Rochester, New York Man Arrested and Charged with Destroying Property and Obstruction of Congressional Proceedings

 

  WASHINGTON, D.C. – A New York State man was taken into custody and charged today with unlawful entry, destruction of government property and obstruction of an official proceeding. 

Dominic Pezzola, 43, also known as “Spaz” and “Spazzo,” of Rochester, New York, was charged by criminal complaint with one count of obstruction of an official proceeding, in violation of Title 18, United States Code, Section 1512(c)(2); one count of destruction of government property, in violation of Title 18, United States Code, Section 1361; and one count of knowingly entering or remaining in any restricted building or grounds without lawful authority, in violation of Title 18, United States Code, Section1752(a).  Following a hearing in the Western District of New York, Pezzola was ordered detained.

The affidavit in support of criminal complaint alleges that Pezzola unlawfully gained entry to the U.S. Capitol on January 6, 2021, by breaking a window in the U.S. Capitol with a U.S. Capitol Police shield, as an individual in the crowd yelled “Go Go Go,” before entering the Capitol building. 

The affidavit also alleges that a video posted from inside the Capitol shows Pezzola smoking a cigar inside the building.  In that video, Pezzola can be heard saying words to the effect of, “Victory smoke in the Capitol, boys.  This is f***ing awesome.  I knew we could take this mother***er over [if we] just tried hard enough.” 

The affidavit alleges that Pezzola was photographed in December, 2020, at rallies in Washington, D.C., that included individuals wearing clothing consistent with the “Proud Boys.”

At some point after the incident at the Capitol had ended, the affidavit in support of criminal complaint alleges, Pezzola bragged about breaking the windows to the Capitol with a Capitol Police shield.  The affidavit also alleges that Pezzola and others stated that they would have killed anyone they got their hands on, including Speaker of the House Nancy Pelosi and Vice President Michael Pence.  The affidavit alleges that, in the days after the event, members of the group said that the group would return to Washington, D.C., and kill every single “m-fer” they could. 

A criminal complaint is a formal accusation of criminal conduct for purposes of establishing probable cause, not evidence of guilt. A defendant is presumed innocent unless proven guilty.

The case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Counterterrorism Section of the Department of Justice’s National Security Division. The case is being investigated by the FBI’s Buffalo Field Office, Albany Field Office, and Washington Field Office.

The ATF and FBI continue to urge the public to report suspected use of explosive devices, or violent, destructive acts associated with the recent unrest. Anyone with information can call 1-888-ATF-TIPS (1-888-283-8477), email ATFTips@atf.gov or submit information anonymously via ReportIt.com.

The FBI is looking for individuals who may have incited or promoted violence of any kind. Anyone with digital material or tips can call 1-800-CALL-FBI (800-225-5324) or submit images or videos at fbi.gov/USCapitol.

Governor Cuomo Provides Update on New York’s COVID-19 Vaccine Distribution

 

New York's Health Care Distribution Sites Have Administered 83% of Doses Received from Federal Government

Administered an Additional 73,336 Doses Over Prior 24 Hour Period

All Vaccines Are By Appointment Only; Appointment Scheduling for Second Dose Occurs Immediately Following First Dose

 Governor Andrew M. Cuomo today updated New Yorkers on the distribution of the COVID-19 vaccine after the first four weeks of availability for non-long term care facilities. The State's vaccine supply is determined by the federal government, and although more than 7 million New Yorkers are now eligible for the COVID vaccine, next week, the state will receive only 250,000 doses from the federal government. To date, New York's health care distribution sites have administered 83 percent of doses received from the federal government. These sites administered an additional 73,336 doses over the prior 24-hour period.

"We are in a footrace to get the vaccine into the arms of eligible New Yorkers as quickly and equitably as possible," Governor Cuomo said. "However, we now have 7 million New Yorkers vying for a fraction of doses made available to use by the federal government. We need Washington to step up and increase New York's supply to make sure everyone who wants the vaccine has the opportunity to get it."

Since federal supply severely limits the ability to distribute vaccines, New Yorkers are encouraged to remain patient and are advised not to show up at vaccination sites without an appointment. New York's vast distribution network and large population of eligible individuals far exceed the vaccine supply coming from the federal government. Next week, New York is only receiving 250,000 doses from the federal government for a universe of over 7 million people who are eligible.

**The total number above includes full weekly vaccine deliveries to NY for the first 4 weeks of the program. The week 5 allocation to NY's vaccination program (not including the federally run long-term care program) began being distributed 1/12 and continues through today when the full weekly distribution will be complete. The week 5 allocation will appear in tomorrow's total number of doses delivered to New York State.**

To date, New York's health care distribution sites have administered 83 percent of doses received from the federal government but due to the federal government's limited allocation, appointments have filled up quickly. New Yorkers are being urged to call your local health department, pharmacy, doctor or hospital for additional information and to schedule appointments. To determine eligibility and schedule an appointment at a state-run mass vaccination site, visit the 'Am I Eligible' website.

State Senator Gustavo Rivera - in Support of Hunts Point Produce Market Workers' Strike

 

"I want to express my unwavering support to the Hunts Point Produce Market's 1,400 Teamsters Local 202 drivers and loading dock workers who went on strike earlier today. Since the start of the COVID-19 pandemic, these brave essential workers have dutifully performed their duties, putting their health and that of their families at risk in an effort to keep us fed during this unprecedented crisis. 

These workers, along with their union representatives, attempted to negotiate in good faith a small raise on their salaries. However, their efforts were only met with plain hostility. 

I call on the owners of the Hunts Point Produce Market to go back to the negotiating table and urge them to do right by their workers.

To the workers and Teamsters Local 202, I stand in solidarity with you and thank you for the work that you do to keep our City running."

EDITOR'S NOTE:

While we do not dispute the workers rights, we would remind Senator Rivera that the Hunts Point Produce Market is essential to the delivery of fresh produce and other foods to people who are having problems of their own. 

We would suggest that Senator Rivera and other Bronx elected officials should join the talks to stop or end quickly a strike where everyone loses, especially the people who need the food that will be in short supply.

NYS Office of the Comptroller DiNapoli: Tax Revenues Through December Were $2.5 Billion Lower Than Last Year

 

State tax receipts through the first nine months of the state fiscal year were $2.5 billion lower than last year, but were $1.8 billion higher than anticipated by the state Division of the Budget (DOB), according to the monthly State Cash Report released by New York State Comptroller Thomas P. DiNapoli.

Tax receipts in the month of December totaled $8.4 billion, $422.5 million above last year, and $1.4 billion above DOB’s latest projections.

“December’s tax receipts were better than expected, but the revenue challenge is still with us,” DiNapoli said. “President-elect Biden’s proposed stimulus plan, with new aid to help states and localities fill gaps created by the COVID-19 pandemic, is another hopeful sign. We still have a long way to go, and it’s essential that leaders in Washington act on a robust plan of assistance as quickly as possible.”

Personal income tax receipts in December were $544.8 million, or 12.7 percent, above December 2019, due in part to an additional day of withholding in 2020. Sales tax receipts continued to fall short of the previous year in December, down $86.6 million, or 5.5 percent, from 2019. 

State Operating Funds spending through the first nine months of the fiscal year totaled $63.9 billion, which was $7.8 billion, or 10.8 percent, lower than last year. This is largely due to higher federal reimbursement for Medicaid spending, as well as the withholding of certain payments.  

As of December 31, the General Fund held a balance of $16.6 billion, $2 billion higher than DOB projections, and $8.4 billion higher than last year at the same time. The higher balance is driven partly by withheld payments as well as receipts from short-term borrowing that DOB anticipates repaying before the end of the fiscal year. The state has repaid $1 billion of that borrowing, with the remaining $3.4 billion due by March 31.

December Cash Report         

MAYOR DE BLASIO RELEASES MAJOR POLICE DISCIPLINE REFORMS

 

 

NYPD Discipline Matrix Part of Plan to Fulfill Obama Foundation Reimagining Policing Pledge

 Mayor Bill de Blasio today released the first NYPD Discipline Matrix, a major police discipline reform.

 

“For years, we have achieved major police department reforms and today’s announcement is just the start for the progress we will make together as a city in 2021,” said Mayor Bill de Blasio. “With this new cutting-edge reform, the Police Department now has clear, fair and just discipline guidelines. This is about accountability, building trust and ensuring community engagement is centered in our approach.”

 

“This matrix, almost two years in the making, establishes clear and consistent presumptive penalties for specific offenses and eliminates the perception of favoritism or bias that can undermine our discipline process, as well as the department’s legitimacy in the eyes of the people we are sworn to serve and protect.  Moreover, the matrix reflects my commitment that every member of the service is held accountable for his or her conduct based upon reasonable standards. The matrix is meant to be a living document, open to further improvements as the needs of the police and the public naturally evolve,” said Police Commissioner Dermot Shea.

 

"We appreciate this promising step the NYPD has taken to outline clearer rules of the road for their uniformed members of service,” said CCRB Chair Fred Davie. “The Board looks forward to reviewing the Department’s proposal, and engaging further with the public on the disciplinary matrix."

 

The matrix outlines presumptive penalties for instances of officer misconduct, which may be adjusted up or down in a set window based on aggravating and mitigating factors. Penalties escalate with repeated offenses. The reforms aim to increase fairness in the disciplinary system, and increase trust in the system among both members of the NYPD and the public, by improving:

• Accountability with penalties that are fair and proportional to the misconduct.
• Transparency, so that both members of service and the community know what discipline to expect when an officer breaks the rules.
• Consistency, so similar actions are treated similarly, and there is greater concurrence between the CCRB recommendations and NYPD decisions on penalties.

 

The discipline reforms are part of Mayor de Blasio’s plan to fulfill the Obama Foundation Reimagining Policing Pledge. The pledge, in partnership with the My Brother’s Keeper Alliance, calls for Mayors to review, engage, report and reform. That multi-step process allowed the City to bring true community input into the formation of the discipline guidelines.

 

On August 30, 2020, NYPD released the draft disciplinary matrix for public comment. Feedback and input were solicited from the Department’s oversight organizations, as well as community and advocacy organizations. Over 400 comments were received and resulted in changes to strengthen and better adapt the guidelines to better reflect New Yorkers’ experiences.

 

The discipline guidelines are clear and simple to interpret for officers and community members alike. For example: 

· Use of excessive deadly force has a presumed penalty of termination.

· Racial profiling has presumed penalty of termination.

· Intentionally making a false official statement has a presumed penalty of termination.

· Insubordination has presumed penalty of 20 unpaid days.

· Recklessly operating a vehicle has presumed penalty of 20 unpaid days.

· Failure to report a lost firearm has presumed penalty of 10 unpaid days.

 

Any penalty could increase if there are aggravating factors like time allowing for deliberate reflection before the action, or if its motivated by personal interest.

 

All presumptive penalties can be viewed in the final Disciplinary System Penalty Guidelines here.

HUNTS POINT PRODUCE MARKET WORKERS’ UNION SCHEDULES STRIKE FOR SUNDAY, JANUARY 17TH, AS NEGOTIATIONS ON NEW CONTRACT BREAK DOWN

 

1,400 MEMBERS OF TEAMSTERS LOCAL 202 HAVE KEPT NEW YORK FED THROUGH THE PANDEMIC AS EMPLOYERS CASHED MORE THAN $15 MILLION IN FORGIVABLE PPP LOANS

 The unionized workers at the Hunts Point Produce Market are scheduled to go on strike on Sunday, January 17th, at 12:01 am after negotiations broke down when management refused to budge from a stingy offer for workers who kept New Yorkers fed through the pandemic. Union members are taking a strike vote on Saturday and scheduled to walk picket lines starting Sunday.

The majority of the workers have an average base salary between $18 and $21 an hour. Employers in the market, who collectively bill billions of dollars in annual sales, received more than $15 million in forgivable PPP loans during the pandemic.

Leaders of Teamsters Local 202 will hold a press conference on Sunday, January 17th, at 11 am, outside the main entrance to the market at 772 Edgewater Road in the Bronx. Elected officials are expected to join the Hunts Point union leaders at the press conference. 

 

Question of wrongdoing at the DSA

 

This came to us from the attention of Assemblyman Jose Rivera and Theo Chino

Is there something rotten in the DSA?

DSA backed candidates need to answer this charge of alleged fraud.

Council Member Mathieu Eugene Fined $10,717 for 2017 Campaign Violations

The fine was for nine violations of campaign finance law, including failure to report transactions and making impermissible post-election expenditures from his 2017 campaign. Councilman Eugene when first elected did not move into the district within thirty days so another special election had to be held which he also won. 

Councilman Eugene is running for Brooklyn Borough President, and they say that Bronx politics is bad.

The link to the story from the BKLYNER is below.

https://bklyner.com/council-member-mathieu-eugene-fined-10717-for-2017-campaign-violations/?mc_cid=c34ff43feb&mc_eid=abeb56f41b