| Bronx
Defendant Got 35 Years In Case with Rap
Lyrics Quoted Now Co-D Asks Less than 42
By Matthew
Russell Lee, Patreon Maxwell
Book
SDNY COURTHOUSE,
Aug 8 – A young man detained
as part of a Bronx gang case
asked in mid 2022 to be
released on bail. But the US
Attorney's Office opposed it,
citing among other things rap
lyrics.
On June 24, 2022
U.S. District Court for the
Southern District of New York
Judge Jed S. Rakoff held an
in-person bond hearing. Inner
City Press went and covered
it.
The Assistant US
Attorney, beyond describing
bullets in a backpack said the
defendant has appeared in
videos on YouTube with lyrics
such as "they call me war" and
"I'll empty my ten round
clip... hunt you down because
you rat us out."
Judge
Rakoff found a danger to the
community (and did mention
songs and videos, and much
else). The defendant remained
detained.
Jump cut to
February 22, 2023 when after
several delays lead defendant
Andrew Done was up for
sentencing. His submission
noted, among many other
things, growing up next to the
Dominican Chernobyl. But
"ANDREW DONE, a/k/a “Caballo,”
the leader of the “Shooting
Boys” gang, was sentenced
today to 35 years in prison
for the November 5, 2020,
murder of Angel Barreiro in
the Bronx and other
racketeering offenses.
DONE previously pled guilty
before United States District
Judge Jed S. Rakoff, who
imposed the sentence."
On April 10, the
US asked for 154 to 171 months
imprisonment for co-defendant
Moises Fontanez, describing
his stealing a car, robbing a
home in New Jersey, and
shooting into a crowd at 180th
Street and Grand Concourse in
The Bronx on July 31, 2020.
On May 2, Moises
Fontanez was sentenced to 132
months.
On August 8,
Federal Defenders asked for a
custodial sentence of
substantially less than 42
months for Malvin Restituyo,
who they say has an IQ of 69
and whose guilty plea
Magistrate Judge Barbara Moses
referred back to Judge Rakoff
"given her concerns about his
competence."
Restituyo was
shot in the head as a child.
In The Bronx he delivered food
for a woman named Mangu on
176th Street. He used the
basement there to fix motorbikes
- and, it turned out, to let
others - Done - store guns and
call him "Puto."
The US Attorney's
Office wrote in requesting 97
to 120 months.
The overall case
is US v. Done, et al.,
22-cr-192 (Rakoff)
***
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