GANG MEMBERS CHARGED WITH TERRORISM FOR MURDER, ASSAULT, AND OTHER OFFENSES IN EFFORT TO CONTROL A BRONX NEIGHBORHOOD

Bronx District Attorney Robert T. Johnson and New York City Police Commissioner Raymond Kelly announced today that a grand jury has included acts of terrorism in filing charges of conspiracy, murder, gang assault and other offenses against members and associates of a violent street gang.

Some of the charges have been brought pursuant to the New York State Anti-terrorism Statute which raises their level of seriousness if specified crimes are committed with "the intent to intimidate or coerce a civilian population". This case appears to be the first in which the Anti-terrorism Statute has been used against members of an organized gang who sought to dominate a neighborhood through their criminal acts.

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

Commissioner Kelly said: "This group terrorized St. James Park and the surrounding community with their brutality".

The grand jury, in a seventy count indictment, alleges that the defendants, members of or affiliated with "The St. James Gang" conspired to "intimidate or coerce a civilian population". The gang’s agreed upon objective, according to the indictment, was to "control an area bounded by Webster Avenue on the east, University Avenue on the west, East 205^th Street on the north, and East 170^th Street on the south". The crimes charged are as follows: Conspiracy in the 2^nd degree, Murder in the 2^nd degree, Manslaughter in the 1^st degree, Attempted Murder in the 2^nd degree, Assault in the 1^st and 2^nd degrees, Gang Assault in the 1^st and 2^nd degrees, Attempted Assault in the 1^st and 3^rd degrees, Attempted Robbery in the 1^st, 2^nd and 3^rd degrees, Criminal Possession of a Weapon in the 2^nd, 3^rd and 4^th degrees, Unlawful Possession of Pistol or Revolver Ammunition, Reckless Endangerment in the 1^st degree, and Menacing in the 2^nd degree.

Mr. Johnson said: "This indictment paints a picture of an ongoing and 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 by these defendants was to enhance their status. It is alleged that the defendants attempted to flex the gang’s collective muscle by targeting private parties, restaurants and other business establishments in the Fordham section of the Bronx."

Detectives this morning executed five arrest warrants on charges filed in the indictment against a total of nineteen alleged members and associates of the St. James Gang. These arrests are the result of a joint investigation by the New York City Police Department’s Bronx Gang Unit and the Bronx District Attorney’s Gangs/ Major Case Bureau. The investigation, which began in August 2002, is continuing and additional arrests are expected including at least five other gang members already in custody on other charges.

The most serious charge in the indictment, Murder in the 2^nd degree as a terrorist act, concerns the death of ten year old Melanie Mendez. The child was shot once in the head on August 18, 2002 when gunfire erupted outside a church hall at 1891 McGraw Avenue. Mendez was struck by a stray bullet during an altercation that began when the defendants invaded a baptism party and confronted a man whom they believed to be a member of a rival gang. In an effort to avoid trouble, the man left the party with a friend. The two were followed outside where shots were fired killing Mendez, a bystander, and seriously injuring the friend, Javier Toccimani. Murder in the 2^nd degree as a crime of terrorism is punishable by a mandatory sentence of life imprisonment without the possibility of parole.

Other overt criminal acts charged in the conspiracy count in the indictment include the following:

- Gang members harassed and robbed customers at the Diamante Poblano Restaurant on numerous occasions between September 18, 2001 and May 6, 2004.

-Shots were fired into a crowd of people in a park in the vicinity of 188^th Street and Bathgate Avenue on October 16, 2001.

- Gang assault causing serious physical injury to Luis Morocho, 21, at the time of the incident which occurred at Fordham Plaza, on December 2, 2001.

- Attempted murder on April 14, 2002 . Ricky Sandoval, 15 , at the time of the incident, was shot in the face after leaving a birthday party for a 15 year old relative of a St. James Gang member. Sandoval was an invited guest, whom the defendants believed to be a member of a rival gang.

- Attempted murder on August 19, 2002. Raymondo Julian, 22, when the incident occurred, was slashed in the throat slashed when a gang member attempted to steal a gold chain that the victim was wearing.

- Shots were fired into a crowd of people in the vicinity of University Avenue near Fordham Road on February 21, 2004. The targets of the attack were on their way to a party being held at St. Nicholas of Tolentine Church.

- The illegal possession of firearms and other dangerous weapons and ammunition on numerous occasions.

Also cited as one of the overt acts in furtherance of the alleged conspiracy was the possession, by one of the subjects of the investigation, of a membership list and record of dues paid.

The five defendants arrested this morning have been identified as Edgar Morales, 22, (aka Puebla), of 2701 Valentine Avenue, the Bronx; Jose Cortez, 22, (aka Chino), of 2801 Valentine Avenue, the Bronx; Robert Torres,22, (aka Victima, Enrique Salas, Torres Henriquez), of 2565 Grand Concourse, the Bronx; Cupertino Prarro, 31, (aka Viejo Chievo, Bravo Cupertino), of 37-36 88^th Street, Queens; and Juan Diaz, 29, (aka Rayo, John Diaz), of 2350 Creston Avenue, the Bronx.

Morales has been charged with conspiracy, murder, manslaughter, attempted murder, assault, gang assault, and criminal possession of a weapon as acts of terrorism. He is facing prison terms ranging from twenty five years to life without the possibility of parole. The most serious offense involves the August 18, 2002 shooting death of ten year old Melanie Mendez.

Cortez, Prarro, Diaz, and Torres have been charged with Conspiracy in the 2^nd degree and are facing a maximum term of twenty five years imprisonment.

District Attorney Johnson and Commissioner Kelly expressed appreciation for the teamwork between NYPD’s Bronx Gang Unit and the Bronx DA’s Gang Prosecution / Major Case Bureau that resulted in this indictment.

The case is being prosecuted by Assistant District Attorney Christine Scaccia, Director of Gang Proseuctions, and Assistant District Attorney Meredith Holzman.