| On Man Who Fired Gun at Car
Headed His Way SDNY Judge Rakoff
Got Video so Time Served
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
Aug 6 – On October 8, 2022 a
man fired a gun at a car
bearing down on him, which
ultimately crashed into a
storefront.
So
summarized Assistant US
Attorney Peter Davis on July
16 in the courtroom of U.S.
District Court for the
Southern District of New York
Judge Jed S. Rakoff. Inner
City Press was there.
New
York State charges were
dropped due to ADAs' inability
to meet new discovery
deadlines. Defense counsel on
July 15 said the client would
plead to some by not all of
the VOSR specification, and
asked for a sentence of time
served: the 18 months spent on
Rikers Island before the state
case was dismissed.
But Judge
Rakoff asked, did the car
target the defendant before he
shot? Or afterwards? He said
he will need to see the video,
and scheduled a next hearing
for August 6 at 2 pm. (He
asked for a filing to be due
on August 1, a day he quipped
would otherwise live in infamy
as it is his
birthday).
The July 31
filing by the US Attorney's
Office, as least as available
in PACER, has only still
images from the video.
On August 6,
Inner City Press went to the
hearing. Judge Rakoff said the
video was ambiguous as to
Specifications 1 and 2,
attempted murder and attempted
assault. He took a plea to the
gun charge and said, since 18
months had been served in
state custody, time served and
two years of supervised
release would be the sentence.
The docket on
PACER has almost none of this
- but watch this site. The
overall case is US v. Pena, et
al., 18-cr-637 (Rakoff)
***
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