MANHATTAN TEEN INDICTED FOR ATTEMPTED MURDER FOR SHOOTING AT NYPD SERGEANT AND TWO OFFICERS IN SOUTH BRONX

 

Defendant Fired Multiple Shots; Officers Returned Fire, Wounding Him

 Bronx District Attorney Darcel D. Clark today announced that a Manhattan teen has been indicted on Attempted Murder and additional charges for shooting at an NYPD Sergeant and two NYPD Police Officers during a graffiti stop. 

 District Attorney Clark said, “The defendant allegedly resisted arrest and fired at an NYPD Sergeant and two NYPD Officers. The cops were not injured but the 18-year-old defendant was shot when they returned fire. Fortunately, no one died that day. It is a stark reminder of how important it is to get guns off the streets, because even a seemingly unremarkable encounter can lead to gunfire.” 

 District Attorney Clark said the defendant, Messiah Nantwi, 18, of 2333 5th Avenue, Manhattan, was arraigned on March 8, 2021 on three counts of Attempted Murder in the first degree, three counts of Attempted Murder in the second degree, first-degree Criminal Use of a Firearm, second-degree Criminal Possession of a Weapon, Criminal Possession of a Firearm, three counts of Menacing a Police Officer, Obstructing Governmental Administration in the second degree, Resisting Arrest and Possession of Graffiti Instruments before Bronx Supreme Court Justice David Lewis. Bail was set at $500,000 cash/$500,000 insurance company bond/ $500,000 partially secured bond at 10 percent. The defendant is due back in court on April 15, 2021.

 According to the investigation, at approximately 12:30 a.m. on February 21, 2021 at Elton Avenue and East 153rd Street, uniformed NYPD Officers attempted to stop Nantwi and another individual when they saw them with spray paint cans. While the other individual ran away, the defendant was apprehended. During the arrest, the defendant took out a .22- caliber pistol and fired three shots at NYPD Sergeant Darren Earl and NYPD Officers Malik Underwood and Erick Reyes. The three Officers returned 31 shots, striking Nantwi multiple times. The defendant is currently being treated at Lincoln Hospital. The cops were not injured.

 District Attorney Clark thanked Trial Preparation Assistant Annarese Marcano, of the Public Integrity Bureau, and NYPD Force Investigation Division Detective Kevin Lavin for their assistance in the investigation.

 An indictment is an accusatory instrument and not proof of a defendant’s guilt. 

A RECOVERY FOR ALL OF US: MAYOR DE BLASIO ANNOUNCES ZONING CHANGES TO CREATE MORE VIBRANT, EQUITABLE CITY

 

Responding to challenges highlighted by COVID-19 pandemic, proposals expected to go into public review this year

 Mayor Bill de Blasio today announced a set of new citywide zoning actions to bring more grocery stores to local communities, improve accessibility, and support a range of small businesses across the city. These changes will each start public review this spring and remain on track to be adopted by the end of this year.

 

“Building a recovery for all of us means cutting red tape and supporting efforts to make our communities healthier and more accessible,” said Mayor Bill de Blasio. “These zoning changes will help New Yorkers create the neighborhoods we all want to live in: ones with fresh food, easy access to health and wellness facilities, and equitable transit access for New Yorkers with disabilities.”

 

“We are using every tool at our disposal to advance a fair recovery for New Yorkers. These zoning actions will remove barriers to providing grocery stores, encourage accessible transit, and allow a wide range of small businesses across the five boroughs to open more easily,” said Deputy Mayor for Housing and Economic Development Vicki Been. “We look forward to advancing these actions with our partners and furthering a strong recovery for New York City.”

 

“In our most difficult moments, we find the most innovative solutions to the problems facing us. These zoning proposals focus on our city’s recovery, addressing some of the challenges of today and tomorrow. I look forward to the public discussion around these proposals, and especially how they can contribute to a stronger, more equitable city,” said Department of City Planning (DCP) Director Marisa Lago.

 

“The Zoning for Accessibility (ZFA) proposal will be a game-changer that will enable a more fully accessible subway system at an even faster pace,” said Mayor's Office for People with Disabilities Commissioner and MTA Board Member Victor Calise. “Elevators truly are for everyone and ZFA will enable all New Yorkers and visitors to the city, including those with disabilities, to get to where they need to go.”

 

"Grocery stores are essential community infrastructure and grocery store workers and owners have kept us all fed during these challenging times,” said Kate MacKenzie, Director of the Mayor’s Office of Food Policy. “By expanding the FRESH program to additional neighborhoods, the City is acknowledging not only the important role grocery stores have played during the crisis but also that supporting the food sector is essential for an equitable recovery.”

 

These proposals seek to incentivize the creation of green grocery stores in communities facing barriers to food access; improve accessibility to transit stations; remove bureaucratic hurdles to establishing and opening community gyms and other health facilities; and ensure the zoning code is not a barrier to supporting small businesses in the Open Restaurants program. Each proposal has citywide implications, benefitting a wide array of communities across all five boroughs.

 

Public meetings for these actions will be scheduled over the coming months, culminating in the start of public review for each of these proposals this spring or summer, with the goal of reaching approval before the end of the administration.

 

The coming new citywide text amendment proposals are:

 

FRESH II

 

The COVID-19 pandemic dramatically highlighted the vital need for local access to fresh food. In partnership with the City Council, DCP will seek to expand the existing Food Retail Expansion to Support Health (FRESH) program, which offers zoning incentives and financial benefits to encourage the creation of convenient, accessible stores that provide fresh fruit, meats and vegetables, and other perishable goods in addition to a full range of grocery products.

 

The new FRESH proposal aims to bring the program to 11 more community districts – in addition to 19 districts currently in the program – including:

 

• Bronx Community Districts 8 and 9
• Brooklyn Community Districts 1, 2, 12 and 13
• Queens Community Districts 1, 3, 4 and 14
• Staten Island Community District 1

 

Elevate Transit: Zoning for Accessibility (ZFA) Text Amendment

 

In collaboration with the Metropolitan Transportation Authority (MTA), City Council, and advocates, the City will expand and improve zoning rules that allow the MTA to leverage private development to add elevators or other station access to New York City Transit (NYCT), Staten Island Railway (SIR), Long Island Rail Road, and Metro-North stations in the City. For example, less than 30% of the 493 NYCT subway and SIR stations in New York City are currently wheelchair accessible.

 

This proposal will expand existing zoning tools to coordinate new developments near transit with the construction of improvements to station accessibility and capacity. Currently, this zoning tool is limited to a few areas of the city, mostly in Manhattan. The proposal would require property owners of developments near stations to proactively work with the MTA to provide station access easements. The proposal will also expand zoning incentives for developments in high-density districts to construct station improvements that advance accessibility.

 

Every elevator and accessible entrance and platform is an invaluable improvement for individuals with physical disabilities, parents with young children who use strollers, seniors, and indeed all New Yorkers and visitors to the city.

 

Health and Fitness Text Amendment

 

Based on outmoded zoning regulations that date to the 1970s, exercise gyms, licensed massage therapy, martial arts studios, and spas, among other health-related businesses, are required to obtain special permission from the City's Board of Standards and Appeals (BSA) to open. The process for obtaining a permit is extremely costly, often adding six months and at least $50,000 in additional startup costs to open a gym. This creates a high barrier for small and independent businesses and is likely to slow the economic recovery of a sector that has been significantly impacted by the pandemic.

 

Because health and fitness facilities offer valued and beneficial amenities to communities, the City is working to allow these businesses to open “as of right,” or without first seeking special permission. This text amendment acknowledges the need for health and fitness facilities by removing unnecessary barriers for these small businesses.

 

Open Restaurants

 

New York City’s Open Restaurants program, which has more than 11,000 participants across the five boroughs, has re-energized the city streetscape and saved an estimated 100,000 jobs. The City will secure the future of outdoor dining by reviewing and removing zoning limitations that may hinder efforts to make the program permanent.

 

U.S. Postal Worker And Four Others Arrested For Shipping Heroin And Fentanyl Through The Mail

 

 Audrey Strauss, the United States Attorney for the Southern District of New York, Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations (“HSI”) in New York, Matthew Modafferi, Special Agent in Charge of the Northeast Area Field Office of the U.S. Postal Service, Officer of Inspector General (“USPS-OIG”), and Philip R. Bartlett, Inspector-in-Charge of the New York Office of the U.S. Postal Inspection Service (“USPIS”), announced the unsealing of an indictment today charging LUIS GAMEZ, HUGO RICHARD VILLANUEVA TORRES, DANIEL ORTIZ, JOSE LUIS MARTINEZ ROSARIO and JAYSON COLON with participating in a conspiracy to distribute heroin and fentanyl in connection with a scheme to transport those narcotics through the U.S. mail.  GAMEZ was arrested on Sunday evening in California and was presented yesterday before a federal magistrate judge in the Central District of California.  VILLANUEVA, ORTIZ, MARTINEZ, and COLON were arrested yesterday in New Jersey and were presented before U.S. Magistrate Judge Barbara C. Moses that same day.   The case is assigned to United States District Judge Paul A. Engelmayer.

Manhattan U.S. Attorney Audrey Strauss said:  “As alleged, the defendants are charged with trafficking large quantities of fentanyl and heroin.  We thank our partners at HSI and USPS-OIG for their outstanding work in stopping the shipment of narcotics through the U.S. mail.”

HSI Special Agent in Charge Peter C. Fitzhugh said: “These defendants allegedly operated a cross-country drug distribution network which placed profits above all else, including the safety of our communities. During this week's operation, we arrested 5 members of this drug trafficking organization.  More importantly, we seized over 6 kilograms of fentanyl and heroin, which contain numerous fatal doses of these dangerous drugs.  Working with our law enforcement partners at the U.S. Postal Inspection Service, the U.S. Postal OIG and the United States Attorney’s Office, SDNY, HSI will continue to protect the public from those who would exploit our communities for their own financial and personal gain.”

USPS-OIG Special Agent in Charge Matthew Modafferi said: “The Special Agents of the U.S. Postal Service Office of Inspector General are dedicated to maintaining the integrity of the Postal Service and its personnel. When a Postal Service employee allegedly decides to break the public’s trust and participates in a scheme to transport illegal narcotics through the U.S. Mail, USPS OIG Special Agents will tirelessly work to bring those responsible to justice.  The USPS OIG is thankful for the great relationships we have developed with our law enforcement partners and with the U.S. Attorney’s Office to combat the shipment of illegal narcotics through the U.S. Mail.”

USPIS Inspector-in-Charge Philip R. Bartlett said:  “Using the U.S. Mail to facilitate the transportation of deadly fentanyl was one of many mistakes allegedly made by these subjects. Postal Inspectors and their law enforcement partners will arrest and bring to justice anyone who breaks the sanctity of the trust placed in the U.S. Mail, no matter where they are found.”

As alleged in the Indictment unsealed yesterday in Manhattan federal court and in other court papers and proceedings[1]:

From at least in or about May 2020 up to and including in or about February 2021, LUIS GAMEZ, HUGO RICHARD VILLANUEVA TORRES, DANIEL ORTIZ, JOSE LUIS MARTINEZ ROSARIO, and JAYSON COLON participated in a conspiracy to distribute kilograms of fentanyl and heroin.  The conspirators transported kilogram-quantities of fentanyl and heroin, as well as narcotics proceeds, in packages shipped through the United States mail with the assistance of ORTIZ, an employee of the U.S. Postal Service.

GAMEZ, 30, of Riverside, California, VILLANUEVA, 29, of Belleville, New Jersey, ORTIZ, 41, of Harrison, New Jersey, MARTINEZ, 44, of Harrison, New Jersey, and COLON, 42, of Kearny, New Jersey, are each charged with one count of conspiracy to distribute 400 grams or more of fentanyl and one kilogram or more of heroin.  That charge carries a mandatory minimum sentence of ten years in prison and a maximum sentence of life in prison.

Ms. Strauss praised the outstanding investigative work of HSI-New York, USPS-OIG, and the United States Postal Inspection Service, and thanked HSI-Newark and HSI-Riverside for their assistance.

This case is being handled by the Office’s Narcotics Unit.  Assistant United States Attorneys Kedar Bhatia and Andrew A. Rohrbach are in charge of the prosecution.

[1] As the introductory phrase signifies, the entirety of the text of the Indictment, and the description set forth herein, constitute only allegations, and every fact described should be treated as an allegation.

COURT GRANTS MOTION BY BRONX DA DARCEL D. CLARK TO DISMISS OVER 800 LOITERING FOR PROSTITUTION CASES

 

Includes Pending Cases and Disposed Cases in Which Bench Warrant Was Ordered; Some Cases Date Back To 1970s and 1980s 

 Bronx District Attorney Darcel D. Clark announced that the Supervising Judge of Bronx Criminal Court, George A. Grasso, today granted her Office’s motion to dismiss more than 800 cases that involved the charge of Loitering for Prostitution. 

 District Attorney Clark said, “For some time, my Office has declined to prosecute the charge Loitering for the Intent of Prostitution, which disproportionately targets women, LGBTQ people and at-risk youth. There hadn’t been an arrest for this offense in the Bronx since 2018. I supported the repeal of the penal law 240.37, and it was officially repealed by the state legislature last month.

 “The dismissal of warrants and cases related to this charge is the right thing to do. Warrants create obstacles when people apply for housing, jobs or other resources. With today’s action, hundreds will be able to move forward without collateral consequence. This is part of my overall effort to focus resources on prosecuting sex traffickers and provide assistance for those victimized by the sex trade.”

 Supervising Judge Grasso said, “Today’s action in Bronx Criminal Court clearly and swiftly effectuates the letter and the intent of the New York State Legislature’s repeal of Penal Law Section 240.37. Individuals who had current matters pending in our Court where the sole charge was the alleged violation of this repealed law are now able to move on with their lives. This is another example of the ability of the Criminal Court to effectuate justice notwithstanding the ongoing pandemic.”

 Any open cases with the sole charge of penal law 240.37 have been dismissed. The dismissal also applies to cases in which a defendant pleaded guilty but failed to comply with a fine or other condition that was ordered by the court.

 The motions include 278 pending cases and 544 disposed cases in which a warrant was ordered—for a total of 822 cases. Out of the 278 pending cases, 251 had open warrants. Some cases date back to the 1970s and 1980s.

 The application for dismissal was filed in a virtual appearance before Judge Grasso. He vacated open warrants and withdrew the plea of guilty in order to dismiss and seal each case. The order was stayed 90 days, to provide adequate time for the court to properly reflect this order in its records and communicate the same to the New York State Department of Criminal Justice Services. Defendants should see changes reflected in their records over the next 90 days.

Statement from New York City Comptroller Scott M. Stringer on Taxi Debt Relief Proposal

 

 “The taxi medallion crisis is a test of our commitment to fighting poverty and preserving pathways to the American Dream. Predatory lenders took drivers for a ride and left families in a wreckage of financial distress and despair, and the pandemic only pushed New Yorkers who were already struggling closer to the brink.

“We have a moral obligation to these drivers and a fiscal obligation to solve this crisis. I have repeatedly urged the City to implement the effective, reasonable, and fiscally sound New York Taxi Workers Alliance proposal.

“But the Mayor’s proposal is a disgrace and fails to deliver the significant relief drivers deserve. There is no excuse not to address the crisis with a real solution. We have the means — we just need the will to meaningfully act.

“It’s within our power to solve this problem. We don’t have to throw up our hands and look away from the despair and desperation. We must meet our responsibility — and the moment — and immediately implement the New York Taxi Workers Alliance proposal.”

LAWMAKERS PRESS CUOMO TO RELEASE ALL EVIDENCE ON BOOK CONTRACT DEAL IN WAKE OF NEW REVELATIONS ON NURSING HOME SCANDAL

 

  Today, Assembly member Ron Kim and other lawmakers called on the Cuomo administration to turn over all documents and correspondence pertaining to his 2020 book American Crisis: Leadership Lessons From the COVID-19, published by Crown Publishing House. 

They cited the mounting connections between the administration’s alteration of nursing home data and the announcement of his book, and the suspicious timing of the two events. The Assembly made clear that any and all communication between the Cuomo administration and his book publisher was now of vital public interest and must be released.

As major news media outlets have reported, the administration actively worked to suppress data on thousands of nursing home deaths in the report issued by New York State Department of Health on July 6, 2020. The announcement of his aforementioned book came just one month later, on August 18, 2020.

https://www.nytimes.com/2021/03/04/nyregion/cuomo-nursing-home-deaths.html

In a letter to the Cuomo administration, the state representatives also cite the Public Officers Law, which explicitly prohibits the solicitation of gifts, or otherwise opportunities for personal financial gain, at the expense of influencing or obstructing government operations against the general welfare of the people of this state. In urging the governor to turn over all requested documents, they emphasized the need for complete and full transparency to ensure his administration complied with this statute.

A copy of the letter can be viewed here.

https://www.vanityfair.com/news/2021/03/andrew-cuomo-pandemic-memoir-fetched-seven-figure-advance

The Assemblymember and his colleagues also noted the striking parallel between the current case and the long-standing controversy over former President Trump’s tax returns. Numerous nationally elected officials have made it clear that obtaining the latter documents are essential to understanding the former president’s decisions as commander-in-chief. In the same vein, any hidden communication involving Governor Cuomo and his administration regarding his book publishing deal will be crucial for understanding his decision to hide life-and-death nursing home data.

Assemblyman Ron Kim said, “The book contract and payout structure is critical to fully understanding the governor’s motivation in deflating nursing home data. We now know that the timeline and facts leading up to the book deal announcement coincide with the administration ordering health officials to commit fraud.  By altering the data, the governor could claim a successful response to COVID-19 and ensure, through greater books sales, concrete financial and political gain.  It is incumbent on the administration to make public the terms of his book deal so that New Yorkers can eliminate the worst possible interpretation for his alteration of nursing home data.”

MAYOR DE BLASIO ANNOUNCES VACCINE FOR ALL CORPS

  

Hiring is now live at Nyc.gov/vaccinejobs

 Mayor de Blasio today announced the Vaccine for All Corps, a civilian corps for workers to join the City's vaccination effort. Through the Corps, the City will recruit 2,000 New Yorkers to serve their communities, with a priority focus on residents in the 33 Task Force for Racial Inclusion and Equity neighborhoods. 

 

"Attention all New Yorkers: the Vaccine for All Corps is hiring,” said Mayor Bill de Blasio. “We are giving New Yorkers the opportunity to help their neighbors get vaccinated and rebuild our communities together, one vaccination at a time.”

 

Public recruitment is currently underway for jobs in Staten Island, the Rockaways and The Bronx. The City is focused on recruiting from communities in partnership with City agencies and community partners. The Corps is currently hiring for clinical roles, including vaccinators, as well as support and administrative roles. Training for new hires will be handled by the Department of Health and Mental Hygiene.

 

Interested jobseekers should visit nyc.gov/vaccinejobs. Recruitment for Vaccine for All Corps jobs is led by the Workforce1 Career Center System operated by the NYC Department of Small Business Services (SBS)

 

“Since the arrival of the vaccine in NYC, our vaccination hubs have become a key component of the City’s vaccine infrastructure – accessible, trusted, effective and located in communities and sites that are familiar to neighborhood residents,” said Deputy to Mayor for Health and Human Services Melanie Hartzog. “To date, thanks to New Yorkers’ incredible volunteer spirit, we’re proud to have vaccinated thousands of individuals at these vital sites. Now our Vaccine for All Corps will build on this important progress, bringing more staff and vaccinators online, including hiring directly from communities, ensuring these key sites and resources continue to be available to New Yorkers for the long-haul as we anticipate increased supply citywide.”

 

“Our COVID response is by, for and with the community,” said Health Commissioner Dr. Dave A. Chokshi. “New Yorkers are the true champions of the response and we’ll continue to rely on them to fuel the vaccination of hundreds of thousands of their fellow residents at our hubs.” 

 

 

Governor Cuomo Announces New Yorkers 60 Years of Age and Older and Additional Public Facing Essential Workers Will Be Eligible to Receive COVID-19 Vaccine

 

New Yorkers 60 Years of Age and Older Can Be Vaccinated Beginning March 10

Government Employees, Nonprofit Workers, and Essential Building Service Workers Are Eligible for COVID-19 Vaccine Beginning March 17

Vaccine Distribution Eligibility Expanded; All Providers Except Pharmacies Can Now Vaccinate Any Eligible New Yorker Starting March 17; Pharmacies Can Vaccinate 60-plus and Teachers Per Federal Guidance Starting March 10

New Yorkers Can Make Appointments at State-Run Vaccination Sites by Utilizing New York's 'Am I Eligible' Tool or Calling 1-833-NYS-4-VAX

 Governor Andrew M. Cuomo today announced a new expansion of COVID-19 vaccine eligibility in New York. Beginning March 10, all New Yorkers 60 years of age and older will be eligible to receive the vaccine, while public facing essential workers from governmental and nonprofit entities will be eligible beginning March 17. This expansion also includes public-facing essential building services workers.

Additionally, the Governor announced that with increased supply of the vaccine, restrictions concerning which segments of the eligible population specific providers can vaccinate will be relaxed to align with the expanded eligibility on March 17. Previously, certain types of providers were directed to focus their vaccination efforts on specific populations to ensure equitable vaccine distribution. For example, hospitals vaccinated health care workers, local health departments vaccinated essential workers and pharmacies vaccinated New Yorkers 65 years of age and older. Now, providers will be able to vaccinate any eligible New Yorker, with the exception of pharmacies, which will focus on individuals over the age of 60 and teachers, in line with federal policy. Pharmacies may begin vaccinating individuals over the age of 60 and teachers on March 10. As part of this effort, providers are being encouraged to vaccinate those New Yorkers most at risk, such as individuals 60 years of age and older and people with comorbidities and underlying health conditions. 

"New York is marching forward expanding access to the COVID-19 vaccine, addressing underserved communities and getting shots in arms as we turn the tide in the fight against this virus," Governor Cuomo said. "Supply is steadily increasing and we're opening new vaccination sites and expanding eligibility to match it. New Yorkers over 60 years old and those who serve their fellow New Yorkers in the public sector are more vulnerable to COVID-19, and we're addressing that vulnerability by providing access to the vaccine. The fight against the COVID beast continues on all fronts, and we're pushing the infection rate down while getting our vaccinations up." 

Under this new expansion of eligibility, the following essential workers will now be eligible to begin receiving the COVID-19 vaccine on March 17:

• Public-facing government and public employees
• Not-for-profit workers who provide public-facing services to New Yorkers in need
• Essential in-person public-facing building service workers

This includes workers such as public works employees, social service and child service caseworkers, government inspectors, sanitation workers, DMV workers, County Clerks, building service workers and election workers - the everyday heroes who have been showing up day in and day out throughout this pandemic. 

New York's vast distribution network and large population of eligible individuals still far exceed the supply coming from the federal government. Due to this limited supply, New Yorkers are encouraged to remain patient and are advised not to show up at vaccination sites without an appointment.    

Eligible New Yorkers will be able to schedule appointments at state vaccination sites by utilizing New York's 'Am I Eligible' website or by calling the state's COVID-19 Vaccination Hotline at 1-833-NYS-4-VAX (1-833-697-4829).

New York is maintaining and expanding a vast vaccine distribution network. On March 8, Governor Cuomo announced that as the federal vaccine supply continues to increase, New York will establish 10 additional state-run mass vaccination sites in the New York City, Long Island, Hudson Valley, Capital, Southern Tier, Mohawk Valley and Western New York regions to further grow New York's vast distribution network. The sites remain in development and are expected to launch in the coming weeks. Final details, including appointment scheduling information and hours of operation will be released in the coming days.  

Not only has New York already established 13 other state-run mass vaccination sites, but in order to meet the Governor's mandate to ensure the fair and equitable distribution of the vaccine, numerous other sites have been established to ensure those New Yorkers living in underserved communities have direct access to the vaccine. This includes six joint state-FEMA community-based vaccination sites, the Yankee Stadium mass vaccination site, and more than 120 community-based pop-up sites in public housing developments, churches and community centers.