In addition the Council votes to increase fines for specific commercial vehicles that are parked overnight on a residential street. 

Finally, the Council votes on eleven resolutions related to the legalization, regulation, and sale of marijuana.

Setting Nutritional Standards for the Beverages Included in Children’s Meals

Introduction 1064, sponsored by Council Member Ben Kallos, would require that restaurants in New York City only offer water, sparkling water, flavored water, nonfat or one percent milk, non-dairy milk, 100% fruit or vegetable juice, or fruit or vegetable juice combined with water or carbonated water as the default options included with children’s meals. The bill would impose monetary penalties on restaurants that violate this law.

“Giving parents a healthier default drink option in their child’s fast food meal is a welcome and much needed change,” said Council Speaker Corey Johnson. “This change will hopefully set a precedent for current parents and future generations to make better choices overall in the kinds of beverages they consume when they visit a fast food establishment. I want to thank Council Member Kallos for his work on this bill and would also like to thank the health advocates for their unwavering commitment to keeping New Yorkers healthy.”

“Healthy drinks with kid’s meals will be the new normal in New York City no matter where our kids are eating,” said Council Member Ben Kallos. “While parents can still order whatever they want the default will now be a healthier drink. The data is in, we know this change will do a lot to keep sugary drinks away from our children, helping them avoid childhood obesity and grow up to be healthy adults. Thank you to Speaker Corey Jonhson for his tremendous support in getting this legislation passed. New York City and our children will be healthier because of it.”

Allowing for the Redaction of a Physicians Name from a Birth Record

Introduction 1308, sponsored by Council Member Mark Levine, would allow an individual to request that the Department of Health and Mental Hygiene redact the name of a physician from a birth record when that physician’s license has been surrendered or revoked by the New York State Office of Professional Medical Conduct.

“We can never undo the damage done by abusers who exploit the vulnerability of women in an OB/GYN’s office. The least we can do is not subject survivors–and their children–to the pain of seeing their abuser’s name on a document as foundational and meaningful as a birth certificate. This legislation is a small but important step towards justice for brave women like Marissa Hoechstetter, and sends a clear signal that our government is here to support survivors in any way we can. I’m pleased the administration reversed their position on this bill, and I’m grateful to Speaker Johnson for his support in passing it,” said Council Member Mark Levine.

Relating to the Submission and Public Availability of Cooling Tower Inspections and Certifications

Introduction 1149, sponsored by Council Member Ben Kallos, would require the Department of Health and Mental Hygiene (DOHMH) to send owners and operators of cooling towers an electronic reminder prior to the filing deadline for annual certifications with a link to where these certifications can be submitted. This bill would also require cooling tower inspectors to report to DOHMH in real time when certain inspections occur. Finally, this bill would require building owners to make cooling tower inspection results available for public examination.

“When it is you, your aging parent, or your child on the line, you want to know that every cooling tower is being inspected properly to prevent Legionnaires’ before it can spread and kill anyone,” said Council Member Ben Kallos. “I hope that reminding building owners coupled with immediate enforcement for failing to inspect every 90 days will succeed in preventing any more New Yorkers from being sickened with Legionnaires’ Disease. Thank you to Speaker Corey Johnson for his leadership and support in getting this vital piece legislation passed in the City Council.”

Requiring Information Sessions be Held for Building Owners Regarding Cooling Towers

Introduction 1158, sponsored by Council Member Mark Levine, would require the Commissioner of the Department of Health and Mental Hygiene, in consultation with the Department of Buildings, to hold information sessions at least twice annually for building owners regarding maintenance, cleaning, and inspections of cooling towers, and to post the information online.

Requiring Reporting on the Results of Building Cooling Tower Inspections.

Introduction 1164, sponsored by Council Member Ydanis Rodriguez, would require the Department of Health and Mental Hygiene to report annually to the Council on the results of building cooling tower inspections and make such results available online.

“What happened last year with the outbreak of Legionnaires’ disease could have been prevented with better transparency and consequences for those buildings not properly cleaning and maintaining their cooling towers. We compromised the public health of Northern Manhattan and the city of New York by not having stronger regulations for inspections of the cooling towers. I thank Speaker Johnson for bringing this bill package forward today for a vote and my Council colleagues for taking immediate action to mitigate the impact of the outbreak,” said Council Member Ydanis Rodriguez

Studying Potential

Determinants of Legionnaires’ Disease.

Introduction 1166, sponsored 

by Council Member Rafael Salamanca, would require the Department of Health 

and Mental Hygiene to conduct a year-long assessment of potential sources of Legionnaires’ disease in the city other than cooling towers. “The last few summers have shown just how dangerous Legionnaires’ disease can be,” stated Council Member Rafael Salamanca. “Outbreaks in the Bronx and Manhattan sickened hundreds and proved fatal for more than a dozen New Yorkers. With global warming contributing to warmer, longer summer seasons, the conditions are perfect for Legionnaire’s disease to thrive. To impede future outbreaks, my bill requires the Department of Health and Mental Hygiene (DOHMH) to conduct a yearlong, comprehensive review of potential causes and risk factors associated with Legionnaires’ disease, as well possible action the City can take to prevent the spread of the disease. Once completed, DOHMH will make their findings public.”

Increasing Penalties for Commercial Vehicles Parked Overnight on Residential Streets

Introduction 1010, sponsored by Council Member I. Daneek Miller, would create a higher fine for commercial vehicles that are tractor-trailer combinations, tractors, truck trailers or semi-trailers parked overnight on a residential street. The fine for a first violation is currently $250, and for a second violation within a six-month period it is $500. This bill would create increased fines adjudicated through OATH in the amount of $400 and $800 for the first and second offenses, respectively.

“Introduction 1010 – the first pillar of my Commercial Truck Abuse Act – would establish a costly civil penalty in the respective amounts of $400 and $800 for parking 18-wheel big-rigs overnight in residential areas,” said Council Member I. Daneek Miller. “The drivers of commercial tractor-trailers routinely abuse our City’s parking regulations, and degrade the quality-of-life of communities throughout the five boroughs by parking next to homes and other inappropriate locations, leaving pollution and debris in their wake. The current fines imposed on big-rig drivers have not been effective in curbing their abusive practices, which they deem the cost of doing business, but, in actuality, the greatest expense is the health and safety of our communities. Now, we will send a clear message to the bad actors operating within the trucking industry that the price for such flagrant abuses will be steep. I thank Speaker Johnson and my colleagues for supporting the enactment of this measure. The time has come to bring the force of law to bear on those who routinely flout the rules and engage in commercial truck abuse, and this legislation only represents the beginning of that endeavor.”

Resolutions Related to the Legalization and Regulation of Marijuana

Resolution 734, sponsored by Council Speaker Corey Johnson, calls on the New York State legislature to ensure that any law passed to legalize the market for the adult use of cannabis allows the city to enact its own regulatory measures on issues unique to its location including the home delivery and cultivation of cannabis in New York City.

Resolution 737, sponsored by Council Majority Leader Laurie Cumbo, calls for the passage of legislation that grants New York City agencies the authority to regulate local licensing of the adult-use cannabis market in the city.

Resolution 738, sponsored by Council Member Ben Kallos, calls for the passage of legislation prohibiting vertical integration and promoting small business growth in the recreational marijuana industry.

Resolution 741, sponsored by Council Member Stephen Levin, calls for the passage of legislation that prioritizes individuals with prior marijuana convictions in issuing licenses to sell recreational marijuana and requires other applicants for marijuana licenses to support the hiring of such individuals.

Resolution 742-A, sponsored by Council Member Donovan Richards, calls for the passage of legislation that grants localities the authority to regulate public consumption of marijuana within their jurisdictions, including the authority to determine whether to enact any penalties and how to enforce such penalties.

Resolution 743, sponsored 

by Council Member I. Daneek Miller , calls on Congress to pass and the President to sign S.1689, known as the “Marijuana Justice Act of 2017,” which would amend the Controlled Substances Act to provide for a new rule regarding the application of the Act to marijuana, and for other purposes.

Resolution  744, sponsored by Council Member I. 

Daneek Miller, calls for the passage of legislation that remedies disparate 

burdens placed on people of color in the enforcement of marijuana prohibition by reinvesting tax revenue generated from legal marijuana in their communities and encouraging their participation in the legal marijuana industry.

Resolution 745, sponsored 

by Council Member Francisco Moya, calls for the passage of legislation

related to the reclassifying of THC and all other marijuana based products from a controlled substance to the equivalent of flower marijuana.

Resolution  641, sponsored by Public Advocate Jumaane Williams,  calls on the coordination of the New York State Division of Criminal Justice Services (DCJS), the New York State Office of Court Administration, and New York City District Attorneys to expunge the records of all city misdemeanor marijuana convictions.

Resolution 296, sponsored by Public Advocate Jumaane Williams, calls on the New York City Housing Authority (NYCHA) to add unlawful possession of marijuana and criminal possession of marijuana in the fourth and fifth degrees to its list of “overlooked offenses,” and stop considering these offenses as grounds for termination of tenancy.

Resolution 75-A, sponsored by Council Member Stephen Levin, calls on the New York State Legislature to pass the Marihuana Regulation and Taxation Act, which would legalize, regulate, and tax the sale of marijuana in New York State.

Additionally, the Council will be voting on an expense budget modification and a revenue budget modification for Fiscal 2019, including a $1.6 million allocation to fund the New York Immigration Family Unit Project to provide legal representation for New Yorkers facing deportation and face the expansion of the caseloads because of the new courtrooms added to the Immigration Court on Varick Street.  

Governor Cuomo Announces Nominations of MTA Chairman and Members to the Board

  Governor Andrew M. Cuomo today announced the nomination of a new MTA chairman, Patrick J. Foye of Nassau County, as well as four new members to the board. The Governor's proposal to reform and fund the MTA included a measure to address the diffused responsibility of the MTA Board by modifying appointments so that all terms align with the appointing elected official's term. Haeda Mihaltses of Queens County and Michael Lynton of Kings County will serve as appointments of Governor Cuomo. Rhonda Herman of Westchester County and Kevin Law of Suffolk County have been recommended by Westchester County and Suffolk County respectively.

"I vowed not to pass a budget without a comprehensive plan to reform the MTA's bureaucracy," Governor Cuomo said. "The MTA needs a board that will oversee and manage the transit system so it can best serve its riders, and this critical component of the MTA reform plan will ensure an unmatched level of accountability that New Yorkers deserve. I thank the outgoing members for their service and commitment to improving our state's transit networks."

Patrick J. Foye

Mr. Foye was named President of the Metropolitan Transportation Authority in August 2017, where he has led key innovation and modernization initiatives and supported the day-to-day management of the agency. Previously, he served as an MTA Board Member from 2010 to 2012. Prior to joining the MTA, Mr. Foye led the Port Authority of New York and New Jersey as Executive Director for six years, from November 2011 to August 2017, during which time he also served as President of PATH. At the Port Authority, he managed day-to-day operations at the bi-state agency and guided the development of the agency's ten year, $32.2-billion Capital Plan, while overseeing some of the nation's most significant P3 transactions, including the redevelopment of LaGuardia Airport and the building of a new Goethals Bridge.

Mr. Foye also served as Deputy Secretary for Economic Development for Governor Andrew M. Cuomo from February 2011 to November 2011, managing initiatives for economic recovery, investment and job creation, and overseeing the Empire State Development Corporation. Prior to that, Mr. Foye was a Mergers and Acquisitions partner at Skadden Arps and managing partner of the firm's Brussels, Budapest and Moscow offices.

Haeda B. Mihaltses

Ms. Mihaltses, currently the Vice President of External Affairs for the New York Mets, joined the organization in 2014. She is the Mets main liaison with City, State and Federal officials and oversees relations with community stakeholders. Previously, Ms. Mihaltses spent twelve years in Mayor Michael R. Bloomberg's administration as Director of Intergovernmental Affairs. Prior to joining the Mayor's office, Haeda worked at the New York City Council's Finance Division under Former Speaker Peter F. Vallone, ultimately serving as the City Council's first female Finance Director. In this role, she led budget negotiations between the New York City Council and the Mayor's Office.

Michael Lynton

Mr. Lynton currently serves on the Board of Snap, Inc., Warner Music Group., Pearson, PLC., and Ares Management, L.P. He served as the CEO of Sony Entertainment from April 2012 until February 2017, overseeing Sony's global entertainment businesses, including Sony Music Entertainment, Sony/ATV Music Publishing and Sony Pictures Entertainment. Michael also served as Chairman and CEO of Sony Pictures Entertainment since January 2004. Prior to joining Sony Pictures, he worked for Time Warner and served as CEO of AOL Europe, President of AOL International and President of Time Warner International, and earlier served as Chairman and CEO of Pearson plc's Penguin Group where he oversaw the acquisition of Putnam, Inc. and extended the Penguin brand to music and the Internet.

Rhonda Herman

Ms. Herman has served on the Metro-North Railroad Commuter Council since 2008. She currently works at the Internal Revenue Service and has held various management positions in Information Systems, Small Business Self Employed and the Wage & Investment Divisions. She was a Girl Scout Troop Leader for 12 years and Co-president of the White Plains HS PTA. She now serves as Co-Chair of the Senior PTA Scholarship Recognition Program.

Kevin Law

Mr. Law became President and CEO of the Long Island Association, one of the most respected business organizations in New York State, in September 2010. Prior to that, Mr. Law was President and CEO of the Long Island Power Authority (LIPA), the 2nd largest public utility in the country with over 1.1 million customers. In 2011, Mr. Law was appointed by Governor Andrew M. Cuomo as Co-Chair of the Long Island Regional Economic Development Council, a board that is leading the economic development initiatives in the region. Previously, Mr. Law was managing partner of the Long Island office of Nixon Peabody LLP. Mr. Law has served on both the Governor's "Fix NYC" Advisory Panel and the MTA Transportation Reinvention Commission.

THREE RIKERS ISLAND INMATES SENTENCED TO PRISON IN ASSAULT OF NYC DOC OFFICER THAT CAUSED LIFE-ALTERING INJURY

 Bronx District Attorney Darcel D. Clark today announced that three Rikers Island inmates have been sentenced to prison terms for an assault on a New York City Department of Correction Officer that left the officer with a fractured spinal column. 

 District Attorney Clark said, “The Officer suffered a horrendous injury while performing his duty as a civil servant. He has been an inspiration in his long recovery and through rehabilitation. The main defendant will serve 10 years for the assault, concurrent with a 10-year term for his underlying Attempted Murder case. We had hoped he would have to serve more time to send a stronger message that gang violence will not be tolerated on Rikers Island.” 

 District Attorney Clark said the defendants, Steven Espinal, AKA Jefe Balla, 19, of Lancaster, PA,; Samson Waltson AKA Bam Balla, 19, of Creston Avenue, the Bronx; and Devin Burns AKA Dev Balla, 19, of Third Avenue, the Bronx were sentenced today by Bronx Supreme Court Justice Barry E. Warhit. They had pleaded guilty on February 20, 2019. Espinal and Waltson pleaded guilty in the Rikers case pursuant to offers by the judge.

 Espinal pleaded guilty to first-degree Gang Assault in the Rikers attack and to Attempted Murder second-degree and second degree Criminal Possession of a Weapon for his underlying case. He received 10 years in prison for each case, to run concurrently, and five years post release supervision. Walston pleaded guilty to first-degree Gang Assault for the Rikers attack and Attempted Criminal Possession of a Weapon second-degree for his underlying case, and received five years for the assault and two years for the weapon case, to run concurrently, and five years post release supervision. Burns pleaded guilty to second-degree Assault and received three years in prison and three years post-release supervision.

 According to the investigation, on February 10, 2018, inside the George Motchan Detention Center, Espinal began the assault, striking Correction Officer Jean Roston Souffrant, 39, in the head, causing him to fall and strike his head. The other inmates joined in the attack. CO Souffrant suffered a fractured spinal column and head injury.

 District Attorney Clark thanked DOC Investigators Timothy Fries and Anthony Scomma, DOC Liaison and Investigator Scott Frank, and Captain Vincent Fuca for their assistance in the case.