“BMB” Street Gang Member Sentenced To More Than 27 Years In Prison For Murder Of Bronx Teenager And Other Racketeering Crimes

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that MARTIN MITCHELL, a/k/a “Tyliek,” a member of a violent street gang in the Bronx called the “Big Money Bosses” (“BMB”), was sentenced yesterday to 327 months in prison for his gang-related crimes, including the June 22, 2014, murder of 17-year-old Keshon Potterfield.  MITCHELL pled guilty on December 30, 2016, to conspiracy to commit racketeering and to killing Potterfield, and was sentenced yesterday by U.S. District Judge Alison J. Nathan.

U.S. Attorney Geoffrey S. Berman said:  “Martin Mitchell was sentenced to more than 27 years in prison for the cowardly murder of Keshon Potterfield, a teenager whom Mitchell shot in the back.  This significant sentence will take a violent offender off the street and, hopefully, provide Keshon Potterfield’s family some measure of justice.  We will continue to work with our law enforcement partners to prevent gang violence and keep our streets safe.”

According to court documents and statements made during the public proceedings in this case:

BMB is a subset of the “Young Bosses,” or “YBz” street gang, which operates throughout New York City.  Between 2007 and 2016, members and associates of BMB committed numerous acts of violence against rival gang members in the Bronx – including murders, attempted murders, and armed robberies – and sold crack cocaine, marijuana, and oxycodone.   

MITCHELL was a member of BMB.  On June 22, 2014, MITCHELL and other members of BMB attended a birthday party in the backyard of a residence on East 232nd Street in the Bronx.  MITCHELL obtained a gun from fellow BMB member Donque Tyrell, a/k/a “Polo Rell,” then used that gun to shoot and kill Potterfield as he ran from the BMB members.  As part of the plea agreement he signed, MITCHELL also admitted to attempting to murder two other rival gang members on different occasions, armed robbery, and drug trafficking.

MITCHELL, 23, of the Bronx, was arrested in this case as a result of a multi-year investigation by the New York City Police Department’s (“NYPD”) Bronx Gang Squad, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations Violent Gang Unit, the New York Field Division of the Drug Enforcement Administration, and the Joint Firearms Task Force of the Bureau of Alcohol, Tobacco, Firearms, and Explosives into gang violence in the Northern Bronx.

Mr. Berman praised the outstanding work of the NYPD’s Bronx Homicide Task Force, the NYPD’s 47th Precinct Detective Squad, the NYPD’s Bronx Gang Squad, HSI, DEA, and ATF.

5 Charged In Manhattan Federal Court With Robbery And Murder

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and James P. O’Neill, Commissioner of the New York City Police Department (“NYPD”), announced today the unsealing of an Indictment charging LUIS SEMIDAY, a/k/a “PopOff,” RICHARD JIMENEZ, a/k/a “Showtime,” KEVIN CRUZ, a/k/a “Juice,” IRA LAWSON, a/k/a “Malachi,” and CURTIS HINES, a/k/a “Curt,” a/k/a “Gz,” with robbery conspiracy, robbery, and murder through the use of a firearm.  The charges arise out of a robbery of a marijuana dealer in the Bronx on February 4, 2018, during which Jonathan Tuck was unintentionally shot and killed.  JIMENEZ, CRUZ, LAWSON, and HINES were arrested yesterday and this morning, and will be presented this afternoon before U.S. Magistrate Judge Sarah Netburn.  SEMIDAY is still at large.  The case is assigned to U.S. District Judge Edgardo Ramos.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “As alleged in the Indictment, the defendants planned and carried out the violent armed robbery of a marijuana dealer in the Bronx.  In the course of that robbery, 25-year-old Jonathan Tuck was killed.  Thanks to the extraordinary efforts of the NYPD and the Special Agents of our Office, five defendants now face charges for their role in these terrible crimes.”

NYPD Commissioner James P. O’Neill said:  “I applaud the tireless work of our NYPD detectives and our partners at the Southern District, whose close collaboration led to today’s charges.  We have zero tolerance for crime and violence of any kind in our city, and New Yorkers in every neighborhood deserve to feel safe on our streets.  Today, these five men are correctly being held accountable for their actions – which include, tragically, ending another man’s life.”

According to the allegations in the Indictment unsealed today in Manhattan federal court[1]:

On February 4, 2018, SEMIDAY, JIMENEZ, CRUZ, LAWSON, and HINES planned and carried out a gunpoint robbery of a drug dealer at 2334 Washington Avenue in the Bronx.  During the course of the robbery, Jonathan Tuck was unintentionally shot and killed.       

SEMIDAY, 22, of the Bronx, New York, JIMENEZ, 21, of New York, New York, CRUZ, 23, of the Bronx, New York, LAWSON, 24 of the Bronx, New York, and HINES, 20, of the Bronx, New York, are each charged with one count of robbery conspiracy, which carries a maximum sentence of 20 years in prison; one count of robbery, which carries a maximum sentence of 20 years in prison; and one count of murder through the use of a firearm, which carries a maximum sentence of death or life in prison.  The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants will be determined by the judge.

Mr. Berman praised the outstanding investigative work of the NYPD and the Special Agents of the U.S Attorney’s Office for the Southern District of New York.  He added that the investigation is continuing.

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

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

Comptroller Stringer: City Continues to Short Change Minority and Women-Owned Businesses

Fifth annual report reveals City received fourth consecutive “D+” grade overall,”F” grade among African American owned businesses

City contracted just five percent of $19.3 billion budget with M/WBEs in Fiscal Year 2018

Lack of progress highlights need for City Charter mandated Chief Diversity Officer in City Hall and at each City agency

   New York City Comptroller Scott M. Stringer revealed that New York City is still lagging behind on spending with minority and women-owned business enterprises (M/WBEs) and renewed his call for a Chief Diversity Officer in each City agency and in City Hall.  The fifth annual “Making the Grade” report, which evaluates each City agency’s spending with M/WBEs, showed that while overall spending with diverse firms increased in Fiscal Year 2018, 80% of certified M/WBEs are still not receiving any business from the City.  The City received its fourth-consecutive “D+” grade by awarding $1 billion in contracts to M/WBEs out of a $19.3 billion budget in FY18 – just 5.5 percent of the total budget.

Comptroller Stringer has been issuing Making the Grade since 2014 in an effort to drive the City to improve its spending with diverse firms, and hold agencies accountable when they fail to do so. This year’s report highlights the City’s failure to meet spending goals with firms owned by women, Hispanic-Americans and Asian-Americans, but sounds the loudest alarm on the City’s spending with Black-owned firms. Despite an overall “D+” grade, the City earned an “F” for spending with Black-owned firms.  Meanwhile, spending with Asian-American firms earned the City a “C”, with Hispanic-Americans a “D”, and with Women-owned firms a “D.”

“New York City is one of the most diverse cities in the world, and yet our own government fails to make fairness and equality a priority when it comes to spending city dollars.  There needs to be someone in every city agency making sure minority and women-owned businesses are being given a fair shot to get a piece of a $19 billion budget – that’s why the City Charter has to be changed to include a Chief Diversity Officer,” said Comptroller Stringer. “If we are going to build a five borough economy, we cannot perpetuate a system that fails to build wealth in communities that have historically been left behind. While progress is happening, this report shows just how far we have to go.”

Despite the City’s overall “D+” grade, several agencies made progress over the last fiscal year.

• Grades increased at 9 agencies, decreased at 5 agencies, and stayed the same at 17 agencies – meaning almost 30 percent of agencies increased their grade.
• Three agencies received an “A” grade – Department for the Aging, Commission on Human Rights, and Department of Health and mental Hygiene.
• However, ten agencies that received either a “D” or “F” grade account for 50 percent of the City’s total M/WBE spending, depressing the citywide grade despite areas of improvement.

Stringer’s report advances four proposals to level the playing field for M/WBEs and ensure the City’s multi-billion dollar procurement budget is lifting up all New Yorkers.

A charter mandated Chief Diversity Officer. Accountability begins at the top – and that’s why Comptroller Stringer is calling for a City Charter change to mandate the hiring of a Chief Diversity Officer (CDO) in the Mayor’s cabinet and in every city agency.  According to public data, out of 32 mayoral agencies, only seven currently have a CDO, with only four reporting to the Commissioner. But every agency needs a dedicated, executive-level leader to focus on diversity and drive results. The current City Charter Revision Commission provides a unique opportunity to enshrine a CDO in the City’s governing document.

Create competitive opportunities for M/WBEs on citywide requirements contracts. A major obstacle to increasing M/WBE spending is the Citywide requirements contracts that represent approximately 10 percent of the City’s total budget. These contracts are agreements that agencies enter with a limited number of vendors to meet the City’s demand for particular goods or services on an “as-needed” basis, often over multiple years.  Examples of items and services purchased through requirement contracts are automobiles, fuel, equipment maintenance, cleaning services, large scale printing of election documents, and more.  The City spent more than $1.5 billion through requirement contracts in FY18, but M/WBEs received only $102.5 million – less than seven percent – of this spending.  The City should increase opportunities for M/WBEs by awarding requirements contracts to a pool of vendors, rather than one vendor alone, and by striving to include M/WBE subcontracting goals in all requirements contracts.

The City should require prime vendors to disclose details about their commitment to diversity, including their own supplier diversity plans. In FY18, the City’s top 25 vendors received $2.7 billion from the City, but only 3.8% of those dollars made it to M/WBEs. To encourage more M/WBE opportunities among top vendors, the City should require vendors to share details of their own supplier diversity programs when they bid on City contracts. Agencies should be allowed to award points to prospective vendors with robust M/WBE programs and Chief Diversity Officers.

The City Charter should be amended to alleviate the financial burden of contract delays for M/WBE vendors by assigning deadlines to every agency in the contract review process. In FY18, one in four M/WBEs had to work for at least three months without a contract in place or wait just as long after their contract start date to begin work.  Meanwhile, over 69 percent of contracts awarded to certified M/WBE vendors were submitted to the Comptroller’s Office for registration after the contract date.  Without a registered contract, a vendor cannot get paid – that’s interrupted cashflow.  In order to make the process more efficient, transparent, and sustainable for all firms, the Charter Revision Commission should include specific timeframes for each oversight agency in the procurement process.

“In a City that prides itself on opportunity, women and people of color in business continue to be sidelined and neglected, ” said Public Advocate Letitia James. “In a City that thrives on diversity and inclusion, it’s our duty to ensure that M/WBEs are given the opportunities they need to survive. I commend Comptroller Scott Stringer for his continued efforts to highlight and correct this important issue.”

To read the full report, click here.

Riverdale Rally in Support of Tree of Life Congregation in Pittsburgh, Pennsylvania

  Hundreds of residents of Riverdale and others came together at the Riverdale Monument at the intersection of Riverdale Avenue and West 239th Street in support of what happened at the Tree of Life Congregation in Pittsburg last Saturday during Sabbath Services. 

  Elected officials were on hand but did not speak, and police from the 50th precinct did a fine job of keeping the rally safe, while allowing rush hour traffic to flow. Riverdale is home to the largest Jewish population in the Bronx with many different synagogues offering the residents religious services. 

  People who attended said they wanted to show support, and some were afraid that this could happen in Riverdale. Several years ago the police and Homeland Security foiled a plot to bomb two synagogues in Riverdale. 

  As nighttime arrived people were holding candles for those who were killed in the Tree of Life synagogue.

THE BRONX STANDS UNITED AGAINST HATRED

  Bronx Borough President Ruben Diaz Jr. and the Jewish Community Relations Council of New York held an interfaith prayer vigil to support the Jewish community and stand united against hatred in response to the murder of 11 worshippers at the Tree of Life Synagogue in Pittsburgh this weekend.

More than 100 clergy members, elected officials, community leaders, judges and members of the public joined together on the steps of The Bronx County Building for the vigil.

“We come together to say, unequivocally and in no uncertain terms, that we will not allow for any coward, or anyone who thinks that they’re going to divide us and put fear in our hearts to win the day,” said Bronx Borough President Ruben Diaz Jr. at the event. “More hate is not the answer. More guns are not the answer. We cannot allow for anyone to beat us psychologically into believing that we have to be a gun-toting society. Love is the only answer.”

“Our response is a collective response to the outrage this past Saturday at the Tree of Life Congregation in Pittsburgh, Pennsylvania,” said Michael S. Miller, Executive Vice President & CEO of the Jewish Community Relations Council of New York. “Eleven people lost their lives in a sanctuary of peace because of the actions of someone who viewed hatred as their sanctity. We here in New York, and in fact all Americans, should never, ever tolerate hate. We’re all holding hands, proverbially, all speaking about love, about peace.”

  Bronx District Attorney Darcel Clark says that this will not be tolerated in the Bronx.

11 Defendants Charged In Federal Court With Committing Narcotics And Firearms Offenses In The Bronx

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), and Keith Kruskall, Acting Special Agent in Charge of the New York Field Division of the Drug Enforcement Administration (“DEA”), today announced the unsealing of an Indictment and a Complaint charging a total of 11 defendants with committing various narcotics and firearms offenses in the Bronx, New York.

Manhattan U.S. Attorney Geoffrey S. Berman stated:  “Today’s charges target multiple forms of alleged drug dealing and the gun violence that accompanies the drug trade.  From feeding the opioid crisis through the sale of Oxycodone, to pouring crack into our streets, to possessing and firing guns to secure drug territory, the alleged conduct of these 11 defendants fueled a cycle of addiction and violence.  The joint investigative work of the NYPD and the DEA leading to today’s arrests reflects the ongoing commitment of federal and local authorities to break this cycle.”

DEA Acting Special Agent-In-Charge Keith Kruskall said:  “DEA supports the NYPD in their efforts to protect New Yorkers from drug traffickers and the associated violence.  This investigation identified and arrested crew members who allegedly pushed oxycodone, crack, and marijuana into user’s hands, threatening neighbors with drug addiction and gun violence.”

NYPD Commissioner James P. O’Neill said:  “The NYPD is relentless in our commitment to fight crime and keep all New Yorkers safe.  By directly answering community concerns and enhancing our solid working relationships with the Southern District and the DEA, we are consistently able to remove drug dealers from our neighborhoods and avert the violence so often associated with their criminal activities.”

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

Between 2015 through 2018, JENCY DIAZ, a/k/a “JC,” KEVIN MORA, a/k/a “Jaffy,” CERENE MAYES, a/k/a “Mama,” HOWARD AYLLON, a/k/a “Kapo,” MYRON DECOSTA, and CARLA DECOSTA, conspired to sell Oxycodone.

In 2013 and 2014, KEVIN MORA, ARTURO MORA, a/k/a “Etho,” and WHYKEE JOHNSON, conspired to sell crack cocaine and marijuana and possessed firearms in furtherance of that conspiracy, some of which were brandished and discharged.

Between April 2018 and the present, ALAN ARIAS, WALTHER CASTILLO, a/k/a “Walter,” and RUDY DELGADO, conspired to sell more than 280 grams of crack cocaine in and around the Bronx, New York. 

Seven defendants were taken into federal custody in the Bronx this morning.  Those defendants will be presented in Manhattan federal court today before U.S. Magistrate Judge Sarah Netburn.  CARLA DECOSTA was arrested in Delaware this morning and will be presented in federal court there today.  JOHNSON was already in federal custody and will be arraigned at a future date.  Defendants ARTURO MORA and ALAN ARIAS remain at large.

Charts containing the names of the defendants who were charged today, and the charges and maximum penalties they face, are attached.  The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants would be determined by the respective judges.

Mr. Berman praised the outstanding investigative work of the NYPD and the DEA.  Mr. Berman also thanked the Bronx District Attorney’s Office for its assistance in the case.

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

United States v. Jency Diaz, et al., 18 Cr. 749

United States v. Alan Arias, et al., 18 Mag. 9136

CHARGE(S)	DEFENDANT(S)	MAXIMUM PENALTIES
Narcotics conspiracy (Conspiracy to distribute and possess with intent to distribute Oxycodone.)	JENCY DIAZ,     a/k/a “JC” (27 years old) KEVIN MORA,     a/k/a “Jaffy” (30 years old) CERENE MAYES,     a/k/a “Mama” (59 years old) HOWARD AYLLON,     a/k/a “Kapo” (30 years old) MYRON DECOSTA (39 years old) CARLA DECOSTA (45 years old)	20 years in prison
Narcotics conspiracy (Conspiracy to distribute and possess with intent to distribute crack cocaine.)	KEVIN MORA,     a/k/a “Jaffy” ARTURO MORA,     a/k/a “Etho” (29 years old) WHYKEE JOHNSON	20 years in prison
Possession and discharge of a firearm in furtherance of a drug trafficking crime	KEVIN MORA,     a/k/a “Jaffy” ARTURO MORA,     a/k/a “Etho” WHYKEE JOHNSON (32 years old)	Life in prison Mandatory minimum: ten years in prison, to be imposed consecutively to any other sentence
Narcotics conspiracy (Conspiracy to distribute and possess with intent to distribute 280 grams or more of crack cocaine.)	ALAN ARIAS (25 years old) WALTHER CASTILLO,     a/k/a “Walter” (33 years old) RUDY DELGADO (33 years old)	Life in prison Mandatory minimum: 10 years in prison

[1] As the introductory phrase signifies, the entirety of the texts of the Indictment and the Complaint, as well as the descriptions of the Indictment and the Complaint set forth below constitute only allegations, and every fact described should be treated as an allegation.

NEW YORK CITY CHARTER REVISION COMMISSION KICKS OFF ‘DAYS OF ACTION’ AHEAD OF GENERAL ELECTION

Commissioners, Volunteers, and Staff Will Be Working Throughout the City to Educate New Yorkers on Ballot Proposals for the November 6 General Election

  The New York City Charter Revision Commission will begin hosting Days of Action starting on Tuesday, October 30th as part of its “Flip Your Ballot, Vote on the Issues” public education campaign. During these Days of Action, Commission members, staff and community volunteers will be providing non-partisan public education materials to New Yorkers at high-traffic areas throughout the city, like subway and bus stops, schools, business districts and health care facilities.

These Days of Action will occur through the General Election and are part of the Commission's extensive work informing New Yorkers about the ballot questions. New Yorkers can learn about the ballot questions and sign up to volunteer at FlipYourBallot.nyc or on Facebook, Twitter and Instagram at @NYCCharter.  Last week, the New York City Charter Revision Commission unveiled a new TV ad titled ‘Flip,’ reminding New Yorkers about the three questions that will appear on their ballots.

Who: New York City Charter Revision Commissioner, volunteers and staff

What: Kick off of the General Election Flip Your Ballot Days of Action

When: Tuesday, October 30, 2018 at 4pm-7pm

Where: Citywide, including:

• Bronx: 149th St/3rd Ave on the 2,5 line
• Brooklyn: Court St / Borough Hall station on the 2,3,4,5 line
• Manhattan: 125th St station on the A, B, C, D line
• Queens: 74th St.-Broadway/ Roosevelt Ave. Jackson Heights on the 7, E, F, M,
• Staten Island: Staten Island Ferry-St. George Terminal