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For Molotov Cocktails At NYPD 2d Circuit Reply Filed To Mattis and Rahman Being Freed

By Matthew Russell Lee, Patreon Soundcloud
BBC - Guardian UK - Honduras - The Source

FEDERAL COURTHOUSE, June 3 –  Amid protests about the murder of George Floyd, late on May 30 the U.S. Attorney for the Eastern District of New York got a complaint signed by  Magistrate Judge Sanket J. Bulsara about a Molotov cocktail attack on an NYPD vehicle. Inner City Press, which covered the protested in Foley Square and at One Police Plaza on May 29 (video here and edited here), and aftermath on Fifth Avenue on May 30, publishes the complaint (later-written song on Soundcloud).

 "Defendants Colinford Mattis and Urooj Rahman, both residents of Brooklyn, were arrested in a van early Saturday morning while allegedly in possession of explosive device components shortly after Rahman hurled a Molotov cocktail at an NYPD vehicle before fleeing with Mattis. As detailed in the complaint charging Mattis and Rahman, an NYPD surveillance camera recorded Rahman tossing a Molotov Cocktail at an unoccupied NYPD vehicle parked near the 88th Precinct in Brooklyn, New York and then fleeing in a tan minivan. Officers pursued the minivan and arrested Rahman and Mattis, who was the vehicle’s driver. The NYPD recovered several precursor items used to build Molotov Cocktails, including a lighter, a bottle filled with toilet paper and a liquid suspected to be gasoline in the vicinity of the passenger seat and a gasoline tank in the rear of the vehicle."

  On the afternoon of June 1, the defendants were presented before EDNY Magistrate Judge Steven M. Gold." Inner City Press covered and live tweeted it, here.

Samantha Shader did not seek bail, and is detained. Both Rahman and Mattis were ordered released on $250,000 bond - but the US Attorney sought and got a stay of release, pending appeal to the Part 1 Judge, District Judge Margo K. Brodie.

  Inner City Press live tweeted that proceeding at as well, here. Judge Brodie upheld Magistrist Judge Gold's order of release. At the end, she denied Assistant US Attorney Ian Richardson's request for a 24 hour stay in order to confer with the Solicitor General for an appeal to the Second Circuit Court of Appeals. It was confirmed that the "U.S. Attorney’s Office intends to appeal Judge Brodie’s decision to the Second Circuit," per Office's Public Information Officer John Marzulli.

 On June 2, the appeal was filed, full text on Patreon here. And now on June 3 an EDNY reply (to a filing we hope to also obtain and publish), including that "In order to firebomb the NYPD vehicle, the defendants had to: (1) purchase or gather the bottles, incendiary liquid, and other materials necessary to construct Molotov cocktails; (2) prepare the incendiary device; (3) search for an NYPD vehicle to attack; and (4) conduct the attack. In addition, the defendants sought to equip others with such explosives and to encourage them to attack law enforcement. The defendants did not make one bad decision “in the heat of civil protest”; they carefully and rationally planned and executed this attack, and played bomb-maker for others to do the same. The defendants claim they are not “thugs or anarchists,” but those assurances ring hollow in light of their actions. 5. The defendants also appear to minimize their conduct by describing the NYPD vehicle as “empty and previously vandalized.” Id. at 2. But even if the defendants had been certain the vehicle was 3 abandoned, their attack had obviously foreseeable and dangerous consequences: the risk to civilians in the vicinity, as well as to law enforcement who would investigate the fire and firefighters who would try to extinguish it. 6. Second, the defendants argue that the government has not established “irreparable injury” because the likelihood that the defendants will commit another violent attack is “theoretical.” See June 3, 2020 Declaration of Sabrina Shroff at 2." Full EDNY filing on Patreon here.

  Complaint: "ELAINE SILADI, being duly sworn, deposes and states that she is a Special  Agent with the Federal Bureau of Investigation, duly appointed according to law and acting  as such.  Causing Damage by Fire and Explosives – Police Vehicle  On or about May 30, 2020, within the Eastern District of New York, the  defendant SAMANTHA SHADER did knowingly, intentionally and maliciously damage,  and attempt to damage and destroy, by means of fire and one or more explosives, a vehicle  and other real property used in interstate and foreign commerce and in an activity affecting  interstate and foreign commerce, to wit: a New York City Police Department vehicle in  Brooklyn, New York.  (Title 18, United States Code, Section 844(i))  2  The source of your deponent’s information and the grounds for her belief are  as follows:
 
On or about May 30, 2020 at approximately 1:12 a.m., an individual,  later identified as the defendant SAMANTHA SHADER, approached a New York City  Police Department (“NYPD”) vehicle parked in the vicinity of Eastern Parkway and  Washington Avenue in Crown Heights, Brooklyn. A video provided to law enforcement  from a witness captured the events.

The video initially shows the defendant SHADER light  an incendiary device – specifically, a bottle containing an incendiary chemical (sometimes  referred to as a “Molotov cocktail” device) – while an unidentified male attempts to shield  SHADER from onlookers. SHADER thereafter throws the Molotov cocktail at the NYPD  1 Because the purpose of this Complaint is to set forth only those facts necessary to establish probable cause to arrest, I have not described all the relevant facts and circumstances of which I am aware.  3  vehicle, which was occupied by four NYPD officers. The Molotov cocktail shattered two  windows of the NYPD vehicle on impact and caused internal damage to the NYPD vehicle.  An image of the defendant Shader throwing the Molotov cocktail is shown below and the  video provided by the witness is appended by reference." Watch this site. 

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