In SDNY Tekashi 6ix9ine Case
Aljermiah Mack Attempted Murder Charge
Detailed by US
By Matthew
Russell Lee, Patreon Thread Scope
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
Feb 21 – Daniel Hernandez
a/k/a Tekashi 6ix9ine was
sentenced to 24 months of
total imprisonment on December
18 in a proceeding live
tweeted by Inner City
Press before U.S. District
Court Judge Paul A.
Engelmayer.
On February
17 the US Attorney's Office
asked Judge Engelmayer to
sentence one of the two
defendants convicted at trial
with 69's testimony, Aljermiah
"Nuke" Mack, to at least
thirty years in prison.
Judge
Engelmayer on February 19
ordered, "In reviewing
defendant Aljermiah Mack's
presentence report, the Court
notes that paragraphs 80 and
81 describe serious New York
State criminal charges
(including attempted murder)
that were brought against the
defendant in 2009 but as to
which no disposition is
reported. The Court asks
counsel, forthwith, to
determine and notify the Court
what the disposition was of
those charges."
Now on
February 21, the US has
answered: "Dear Judge
Engelmayer: The Government
respectfully submits this
letter in response to the
Court’s February 19, 2020
Order directing the Government
to determine and notify the
Court concerning the
dispositions of the arrests
set forth in paragraphs 80 and
81 of Aljermiah Mack’s Final
Presentence Investigation
Report (“PSR”). The Government
has reviewed arrest reports,
lab reports, and has consulted
with members of the Kings
County District Attorney’s
Office. On or about July 31,
2009, Mack was alleged to have
shot another individual
several times in the vicinity
of Throop Avenue and Van Buren
Street in Brooklyn. Officers
recovered several .40 caliber
and 9 millimeter shell casings
from the scene. Subsequent to
the shooting, Mack was
identified in a photo array as
the shooter. On or about
August 5, 2009, Mack was
arrested inside his apartment
building on Hancock Street in
connection with the July 31
shooting. At the time of his
arrest, Mack was not wearing a
shirt, so officers walked him
to his apartment to get
clothing. As Mack’s roommate
opened the door to Mack’s
apartment, officers observed
what appeared to be loose
ammunition on a table.
Officers obtained consent to
search the apartment from the
roommate. Officers recovered,
among other things, ammunition
from the apartment and a .40
caliber Smith & Wesson
pistol and a 9 millimeter
Ruger pistol from a bag
outside the door to Mack’s
bedroom. The firearms were
submitted for ballistics
testing, and the shell casings
recovered from the scene of
the July 31 shooting were a
ballistics match to the
firearms recovered from Mack’s
apartment. Based on the above
conduct, Mack was charged in
two separate cases, as set
forth in paragraphs 80 and 81
of the PSR. The July 31, 2009
and August 5, 2009 cases were
eventually consolidated with
the case set forth in
paragraph 73. Based on the
Government’s conversations
with members of the Kings
County District Attorney’s
Office, the Government
understands that the victim of
the July 31 shooting became
uncooperative with the
investigation. Accordingly,
Mack eventually entered a
guilty plea to Attempted
Criminal Possession of a
Weapon in the 3rd Degree –
Ammunition Feeding Device (set
forth in paragraph 73)."
On
Mack, Assistant US Attorney
Michael D. Longyear had
written, "Dear Judge
Engelmayer: Aljermiah
Mack was one of the
highest-ranking members of the
Nine Trey Gangsta Bloods
('Nine Trey'), a violent gang
with members who have
committed numerous acts of
violence and distributed
deadly narcotics throughout
New York City. Mack was
personally involved in the
distribution of narcotics and
he committed acts of
violence. He did all of
this after having been
convicted of several crimes,
including for narcotics and
firearms-related
offenses. To date, the
defendant has refused to
accept responsibility for his
actions. Accordingly,
the Government submits that a
sentence of more than 360
months’ imprisonment is
appropriate in this case... At
trial, cooperating witnesses
Daniel Hernandez and Kristian
Cruz identified the leaders of
both the Prison and Street
Lineups...ion against other
gang members and to enhance
Nine Trey’s reputation.
Both Cruz and Hernandez
testified that Mack robbed
Martin in April 2018 as part
of an ongoing intra-gang
dispute within Nine Trey."
Mack is
set to be sentenced on
February 24. Anthony "Harv"
Elisson's sentencing has been
pushed back to April 1. Inner
City Press will be there.
On
February 12 another of 69's
initial co-defendants Fuguan
Lovick a/k/a Fu Banga entered
in shackles for sentencing by
Judge Engelmayer. Inner City
Press aimed to at least
partially live tweet, but it
was not possible: no phone use
in courtroom and for various
reasons not otherwise
possible. The government was
asking for a sentence of from
90 to 96 months in jail, 84 of
them for pleading guilty to
shooting a gun at the
Barclay's Center in downtown
Brooklyn. Lovick declined to
speak (he had written a
letter); his lawyer Jeffrey
Pittel asked for one day on
Count 6.
Judge Engelmayer noted that
while Lovick had a number of
run ins with the law since
1999, none in the past seven
years, and jobs in Home Depot
and construction. His father
made him sell heroin; he
witnessed a murder on the way
to school.
As to the
shot, Judge Engelmayer said
that Daniel Hernandez was to
give a performance and Lovick
shot a gun over the heads of a
rival rapper's entourage.
Judge
Engelmayer: "I should say that
many shots taken in the
Barclays Center miss" - then
he credited Lovick with
missing his gun shot on
purpose, but still said it was
dangerous. He imposed a
sentence of 85 months, then
three years of Supervised
Release, in Connecticut where
Lovick's son lives. He wished
Lovick, and two relatives in
the gallery, well. And Inner
City Press, prohibited from
live tweeting the thoughtful
sentencing, ran and wrote
this. We'll have more,
including on April 1.
Inner City Press
covered the trial
Hernandez testified at, and
the other sentencings
in the case and will continue
to. The case is US v.
Jones, 18-cr-834
(Engelmayer). More on Patreon
here.
***
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