Friday, February 3, 2023

North Carolina Man Pleads Guilty to Felony Charge for Actions During Jan. 6 Capitol Breach

 

Defendant Used Metal Pole in Confrontation With an Officer

A North Carolina man pleaded guilty to a felony charge of assaulting police for his actions during the breach of the U.S. Capitol on Jan. 6, 2021. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

Grayson Sherrill, 23, of Cherryville, North Carolina, pleaded guilty in the District of Columbia to assaulting, resisting, or impeding law enforcement officers on Jan. 6, 2021. A sentencing hearing is scheduled for May 1, 2021.

According to court documents, in preparation for his travel to the “Stop the Steal” rally, Sherrill purchased a Faraday bag in an attempt to prevent the government from tracking his location. On Jan. 6, 2021, before the rally ended, Sherrill and his co-defendants walked toward the U.S. Capitol Building. As he approached the Capitol, Sherrill saw downed metal barricades and broken fencing around the Capitol building. Sherrill and his co-defendants made it to the West front of the Capitol, where Sherrill observed other rioters climbing scaffolding, scaling walls, and fighting with the police, including spraying chemical irritants and throwing objects at police officers. Sherrill witnessed police officers retreating from the rioters.

Sherrill and a co-defendant each picked up a metal pole that had been broken off from a metal bicycle barricade. They carried the metal poles with them throughout the remainder of their time on restricted grounds and inside the Capitol building. While standing in the crowd of rioters, a platoon of officers from the Metropolitan Police Department (MPD) Civil Disturbance Unit (CDU), attempted to make their way through the crowd of rioters to the front of the crowd to protect the Capitol building. A mob of rioters initiated violent confrontations with those officers. While other rioters pushed, struck, and wrestled with MPD Officers, including MPD Officer D.H., Sherrill stepped toward Officer D.H. and swung at the officer with the metal pole. The officer attempted to catch his footing and adjusted his equipment after the contact with the rioters. While still carrying the metal pole, Sherrill entered the Capitol Building through the Senate Wing door eight minutes after the initial breach of the doors. He walked throughout the building, including in the Crypt and Rotunda. Sherrill and his co-defendants climbed on statues in the Rotunda while taking photographs of one another using their cellphones. Sherrill exited 34 minutes after his entry.

After January 6, 2021, Sherrill deleted videos from his cell phone that he took while at the Capitol on January 6, 2021.

Sherrill was arrested on March 1, 2021, in North Carolina. He faces a statutory maximum of eight years in prison for assaulting law enforcement officers, as well as potential financial penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

This case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the Eastern District of New York.

The case is being investigated by the FBI’s Washington Field Office, which identified Sherrill as #xxx in its seeking information photos.  Valuable assistance was provided by the FBI’s Charlotte Field Office, the Metropolitan Police Department, and the U.S. Capitol Police.

In the 24 months since Jan. 6, 2021, more than 950 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including over 284 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing. 

Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

DEC AND WESTCHESTER LAND TRUST ANNOUNCE ACQUISITION TO HELP PROTECT NORTH CASTLE PUBLIC WELLS AND CROTON RESERVOIR SYSTEM

 

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State Water Quality Improvement Project Program Funds Projects to Help Protect Drinking Water for Millions of People

The New York State Department of Environmental Conservation (DEC) and Westchester Land Trust (WLT) today announced the acquisition of a total of approximately 68 acres of land to protect the drinking water sources of the town of North Castle and New York City’s New Croton Reservoir system. The funding for these projects came from DEC’s Water Quality Improvement Project (WQIP) Program which awarded WLT with more $1.5 million to acquire lands for source water protection. The projects will protect the two drinking water sources in perpetuity. 

“New York’s Water Quality Improvement Project grants support one of the State’s top priorities - protecting drinking water sources,” DEC Commissioner Basil Seggos said. “DEC thanks Westchester Land Trust for their valuable partnership on projects that help prevent runoff and other water quality concerns by acquiring land within this watershed and protecting the drinking water for millions of New Yorkers at its source and for the long term.”

“Protecting these areas was a top priority for Westchester Land Trust and our partners because we all need clean drinking water,” said Kara Hartigan Whelan, president of WLT. “We’re grateful to the many partners, including the DEC, town of North Castle, and Teatown Lake Reservation, that worked collaboratively to ensure these lands will forever remain free from development and serve as important buffers to our water systems.”

Two parcels were acquired by WLT. The Shadow Lake WQIP parcel is just under five acres of forested land in the town of Yorktown. Adjacent to Shadow Lake, the parcel was the last unprotected and developable property around the lake. Preservation of the parcel will buffer one of New York City’s public drinking water sources, New Croton Reservoir, from impacts of additional development in the future. Acquisition of this property was made possible not only by the WQIP award, but the partnership WLT has with Teatown Lake Reservation. The property was transferred to Teatown, which will manage the property with the principal purpose of drinking water source protection. 

The second project consists of two parcels of land totaling 63 acres in the town of North Castle. The parcels include a pond, wetlands, and steep slopes overlaying a large sand and gravel aquifer which supplies public drinking water wells. The properties were identified as priorities for preservation by the North Castle Open Space Study Committee. The land will be open to the public for passive recreational hiking and nature study once a trail is established. WLT partnered with the town of North Castle to complete the acquisition, with the town now owning and managing the property as a nature preserve while protecting the underlying groundwater source for generations to come. WLT holds a perpetual conservation easement over the property.

The 68 acres acquired will remain undeveloped, allowing for their natural features to protect the drinking water supplies from potential contaminants and stormwater runoff.

New York’s Commitment to Clean Water

WQIP is a competitive, reimbursement grant program that funds projects that directly improve water quality or aquatic habitat, or protect a drinking water source. Under this grant program, DEC announced more than $60 million for 47 land acquisition projects to date. In addition to land acquisition projects for source water protection, WQIP grants are awarded for wastewater treatment improvement, non-agricultural nonpoint source abatement and control, salt storage, aquatic connectivity restoration, and marine district habitat restoration. Visit the WQIP website for more information.

New York continues to increase investments in clean water infrastructure projects. Most recently, in the 2023 State of the State and 2023-24 Executive Budget, Governor Hochul committed to invest $500 million in clean water funding, bringing New York's total clean water infrastructure investment to $5 billion since 2017. To leverage these investments and ensure ongoing coordination with local governments, Community Assistance Teams will provide proactive outreach to small, rural, and disadvantaged communities to help them access financial assistance to address their clean water infrastructure needs. In addition, with voter approval of the $4.2 billion Clean Water, Clean Air, and Green Jobs Environmental Bond Act in November, historic levels of funding will be provided to update aging water infrastructure and protect water quality, as well as strengthen communities' ability to withstand severe storms and flooding; reduce air pollution and lower climate-altering emissions; restore habitats; preserve outdoor spaces and local farms; and ensure equity by investing at least 35 percent, with a goal of 40 percent, of resources in disadvantaged communities. 

Additional Targeted Efforts to Protect Drinking Water Sources

DEC and the State Department of Health, in collaboration with the Departments of Agriculture and Markets and State, created the Drinking Water Source Protection Program (DWSP2) to assist municipalities with proactively protecting their drinking water sources. The State is seeking communities to work with a technical assistance (TA) provider, free of charge, to develop and initiate implementation of their drinking water source protection program. DWSP2 plans not only protect public health but also protect water quality of both surface and groundwater across the state. To apply, visit the Drinking Water Source Protection Program (DWSP2) website and complete an online application. If you have any questions, reach out to the DWSP2 Team at source.water@dec.ny.gov.

About Westchester Land Trust

Westchester Land Trust works with public and private partners to preserve land in perpetuity and to enhance the natural resources in Westchester and eastern Putnam counties—a densely populated region under persistent threat from the pressures of development. Founded in 1988, WLT has preserved 9,000 acres of open space. More than 1,000 acres of land are owned by the organization which are free and open to the public year-round. WLT was one of the first land trusts in the nation to receive accreditation through the Land Trust Accreditation Commission. For more information visit www.westchesterlandtrust.org.

OASAS ANNOUNCES THE AVAILABILITY OF LIFESAVING RESOURCES TO ADDRESS THE STATE’S OPIOID CRISIS

 

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Overdose Reversal Medication and Education, and Fentanyl Test Strips Now Available Through the Agency Website

The New York State Office of Addiction Services and Supports (OASAS) today announced new distribution plans for overdose reversal medication naloxone (known as Narcan) and fentanyl test strips. OASAS has just introduced a new easy-to-use ordering mechanisms for all OASAS and Office of Mental Health (OMH) service providers. 

OASAS Commissioner Dr. Chinazo Cunningham said, Expanding access to harm reduction services is a top priority for OASAS.  By making these resources available, we are helping to ensure that we are reducing potential harms of substance use, and most importantly saving more lives.”

Working with manufacturer Emergent, OASAS is making Narcan Nasal Spray available to all OASAS and OMH providers through a new direct ordering system on the OASAS website. This will allow providers to access critical overdose reversal medication so that it can be offered to patients, prospective patients, and/or their significant other(s).

In addition, OASAS has partnered with NY MATTERS to ensure OASAS and OMH providers have a supply of fentanyl test strips in all of their programs and facilities. Potent fentanyl is increasingly being mixed with a wide range of other substances and is a leading cause for the continued high rates of fatal overdoses. Since it is common for an individual to be unaware of the presence of fentanyl in a substance they are taking, access to testing materials is critically important. 

These efforts are currently being supported by federal grant dollars, upon exhaustion of this funding source, this program will continue through allocation of Opioid Settlement Funds. To access ordering information, providers should visit the OASAS harm reduction webpage

OMH Commissioner Dr. Ann Sullivan said, “Increasing the availability of Narcan and fentanyl test strips will save lives. I urge all OMH licensed providers to take advantage of these resources and ensure that our clients , and those who support them, have access to these resources and know how to use them when needed. Working together with our partners at OASAS, Emergent and NY Matters we will help avoid needless tragedies.”

OASAS oversees one of the nation's largest substance use disorder systems of care with approximately 1,700 prevention, treatment, harm reduction and recovery programs serving over 731,000 individuals per year.

New Yorkers struggling with an addiction, or whose loved ones are struggling, can find help and hope by calling the state’s toll-free, 24-hour, 7-day-a-week HOPEline at 1-877-8-HOPENY (1-877-846-7369) or by texting HOPENY (Short Code 467369). 

Available addiction treatment including crisis/detox, inpatient, residential, or outpatient care can be found using the NYS OASAS Treatment Availability Dashboard at FindAddictionTreatment.ny.gov or through the NYS OASAS website

If you, or a loved one, have experienced insurance obstacles related to treatment or need help filing an appeal for a denied claim, contact the CHAMP helpline by phone at 888-614-5400 or email at ombuds@oasas.ny.gov.

New York City Man And Alabama Woman Sentenced To 11 And Nine Years In Prison For Attempting To Provide Material Support To ISIS

 

 Damian Williams, the United States Attorney for the Southern District of New York, announced that JAMES BRADLEY, a/k/a “Abdullah,” and ARWA MUTHANA were sentenced to 11 and nine years in prison, respectively, for attempting to provide material support to a designated foreign terrorist organization, the Islamic State of Iraq and al-Sham (“ISIS”).  BRADLEY pled guilty on September 9, 2022, and MUTHANA pled guilty on September 12, 2022, before United States District Judge Paul A. Engelmayer in Manhattan federal court.  Judge Engelmayer sentenced BRADLEY on February 2, 2023, and sentenced MUTHANA earlier today.

U.S. Attorney Damian Williams said: “James Bradley and Arwa Muthana were determined to travel to the Middle East to fight in the name of hate and terror.  Even worse, if they failed in making it to the Middle East, Bradley was prepared to carry out an attack on American soil.  I commend the FBI New York Joint Terrorism Task Force for investigating and arresting these two individuals before they had the opportunity to wage violence on behalf of a brutal terrorist organization.  Bradley and Muthana’s sentences reemphasize this Office’s determination to thwart those who wish to cause suffering and create destruction through terror.”

According to the Complaint, Indictment, and other public documents in the case, as well as statements made during court proceedings:[1]

BRADLEY and MUTHANA are ISIS supporters who attempted to travel to the Middle East to join and fight for ISIS.  BRADLEY expressed violent extremist views since at least 2019, including his desire to support ISIS by traveling overseas to join the group or committing a terrorist attack in the United States.  In May 2020, BRADLEY stated to an undercover law enforcement officer (“UC-1”) that he believed that ISIS may be good for Muslims because ISIS was establishing a caliphate.  BRADLEY further expressed his desire to conduct a terrorist attack in the United States and discussed potentially attacking the United States Military Academy in West Point, New York.  BRADLEY explained that if he could not leave the United States, he would do “something” in the United States instead, referring to carrying out an attack.

In June 2020, BRADLEY reaffirmed his interest to UC-1 in attacking a military base and that doing so would be his contribution to the cause of jihad.  In January 2021, BRADLEY mentioned to UC-1 another university in New York State where he frequently saw Reserve Officer Training Corps (“ROTC”) cadets training.  BRADLEY stated that he could use his truck in an attack and that he, along with MUTHANA, could take all of the ROTC cadets “out.”

In late January 2021, BRADLEY married MUTHANA in an Islamic marriage ceremony.  Beginning before and continuing after their marriage, BRADLEY and MUTHANA discussed, planned, and ultimately attempted to travel to the Middle East together in order to join and fight with ISIS.  In or about early March 2021, BRADLEY traveled from New York to Alabama to visit MUTHANA, and BRADLEY and MUTHANA traveled back to New York together in order to travel from New York to join ISIS in the Middle East.  Thereafter, BRADLEY raised the possibility of UC-1 helping BRADLEY and MUTHANA get on a cargo ship to travel to the Middle East or Africa for the purpose of ultimately joining and fighting for ISIS.  UC-1 subsequently put BRADLEY in contact with a purported associate who could assist BRADLEY in making arrangements for BRADLEY and MUTHANA to travel to the Middle East via cargo ship.  In reality, the purported facilitator was a law enforcement officer acting in an undercover capacity (“UC-2”).

Later in March 2021, BRADLEY met with UC-2 and expressed his desire to travel via cargo ship and to “fight among the rank[s] of the Islamic State.”  BRADLEY subsequently provided UC-2 $1,000 in cash as travel costs for BRADLEY and MUTHANA to take a cargo ship to Yemen. BRADLEY told UC-2 that he and MUTHANA both planned to be “fighting” after arriving in the Middle East.  BRADLEY also told UC-2 that he had a dream that he had given “bay’ah,” an Arabic term meaning the oath of allegiance, to Abu Ibrahim al-Hashimi al-Qurashi, the former leader of ISIS.

On March 25, 2021, UC-2 told BRADLEY that the cargo ship would be leaving on March 31 from a seaport in Newark, New Jersey.  BRADLEY praised Allah and confirmed he and MUTHANA planned to travel on the ship.  On March 31, 2021, BRADLEY and MUTHANA met with UC-2 en route to the seaport.  During this meeting, MUTHANA confirmed to UC-2 that she was traveling to the Middle East to fight for ISIS.  BRADLEY and MUTHANA were arrested as they walked on a gangplank to board the cargo ship.  After MUTHANA was arrested, she waived her Miranda rights and stated during an interview that she was willing to fight and kill Americans if it was for Allah.  Also on March 31, 2021, in connection with court-authorized searches, the Federal Bureau of Investigation (“FBI”) seized from a bedroom previously used by BRADLEY a hand-drawn image of a jihadi flag commonly used by ISIS and a hand-drawn map of the Pakistan region, and the FBI also recovered a machete from a truck used by BRADLEY.

In the months and years prior to their arrests, BRADLEY and MUTHANA also accessed, posted, and distributed extremist online content, including materials indicative of their support for ISIS.  Such material included BRADLEY’s postings of images of ISIS fighters, Usama Bin Laden, and terrorist attacks, and his distribution to UC-1 of videos of ISIS fighters, a 2020 stabbing attack against a New York City Police Department (“NYPD”) officer, and extremists shooting a uniformed soldier.  Content on MUTHANA’s cellphone, which was searched pursuant to a court-authorized search warrant, included images of an ISIS flag with Arabic writing, ISIS propaganda, firearms, quotations of the deceased extremist preacher and former al Qaeda in the Arabian Peninsula member Anwar al-Awlaki, including, for example, a copy of the cover of a book authored by al-Awlaki, titled “44 Ways to Support Jihad,” and a video showing an individual in prisoner garb being chained and then burned alive.

In addition to the prison term, BRADLEY, 21, of the Bronx, New York, and MUTHANA, 30, of Hoover, Alabama, were each sentenced to 10 years of supervised release.

Mr. Williams praised the outstanding efforts of the FBI New York Joint Terrorism Task Force, which consists of investigators and analysts from the FBI, the NYPD, and over 50 other federal, state, and local agencies.  Mr. Williams also thanked the Counterterrorism Section of the Department of Justice’s National Security Division.

[1] Communications, conversations, and statements discussed and quoted herein are described in substance and in part.

Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 -FEBRUARY 3, 2023

 

Clinical specimen testing for Novel Coronavirus (COVID-19) at Wadsworth Laboratory

Governor Encourages New Yorkers to Keep Using the Tools to Protect Against and Treat COVID-19: Vaccines, Boosters, Testing and Treatment

25 Statewide Deaths Reported on February 2


 Governor Kathy Hochul today updated New Yorkers on the state's progress combating COVID-19 and outlined basic steps they can take to protect against the spread of viral respiratory infections that become more common in the winter season.

"I urge all New Yorkers to remain vigilant and continue to use all available tools to keep themselves, their loved ones and their communities safe and healthy," Governor Hochul said. "Be sure to stay up to date on vaccine doses, and test before gatherings or travel. If you test positive, talk to your doctor about potential treatment options."

Governor Hochul is urging New Yorkers to take common prevention measures — like staying up to date on vaccines and practicing proper hygiene — to protect from the flu and COVID-19 and reduce the patient burden on local hospitals. The Governor reiterated these basic steps when she updated New Yorkers on the state's winter health preparedness efforts last month.

The New York State Department of Health's weekly flu surveillance report for the week ending January 28, shows influenza remaining widespread throughout the state for a seventeenth consecutive week, with a total of 308,279 positive cases across 57 counties reported to date. The report found that confirmed cases statewide dropped 34 percent to 2,937 for the week, while overall hospitalizations were down 35 percent from the previous week, at 304 hospitalizations across the state.

Additionally, there were 6 outbreaks in acute care and long-term care facilities, the report determined. There was one influenza-associated pediatric death reported this week, bringing the total to nine statewide.

With flu season continuing and infections remaining widespread, Governor Hochul encourages all New Yorkers to get their annual flu vaccine. The flu virus and the virus that causes COVID-19 are both circulating, so getting vaccinated against both is the best way to stay healthy and to avoid added stress to the health care system.

The Health Department is continuing its annual public education campaign, reminding adults and parents to get both flu and COVID-19 shots for themselves and children 6 months and older. For information about flu vaccine clinics, contact the local health department or visit vaccines.gov/find-vaccines/.

Governor Hochul also continues to urge New Yorkers to get their bivalent COVID-19 vaccine boosters. Last month, the New York State Department of Health announced new guidance for bivalent COVID-19 booster doses, which are now available for eligible children down to 6 months of age.

The updated boosters are the first to be targeted to the original virus strain and recently circulating variants and are recommended for young New Yorkers and all those eligible. To schedule an appointment for a booster, New Yorkers should contact their local pharmacy, county health department, or healthcare provider; visit vaccines.gov; text their ZIP code to 438829, or call 1-800-232-0233 to find nearby locations.

Today's data is summarized briefly below:

  • Cases Per 100k - 16.41
  • 7-Day Average Cases Per 100k - 14.57
  • Test Results Reported - 48,960
  • Total Positive - 3,206
  • Percent Positive - 6.33%**
  • 7-Day Average Percent Positive - 5.55%**
  • Patient Hospitalization - 2,470 (-93)
  • Patients Newly Admitted - 362
  • Patients in ICU - 254 (-16)
  • Patients in ICU with Intubation - 99 (-12)
  • Total Discharges - 396,812 (+414)
  • New deaths reported by healthcare facilities through HERDS - 25
  • Total deaths reported by healthcare facilities through HERDS - 61,406

** Due to the test reporting policy change by the federal Department of Health and Human Services and several other factors, the most reliable metric to measure virus impact on a community is the case per 100,000 data -- not percent positivity.

The Health Electronic Response Data System is a NYS DOH data source that collects confirmed daily death data as reported by hospitals, nursing homes and adult care facilities only.

Important Note: Effective Monday, April 4, the federal Department of Health and Human Services is no longer requiring testing facilities that use COVID-19 rapid antigen tests to report negative results. As a result, New York State's percent positive metric will be computed using only lab-reported PCR results. Positive antigen tests will still be reported to New York State and reporting of new daily cases and cases per 100k will continue to include both PCR and antigen tests. Due to this change and other factors, including changes in testing practices, the most reliable metric to measure virus impact on a community is the case per 100,000 data -- not percent positivity.

  • Total deaths reported to and compiled by the CDC - 78,037

This daily COVID-19 provisional death certificate data reported by NYS DOH and NYC to the CDC includes those who died in any location, including hospitals, nursing homes, adult care facilities, at home, in hospice and other settings.

  • Total vaccine doses administered - 43,707,866
  • Total vaccine doses administered over past 24 hours - 6,670
  • Total vaccine doses administered over past 7 days - 44,349
  • Percent of New Yorkers ages 18 and older with completed vaccine series - 85.4%
  • Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) - 90.6%
  • Percent of New Yorkers ages 18 and older who are up to date - 15.7%
  • Percent of New Yorkers ages 12-17 with completed vaccine series - 74.5%
  • Percent of New Yorkers ages 12-17 with completed vaccine series (CDC) - 76.2%
  • Percent of New Yorkers ages 12-17 who are up to date - 6.1%
  • Percent of New Yorkers ages 5-11 with completed vaccine series - 40.0%
  • Percent of New Yorkers ages 5-11 with completed vaccine series (CDC) - 40.8%
  • Percent of New Yorkers ages 5-11 who are up to date - 3.5%
  • Percent of New Yorkers ages 0-4 with completed vaccine series - 7.5%
  • Percent of New Yorkers ages 0-4 who are up to date - 7.5%
  • Percent of all New Yorkers with completed vaccine series - 76.4%
  • Percent of all New Yorkers with completed vaccine series (CDC) - 80.7%
  • Percent of all New Yorkers who are up to date - 13.6%
Each New York City borough's 7-day average percentage of positive test results reported over the last three days is as follows **:

Borough  

Tuesday,  

January  

31, 2023 

Wed.  

February  

1, 2023 

Thursday,  

February  

2, 2023 

Bronx 

5.68% 

5.65% 

5.58% 

Kings 

3.66% 

3.26% 

3.33% 

New York 

4.71% 

4.63% 

4.57% 

Queens 

5.50% 

5.24% 

5.19% 

Richmond 

5.46% 

5.36% 

5.17%