| Four Charged
with Killing Michael K. Williams
Cartagena Got a Decade Now Reduction
Denied
By Matthew
Russell Lee, Patreon Substack
SDNY COURTROOM,
June 7 – The four defendants
detained for the death of
Michael K. Williams were
presented in court on August
12, 2022. Inner City Press was
the only media in the
courtroom. And see Aug
18 video Q&A here
On August
12, 2022 U.S. District Court
for the Southern District of
New York Judge Ronnie Abrams
held an in-person proceeding.
Inner City Press went and
covered it.
There were four
defense lawyers, and three of
the defendants.
It was
said that one of the defense
lawyers could not start a
trial earlier than July 15,
2023. Judge Abrams said that
was too slow, and defendants
nodded. One of them was
resisting wearing his COVID
mask.
A trial
date of May 15, 2023 was
selected. Then the three
defendant, in yellow prison
jumpsuits, were led to the
elevators of 40 Foley Square.
Previously SDNY
said IRVIN CARTAGENA, a/k/a
“Green Eyes,” was charged in a
criminal complaint unsealed
yesterday in Manhattan federal
court with a narcotics
conspiracy in which he
distributed the fentanyl-laced
heroin that resulted in the
death of Michael K.
Williams. In another
criminal complaint unsealed
today, co-conspirators HECTOR
ROBLES, a/k/a “Oreja,” LUIS
CRUZ, a/k/a “Mostro,” and
CARLOS MACCI, a/k/a “Carlito,”
were charged as members of the
fentanyl and heroin
conspiracy. CARTAGENA
was arrested in Puerto Rico
yesterday and is expected to
be presented tomorrow in
federal court in Puerto
Rico. ROBLES, CRUZ, and
MACCI were arrested.
On August 11,
2023, the US Attorney's Office
asked Judge Abrams on August
18 to sentence Cartagena to
180 months, or "to the extent
the Court is inclined to
sentence lower, the Government
respectfully submits that such
a term should be no less than
144 months."
On August 18,
2023, Cartagena was sentenced
to 120 months, or ten years.
He was taken down in the 40
Foley Square elevators by U.S.
Marshals, followed in another
elevator car by Williams'
nephew Dominic Dupont. Inner
City Press went down to Foley
Square, too, and asked Dupont
what he thought of the
sentence. He replied, among
other things, There are no
winners here today. Video here
On June 7, 2024,
Judge Abrams denied Caragena's
application for a sentencing
reduction under Amendment 821,
finding him not eligible.
More including
analysis on Substack here
On April 4, 2023,
Macci pled guilty to a lesser
included offense: "Change of
Plea Hearing as to Carlos
Macci held on 4/4/2023.
Defendant (4) Carlos Macci
present. Defendant pleads
guilty to the lesser included
offense of Count One of the
Indictment. Sentence is
scheduled for July 20, 2023 at
11:00 a.m. Defendant shall
remain in custody."
On April 5,
Irving Cartegena was bought in
the the courtroom in a yellow
jumpsuit (presumably in Essex
County Correctional Facility -
it's not in the docket) to
plead guilty. Inner City Press
was in the courtroom, with
three others in the gallery.
Cartegena read an allocution
in Spanish. Sentencing was set
for August 18 at 3 pm.
On June 19 -
Juneteenth - counsel for
co-defendant Luis Cruz, who
pled guilty, sought to adjourn
his August 4 sentencing until
"late September," due to
counsel's July 11 murder trial
before Judge Jed S. Rakoff (US
v. Garcia, 21-cr-412), and a
brief in Adelglass 23-6193.
On July 25, Macci
was up for sentencing and got
30 months after Michael K.
Williams' nephew Dominic
Dupont spoke. Inner City Press
live tweeted it, thread:
OK - now
sentencing of Macci has begun.
Judge Abrams described death
of "actor and activist Michael
K. Williams." Macci is using a
Spanish interpreter.
Assistant US
Attorney: This is a difficult
case. The defendant has over
20 prior convictions, many of
them are drug convictions.
Since 2016, his four sentences
have been time served, with no
deterrent impact. He's been
using and selling drugs for a
long time
AUSA: We
gave this a lot of thought. He
never even learned to read; he
speaks only Spanish although
he has been living in NYC for
quite some time. Even the
defense seems to admit that
being in jail has helped him.
Defense
counsel: I was a big fan of
Michael K. Williams. But Mr.
Macci was also a victim. He
was on the block for the same
reason Michael K. Williams
was. But he didn't have the
chance to use that block as
his store, his bodega - it was
his home. He steered people
Defense: My
client was like the man who
lives behind a restaurant and
drags garbage bags, hoping to
be compensated. Judge Abrams:
He was selling drugs. For
years. Defense: The government
acknowledge how out of control
fentanyl and overdoses are.
Defense:
Mr. Macci is a different kind
of victim, for sure. He was
there perpetuating his own
addiction. Defense: Mr.
Williams was opposed to mass
incarceration. He said, "The
blame lies on no one but me,
my addiction lies on me." I
suggest send Macci to a
residential facility, a
glimmer of hope for Mr. Macci.
No sentence will fix the
problem. He is a product of it
Defense: None of
us are better off with Mr.
Macci dying in prison. Mr.
Williams wrote, "Everyone is a
work in progress." AUSA: The
Pre-Sentencing Report Para
78-79, he was distributing.
[The PSR is sealed.] I want to
say, this Office pursues
aggressively fentanyl
Judge
Abrams: Would any family
members of Mr. Williams wish
to be heard?
AUSA: Give me a
moment.
Judge Abrams: Or
they could speak on one of the
other defendants. That's up to
you. Dominic Dupont: I'm the
nephew of the late great
Michael K. Williams. I am
thinking of people who have
faced the problems of Mr.
Macci, poverty and substance
abuse disorder, a lack of
services, those things are
real. What can we do to help
these people?
Dupont:
Selling poison to people is
not right. It weighs on me,
someone in the situation Mr.
Macci is in. I understand what
it is to be system-impacted.
We have a responsibility to
provide help, but also create
the right balance. You're not
dead, you're not done
Judge
Abrams: I have struggled with
my decision. The guideline is
168 to 210 months. I generally
vary downward in drug cases
where guns and violence are
not involved. But they sold
heroin laced with fentanyl, 50
times more potent. 5 of 8
overdoses are due to it
Judge
Abrams: After fentanyl-laced
heroin killed Mr. Williams,
Mr. Macci kept selling it. I
consider his age, neglect and
poverty, his illiteracy and
disability. Mr. Macci, please
stand. I sentence you to
prison for 30 months, followed
by one year of treatment
Judge
Abrams: You may appeal, Mr
Macci, in forma pauperis.
People don't need to be
defined by the worst mistake
they ever made. Stick with
treatment. You can get your
GED, & a job. We can
help. Adjourned
More with
analysis on Substack here
On August 4
Cartagena, for this August 15
sentencing, pointed out that
he began heroin at 13 or
younger, versus Macci's 21
years old. Anyone, he says,
could have sold the lethal bag
he did. Robles and Cruz are
worse, he says.
On September 26,
counsel for Luis Cruz asked
for time served: 19 months.
Cited are his three children,
and friends in Williamsburg.
On October 3, the
US Attorney's Office put in
its submission on Luis Cruz,
asking for 72 months in
prison.
On October 10,
Cruz got 5 years: "JUDGMENT IN
A CRIMINAL CASE as to Luis
Cruz (3). THE DEFENDANT:
pleaded guilty to count (1).
IMPRISONMENT: 60 months. The
court makes the following
recommendations to the Bureau
of Prisons: It is recommended
that the defendant be
designated to a facility in or
near New York and that he
participate in the RDAP
Program. The defendant is
remanded to the custody of the
United States Marshal.
SUPERVISED RELEASE: 3 years.
ASSESSMENT: $100.00 due
immediately. (Signed by Judge
Ronnie Abrams on 10/10/2023)."
On October 13,
for Hector Robles, the US
Attorney's Office wrote in to
ask for 84 months.
On October 20,
docketed October 23, Robles
got five years: "JUDGMENT In A
Criminal Case. Date of
Imposition of Judgment:
10/20/2023. Defendant Hector
Robles (2) pleaded guilty to
Count(s) 1. Count(s) Any open
counts are dismissed on the
motion of the United States.
IMPRISONMENT: 60 months."
The case is
USA v. Cartagena, et al.,
22-cr-92 (Abrams)
***
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