by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, July 16 – 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, amid a bench trial. (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 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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