Sergeant In Bellevue Shelter
Stomped On Homeless Tyriek Now An SDNY Trial
But Of Whom?
By Matthew
Russell Lee, Exclusive Patreon
SDNY COURTHOUSE,
August 16 – At the Bellevue
homeless shelter on Marcy 6,
2017 the supervising police
sergeant Cordell Fitts ended
up punching, kicking and
stomping on a homeless man's
head 11 times, the government
has alleged - then falsified a
report to obstruct a federal
investigation into this use of
force.
All
this is set to come to trial
before U.S. District Court for
the Southern District of New
York Judge Ronnie Abrams later
this month. On August 16 there
was a pre-trial hearing that
Inner City Press attended and
was surprised to find both
that Fitts, employed by NYC
Department of Homeless
Services, has free Federal
Defender lawyers and that
these publicly funded lawyers
intend to "put on trial" the
homeless recipient of these
blows, including with what he
told EMS and doctors.
While referred to as Victim-1
in early filings, on August 16
the parties repeatedly
referred to the victim as
Tyreek Gladley (phonetic). The
Federal Defenders called him
psychotic, or a paranoid
schizophrenic; the government
put up not much defense of
him. He himself was not
present.
Judge
Abrams read out a number of
erudite decisions on motions
in limine, allowing in a video
of the incident but also some
"character evidence" about the
victim. There
will be only
two
alternates,
for a trial
projected to
last one
week. Jurors
will be asked
their
views on mental illness.
Apparently
those opposing
police
brutality will
be excluded.
Inner City
Press intends
to be there as
much as the
calendaring of
other SDNY
cases permits.
Watch this
site.
Albert
Jiminez-Gonzalez
pled
guilty in
April to
selling more
400 grams each
of heroin,
fentanyl and
cocaine.
His bail was
revoked
and he awaited
sentencing,
which took
place on
August 9. He
had more than
20 friends and
family in the
courtroom of U.S.
District Court
for the Southern
District of
New York
Judge Ronnie
Abrams, and
she noticed.
Jiminez-Gonzalez
said his
months in jail
have taught
him to be a
better son and
uncle and neighbor.
He faced 57-71
months under
the Sentencing
Guidelines, a
book that
earlier on August
9 Circuit
Judge Richard
J. Sullivan
demonstrated
to drug
defendants
Tyquan
Robinson
before saying
he may
well do an upward
departure
from the 10
year mandatory
minimum.
The
difference
appears to be
Robinson's involvement
with a gun,
with a gang,
and even his
rap lyrics.
Jiminez-Gonzalez,
with a
different vibe
and different
trajectory it
seems, got 24 months and
a full five
years of
Supervised
Release. He
asked to
be designated
to Fort Dix in
New Jersey. Robinson, on
the other
hand, had
his sentencing
and probably
upward departure
postponed.
Inner City
Press will
continue to
cover these
cases.
Wander
Reyes
came to the US from
the Dominican
Republic three
years ago
and tried to
find work.
What he found,
and on July 30
was sentenced
to 30 months in
prison for,
was a
conspiracy to
try to rob 15
kilos of heroin
using, among
other things,
a fake police
car.
Before SDNY
Judge
Gregory H.
Woods, Wander
Reyes emphasized
that he is
young and this
just sort of
happened.
Judge Woods, usually
moved by
defendant's
statements, took
issue with
this one.
These things
do not just
happened, he
said, mention zip
ties and fake
guns.
Assistant US
Attorney Celia
V. Woods added
an arrest of
Wander Reyes
for the rape
of a 12 year old.
Judge Woods
said there has
been no
conviction so
he would not
give that
weight. Wander Reyes'
defense
lawyer Zachary
Taylor argued
among other
things that
since Reyes
will in all
probability be
deported after
he serves his
time in US
prison, he
won't pose a
danger "to
Americans."
Still, even
while Judge
Woods said
he expects
an ICE
detainer to be
filed against
Wander
Reyes,
he imposed
three years of
supervised
release. Will
New York State
proceeding on the
rape of 12
year old
charge while
Wander Reyes is in
Federal
prison, or
wait? Or just
forget about it?
Inner City Press
will continue
to follow
these cases.
This case is USA v.
Wander Reyes,
19-cr-192
(GHW).
Back on
July 23 with
the courtroom
nearly full
for a mere
scheduling
proceeding for
Michael
Avenatti,
three stories
beneath a
man was
pleading
guilty and
agreeing to 87
months in
prison in an
nearly empty
courtroom.
There were
only Judge Naomi Reice
Buchwald and
her deputy,
one Assistant
US Attorney,
defendant
Polanco, his
interpreter
and his lawyer
- and Inner
City Press.
The allocution
was not as
smooth as it
might have
been.
Asked
to confirm
that he was
pleading guilty,
Mr. Polanco
said, "What
else can I
do?" This took
some
unwinding: you
could go to
trial.
He said
in Spanish, Tengo
que
ir a juico,
which means, I
have to go to
trial. But one
could also
translate it, I
have to be
brought to justice.
He sold
heroin and
fentanyl to an
undercover
agent. And on
November 5 at
the
same 2:30 pm
he will be
sentenced.
Inner City
Press will
stay on this
and other
cases in the
SDNY.
O
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