MS-13 Member Pleads Guilty to RICO Conspiracy Involving Murder

 

Defendant admits responsibility for the murder of a 17-year-old in Lynn Mass.

 An MS-13 member pleaded guilty on Friday, Feb. 12, 2021 in federal court in Boston and admitted to his participation in a 2018 murder in Lynn, Mass.             

Eliseo Vaquerano Canas, a/k/a “Peligroso,” 21, a national of El Salvador, pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO or racketeering conspiracy. As part of his guilty plea, Vaquerano Canas admitted that his racketeering activity involved the July 30, 2018 murder of a 17-year-old boy in Lynn. U.S. Senior District Court Judge Mark L. Wolf scheduled sentencing for June 18, 2021.

MS-13 is a transnational street gang operating in Massachusetts and numerous other states, as well as countries such as El Salvador, Honduras and Guatemala. MS-13 members follow certain core rules and principles, including that members attack and attempt to kill members of rival gangs, and members do not act as informants or cooperate with law enforcement.

MS-13 is organized in Massachusetts and elsewhere in the form of “cliques” or smaller groups that operate under the larger mantle of MS-13. Vaquerano Canas was a member of the Sykos Locos Salvatrucha clique of MS-13. Court documents showed that Vaquerano Canas had “homeboy” status in MS-13, which is generally achieved by committing a significant act of violence.

Vaquerano Canas was indicted in federal court in 2018 following an investigation into the murder of a teenage boy whose body was found in a Lynn park on Aug. 2, 2018. The injuries to the victim’s body indicated that the victim had been stabbed dozens of times. As part of his guilty plea, Vaquerano Canas admitted that on or about July 30, 2018, he participated in that murder while a member of the MS-13 gang. 

Vaquerano Canas faces a sentence of up to life in prison. He will also be subject to deportation upon the completion of his sentence. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Essex County District Attorney Jonathan Blodgett; Acting Boston Police Commissioner Gregory Long; and Lynn Police Chief Michael Mageary made the announcement.

The remaining defendants in this case are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Governor Cuomo Announces 30-Day Amendments to Legislation Establishing Comprehensive Adult-Use Cannabis Program in New York

 

30-Day Amendments Detail How $100 Million in Social Equity Funding will be Allocated, Enable the Use of Delivery Services, and Refine Criminal Charges Related to Improper Sales to Reduce Impact on Communities Hit Hardest by the War on Drugs

Governor Andrew M. Cuomo today announced 30-day amendments to the Governor's proposal to establish a comprehensive adult-use cannabis program in New York. Specifically, these amendments will detail how the $100 Million in Social Equity funding will be allocated, enable the use of delivery services, and refine which criminal charges will be enforced as it relates to the improper sale of cannabis to further reduce the impact on communities hit hardest by the war on drugs.

"As we work to reimagine, rebuild and reopen New York, we're taking every opportunity to address and correct decades of institutional wrongs to build back better than ever before," Governor Cuomo said. "We know that you cannot overcome a problem without first admitting there is one. Our comprehensive approach to legalizing and regulating the adult-use cannabis market provides the opportunity to generate much-needed revenue, but it also enables us to directly support the communities most impacted by the war on drugs by creating equity and jobs at every level, in every community in our great state."

Allocation of $100 Million Cannabis Social Equity Fund

Social and economic equity are the bedrock of Governor Cuomo's proposal to legalize cannabis for adult-use and as part of that, the Governor's proposal includes a $100 million dollar fund to help revitalize communities that have been most harmed by the war on drugs.

Through this fund, qualified community-based nonprofit organizations and local governments would apply for funding to support a number of different community revitalization efforts, including, but not limited to:

• Job placement and skills services,
• Adult education,
• Mental health treatment,
• Substance use disorder treatment,
• Housing,
• Financial literacy,
• Community banking,
• Nutrition services,
• Services to address adverse childhood experiences,
• Afterschool and child care services, system navigation services,
• Legal services to address barriers to reentry, and
• Linkages to medical care, women's health services and other community-based supportive services

The grants from this program may also be used to further support the social and economic equity program.

Under the amended proposal, the Department of State would allocate the funding, through grants administered by Empire State Development Corporation, in collaboration with the departments of Labor and Health, as well as with the Division of Housing and Community Renewal, and the offices of Addiction Services and Supports and Children and Family Services. Final allocations and administration of funding would also be contingent upon approval from the Division of the Budget.

Enabling the Use of Delivery Services

The legalization of cannabis is expected to play an important role in helping rebuild New York's economy following the damaging effects of the COVID-19 pandemic. In fact, legalization is projected to create more than 60,000 new jobs, and spur $3.5 billion in economic activity while generating an estimated $350 million in tax revenue once fully implemented.

Cannabis legalization also has the potential to have a significant economic benefit on distressed areas in New York, providing employment opportunities for all levels of the workforce. As social and economic equity are the bedrock of Governor Cuomo's proposal, delivery services offer a low-cost entry point into the industry, particularly in communities which have been especially impacted by the war on drugs.

Recognizing this, the Governor is amending his proposal to allow for the permitting of delivery services as a way to open up access to this new industry even further so more New Yorkers can participate as it grows. As part of this, local governments would have the opportunity to opt out from delivery services occurring within their jurisdiction.

Criminality of Improper Sales

When establishing a new product market as the Governor's proposal does, there will inevitably be attempts by bad actors to skirt rules and commit fraud for their own financial gain. This makes it critically important to ensure that penalties are carefully calibrated to ensure that all those who wish to participate in this new market, are operating on the same level playing field.

Cannabis, however, adds another complicating factor to this dynamic - years of outdated policies stemming from the War on Drugs have disproportionately impacted communities of color. Already, New York has taken steps to decriminalize cannabis and as this new market is realized, and it's critical that criminal penalties are thoughtfully assigned, as to ensure that the progress which has already been made, is not inadvertently reversed.

As such, under the Governor's amended proposal, specific penalties will be reduced as follows:

• Criminal sale in the third degree (sale to under 21 year old) will be made a class A misdemeanor
• Criminal sale in the second degree (sale of over 16 ounces or 80 grams of concentrate) will be made a class E felony
• Criminal sale in the first degree (sale of over 64 ounces or 320 grams of concentrate) will be made a class D felony

The Governor's proposal builds on years of work to understand and decriminalize cannabis for adult use. In 2018, the Department of Health, under Governor Cuomo's direction, conducted a multi-agency study which concluded that the positive impacts of legalizing adult-use cannabis far outweighed the negatives. It also found that decades of cannabis prohibition have failed to achieve public health and safety goals and have led to unjust arrests and convictions particularly in communities of color.

In 2019, Governor Cuomo signed legislation to decriminalize the penalties for unlawful possession of marijuana. The legislation also put forth a process to expunge records for certain marijuana convictions. Later that year, the Governor spearheaded a multi-state summit to discuss paths towards legalization of adult-use cannabis that would ensure public health and safety and coordinate programs regionally to minimize the cross-border movement of cannabis products.

Building on that important work, the Governor's proposal reflects national standards and emerging best practices to promote responsible use, limiting the sale of cannabis products to adults 21 and over and establishing stringent quality and safety controls including strict regulation of the packaging, labeling, advertising, and testing of all cannabis products. Cannabis regulation also offers the opportunity to invest in research and direct resources to communities that have been most impacted by cannabis prohibition.

News, updates and more from NYC Council Member Rafael Salamanca, Jr.

319 Days and Counting

 

I rode the subway Yesterday from 86th Street to City Hall.

Mayor de Blasio Rides the Subway From 86th Street to City Hall and Greets Police Officers on Patrol and Riders.

 

On the day that Governor Andrew Cuomo announced that on February 22nd the MTA will be increasing overnight subway service hours from a closure of 1 AM - 5 AM to a closure of just 2 AM - 4 AM with the hopes of restoration of full overnight subway service in the not to distant future, Mayor Bill de Blasio rode a subway train from 86th Street to City Hall. Will Mayor de Blasio continue to ride the subway to City Hall, that will have to be seen.  

Above - Mayor Bill de Blasio speaks with police officers assigned to ride the subways after the events that recently happened on the A line.

Below - Mayor de Blasio speaks with some riders.

Governor Cuomo Announces MTA to Partially Restore Overnight Subway Service

Partial Restoration Would Begin in the Early Morning Hours on Monday, February 22, and Support Gradual Reopening of New York City Nightlife, Cultural Centers and Sports Facilities 

MTA to Continue the Enhanced Cleaning and Disinfecting that Has Made Subway the Cleanest in Its History 

Builds on Governor's Recent Measures to Further Re-Open Economy Amid Decline in Positivity Rate and Hospitalizations 

 Governor Andrew M. Cuomo today announced that the Metropolitan Transportation Authority will partially restore overnight service on the New York City Subway, pending continued positive trends in New York's COVID indicators. Effective Monday, February 22nd, the MTA will extend late-night subway service by two hours, moving to a 2 a.m. - 4 a.m. closure daily. The changes will lengthen the subway's operations by two hours while enabling the MTA to continue the most aggressive deep cleaning and disinfecting regimen in its history. Since May 6th, the subway has been closed nightly from 1 a.m. to 5 a.m. to allow the MTA to enhance cleaning and disinfecting of the subway.

"Thanks to the hard work of New Yorkers, COVID hospitalization and infection rates have continued to decrease, allowing us to begin re-opening different facets of the economy in a cautious, thoughtful, data-based approach," Governor Cuomo said. "With the expansion of hours of operation for restaurants and bars, as well as the re-opening of cultural centers and sports facilities, we must ensure that both employees and patrons have transportation options to get them where they need to go, when they need to get there. Accordingly, the MTA will be expanding the overnight hours for subway service to ensure transportation is available, while still maintaining the organization's comprehensive cleaning procedures."

MTA Chairman and CEO Patrick J. Foye said, "The partial late-night reopening of the subways will support the Governor's gradual reopening as we are seeing positive trends with the deployment of the vaccine, lower infection rate, the resumption of indoor dining and extended hours for bars and restaurants. The suspension of service for two hours will enable the MTA to continue the most aggressive cleaning and disinfecting regimen that has led the subway to be the cleanest it has ever been."

Interim President of MTA New York City Transit Sarah Feinberg said, "This approach allows us to enhance service for customers as New York City cautiously reopens while maintaining our concerted effort to deep clean and disinfect the system. We want to be able to provide as much service as we can without compromising on our commitment to doing everything we can to keep New Yorkers safe during the pandemic. We will continue to follow guidance from Governor Cuomo and Commissioner Zucker on all aspects of public transportation service provision as it relates to COVID-19, as well as that from the federal government and Centers for Disease Control."

The extension of the MTA's operating hours builds on the Governor's recent measures to further re-open the economy amid a steady decline in the state's positivity and hospitalization rates. On February 14th, the Governor issued an Executive Order extending closing times to 11 p.m. statewide for restaurants, bars, gyms and fitness centers, casinos, billiards halls and any other location with an SLA license. The Governor also announced sports and entertainment events in major stadiums and arenas with a capacity of 10,000 or more people can re-open with limited spectators beginning February 23.

The U.S. Environmental Protection Agency's Office of Research and Development recently advised MTA to continue to disinfect surfaces following remarks on Feb. 9 by Dr. Shawn Ryan, Director of the EPA's Homeland Security Program who said, "surfaces are still recognized as a route for exposure to the virus," and "CDC and EPA guidance suggest frequent hand washing as well as cleaning and/or disinfecting surfaces that are frequently touched by many people."

The Federal Transit Administration provides guidance to the MTA and other public transit agencies that high-touch surfaces include kiosks, turnstiles, benches, railings, handrails, garbage cans, door handles, payphones, restroom surfaces (faucets, toilets, counters), poles, handrails, seats, benches, grab bars, and exit buttons should continue to be disinfected, while the Centers for Disease Control also advises routine disinfection and cleaning.

A survey by Hofstra University published last month found three out of four riders felt safer riding the subway as a result of COVID cleaning. The results were in line with an MTA survey conducted in the fall with a similar finding: 76 percent of 20,000 customers agreed that cleaning and disinfecting made them feel safe when using transit.

The MTA suspended subway service between 1 a.m. and 5 a.m. daily on May 6, 2020, at the same time that it significantly enhanced overnight bus service. The MTA increased overnight bus service by 76 percent by adding 1,168 overnight bus runs, bringing 344 buses into service on top of the 235 that had been operating during these hours - an approximately 150 percent increase in the operational fleet. The MTA enhanced service on 61 bus lines, including 11 inter-borough express routes with additional stops (five routes in the Bronx, three each in Brooklyn and Queens), and 13 new routes that normally don't offer overnight service (17 in Brooklyn, 13 in Queens, 10 each in the Bronx and Manhattan). Thirty-seven routes have added overnight service.

A study of ridership in April 2020 showed that approximately 1,802 customers were using the subway between the hours of 1-2 a.m., 1,386 customers between 2-3 a.m., 2,129 between the hours of 3-4 a.m., and 5,692 between 4-5 a.m. The reopening from 1-2 a.m. and 4-5 a.m. will provide service for the vast majority of those seeking service during overnight hours.

Middletown Man Pleads Guilty In Federal Court To Use Of Incendiary Device At Newark Planned Parenthood

 

 A Middletown man pleaded guilty in federal court on February 11, 2021, to Intentional Damage to a Facility that Provides Reproductive Health Services and Possession of an Unregistered Destructive Device (Molotov Cocktail) under the National Firearms Act.  The Honorable Leonard P. Stark, Chief Judge, United States District Court for the District of Delaware, accepted the plea.

According to court documents, at approximately 2:16 a.m., on January 3, 2020, Samuel Gulick, 19, drove to the Planned Parenthood facility in Newark, Delaware.  Video surveillance captured Gulick standing on the front porch of the building and spray-painting the phrase “Deus Vult” in red letters. Gulick then stepped off the front porch, lit an object, and threw it at the front window of the Planned Parenthood facility. The object, a Molotov Cocktail, exploded and Gulick ran away. The fire burned for approximately one minute before self-extinguishing. The explosion damaged the front window and porch of the building. Law enforcement identified Gulick through video surveillance that captured the license plate of the car in which he fled and through an Instagram page registered to Gulick, containing the phrase “Deus Vult” and several anti-abortion posts.

Gulick pleaded guilty to Intentional Damage to a Facility that Provides Reproductive Health Services and Possession of an Unregistered Destructive Device under the National Firearms Act.  He faces a statutory maximum of 10 years in prison.  Sentencing is scheduled for June 2, 2021 at 2:00 p.m. Actual sentences for federal crimes are typically less than the maximum penalties. Chief Judge Stark will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

In announcing the plea, U.S. Attorney David C. Weiss stated, “Mr. Gulick’s actions had potentially deadly consequences. I applaud the investigative efforts of local, state, and federal law enforcement who worked quickly to identify and bring Mr. Gulick to justice.”  

"While people have a First Amendment right to peacefully express their views, they do not have a right to vandalize clinics in the hopes of deterring women from receiving lawful services that those facilities provide," said Jennifer C.  Boone, Special Agent in Charge of the FBI Baltimore Field Office. “The FBI and our law enforcement partners will hold those accountable for any threats of violence to healthcare facilities or their employees."

“ATF and our law enforcement partners will not tolerate violent attacks from those seeking to achieve personal political goals,” said ATF Special Agent in Charge Tim Jones. “We are proud of investigators’ efforts and dedication to identify the person responsible in this case and are grateful that no one was injured as a result of this defendant’s criminal actions.”

Governor Cuomo Updates New Yorkers on State's Progress During COVID-19 Pandemic FEBRUARY 15, 2021

 

6,623 Patient Hospitalizations Statewide 

1,270 Patients in the ICU; 875 Intubated 

Statewide Positivity Rate is 3.53% 

103 COVID-19 Deaths in New York State Yesterday 

First New South African Variant Case Identified in New York City; Patient is Connecticut Resident 

 Governor Andrew M. Cuomo today updated New Yorkers on the state's progress during the ongoing COVID-19 pandemic. As part of that update, the Governor notified New Yorkers that a Connecticut resident who is a patient in a New York City hospital has tested positive for the South African variant. There is no evidence of any spread in New York State to date.

"New Yorkers haven't only gotten past the post-holiday surge—they've continued to drive down hospitalization and infection rates by acting smart and responsibly, and they should be commended for it," Governor Cuomo said. "Thanks to this hard work, we are now in a place where we have been able to begin opening the valve and start getting the economy going again, as long as we do it safely. If we're able to keep the momentum headed in a positive direction by practicing safe behaviors at an individual level, as well as continuing to vaccinate New Yorkers as quickly and fairly as possible, we'll be able to reach the light at the end of the tunnel faster than previously thought and finally get some normalcy back into our lives."

Today's data is summarized briefly below:

• Test Results Reported - 180,504
• Total Positive - 6,365
• Percent Positive - 3.53%
• 7-Day Average Percent Positive - 3.74%
• Patient Hospitalization - 6,623 (+30)
• Net Change Patient Hospitalization Past Week - -1,093
• Patients Newly Admitted - 600
• Hospital Counties - 53
• Number ICU - 1,270 (-15)
• Number ICU with Intubation - 875 (-6)
• Total Discharges - 138,542 (+492)
• Deaths - 103
• Total Deaths - 37,221

It is important to note that data, including test results and hospital rates, reported early in the week are often not completely reflective of the current situation due to lower discharges and testing volume over the weekend. Data trends over a period of time, such as using 7-day averages, are a preferred metric.