(Amended Friday, November 2, 2007)

GANG MEMBER FOUND GUILTY IN THE DEATH OF A TEN-YEAR-OLD
GIRL - JURY FINDS FATAL SHOOTING WAS A CRIME OF TERRORISM

Bronx District Attorney Robert T. Johnson announced today that a 25-year-old gang member has been convicted of manslaughter as a “crime of terrorism” in the shooting death of a ten-year-old girl outside a church hall in August 2002. This case is the first in which the New York State Anti-terrorism Statute has been used against members of an organized gang who sought to dominate a neighborhood through their criminal acts.

A jury found Edgar Morales guilty of Manslaughter in the 1st degree in the death of Melanny Mendez and Attempted Murder in the 2nd degree in the shooting of Javier Tocchimani. Morales was also found guilty of Criminal Possession of a Weapon in the 2nd degree and Conspiracy in 2nd degree. The jury found that the evidence showed all four offenses to be “crimes of terrorism”.

District Attorney Johnson said: “ These were callous acts that resulted in the life of an innocent child being snuffed out. The jury’s finding of terrorism is significant in determining an appropriate punishment. Ordinarily, a first degree manslaughter conviction is punishable by a maximum sentence of up to 25 years imprisonment, however, since the shooting was found to be a crime of terrorism, the maximum penalty is elevated to 25 years to life imprisonment. Similarly, the maximum sentence on the attempted murder conviction is also elevated to 25 years to life imprisonment. The conspiracy and weapon charges are each punishable by up to 25 years imprisonment. We intend to ask that this defendant be punished to the fullest extent of the law.”

State Supreme Court Justice Michael Gross set sentencing for Wednesday, November 14, 2007 in Part T-11. The People will ask that Morales be sentenced to consecutive terms for the homicide and the attempted murder convictions. If consecutive sentences are imposed, Morales would have to serve at least 50 years before becoming eligible for parole.

The crimes occurred on August 18, 2002 when gunfire erupted outside a church hall at 1891 McGraw Avenue. Melanny Mendez was shot once in the head by a stray bullet during an altercation that began when Morales and other members of the St. James Gang invaded a baptism party that was being held at the church hall. They confronted a man whom they believed to be a member of a rival gang. Words were exchanged prompting the target of the confrontation and a friend, Javier Tocchimani, to leave the party in an effort to avoid further trouble. Morales and Enrique Sanchez followed the two men outside where shots were fired killing young Mendez, a bystander, and paralyzing Tocchimani. Sanchez, who testified against Morales, pled guilty to Murder in the 2nd degree and is facing a term of 15 years to life imprisonment when he appears before Judge Gross for sentencing in December.

District Attorney Johnson said at the time of the indictment in May 2004: “The obvious need for this statute is to protect society against acts of political terror. However, the terror perpetrated by organized gangs which all too often occurs on the streets of New York, also fits squarely within the scope of this statute.”

The jury’s finding that the gang related violence were “crimes of terrorism” was based on the testimony of several witnesses, including Enrique Sanchez, a member of the St. James Gang, and Detective James Shanahan of the NYPD’s Bronx Gang Unit. Detective Shanahan told the jury that the gang initially was formed for protection against other Mexican gangs but by 1999 had evolved into a group that worked hard to cultivate a reputation as the most aggressive and violent Mexican gang in the Bronx. Sanchez also testified that the purpose of the St. James Gang’s existence was to be the most feared of all Mexican street gangs and declare themselves “Kings of the Bronx.”

The jury also heard testimony about numerous crimes that constituted overt acts by the gang which proved the existence of a conspiracy to terrorize an entire community surrounding St. James Park in the Fordham section of the Bronx. These overt acts included firing shots into a crowd of people in a park at East 188th Street and Bathgate Avenue on October 16, 2001; a gang assault causing serious physical injury to a young man at Fordham Plaza on December 2, 2001; the attempted murder of a 15-year-old boy who was shot in the face after leaving a birthday party on April 14, 2002; and firing shots into a crowd of people who were on their way to a birthday party at a hall in St. Nicholas of Tolentine Church on February 21, 2004.

Mr. Johnson said the gang’s agreed upon objective was to carry out a systematic campaign of intimidation in which gang members preyed upon hard working, law abiding citizens, including fellow immigrants from Mexico. The purpose of this wanton violence was to enhance their status and flex the gang’s collective muscle by targeting private parties, restaurants and other business establishments in the Fordham section of the Bronx.

The case is being prosecuted by Christine Scaccia, Director of Gang Prosecutions and Edward Friedenthal, Counsel to the Major Case / Gang Prosecution Bureau.