Saturday, January 21, 2023

Man Who Pled to Gun Is Found To Have Shot at Police So Gets 30 Years But Judge Says Fishy

 

By Matthew Russell Lee, Patreon Maxwell Book

SDNY COURTHOUSE, Jan 18 -  Jamar Baker was allowed to plead guilty to being a felon in possession of a fire arm. Then the government added that he had fired on a police man after ramming his car, and asked for five years in prison.

  In the U.S. District Court for the Southern District of New York on January 4, Judge Lewis A. Kaplan held a Fatico hearing. Inner City Press was there.

 On the stand was NYPD Officer Frank Garrido. He described getting tapped and then rammed by a car, variously described as grey or black, silver or even white.

  Maker's Federal Defender cross examined, implying that there was something suspicious about Officer Garrido calling Officer Joseph instead of 9-1-1. He focused on the lack of damage to the cars, while Judge Kaplan pointed out that if a car is going 70 mph and is hit from behind by one going 71 mph, it might not leave a dead. The Federal Defender said he respectfully disagreed, which Judge Kaplan noted.

  Ultimately Judge Kaplan found by a preponderance of the evidence, the applicable standard, that Baker was in the car and was the shooter, and that he fired at the victim. Sentencing was set for January 18 at 11 am.

Inner City Press attended the sentencing. Baker's lawyer urged Judge Kaplan to stick to the guidelines agree with the US Attorney's Office. Baker said he was sorry, and noted that there were no friends or family members in the courtroom gallery (only Inner City Press).

Judge Kaplan called the conduct serious, and imposed 30 months consecutive to the sentence on the Violation of Supervised Release.  Then he urged the US Attorney's Office to convey to the precinct's Commanding Officer to look into Officer Garrido's conduct, saying that something smelled fishy, like a fish past its sell-by date. Inner City Press has submitted a Freedom of Information Law request. Watch this site.

The case is US v. Baker, 22-cr-200 (Kaplan)

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