| Charged
With Armed
Robberies
Including of
Food Truck by
NYU Valez
Withdraws Bail
Bid
By Matthew
Russell Lee, Patreon Maxwell
book
SDNY COURTHOUSE,
Feb 3 –
Two
men charged
with six armed
robberies on
Monday night
into Tuesday
were presented
in Federal
court on
Wednesday
evening with a
request by the
US Attorney's
Office to
detain
them.
One
defendant,
Carlos Perez,
consented to
detention
without
prejudice to
applying for
bond
later.
The
second, Alvin
Perez, sought
and obtained
an order for
release on
bond, once his
brother
co-signs a
$75,000
unsecured
bond.
The
Assistant US
Attorney asked
for a stay to
appeal to the
so-called Part
1 Judge,
Andrew L.
Carter, but
was denied.
Inner City
Press, present
in the U.S.
District Court
for the
Southern
District of
New York
Magistrates
Court for the
arguments,
will follow
this.
The proceeding
began with
Velez' Federal
Defender
seeking to get
the complaint
dismissed, for
failure to
even allege
the interstate
nexus required
for Hobbs Act
robbery.
She
cited a 2020
Second Circuit
Court of
Appeals case,
US v.
Perrotta,
for the
proposition
that threats
to (or here,
attacks on) a
person who
works for a
business
engaged in
interstate
commerce is
not
enough.
The
AUSA said the
food truck
targeted by
NYU takes
credit cards.
Magistrate
Judge Jennifer
E. Willis, who
several law
enforcement-side
sources
pointed out
was, until
appointment,
with the
Federal
Defenders
(Inner City
Press covered
her cases and
praised her
work) declined
to dismiss,
because it is
only a
probable cause
standard at
this stage.
But she called
the nexus
"shaky."
Perhaps for
that reason,
after hearing
arguments on
Velez' release
including his
rap sheet, she
agreed to
release to
home detention
on a $75,000
bond, to live
with his
brother (who
was not
present in
court), with
release be to
be presaged by
his and two
other
signatures.
While
Magistrate
Judge Willis
denied the
AUSA's request
for a stay
through 5 pm
on February 2,
the US
Attorney's
Office could
appeal to the
Part 1 Judge
in the
morning. That
judge was and
is Paul G.
Gardephe but
he is not
mentioned in
the docket.
Instead,
on February 3
Federal
Defenders
wrote to
Magistrate
Judge Willis:
Mr. Velez was
ordered
detained until
after his
brother signed
the bond for
his release.
Mr. Velez
remains
detained.
Following
conversations
with counsel,
Mr. Velez now
respectfully
move to
withdraw his
bail
application
and consent to
detention
without
prejudice to
any future
bail
application."
Judge Willis
endorsed it.
Did
the brother
not come
forward to
sign? Watch
this site.
It
is not clear
how notice,
which Inner
City Press has
previously
requested,
would be
given. Nor is
it clear, if
Velez is
released, if
he will be
detained and
remanded on a
New York State
parole
warrant. Inner
City Press
will stay on
the case,
which is US v.
Velez,
23-mj-818
(Willis).
***
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