Thursday, August 15, 2019

Attorney General James Takes Down Motorcycle Theft Ring In New York City


11 Individuals Indicted and Charged with 187 Crimes for Theft and Resale of Dozens of Motorcycles

  Attorney General Letitia James announced the takedown of a motorcycle theft and distribution operation in New York City. The 11 members of the ring were charged with 187 crimes related to the theft of 43 motorcycles in Brooklyn, Manhattan, Queens, and The Bronx during a six-month period from November 2018 to May 2019.

“The joyride is over for this group,” said Attorney General Letitia James. “For months, these individuals allegedly stole dozens of motorcycles from unsuspecting New Yorkers and then dismantled them for profit or resold them to customers who knowingly purchased stolen goods. I want to thank the NYPD and the Queens District Attorney’s Office for their partnership in bringing these individuals to justice. Our streets are safer today than they were yesterday.”
“The charges show that the NYPD and our law enforcement partners will shatter the false belief of any criminals who believe they can operate in plain sight with apparent impunity,” said NYPD Commissioner James P. O’Neill. “I commend and thank the Office of the Attorney General, the Queens District Attorney’s Office and the hardworking members of our NYPD Auto Crime unit for their professionalism and dedication to this investigation – which is now bringing justice to these eleven individuals.”
“Over the course of an ongoing investigation, my office’s Organized Crime and Rackets Bureau developed information of crimes that extended beyond the borders of Queens County,” said Acting Queens District Attorney John M. Ryan. “In keeping with Judge Brown’s tradition of collaborating with our law enforcement partners, we brought this information to the Attorney General’s Organized Crime Task Force with full confidence the case was in good hands. We thank Attorney General James for her work to ensure justice is served.” 
This takedown originated with the Queens County District Attorney’s Office and was ultimately cultivated and completed by the Attorney General’s Organized Crime Task Force (OCTF) and the New York City Police Department’s (NYPD) Auto Crime Division.
In a 187-count indictment unsealed today before Kings County Supreme Court Judge Danny Chun, the following 11 defendants were charged with numerous counts of Criminal Possession of Stolen Property in the Third and Fourth Degrees, Grand Larceny in the Third and Fourth Degrees, Unauthorized Use of a Motor Vehicle, Auto Stripping, and Conspiracy in the Fifth Degree, among other charges, for conspiring to steal, possess, and sell 43 stolen motorcycles and one stolen GMC Savana van, valued at a total of over $280,000.
JENNAR BATTIESTE, a/k/a/ “FIDEL” – 38 years old, Bronx, NY
DILLAN BUDHOO – 27 years old, Brooklyn, NY
PATRICK BULL, a/k/a “P-WAY” – 33 years old, Brooklyn, NY
TREVOR DAVIS, a/k/a “FORTY” – 32 years old, Edison, NJ
TIAHRA JONES, a/k/a “TIA” – 22 years old, Queens, NY
LUMAS LAENS, a/k/a “SPAZZO” – 36 years old, Brooklyn, NY
LEWIS MORAN, a/k/a “LEW” – 41 years old, Brooklyn, NY
KAON MURRAY, a/k/a “KAY” – 29 years old, Brooklyn, NY
DIMITRI ORTIZ, a/k/a “MEECH” – 26 years old, Brooklyn, NY
JOSE RIVERA III, a/k/a “FLUFF” – 32 years old, Brooklyn, NY
STANLEY WEBB, a/k/a “STAN” – 43 years old, Brooklyn, NY
The investigation revealed motorcycle theft crew members Patrick Bull, Tiahra Jones, Lumas Laens, Kaon Murray, Dimitri Ortiz, and Jose Rivera III, were responsible for locating, stealing, dismantling, and reselling stolen motorcycles throughout New York City. After stealing these motorcycles, the theft crew members transported the motorcycles back to a garage located in Brooklyn, where the motorcycles were either dismantled and sold for parts or disguised and sold whole to customers who knowingly purchased stolen goods, including Jennar Battieste, Dillan Budhoo, Trevor Davis, Lewis Moran, and Stanley Webb.
This joint investigation included hundreds of hours of physical and covert surveillance, court-authorized wiretapping of numerous target phones, execution of search warrants, and the recovery of dozens of hours of surveillance video capturing the thefts of numerous motorcycles. During the course of the wiretapping, conspirators frequently utilized coded and cryptic terminology in an attempt to disguise their illicit activities, such as referring to conducting a motorcycle theft as “busting a move,” dismantling a motorcycle for parts as “chopping it up,” and altering a vehicle identification number (VIN) as “stamping.”
If convicted, each of the defendants faces a maximum of seven years in prison. The charges against the defendants are merely accusations and the defendants are presumed innocent unless and until proven guilty.
The charges in the indictment are the result of a joint investigation by the Attorney General’s OCTF, and the NYPD Auto Crime Unit. In addition, the Attorney General would like to thank the Queens County District Attorney’s Office and the New York State Department of Financial Services for their valuable participation in this investigation.

Bronx Chamber of Commerce - Networking & Card Exchange on August 20th.


Free raffle for a $50 gift card to one of the best restaurants in the Bronx

BP DIAZ SUPPORTS POE COTTAGE IN LATEST CAPITAL BUDGET


  Borough President Diaz will provide the Edgar Allen Poe Cottage with $450,000 in capital funding through his FY2020 budget. The allocation will be used for the installation of roof and exterior woodwork; and exterior masonry to the Poe Cottage.

“The Edgar Allen Poe Cottage is an important piece of living history in The Bronx. In the constantly changing landscape of our city, Poe Cottage is an anchor to another time and a tribute to one of the most consequential writers who ever lived,” said Bronx Borough President Ruben Diaz Jr. “I am proud to contribute to the conservation of this cultural gem so that we never lose our connection to the great Bronxites of the past.”

The Edgar Allan Poe Cottage is a historic house museum famous as the final home of the internationally celebrated horror writer. It was built in 1812 and is a New York City and State landmark listed on the National Register of Historic Places.

The cottage is currently also undergoing upgrades paid for by the City Council, which will add an accessible entrance to the structure and reconstruct surrounding landscape including planting, pavements and fencing.

“It is important that the cottage be preserved because it is the only home that Poe lived that is still standing. It is where his beloved wife died and where he wrote The Cask of Amontillado and the poems, ‘The Bells,’ and, ‘Annabel Lee.’ Preserving the past preserves our heritage, and it must be passed down to future generations as our legacy to them,” said Bronx Borough Historian Lloyd Ultan.

Borough President Diaz has allocated $65,496,400 towards 83 New York City Department of Parks and Recreation projects since taking office in 2009.

This year, Borough President Diaz’s office has provided $31,477,000 in total capital dollars to 101 different projects. Since coming to office in 2009, Borough President Diaz has provided $303,374,000 in total capital funding to 905 projects.

2019 Morrison Avenue Festival - Saturday August 17th




YOU'RE INVITED!

As you may know every year my office takes part in hosting the Morrison Avenue Festival, a well attended musical event organized by The Bronx County Fairs & Expo Association, Inc. The Morrison Ave. Festival has been around for over 15 years, featuring major musical acts and free activities for the entire family.

Every year, we combine two stages on opposite ends of Morrison Avenue. In total, both sets draw over 5,000 people, and I hope that this year you'll be one of them. 

Below please find the official flyers for the event, which I encourage you to share with your family, friends and neighbors. 


Hope to see you there!

Sincerely,
Marcos

Tuesday, August 13, 2019

Convicted Felon Charged with Illegally Possessing Semi-Automatic Rifle at Veterans Affairs Hospital in Chicago


  A convicted felon has been charged with a federal firearm violation for allegedly illegally possessing a semi-automatic rifle at the Jesse Brown VA Medical Center in Chicago.
BERNARD HARVEY, JR., 40, of Indianapolis, Ind., is charged with one count of illegal possession of a firearm by a convicted felon.  Harvey illegally possessed the rifle on Aug. 12, 2019, at the medical center, 820 S. Damen Ave. in Chicago, according to a criminal complaint and affidavit filed today in U.S. District Court in Chicago.  Harvey is scheduled to make an initial court appearance today at 2:00 p.m. before U.S. Magistrate Judge Susan E. Cox.
The complaint was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the FBI; and Eddie Johnson, Superintendent of the Chicago Police Department.  The Jesse Brown VA Police Department provided valuable assistance.  The government is represented by Assistant U.S. Attorney Corey B. Rubenstein.
Holding convicted felons accountable through federal prosecution is a centerpiece of Project Safe Neighborhoods – the Department of Justice’s violent crime reduction strategy.  In the Northern District of Illinois, U.S. Attorney Lausch and law enforcement partners have deployed the PSN program to attack a broad range of violent crime issues facing the district, including by prosecuting individuals who illegally possess firearms.
According to the complaint, Harvey entered the Taylor Street entrance of the medical center while holding the rifle.  Law enforcement officers saw Harvey in the clinic area and ordered him to drop the rifle, which he did, the complaint states.  The officers then ordered Harvey to the ground and placed him under arrest.
Harvey was previously convicted in the Circuit Court of Cook County of multiple felonies, including gun offenses, and he was not lawfully allowed to possess a firearm.  The rifle in Harvey’s possession at the VA medical center had been reported stolen last month from a federal firearms licensee in Indiana, the complaint states.
The public is reminded that a complaint is not evidence of guilt.  The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.  Illegal possession of a firearm by a convicted felon is punishable by up to ten years in prison.  If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.

Former New York City Correction Officer Pleads Guilty to Conspiring to Smuggle Contraband into Rikers Island Jail


  Simon Gordon, a former correction officer employed by the New York City Department of Correction (“DOC”), pleaded guilty to conspiring to accept bribes in exchange for smuggling contraband into a jail on Rikers Island.  The plea proceeding took place before United States District Judge Carol Bagley Amon.  When sentenced, Gordon faces up to five years in prison and a fine of up to $250,000.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, and Margaret Garnett, Commissioner, New York City Department of Investigation (DOI), announced the guilty plea.
From approximately January 2018 through July 2018, Gordon agreed to accept bribes in exchange for smuggling contraband, including marijuana, into one of the jails on Rikers Island.  On July 29, 2018, DOI investigators monitoring a telephone call between Gordon’s co-conspirators overheard a discussion about a cash payment made to Gordon in exchange for smuggling contraband into the jail.  Specifically, co-conspirator 2 told co-conspirator 1 that Gordon was given two “bands,” coded language referring to $2,000, and that co-conspirator 2 had “six balls,” code for six packages of narcotics, for Gordon.
On July 30, 2018, when Gordon arrived for work, he was searched and found to have a package containing marijuana concealed in the crotch of his pants.  The package was coated with clear nail polish, to mask the smell of marijuana.
“Gordon betrayed the trust placed in him as a correction officer when he accepted bribes to smuggle contraband into Rikers Island, jeopardizing the safety and security of the correctional facility,” stated United States Attorney Donoghue.  “This Office is committed to working with its law enforcement partners to identify and hold accountable those like Gordon who corrupt our correctional institutions.”  Mr. Donohue extended his grateful appreciation to DOI for its outstanding investigation.  
“City correction officers who accept bribes to transport contraband into correctional facilities undermine the safety and security of the jails, as well as of their fellow officers,” stated DOI Commissioner Garnett.  “In this case, a correction officer who pocketed cash in return for bringing in marijuana to Rikers Island is now convicted and no longer a city employee – sending a strong message that New York City has no tolerance for this illegal conduct.  I want to thank the Office of the United States Attorney for the Eastern District of New York for its partnership in this investigation and the successful prosecution of the matter.” 
The Defendant:
SIMON GORDON
Age:  24
Bronx, New York

Attorney General James Announces Conviction Of New York Doctor For Manslaughter In Opioid Death


Physician Barry S. Sloan Pleads Guilty to Providing Patients Powerful Narcotics Outside the Good Faith Practice of Medicine and Recklessly Causing the Death of a 36-Year-Old Man by Prescribing Fentanyl  
Sloan Expected to Receive Four to Nine Years in State Prison 
  New York Attorney General Letitia James announced the conviction of physician Barry S. Sloan, 61, of Fort Lee, New Jersey, for Manslaughter in the Second Degree, for recklessly causing the death of a patient, L.W, a Manhattan resident, who died at the age of 36 from a fentanyl overdose.  
The Court is expected to sentence Sloan, who has no prior criminal record, to four years to nine years in state prison and require that he surrender his license to practice medicine in the State of New York. 
“Doctors take an oath to heal, not harm people,” said Attorney General Letitia James. “With a raging opioid crisis, it is unconscionable that a doctor would recklessly endanger lives by providing fentanyl to healthy patients. My office will continue to use every tool at our disposal to ensure that those responsible for perpetuating this crisis are brought to justice.” 
Sloan has also been convicted of multiple counts of Reckless Endangerment in the First Degree and Criminal Sale of a Prescription for a Controlled Substance or of a Controlled Substance by a Practitioner or Pharmacist, and Health Care Fraud in the Third Degree for knowingly and unlawfully selling a prescription for a controlled substance other than in good faith in the course of his professional practice to L.W. and four other former patients. 
As part of his guilty plea, Sloan admitted that in August 2014, he issued to L.W.–without medical justification, two separate prescriptions for “Subsys,” a narcotic approved by the FDA to treat intense pain in late-stage cancer patients. Four days later, L.W., an otherwise healthy young man, filled the prescription issued to him by Sloan and died early the next morning after overdosing on fentanyl. According to the Centers for Disease Control and Prevention, the active ingredient in “Subsys” is fentanyl, the most potent chemical of its class legally allowed to be used in humans and is 100 times more powerful than morphine and 50 times more powerful than heroin. 
Sloan also admitted he knowingly provided false information to Healthfirst, a Medicaid managed care company contracted by the State of New York to cover the cost of medical care and prescriptions. 
Furthermore Sloan, as part of his guilty plea before Honorable Maxwell Wiley in Supreme Court, New York County, admitted that between 2012 and 2016, he recklessly issued prescriptions for controlled substances, including highly addictive opioids, to four other patients, and that providing those prescriptions without medical justification caused a significant risk of overdose and death to each of these patients. 
“Stated plainly, Dr. Sloan was a drug dealer in a thinly-veiled disguise, which led directly to this conviction. His opioid prescribing, in no small part, fueled the spread of these drugs, while he stole from Medicare and Medicaid,” said Scott J. Lampert, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “We look forward to continue working with our state and federal law enforcement partners in fighting this epidemic and safeguarding taxpayer-funded government health programs.”     
The Office of the New York Attorney General encourages anyone exposed to over-prescription of opioids to seek medical care or reach out to the New York State HOPEline at 1-877-8-HOPENY. 
The Office of the New York Attorney General wishes to thank the New York field office of the Office of the Inspector General, U.S. Department of Health and Human Services for its assistance in this investigation, as well as the New York State Department of Health, Office of Professional Medical Conduct (OPMC) and Bureau of Narcotic Enforcement (BNE), the Office of the Special Narcotics Prosecutor for the City of New York, the Office of the New Jersey Attorney General and the Office of the Passaic County Prosecutor, for providing valuable assistance in this investigation. 

Bronx District Attorney Darcel Clark - Cases of Interest for the Week of August 12, 2019


Monday, August 12, 2019
ADA,/JUDGE/PART#/STATUS

Purce, E.
--
SCA
Appearance
Dezmen BiasCharged with second-degree Murder and additional charges. The defendant, along with several other defendants, beat and stabbed a man, Dwane Porter, in his apartment on June 19, 2019.
ADA,/JUDGE/PART#/STATUS
Chornobil, Y.
Hornstein
96
Decision
Miriahm PalmoaCharged with Attempted Assault in the first degree, second-degree Assault and additional charges. The defendant allegedly stabbed the mother of the children she was babysitting on April 22, 2019.
Tuesday, August 13, 2019
ADA,/JUDGE/PART#/STATUS
Dolan, M.
McCarty
TRP
Conference
Daniel RiceCharged with second-degree Murder and related charges for the death of Kevin Thomas on October 23, 2016.
ADA,/JUDGE/PART#/STATUS
Mendys, L.
Hornstein
96
Conference
Daquan WheelerCharged with second-degree Murder and additional charges in connection with the murder and dismemberment of a Bronx woman.
ADA,/JUDGE/PART#/STATUS
Miras, J.
Michael
77
Appearance
Michael ParkoCharged with first-degree Manslaughter and Assault charges. The defendant allegedly stabbed his 19-year-old brother to death on October 19, 2018.
Wednesday, August 14, 2019
ADA,/JUDGE/PART#/STATUS
Purce, E.
--
SCA
Appearance
Charles AllenCharged with second-degree Murder and additional charges. The defendant, along with several other defendants, beat and stabbed a man, Dwane Porter, in his apartment on June 19, 2019.
ADA,/JUDGE/PART#/STATUS
Smith, J.
McCarty
TRP
Appearance
Dennis CastellarCharged with first-degree Attempted Murder for allegedly dragging an NYPD officer for several blocks at high speed with his ATV.
ADA,/JUDGE/PART#/STATUS
Borko, N.
Hornstein
96
Appearance
Justin SmithCharged with second-degree Murder and additional charges. The defendant allegedly shot Edwin Cabrera on August 3, 2018, causing his death.
ADA,/JUDGE/PART#/STATUS
Rosenfeld, P.
McCarty
TRP
Appearance
Rafael GonzalezCharged with second-degree Murder in the death of Adam Garcia. The incident happened in January 2016 in a McDonald’s parking lot.
ADA,/JUDGE/PART#/STATUS
Miller, K.
Hornstein
96
Sentencing
Artemio RosaPleaded guilty to first-degree Strangulation in the death of a Rikers Island inmate. The incident happened on July 9, 2018.
ADA,/JUDGE/PART#/STATUS
Purce, E.
--
FA
Appearance
Rocky Pena BaezCharged with Murder, Manslaughter, Gang Assault and additional charges. The defendant, in concert with unapprehended individuals, beat a man with baseball bats on November 11, 2018. The victim, Kiro Carter, died in June 2019 due to injuries that he sustained during the incident.
ADA,/JUDGE/PART#/STATUS
Borko, N.
Michael
77
Appearance
Zaire HebronCharged with second-degree Murder and additional charges. The defendant allegedly fired multiple shots at a person in a Bronx park on June 24, 2018.
Thursday, August 15, 2019
ADA,/JUDGE/PART#/STATUS
Suminski, G.
Michael
77
Defense Report
Jose GonzalezCharged with Murder, Manslaughter and Robbery for fatally running over FDNY EMT Yadira Arroyo while attempting to take off with her ambulance in March 2017.
Friday, August 16, 2019
NOCASES OF INTEREST
Please note: All court proceedings are scheduled for after 9:30 a.m. at 265 East 161st Street, the Hall of Justice, Bronx Supreme Court unless otherwise specified.