12 Members And Associates Of Violent Bronx Street Gang Charged In Manhattan Federal Court With Racketeering And Firearms Offenses

  Joon H. Kim, the Acting United States Attorney for the Southern District of New York, James J. Hunt, the Special Agent in Charge of the New York Field Division of the Drug Enforcement Administration (“DEA”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing today of an Indictment charging 12 members and associates of a Bronx-based street gang known as “Square Gang” with racketeering conspiracy and a firearms offenses. 

A total of seven defendants were taken into custody today; one other defendant was already in federal custody. Seven of the 12 defendants were presented and arraigned before U.S. Magistrate Judge Kevin N. Fox today. REGGIE GOODWIN was arrested in the Western District of New York and was presented and arraigned before Magistrate Judge Jeremiah McCarthy in the U.S. District Court for the Western District of New York today. The case is assigned to U.S. District Judge Sidney H. Stein.

Acting U.S. Attorney Joon H. Kim said: “As alleged in the indictment, these gang members wreaked havoc in the Patterson Houses in the Bronx for years. Thanks to the terrific work of the NYPD and the DEA, the defendants will now face justice in federal court and the Patterson Houses will be safer.”

DEA Special Agent in Charge James J. Hunt said: “Allegedly, the Square Gang was a menacing force, threatening the residents of the Patterson Houses in the Bronx with drug trafficking and violence. By collaborative efforts with our NYPD partners and the Southern District of New York, seven members of this gang have been arrested this morning on federal charges.”

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

Square Gang was a criminal enterprise involved in committing numerous acts of violence, including murder and attempted murder, in the vicinity of the Patterson Houses in the Bronx. Members and associates of Square Gang enriched themselves by committing robberies and selling drugs, such as crack cocaine and marijuana.

Count One of the Indictment charges DAMAR MORALES, TAVON GODFREY, a/k/a “Tay,” HECTOR FIGUEROA, a/k/a “Hec,” GEORGE MCKELVEY, a/k/a “Tyleek,” JUAN CASTILLO, a/k/a “Obama,” JOSEPH RATTI, a/k/a “Yum Yum,” QUADAE BERGER, a/k/a “Icy Day,” RAKIM MOSELY, REGGIE GOODWIN, CURTIS CLARK, a/k/a “Tom,” BRITAIN KELLY, a/k/a “Brit,” and JAREL SABLE, a/k/a “Shoes,” with participating in a racketeering conspiracy for criminal involvement in Square Gang

Count Two of the Indictment charges MORALES, GODFREY, FIGUEROA, MCKELVEY, CASTILLO, RATTI, MOSELY, GOODWIN, CLARK, KELLY, and SABLE, with using and carrying firearms, which were discharged, in connection with the racketeering conspiracy and a narcotics conspiracy.

Charts containing the names, charges, and maximum penalties for the defendants are set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

Mr. Kim praised the outstanding investigative work of NYPD and the DEA.

This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Jordan Estes and Lauren Schorr are in charge of the prosecution.

The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

Attorney General's Special Investigations And Prosecutions Unit Releases Report On The Death Of Ariel Galarza

    New York Attorney General Eric Schneiderman’s Special Investigations and Prosecutions Unit (SIPU) released a comprehensive report on its investigation into the death of Ariel Galarza in Bronx County in November 2016. The investigation, led by Chief of the Special Investigations and Prosecutions Unit Alvin Bragg, found no criminal culpability in the death of Mr. Galarza.

According to the report, on November 2, 2016, NYPD officers responded to a 911 call from another resident of Mr. Galarza’s building, who said that Mr. Galarza had been brandishing a knife and screaming. When the officers arrived, they found Mr. Galarza in his basement apartment holding a 12-ounce glass bottle. When ordered to lie down on the floor, Mr. Galarza stood up and lifted the bottle in the air, within eight feet of the NYPD sergeant.

When Mr. Galarza ignored orders to drop the bottle, the sergeant deployed a taser and delivered a five-second electric charge. Mr. Galarza continued to struggle with the officers as they attempted to handcuff him; the sergeant activated the taser two more times for five seconds each, before the officers were able to restrain Mr. Galarza. After he was handcuffed, Mr. Galarza lost consciousness and his heart stopped beating. EMS personnel arrived within minutes and were able to restore a heartbeat; however, once at the hospital, emergency room physicians were unable to maintain a normal heart rhythm and Mr. Galarza was pronounced deceased.

The Office of the Chief Medical Examiner conducted an autopsy, and SIPU also retained an independent forensic pathologist to conduct a separate autopsy.  OCME and the independent expert separately reached similar conclusions that Mr. Galarza died of cardiac arrest resulting from a combination of a preexisting heart condition, drug intoxication, and obesity, combined with the effects of physical exertion, restraint, and the use of the taser.

During a subsequent search of the apartment, officers recovered the glass bottle and two butcher knives.

In light of all the evidence – including that Mr. Galarza was threatening the officers with a glass bottle, and that a police officer may justifiably use reasonable force in order to protect himself against the imminent use of unlawful force against himself or another person, or to effect an arrest - SIPU found that criminal charges against the responding officers were not warranted.

SIPU’s investigation took into account statements by civilian witnesses, as well as NYPD and emergency medical personnel who responded to the scene; autopsy and toxicology reports from the OCME and independent forensic pathologist; Mr. Galarza’s medical records; the report generated by the taser used during the incident; and the NYPD records, including the 911 recording.

“We send our deepest condolences to the family of Mr. Galarza, whose death was a tragedy,” said Attorney General Schneiderman. “We remain committed to following the facts and providing exhaustive and transparent accounting of all cases we investigate under the executive order.”

Click here to read the full report.

The report was produced as part of the Attorney General’s role as the state’s special prosecutor. In July 2015, Governor Cuomo signed Executive Order No. 147, appointing the Attorney General to that role to oversee investigations into incidents where unarmed civilians die during interactions with police, or incidents where there is significant question as to whether the civilian was armed and dangerous. In cases in which it’s determined that charges are not warranted, the Attorney General’s office releases a comprehensive report that details the findings of its investigation, as part of its commitment to transparency.

BRONX MAN SENTENCED TO 18 YEARS TO LIFE IN PRISON FOR MURDER OF 80-YEAR-OLD MAN

Defendant’s Young Son Watched As Victim Was Beaten To Death With Metal Pipe

  Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been sentenced to 18 years to life in prison for fatally beating an 80-year-old man in a dispute over money. 

   District Attorney Clark said, “This defendant brutally beat an elderly man with a metal pipe in front of his own 7-year-old son, all because of a dispute over money. The defendant took the life of a man who was beloved by his family and a fixture in his neighborhood and now the defendant will pay the price for this heartless act.” 

   District Attorney Clark said the defendant, Jason Rivera, 30 of 575 East 140th Street, was sentenced today to 18 years to life in prison for second-degree Murder by Bronx Supreme Court Justice Lester Adler. Rivera was convicted by a jury on June 12, 2017.

  According to the investigation, on the night of September 2, 2014, inside a store on St. Ann’s Avenue at East 139th Street, Rivera —with his son in tow — confronted Manuel Rosario over money. Rosario followed Rivera outside the store with a metal pipe he had retrieved from inside the store and Rivera took it from him, striking him repeatedly with it. Rosario died eight days later at Lincoln Medical Center as a result of blunt trauma injuries.

hERMAN''S hERMITS PERFORM AT SEATON PARK IN RIVERDALE

 

  Senator Jeff Klein brought Herman's Hermits with lead singer Peter Noone to perform at Riverdale's Seton Park as part of the Senator's Summer Symphony Series. Over 500 people enjoyed songs from the audience favorites Mrs. Brown You Have A lovely Daughter, I'm Henry the Eighth I Am, I'm Into Something Good, and many others sung by Peter Noone and the band. People came with chairs or blankets and those who came early got front row seats. Senator Klein introduced the group, and then the songs started lasting long after the sun set and the park was dark. On hand to provide a safe setting was Deputy Inspector O'Toole and several of the officers and Auxiliary police officers of the 50th Precinct. I asked Deputy Inspector O'Toole his favorite Herman's Hermits song, and his answer was he had several.

Above - On either side of Peter Noone (the lead singer of Herman's Hermits if Senator Jeff Klein and Assemblyman Jeffrey Dinowitz. Next to senator Klein is Community Board 8 member Eric Dinowitz, next to Assemblyman Dinowitz is his Chief of Staff Randi Martos, and next to Ms. Martos is Deputy Inspector O'Toole of the 50th Precinct.

Below - Lead singer from Herman's Hermits Peter Noone waves to the crowd.

BP DIAZ ALLOCATES OVER $2 MILLION TO BOROUGH COLLEGES

  Bronx Borough President Ruben Diaz Jr. announced today that his office will allocate more than $2 million in capital funds to help support higher education institutions throughout The Bronx this year.

 

“I am committed to providing all the necessary resources the school system in The Bronx needs to help our students to strive for a higher education,” said Bronx Borough President Ruben Diaz Jr. “We have always been known as ‘the borough of universities,’ and investing in our higher education institutions is imperative in order to provide a top-flight education for all of our residents.”

 

Funds will go towards improving Americans with Disabilities Act (ADA) compliance routes, as well as other improvements, for Bronx Community College’s Roscoe C Brown Jr. Student Center Hall of Fame Playhouse; upgrades for Hostos Community College’s Allied Health Building; converting 25 Lehman College classrooms into state-of-the-art “Networked Smart Classrooms,” as well as provide equipment for their Access & Technology Center; and renovating a new state of the art facility at the Albert Einstein College of Medicine at Yeshiva University.

 

In total, Borough President Diaz has allocated $2,138,000 million across four colleges and universities in FY18. Since 2009, Bronx Borough President Diaz Jr. has invested $13,142,000 in capital funds towards higher education.

 

“The Bronx is producing top-level talent that can compete in the job market with graduates from any higher learning institute in the country. That is why it is very important we invest in our colleges and universities,” said Borough President Diaz. “Bolstering our borough’s higher learning institutions, both at public institutions as well as private colleges and universities, not only provide The Bronx with a more highly-skilled work force that can compete in the global job market, but it also helps in bolstering our local and citywide economy in the long-term, helping our borough continue to build on the success of our current renaissance.”

 

“Bronx Borough President Ruben Diaz Jr. funded two projects, whose funds will be matched by the state, that will help with additional needs be met so that we can operate at full capacity,” said Elizabeth Friedman, Director of Campus Planning for Hostos Community College. “We appreciate the Bronx Borough President’s support of Hostos Community College, who is helping make our buildings more energy efficient while also helping us maximize addressing the needs of our students.

 

“We are very grateful to Borough President Diaz for funding our Access and Technology Center,” said José Luis Cruz, Lehman College President. “These funds will enable us to deliver state-of-the-art assistive technology to a growing population of students with disabilities. Borough President Diaz has been a true partner in our efforts to expand educational opportunity to young people throughout the borough.”

 

“Bronx Borough President Ruben Diaz Jr has been a staunch supporter of Bronx Community College,” says Bronx Community College President Thomas A. Isekenegbe. “As a CUNY alumnus, he knows firsthand the importance and need for an elected official to support and invest in public higher education. For Fiscal Year 2018, the Borough President appropriated $500K for the renovation of the Hall of Fame Playhouse in BCC’s Roscoe C. Brown Student Center. This project will provide a fully accessible route from the Playhouse’s exterior entrance, through the lobby and onto the stage. It will also upgrade the telecommunications, AV systems, signage and mechanical equipment. This funding will have a positive impact on the BCC student experience. Our College is proud of the partnership we have with the Borough President and we are grateful for his years of friendship.”

 

“Thanks to Borough President Diaz, families across The Bronx that struggle with various forms of mental illness will continue to receive the treatment they need at the Parnes Family Psychological and Psychoeducational Services clinic at Yeshiva University’s Ferkauf Graduate School of Psychology,” said Phil Goldfeder, assistant vice president for Government and Community Affairs at Yeshiva University. “This critical investment will allow us to build a new mental health clinic to enhance services and increase our capacity to serve additional residents. The new state-of-the-art clinic will include 17 assessment and therapy rooms, as well as space for conducting play therapy with children, group therapy, and a patient waiting area. Families deserve a mental health clinic that can effectively provide for the community and prepare our students for the future and with this investment, we are another step closer to a stronger Bronx.”

 

This year, Borough President Diaz’s office has provided $58,718,000 in total capital dollars across 146 projects. Since coming to office in 2009, Borough President Diaz has provided $248,646,000 in total capital funding to 725 projects.

Hundreds of sex offenders living dangerously close to pre-ks new report reveals

IDC exposes loophole in law which allows predators to live near standalone pre-ks and to show other instances where offenders are in violation of current law

Senators Jeff Klein (D-Bronx/Westchester), Diane Savino (D-Bronx), Jose Peralta (D-Queens) and Marisol Alcantara (D-Manhattan) released, “Preying on Pre-Ks,” a report examining a dangerous loophole allowing sex offenders to live near standalone pre-kindergartens throughout the city.

Under the current law the definition of the word school does not include standalone pre-kindergartens, and an investigation found 93 sexual predators convicted of committing crimes against children living within 1,000 feet of these facilities across New York City. Pre-ks attached to traditional elementary schools are covered, and 60 predators are violating the law which prohibits Level 2 and 3 sex offenders from living within the set distance.

“It flies in the face of spirit of the law that standalone pre-kindergartens and kindergartens are not considered schools. With a growing number of students attending pre-kindergarten programs, this glaring loophole in the law allowing predators to live right next door to children must be closed,” said Senator Klein.

“As we fight in Albany to increase access to school seats for younger children, it is imperative that we do all we can to keep them safe. We have been successful in implementing Universal Pre-K, and an expansion of that to 3 year old children- so naturally it is our duty to ensure that our most vulnerable are kept out of reach of predators,” said Senator Savino.

“It is unconceivable to me that sex offenders can be residing within one thousand feet of pre-k and kindergarten program locations in the city. Current law prohibits them from living within that distance from schools grounds, but incredibly, they can live near pre-k and kindergarten facilities. This is just unreal. We must act immediately to prevent this situation from happening, since it endangers the lives of thousands of children. We must ensure we keep those who preyed on our kids as far away as possible from schools. This is why the Assembly must act and pass these two bills that will go a long way to protect our most vulnerable New Yorkers. I want to thank Senators Klein and Avella for their efforts on this particular front,” said Senator Peralta.

“It is important that we do not stand idly by in the face of sexual abuse, and the loophole in current law that allows sex offenders to live near kindergartens and pre-K's urgently needs to be closed. Sexual abuse takes a terrible toll on our communities, and New York State must address the issue with the utmost seriousness,” said Senator Alcantara.

“As lawmakers, we have a duty to make sure that our children are always protected to the best of our state’s abilities. We also have a duty to make sure that the laws that are designed to protect us are as clear and enforceable as possible. It is my hope that, by requiring uniform standards, my legislation can once and for all clear up any confusion that existed so that we can begin enforcing this important law,” said Senator Tony Avella.

Senator Klein’s bill, S.1787, expands the 1,000-foot prohibition to include pre-kindergarten and kindergarten facilities. Without it, sex offenders can and will continue to live within steps of a pre-K or kindergarten facility with no repercussion.

Senator Avella also proposed S.1271, which would require uniform standards for measuring the distance between a sex offender’s home and nearby schools. This will clarify and correct any discrepancies in determining the distance between a sex offender’s residence and schools to ensure compliance with the current law.

NEW YORK CITY ANNOUNCES INVESTIGATION INTO TENANT HARASSMENT IN QUEENS CONDO BUILDING DISPLAYING NAZI IMAGERY AND CONFEDERATE POSTERS

Day of Action also held in Sunnyside to promote tenants’ rights amidst reports of housing discrimination and discriminatory harassment

  New York City announced today an investigation into allegations of tenant harassment at 47-55 39th Place in Sunnyside, Queens, which has displays of Nazi and Confederate imagery, swastikas and other hate symbols in the lobby. The NYC Commission on Human Rights launched the investigation on behalf of the City following public reports from Majority Leader Jimmy Van Bramer, tenants and condo owners of a hostile environment due to alleged tenant harassment by the property manager or managers connected to the offensive displays in the common area. Under the NYC Human Rights Law, it is illegal to discriminate against or harass tenants because of their race, color, religion, immigration status, sexual orientation and other protected classes.

The NYC Commission on Human Rights, Mayor’s Office of Immigrant Affairs, Community Affairs Unit, Public Engagement Unit and the Human Resource Administration also held a Day of Action outside the 40th Street & Lowery Street and 46th Street & Bliss Street train stations and in front of PS 199Q at 39-20 48th Avenue in Sunnyside Queens where they distributed flyers on tenants’ rights and discriminatory harassment and answered questions on legal protections and services against discrimination and harassment.

“It is now more important than ever for New Yorkers to stand united as one city and reject discrimination and intolerance,” said Mayor Bill de Blasio. “We will not let tenants in Sunnyside or across the five boroughs be intimidated or threatened for speaking out against hatred.”

“Discrimination and harassment will not be tolerated in New York City and the NYC Commission on Human Rights is cracking down on anyone who thinks they are above the Law,” said Deputy Commissioner of the Law Enforcement Bureau at the NYC Commission on Human Rights Hollis V. Pfitsch. “Despite hostile rhetoric on the national level, no one in New York City has permission to harass or threaten another person because of who they are, what they believe, or what they look like. The Commission will continue to use every tool it has to investigate and prosecute violators and encourages anyone who witnesses or is a victim of discrimination or harassment to step forward and report it to the Commission.”

“New York City is at the forefront of protecting tenants’ rights and we are here to ensure that New Yorkers are aware of all the resources this Administration has put in place to defend them from harassment and discrimination,” said Department of Social Service Commissioner Steven Banks. “Nobody should be exposed to blatant symbols of hate in their own homes and we want to support these tenants and any other tenant who can benefit from our services.”

“We want to send a clear message that we will not stand idly by and allow tenants to feel victimized in their own homes,” said Housing Preservation and Development Commissioner Maria Torres-Springer. “I want to applaud the Mayor’s Office and the NYC Commission on Human Rights for their advocacy on behalf of the New York City residents. We look forward to our continued collaboration as we fight to protect tenants across our city.

In New York City, it is illegal for housing providers, landlords, or their employees or agents to:

• Discriminate against tenants by creating a hostile environment of harassment based on their race, religion, immigration status, sexual orientation, or any other protected class.
• Harass or threaten tenants because of their race, religion, immigration status, sexual orientation or any other protected class.
• Refuse to make repairs or provide equal services to tenants because of their protected class.
• Retaliate against tenants who report discriminatory behavior or neglect to ensure employees and agents are trained on their responsibilities under the NYC Human Rights Law, including superintendents, maintenance workers, brokers, and salespeople.  

Over the past two years, the Commission has significantly increased enforcement efforts to address housing discrimination and tenant harassment, tripling the number of investigations in this area. The Commission is currently investigating 565 claims of housing discrimination, over 75 claims of which directly involve tenant harassment.

It’s also illegal in New York City for people to engage in discriminatory harassment, which occurs when someone uses physical force — or threatens to use physical force — against a victim because of their protected status, and knowingly intimidates, injures, or interferes with a legal right of the victim. Discriminatory harassment also occurs when someone damages or destroys another person’s property because of their protected status. Amid hostile national rhetoric, hate speech and violence over the last year, the Commission has increased outreach and enforcement efforts across the City so people understand their rights. Reports of discriminatory harassment increased by 480% in 2016, with 203 reports of discriminatory harassment made in 2016 compared to 35 in 2015.

The Commission also recently created a “Bias Response Team” to respond to incidents of bias and discrimination across the City following reports/tips from callers, advocates, and city agencies, such as the NYPD Hate Crimes Task Force, and from news media and social media. Over the last six months, the Commission’s Bias Response Team members have monitored and conducted numerous site visits to affected communities following bias incidents, including displays of hate symbols and images such as swastikas, hateful drawings, and written discriminatory threats, among others. 

The Commission has the authority to fine violators with civil penalties of up to $250,000 for willful and malicious violations of the Law and can award compensatory damages to victims, including emotional distress damages and other benefits. The Commission can also order trainings on the NYC Human Rights Law, changes to policies, and restorative justice relief such as community service and mediated apologies.

If you or someone you know believes they are the victim of discrimination or harassment, call the Commission’s Infoline at 718-722-3131. Reports may also be filed anonymously. People may also report discrimination on the Commission’s website.