Bronx Man
Was Charged With Crack and Gun by Mitchell
Houses Now Arau Asks for 7 Years
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
Jan 29 – Xavier Arau was
charged with selling crack
with a gun near the Mitchell
Houses in the
Bronx.
On September 21, 2021 U.S.
District Court for the
Southern District of New York
Judge Mary Kay Vyskocil held a
proceeding. Inner City Press
covered it.
The
complaint cites a Confidential
Source-1 with prior state
convictions for robbery and
narcotics, and provides info
for money.
On
September 21, 2021 there was
talk of a cell phone seized
from the defendant.
Jump cut to
September 16, 2022:
co-defendant Roberto Espinosa
was brought into the SDNY
Magistrates Court, the last
presentment of the day. But
the CJA lawyer on duty might
have a conflict of interest.
They went out into the hall,
and when they returned she was
appointed only for
presentment. After detention
on consent, there was talk of
re-doing the appoint of
counsel next week, as the next
all-defendant proceeding (on
October 4 at 2 pm) would be
too busy.
On August 14,
2023 before Judge Vyskocil,
lead defendant Xavier Arau was
brought in in MDC tan and
pleaded guilty to Count 3. His
sentencing was set for
December 7 (his counsel
declined a November 29 date).
There were two other people in
the gallery, where Inner City
Press was: apparently Arau's
parents.
On January 29,
Arau's counsel wrote in, now
for a February 12 sentencing,
and asked for the 7 years or
84 months mandatory minimum.
She said he held a gun in a
group photo but did not
actually brandish it. He wants
to move upstate and not back
to The Bronx, she writes.
On October 16,
2023 counsel to co-defendant
Juan Manuel Reyes-Cruz wrote
in asking for a below
guidelines sentence on October
30, noting that he is in
another case before Judge
Broderick for the same
conduct, and citing the PSR by
Mitigation Specialist Kristin
Hogan of 888 Grand Concourse
in The Bronx. She, or he,
describes Mott Haven in The
Bronx as "wild"
On October 24,
the US wrote in, quoting the
defendant dancing in jail with
knives, the video of which was
posted with the caption "The
Mitch getting sturdy in the
feds they be home." The Mitch
is the Mitchell Houses, the
prosecutors say - and ask for
ten years.
Juan Reyes'
sentencing was pushed to
December 8. On December 5,
co-defendant Jamie Wilkins
pled guilty, with sentencing
set for March 28, 2024 at 11
am.
On December 7,
co-defendant Davion Trusty
pleaded guilty, with
sentencing April 16, 2024 at
11 am.
The case is US v.
Arau, et al., 21-cr-570
(Vyskocil)
***
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