A.G. Schneiderman Announces Convictions Of Sheep Farmer And Overseers For Unlawful Use Of Hazardous Pesticide – Causing Death Of Bald Eagles And Red-Tailed Hawk

Sheep Farmer William Wentling And Overseers Illegally Dispersed Carbofuran, Which Killed Three Protected Birds

   Attorney General Eric T. Schneiderman today announced the convictions of Tuscarora sheep farmer William Wentling, 67, and his overseers Eli Byler, 41, and Jonathan Byler, 19, for illegally using an acutely hazardous pesticide and causing the deaths of two bald eagles and a red-tailed hawk.  Wentling was convicted today of one count of Endangering Public Health, Safety, or the Environment in the Fourth Degree and two counts of Unlawful Use of a Restricted Use Pesticide, all unclassified misdemeanors. The Bylers were previously convicted of Endangering Public Health, Safety or the Environment in the Fourth Degree.

Wentling appeared before the Honorable Peter C. Broadstreet in Stuben County Court, where he was arraigned on an indictment. Immediately thereafter, he pleaded guilty to the charges above, and was sentenced to a one-year conditional discharge.

“Ensuring the safety of our state’s protected species is critical to New York’s environment,” Attorney General Schneiderman said. “The illegal use of hazardous pesticides not only killed three protected animals – but it also jeopardized the safety of nearby residents. I will continue working to protect our communities and all who inhabit them.”

In prior proceedings in the Town of Tuscarora Court on September 26, 2016, the Bylers pleaded guilty to Endangering Public Health, Safety, or the Environment in the Fourth Degree and were sentenced to a one-year conditional discharge.

“New York State has been a leader in the restoration and recovery of the bald eagle in the United States,” Department of Environmental Conservation (DEC) Commissioner Basil Seggos said. “This crime stands in stark contrast to DEC’s bald eagle efforts over the last several decades and shows blatant disregard for the environment and wildlife. I commend the work of our Environmental Conservation Officers (ECOs) and the Attorney General’s office in bringing this case to fruition.”

Today’s convictions are the result of a joint investigation conducted by the New York State Attorney General’s Office and the New York State Department of Environmental Conservation (“DEC”), in conjunction with the United States Fish and Wildlife Service. Today’s convictions are the result of a joint investigation conducted by the New York State Attorney General’s Office and the New York State Department of Environmental Conservation (“DEC”), in conjunction with the United States Fish and Wildlife Service. In addition to the charges filed by the Attorney General’s Office in this matter, charges were also filed by the United States Attorney’s Office for the Western District of New York. Earlier today, Wentling pleaded guilty in United States District Court, Western District of New York, to violating 16 United States Code 668(a) of the Protection of Bald and Golden Eagles act, a misdemeanor, and was sentenced to two years’ probation and fined $3,500.

According to the felony complaint filed by the Attorney General’s Office and statements made by the prosecutor in court, Wentling operated a sheep farm located in Tuscarora, New York, at which the Bylers were the overseers.  In the late winter and spring of 2015, the Wentling farm had been having problems with hawks killing lambs on the farm.  Wentling instructed the Bylers to stay on top of the bird problems with the sheep, directing them to a jug marked “poison” with a drawing of a skull and cross bones on it. The Bylers then poured the contents of the jug onto sheep carcasses located on the farm. 

In March 2015, DEC investigators executed a search warrant at Wentling’s farm and recovered the jug.  Laboratory analysis determined that the jug contained carbofuran. Pursuant to New York Codes, Rules and Regulations and the Environmental Conservation Law, carbofuran is an acutely hazardous substance and a restricted use pesticide.  It is illegal to knowingly release a substance acutely hazardous to public health, safety, or the environment and to possess or use any restricted use pesticide without a permit.

According to the Attorney General’s complaint, in March and May of 2015, two dead bald eagles were found on a property adjacent to Wentling’s sheep farm. In addition, in April of 2015, one dead red-tailed hawk was found on Wentling’s sheep farm near a sheep carcass. Laboratory analysis determined that the cause of death for the bald eagles and the hawk was carbofuran poisoning. Also, laboratory analysis of soil under the sheep carcass demonstrated the presence of carbofuran.

Bald eagles and red-tailed hawks are protected by the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act.

Attorney General Schneiderman remains committed to protecting all who reside in New York, including animals. To that end, in May of 2013, he announced his office’s Animal Protection Initiative, which is aimed at shutting down criminal animal fighting rings, ensuring compliance with New York State's Pet Lemon Law, charging those who abuse or neglect animals, and cracking down on the abuses of so-called “puppy mills” in order to protect the welfare of the animals being sold and the consumers. Just last week, he announced the arrests of 43 individuals after the bust of a Herkimer County-based cockfighting ring. The raid resulted in the seizure of over 50 birds, which were then turned over to the local Humane Society.

Attorney General Schneiderman thanks the New York State Department of Environment and Conservation and the United States Fish and Wildlife Service for their valuable work on this investigation.

Comptroller Stringer Audit: Major Breakdowns in DCAS Oversight of Auto Parts ContractComptroller Stringer Audit: Major Breakdowns in DCAS Oversight of Auto Parts Contract

DCAS allows late delivery of parts and leaves the City vulnerable to over-billing

  With tens of thousands of vehicles in use across all New York City government agencies, a new audit from Comptroller Scott M. Stringer found that the Department of Citywide Administrative Services (DCAS) has failed to ensure auto parts are delivered on-time and at the right price, potentially leading to delayed repairs, overpayments and an inefficient use of taxpayer dollars. This new audit of DCAS comes on the heels of a February report showing hundreds of recalled vehicles still in daily use by the Department of Sanitation. These audits highlight the need for the City to improve its contract oversight and management of its vital, heavily used vehicle fleet.

To support and expedite vehicle-repair and maintenance at six City agencies – including the New York City Police Department and the New York City Fire Department – DCAS contracts with the Genuine Parts Company to operate on-site auto parts supply rooms at City agency garages throughout the five boroughs. That five-year contract, executed in January 2013, provides the City with price protections and sets unequivocal deadlines for parts-deliveries, to ensure that the City’s vehicles can be repaired promptly and that taxpayer dollars are used efficiently. However, Comptroller Stringer’s audit found that DCAS never tracked the vendor’s delivery times even though the vendor repeatedly missed contract deadlines.  Auto parts arrived late an extraordinarily high percentage of the time, with no discernible action taken by DCAS to enforce the contract. And there was limited evidence that DCAS made sure that the City got the best possible prices.

“It’s not just the City’s fleet that needs fixing. The bureaucracy needs a tune-up, because there seems to be high levels of indifference here. DCAS has an obligation to make sure the vendor delivers the right parts at the right time, and that it gets the parts we need at the best price.  But our audit shows that DCAS doesn’t even check.  It is simply not doing its job. ” New York

City Comptroller Scott M. Stringer said. “Government employees work day-in and day-out to keep New York running, and to do that they need vehicles that are reliable and well-maintained, and that spend minimal time in the shop. This is about much more than paperwork and contracts — it’s about competently supporting our workforce so they can deliver much needed services to all New Yorkers.”

Auto Parts Were Routinely Delivered Late

Under DCAS’s contract with Genuine Parts Company, the company was obligated to provide most parts to agency personnel within ten minutes of a request. The contract grouped parts into four categories:

• “A-mover” parts — these parts, which are typically ordered by agency employees on a weekly basis, must be delivered within 10 minutes 100 percent of the time;
• “B-mover” parts — which are used biweekly to quarterly, and must be delivered within 10 minutes 90 percent of the time;
• “C-mover” parts — those that are requested quarterly to yearly, and must be delivered within 10 minutes 80 percent of the time; and
• Remaining parts, with the exception of customized parts, which are ordered by agencies less than once a year, and are supposed to be delivered in 24 hours.

The audit, however, uncovered that DCAS failed to track whether parts were delivered on time. When auditors sampled 641 parts ordered by the Department of Sanitation in June 2016, they found that parts among all categories were routinely delivered to agency staff late — increasing the risk that vehicle repairs could be delayed and the City employees who use those vehicles could be left unable to do their jobs.

Specific findings include the following percentages of late deliveries:

• 96 percent of “A-mover” parts — those that are most-commonly ordered;
• 77 percent of “B-mover” parts;
• 62 percent of “C-mover” parts;  and
• Of all the parts ordered, 25 percent took more than an hour to be delivered.

DCAS Needs to Improve Its Price-checking

To ensure that City resources are spent efficiently, the auto part supply contract includes price protections which require the Genuine Parts Company to charge the City no more than the wholesale cost the company pays for an item plus a fixed markup. If the City finds the company’s prices to exceed prior prices it has paid, the City can require the company to seek bids from multiple vendors and purchase parts that provide the best value for the City.

Auditors, however, found only limited evidence that DCAS checked to ensure that Genuine Parts Company was charging no more than the contract allowed or how its prices compared with those of other vendors. When auditors surveyed the five City agencies that procure parts from Genuine Parts Company, the agencies complained that the vendor’s prices were unclear and sometimes higher than those of other vendors. Those responses suggest that the City — and, by extension, taxpayers — may be paying more for parts than necessary.

Previous Audit

In February, Comptroller Stringer’s office found that the Department of Sanitation had kept hundreds of federally-recalled, defective cars in use, putting the safety of sanitation workers, drivers, and the public at risk. Despite federal recall orders from the National Highway Traffic Safety Administration as recently as January 2017 the DSNY was using 509 cars that may have had dangerous flaws. After discovering these hundreds of recalled vehicles with Sanitation alone, Comptroller Stringer called for an immediate top-to-bottom review of the City’s entire fleet of cars to ensure other departments are not utilizing vehicles that have been federally recalled.

Taken together, the two audits show that the City’s overall fleet management system needs an overhaul.

Recommendations to DCAS

The Comptroller’s Office made fourteen recommendations, including that DCAS:

• Require Genuine Parts Company to prepare and  submit reports based on delivery times as it is required to do under the contract;
• Conduct periodic audits of Genuine Parts Company’s wholesale invoices to ensure parts are being billed to agencies at the correct rate; and
• Perform routine price comparisons to make sure the City is getting the best prices for parts ordered.

To view a full copy of the audit report, click here.

BRONX MAN SENTENCED TO 23 YEARS FOR FIRST-DEGREE RAPE OF WOMAN HE OFFERED TO ESCORT TO TRAIN STATION

Defendant Dragged Woman Off Street Into Alleyway; Brutally Attacked Her 

  Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been sentenced to 23 years in prison for first-degree crimes of Rape, Criminal Sexual Act and Sexual Abuse of a woman who had asked him for directions to the train station in Morris Park. 

  District Attorney Clark said, “This horrifying crime shocked the community with its randomness and brutality. A jury convicted the defendant and now he will spend 23 years in prison, which we hope will bring a measure of justice to his courageous victim and assure the community the streets are safer with this predator behind bars.” 

   District Attorney Clark said the defendant, Francisco Delarosa, 30, of 2327 Grand Concourse, was convicted by a jury on June 9, 2017, after a two-week trial before Bronx Supreme Court Justice John Carter of first-degree Rape, first-degree Criminal Sexual Act, first-degree Sexual Abuse, and Petit Larceny. 

  The defendant was sentenced today to 23 years in prison. Upon his release, he will have to register as a sex offender. 

   According to trial testimony, on May 27, 2015, in the Morris Park section of the Bronx, the 32-year-old victim was walking down the street and asked the defendant where the train station was, and the defendant offered to show her. He then dragged her into an abandoned alleyway and raped and sexually abused her.

MAYOR DE BLASIO ANNOUNCES AETNA TO LOCATE CORPORATE HEADQUARTERS, 250 GOOD-PAYING JOBS IN NEW YORK CITY

Aetna and City partner to support public health, create access to quality jobs, and make NYC the global capital for healthcare innovation

  Mayor Bill de Blasio announced that, by the end of 2018, Aetna’s corporate headquarters will be located in New York City. The health company’s move to a new headquarters at 61 9th Avenue in Manhattan will result in 250 good-paying jobs and an estimated $146 million in economic benefit to the City.

This investment builds on three years of efforts led by Mayor de Blasio to create a 21st century healthcare system for all New Yorkers.

“New York City is where talent and technology come together,” said Mayor Bill de Blasio. “We’ve never been stronger, and that’s why companies like Aetna and their employees want to be here. We’re proud to support Aetna’s investment in the city.”

“New York City is a knowledge economy hub, and a driver of the innovations that will play a significant part in our ongoing transformation,” said Aetna Chairman and CEO Mark T. Bertolini.  “Many of the roles in our new office will be filled by innovators from the area’s deep talent pool, which will be an invaluable resource as we consider additional investments in the city.  I look forward to working closely with Mayor de Blasio as we build on our role as a responsible corporate citizen.”

As a large employer, Aetna will make the kinds of investments in healthcare innovations and medical technology that help commercialize new discoveries and support the city’s healthcare startups.

The healthcare and life sciences sectors are a core component of Mayor de Blasio’s New York Works plan, a series of 25 initiatives that will spur 100,000 jobs with good wages over the coming decade, to combat economic inequality and grow the middle class.

Aetna already has an established presence in New York City, including operations in Harlem. As part of the City’s commitment to support the new headquarters, Aetna and the City will work together to develop partnerships that support public health, healthy living, advance digital health innovation and increase access to quality jobs for New Yorkers.

“Attracting a major player in the health care industry like Aetna is a big win for New York City, helping to drive even more innovation and job creation throughout the sector,” said New York City Economic Development Corporation President and CEO James Patchett. “We’re excited to partner with Aetna to improve public health, and to help New Yorkers from all backgrounds access quality jobs as part of our New York Works plan.”

Governor Andrew Cuomo Should Bring Back the Commuter Tax

WHAT YOU SHOULD KNOW 
By Senator Rev. Rubén Díaz 
32nd Senatorial District, Bronx County, New York

You should know that an article titled “City Has to Pay Up If It Wants Better MTA Service, Cuomo Says” written by Ben Fractenberg in the June 23, 2017 edition of DNAInfo begins with the following sentence: “Governor Andrew Cuomo said the city should put its money where its mouth is in funding the MTA to help fix the beleaguered subway system.”

Instead of asking New York City to pay more money into the MTA, wouldn’t it be more responsible for Governor Andrew Cuomo to push for the reinstatement of the Commuter Tax? Shouldn’t our beloved Governor at least pose this as a possibility and open the subject for hearings, studies and political implications?

It is important for you to know that back on May 27, 1999, former New York State Governor George E. Pataki signed a bill into law to repeal the Commuter Tax.

That piece of legislation was rushed through the Senate and Assembly for a vote, with no hearings, no debate and no studies on the tax break for people who commute to New York City, use our police, fire, sanitation, hospital, parks and other municipal services when needed.

The commuter tax used to help defray the cost of municipal services that New York City provides to one and all, and when it was taken away, it was an additional financial burden placed on everyone who lives in the five boroughs of the City to pay for those services.

In other words, people who don’t live in New York City and come here to work and shop, expect for us to host them so they can take advantage of our municipal services, which include our failing subway system.

Now, with all of the problems that the MTA faces, how could Governor Andrew Cuomo say that the citizens of New York City should pay even more money for these services?

Instead, if we reinstate the Commuter Tax, people from Long Island, Westchester, and Upstate New York who come to New York and use our transportation system can help to pull their fair share of the burden.

I urge Governor Cuomo to lead the way, and instead of asking New York City residents to chip in and pay more money, he should really help the City by bringing back the Commuter Tax.

I am Senator Reverend Rubén Díaz, and this is what you should know.

EDITOR'S NOTE:

Current State Senator Reverend Ruben Diaz Sr. is running for the 18th City Council seat whose current occupant is term-limited.

More Statements on Hospital Shooting From Local Elected Officials

STATEMENT FROM STATE SENATOR GUSTAVO RIVERA ON TODAY'S FATAL SHOOTING AT BRONX LEBANON HOSPITAL CENTER 

  "I'm deeply saddened and disturbed by today's fatal shooting at Bronx Lebanon Hospital Center. This senseless tragedy that has left our borough and our City in mourning, did not only take the life of a female doctor but left six others injured, some of them in critical condition. I want to express my condolences to the family and friends of the deceased and wish a swift physical and emotional recovery to those affected by this traumatic event. 

However, in the midst of this horrific tragedy, we are reminded of the many acts of heroism displayed today. I want to express my heartfelt gratitude to all of our first responders including the NYPD, especially police officers from the 44th and 46th Precinct, the FDNY and the EMT, for the courage and professionalism displayed under the most strenuous of circumstances. Further, I want to express my profound appreciation to the doctors, nurses and personnel at Bronx Lebanon for their work in putting their patients out of harm's way. 

It is indeed a very sad day for our City."

Statement from Assembly Member Michael A. Blake on Bronx Lebanon Hospital Shooting

Our thoughts and prayers go out to the families impacted by today's tragic shooting at Bronx Lebanon Hospital, where seven people were shot by the shooter; especially to the family of the doctor who had her life senselessly taken. Other persons are in surgery so please keep them and the medical staff lifted up in prayer. The gunman has taken his life.

I thank the first responders and Bronx Lebanon staff for responding so quickly. Our team is on site and in constant communication to get updates.

This tragedy is another reminder that there must be stronger gun laws in our country, and the need for greater awareness around mental health concerns that can lead to unspeakable loss.

Statement by Assemblymember Luis Sepulveda   

"This obviously was the work of a madman"

 

My prayers and heartfelt condolences go out to the family of the fatal shooting victim in today's terror-filled rampage at Bronx-Lebanon Hospital, and I wish a speedy recovery to the six other shooting victims.

I applaud the quick, heroic work of other doctors and nurses who sprang into action to help the wounded, even as the gunman was rampaging through the hospital. They truly are heroes.

I also applaud the swift response of the NYPD. While others flee from danger, they race toward it.

This obviously was the work of a madman, who vented his twisted fantasies with violence, going out in what he may have felt literally was a blaze of glory by setting himself on fire before shooting himself.

I hope, as part of the investigation, the authorities determine how he was able to obtain a deadly assault rifle, once again, a weapon of choice for lunatics committing mass murder and mayhem.

 When will this nation finally come up with a rational response to the crazy, illogical glorification of these weapons of horrific injury and murder? 

STATEMENT FROM ASSEMBLYMAN VICTOR PICHARDO  

   “Today’s senseless shooting at Bronx Lebanon Hospital, left 2 people dead and several people hurt. My thoughts and prayers go out to all the victims and their families during this tragedy.

     “I would like to thank NYPD, FDNY and all first responders for dealing with the situation as quickly as possible in order to keep our community safe.

     “My office will continue to monitor the situation and work with the Mayor and my colleagues in government to make sure that our community and the people of the Bronx feel safe and secured.”   

Former Doctor Shoots Up Bronx Lebanon Hospital

  A former doctor walked into Bronx Lebanon Hospital with an assault rifle and opened fire on doctors. Cops found the gunman dead following the rampage, with a self-inflicted gunshot wound. At least one other person is dead, and six other people wounded, five in serious condition.

  Below are statements from Mayor Bill de Blasio, Bronx Borough President Ruben Diaz Jr.

MAYOR DE BLASIO, COMMISSIONER O’NEILL AT BRONX-LEBANON HOSPITAL

  Mayor Bill de Blasio: We’ve had a real tragedy here in the Bronx this afternoon. It’s something we’ve seen around the country, and now we’ve experienced it here. The tragedy occurred in Bronx-Lebanon Hospital. I want to say at the outset, thank God this was not an act of terrorism. It is an isolated incident. It appears to be a workplace-related matter, but that makes it no less tragic or no less horrible. 

One doctor is dead and there are several doctors who are fighting for their lives right now amongst those who are wounded. As you know, the shooter killed himself, but not before having done horrible damage. Our hearts go out to the family of the doctor who passed away and we’re giving both our hearts and our prayers, standing in solidarity with the families of all of those who were wounded and all of those who are fighting for their lives right now. 

This was a horrific situation unfolding in the middle of a place that people associate with care and comfort – a situation that came out of nowhere. But even in the midst of this horror, there were many, many acts of heroism. I want to thank our first responders – the police officers from the 4-4 and 4-6 Precincts and from our Strategic Response Group who entered the building quickly, went toward the danger to protect the many, many hundreds of people who were in the building. 

The firefighters who arrived – this was not just an active shooter situation but there was a fire that complicated matters and our firefighters did an exceptional job of addressing that situation immediately. And then, of course, all of the personnel at Bronx-Lebanon Hospital whose day went from normal to horrifying in a matter of seconds – the doctors, the nurses – all of the personnel responded with extraordinary bravery, with cool professionalism. They protected each other. They protected their patients even amidst this horrible situation. 

I want to express to everyone at Bronx-Lebanon hospital our profound thanks for all they did to handle this situation and to immediately respond to support their compatriots who are wounded. 

There will be an opportunity in the coming hours to provide more details but at this point, there is a lot that we are piecing together. I want to say upfront, there are many, many details that we’re still putting together, that’s why we’re not in a position to answer questions yet. But there will be an accounting of details shortly. 

But, what I can say in the meantime is there are many things amidst this pain to be proud of today, and God bless our first responders and the hospital personnel for the way they handled this situation. They put the safety of their fellow New Yorkers first, as they always do. 

  I want to thank Fire Commissioner Dan Nigro of the Fire Department. His men and women performed admirably in this situation. I want to thank Bronx District Attorney Darcel Clark for being here; the Borough President of the Bronx Rubin Diaz Jr.; State Senator Gustavo Rivera; and Congressman Jose Serrano. Thanks to all for being here in support and solidarity. 

Police Commissioner James P. O’Neill: As the Mayor stated, this is all preliminary information – this just happened a couple of hours ago. So, this is what we have so far – at approximately 2:55 pm, a 9-1-1 call was received reporting a male firing a gun on the 16th floor of Bronx-Lebanon Hospital. That’s located right here behind me on the Grand Concourse. 

Responding patrol units from the 4-4 Precinct, and the 4-6 Precinct, quickly determined that several people had been shot on the 16th and 17th floors by a lone gunman armed with an assault rifle. Additional NYPD units from the Strategic Response Group, Critical Response Command, Emergency Service Unit, and other commands responded and began our active-shooter protocol, including a search for the suspect, evacuation, and activation of the Rescue Task Force, which is a combination of NYPD personnel and F-D personnel. During the incident, the hospital’s fire alarm system activate, apparently due to the suspect’s attempt to set himself on fire. 

On the 17th floor, officers encountered the male suspect lying on the floor, dead of an apparent self-inflicted gunshot wound. An assault rifle was found nearby. The subject was wearing a white medical-type coat. A female victim was also discovered on the 17th floor. She was pronounced dead at the scene. A total of six additional victims were found on the 16th floor. They have been removed to the emergency room of the hospital. Five of them were seriously injured and one suffered a gunshot wound to the leg. 

The subject, is a former employee of Bronx-Lebanon Hospital.

STATEMENT FROM BOROUGH PRESIDENT DIAZ

"Today’s fatal shooting at the Bronx-Lebanon Hospital Center has shocked an entire borough. On behalf of the more than 1.4 million people who call The Bronx home and who consider Bronx-Lebanon a vital partner within our communities, I offer condolences to the family of the woman who was tragically killed this afternoon. As we learn more details about this horrible incident, my office and I will keep the victims, their families and the entire Bronx- Lebanon family in our thoughts as we pray that the survivors of today’s shooting have a speedy recovery," said Bronx Borough President Ruben Diaz Jr.

STATEMENT FROM MAYOR BILL DE BLASIO ON EXTENSION OF MAYORAL CONTROL

   

“Mayoral control of New York City schools is critical to the futures of more than one million kids. Providing a two-year extension gives the system an important measure of stability that’s key to initiatives that have produced record achievement.

“In extending our control of the nation’s largest school system, State lawmakers and the Governor deserve great credit for protecting the dramatic progress our teachers and principals have made in classrooms across the city. At the end of the day, Governor Cuomo, Speaker Heastie, and Leaders Flanagan, Klein, and Stewart-Cousins worked overtime to ensure New York City schools continued on a path of progress. The bipartisan cooperation that prevailed on this issue will have an immediate and lasting effect on the lives of our city’s children. Lawmakers from both sides of the aisle, education advocates, business and labor leaders, and a diverse coalition of allies played an equally crucial role in putting aside partisan politics and getting this legislation across the finish line.

“Our state government’s action allows us to refocus our attention away from the political process and back to our classrooms, where it belongs.”    

EDITOR'S NOTE:

Within the next two years before this happens again, our state legislature MUST come up with a plan to replace Mayoral Control which has been proven not to work.

The New York City public school system is in worse shape than ever, and that includes the announcement by Mayor de Blasio and Chancellor Farina of policy to better integrate the New York City Public School System.