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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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