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For 5 Armed Robberies in April from Subway to Dunkin Donuts SDNY Detention Affirmed

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, May 31 – Tyrone Hardy had a bail hearing on April 23 before U.S. District Court for the Southern District of New York Magistrate Judge Sarah L. Cave. Inner City Press was there, the only media in the SDNY Mag court. Thread:

Prosecutor: He is charged with five armed robberies - but we believe he committed more than double that, which we'll present to the grand jury. When arrested, he had a 9 mm in the truck of his car, piles of cash in the glove box..

Prosecutor: In a post-arrest statement he admitted to participating in the five charged robberies, and more including out in Queens. He IDed himself in security camera stills. (A Dunkin Donuts on Broadway, 7/11 on 2d Av, stole $400, US says)

Prosecutor: Every step of the defendant's spree was captured on video.  We seek detention. 

Federal Defender: The government has the burden of the proof. Sure these are serious charges. But there were not injuries, no discharge of firearm. 

Federal Defender: He has no criminal history in New York. There was something in Maryland. Pre-Trial Services recommends release to home confinement. He has extensive ties to NY. He attends church in NY. He is a tattoo artist and has a potential address

 Federal Defender: His release could be conditioned on a visit to his mother in law's house. His phone, the police have it, it has all his numbers on it.

 Judge: Is his tattoo work in a particular location? Federal Defender: He travels from job to job  Judge: Where does his mother in law live? Federal Defender: In Manhattan.

Judge: US, he used 2 guns?

 Prosecutor: We have seven robberies in SDNY, and six outside, mostly in Queens. All with guns. On April 10, the Dunkin Donuts, the employee wrestled the gun away 

 Judge: Was the first gun loaded?

Prosecutor: I'm not 100% sure. As to no injuries, it's only by the grace of some higher authority. If you look at the video from the Dunkin Donuts, even with a gun pointed at him he went after the employee 

Prosecutor: He told the agents he found the robberies easy and started doing them with a car, to do multiples. He also said his tattoo business is not bringing in much. Judge: The car, was it registered in his name? Prosecutor: It was rented, we don't know by whom 

Prosecutor: He was being driven from robbery to robbery by two women. Judge: I'll take a break to think about this. All rise! [Judge retires to robbing room.]

 Judge is back. Judge: Mr. Hardy, in this case I find that the government has met its burden and you will be detained. There is a presumption of detention as these are crimes of violence. You are a danger to the community. Five armed robberies, an altercation  

Judge: The US says once you lost one gun in the Dunkin Donuts [altercation] you quickly got another one. You had a loaded firearm when arrested. You will be detained.

On May 31, Federal Defenders wrote appealing Hardy's continued detention, noting guns that were unloaded and that he had no prior criminal convictions and as a tattoo artist would have his clients come to him. A hearing was held on June 5 at 4:30 before District Judge Analisa Torres, apparently as Part 1 judge, after her US v. Guo trial day.

On July 2, with the Guo trial now into the defense case, Judge Torres affirmed Magistrate Judge Cave's detention of Hardy, albeit finding that "At the bail appeal hearing, the parties disputed whether Hardy also “push[ed] away a female customer who was trying to intervene” during the Subway Robbery. Appeal Tr. at 6:7–7:2. Having reviewing the footage, which appears to show Hardy merely “plac[ing] his arm out to create space,” the Court agrees with defense counsel’s characterization of the events. Id. at 6:24–25." But Judge Torres found both danger and risk of flight, so detention will continue.

The case is US v. Hardy, 24-mj-1595 (Cave)


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