By Matthew Russell Lee, Patreon
SDNY COURTHOUSE, Feb 9 – Omari Williams was arrested and presented on October 23, 2020 and has been detained since, amid testing. On July 28, 2021 co-defendant Tyreek James pleaded guilty, and now seeks to cap his sentence at five years, see below. But Omari Williams remains in the ether.
On January 13, 2021 U.S. District Court for the Southern District of New York Judge John G. Koeltl held a proceeding. Inner City Press covered it.
Judge Koeltl said, with initial co-defendant Tyreek James on the line, "Is Mr. Williams here?"
No, was the answer - refusing to be produced or attend these proceedings. On PACER, still under the Magistrates Court docket, there were two Orders to Continue in the Interest of Justice, dated November 23 and December 23.
Where is Mr. Williams?
Apparently, s/he was in the Essex County jail and wants out. His CJA lawyer Kenneth Montgomery offered some consent on Williams' behalf.
On August 12, 2021, Ms. Omari Williams appeared from the MDC in Brooklyn, shouting that Montgomery was being fired. But the new CJA could not be found. Then yes: Jacqueline Cistaro. Judge Koeltl came up and began to slowly question. Williams said, You called me Mister, I'm Ms.
I'm calling you Ms., Judge Koeltl said, and did. But Williams hung up, and despite a request the MDC would not force a return to the phone.
Eventually Williams did come back on, and the new CJA lawyer was appointed. Williams shouted about a thumb drive of legal research being stolen from him in custody. A September 28 date at noon was selected. Inner City Press will stay on this case.
The complaint, back from May, was about a Porsche stolen from the 13th Street garage and driven across the George Washington Bridge into New Jersey.
On January 14, in advance of that, the US Attorney's Office proposed to Judge Koeltl an order authorizing the US Marshals and Essex Corrections "to use reasonable force necessary to remove the defendant, Omari Williams, from his cell in the Essex County Correctional Facility to be arraigned."
On January 22, force was authorized. But it didn't work. AUSA Sam Rothschild on January 27 wrote to Judge Koeltl that "On January 27 the defendant appeared remotely for his arraignment but before he could be arraigned, he became irate, hung up the phone and left the room." So a new order proposed and signed, included the use of restraints.
The US has proposed another order, for a psychological evaluation: "the defendant expressed a desire to represent himself and also made statements to the effect that he is not psychologically ready to deal with this matter."
On February 1, this: "ORDER as to Omari Williams: During a January 29, 2021 conference in this matter, the defendant expressed a desire to represent himself and also made statements to the effect that he is not psychologically ready to deal with this matter... IT IS FURTHER ORDERED that, if such an evaluation cannot be performed at the facility where the defendant is housed, the defendant forthwith be designated to a suitable facility."
On February 9 the US filed, under seal, a "Mental Health Treatment Summary" it received from Essex County Correctional Facility.
On February 19, this: "Re: United States v. Omari Williams, 20 Cr. 701 (JGK) Dear Judge Koeltl: As further follow up to the Government’s letters dated February 8, 2021 (Dkt. 32) and February 9, 2021 (Dkt. 34), the Government respectfully writes to inform the Court that, on February 19, 2021, the Government was informed that as a next step toward having the defendant undergo the psychological evaluation ordered by the Court (Dkt. 27), the defendant was transferred from the Essex County Correctional Facility to the Metropolitan Correctional Center on February 17, 2021. The Government will continue to update the Court as the Government receives further information."
In the case of another SDNY defendant, a mental evaluation has caused him to be flow to Cimarron Correctional Facility in Oklahoma and from there, who knows. Inner City Press received this: "HORGE, ERNEST no longer has access to the Trust Fund Limited Inmate Computer System; therefore, he/she may not send or receive messages."
On April 9 on Omari Williams, this: "The conference scheduled for April 21, 2021 is adjourned until May 26, 2021 at 9:00 am. Because a continuance is in the interest of justice and is needed to assure the effective assistance of counsel, the Court prospectively excludes the time from today, April 9, 2021, until May 26, 2021, from Speedy Trial Act calculations. The Court finds that the ends of justice served by granting the continuance outweigh the best interests of the defendants and the public in a speedy trial. This Order is entered pursuant to 18 U.S.C. § 3161(h)(7)(A). In addition, with respect to Mr. Williams, the Court is awaiting a report as to the mental competency of Mr. Williams to proceed."
On July 29, Tyreek James has pleaded guilty: before Judge John G. Koeltl:Change of Plea Hearing as to Tyreek James held on 7/28/2021. Deft James pres w/atty Tamara Giwa. AUSA Kevin Mead. Reporter Rebecca Foreman. Deft James changes plea of not guilty and enters plea of guilty to Count Two of information. Sentence date 11/5/2021 at 10:00am. PSI ordered. Deft contd detained."
On March 11 a sentencing memo for Tyreek James was filed, with some medical information redacted. But for a downward variance precedents were cite: US v. Zonie Square, 15-cr-80 (Wood), in which a felon in possession got time served (ten months) with reporting every six months. And US v. Rowe, 21-cr-19 (Cote), five years probation and quarterly reports for cyberstalking, as summarized by Tyreek James' Federal Defender.
On March 16 the US Attorney's Office submitted its sentencing memo asking for 92 to 114 months, stating that "on August 8, 2019 the defendant and Williams robbed a barbershop in Albany... then on August 16" they robbed a parking garage on West 59th Street in Manhattan, then another.
On March 25, Tyreek James was sentenced to 86 months, concurrent: "Sentencing held on 3/25/2022 for Tyreek James (1) Count 2. Deft James present... Deft sentenced to 86 months on Count 2; concurrent with sentences in Albany, Schenectady Counties; 3 years supervised release; $399 forfeiture; $774 restitution. (jbo)."
And Omari Williams? Next conference was set for April 26, 2022.
Inner City Press called it in cover the proceeding. But after a long time, it was pushed back to an in-person proceeding in May. Williams' lawyer described MDC officers not giving a functional pencil, they putting paper where Williams couldn't read it. Judge Koeltl issued this: "SPEEDY TRIAL ORDER as to (20-Cr-701-2) Omari Williams. The parties are directed to appear for a conference on Tuesday, May 3, 2022, at 11:00 am."
Inner City Press went on May 3 - but Omari Williams was not there. Then this: "Minute Entry for proceedings held before Judge John G. Koeltl:Status Conference as to Omari Williams held on 5/3/2022. Deft Williams not pres. Atty Carlos Santiago. AUSA Sam Rothschild. Reporter Wanda Wilkins. Adjourned to 5/10/2022."
And for that, force was authorized: "ORDER as to Omari Williams: For good cause shown, if the defendant refuses to be present for any proceedings in United States v. Omari Williams, 20 Cr. 701 (JGK), the Court hereby authorizes the U.S. Marshals Service and the Metropolitan Detention Center to use reasonable force necessary to remove the defendant, Omari Williams, from his cell in the Metropolitan Detention Center to be brought to proceedings in United States v. Omari Williams, 20 Cr. 701 (JGK). (Signed by Judge John G. Koeltl on 5/4/2022)."
Then on May 10: "Minute Entry for proceedings held before Judge John G. Koeltl: Plea Agreement Hearing as to Omari Williams (2) held on 5/10/2022. AUSA Elinor Tarlow for the Government. Sanders Denis for Efrain Granados-Corona. Mr. Denis relieved as counsel. Avraham Moskowitz, CJA appointed... Minute Entry for proceedings held before Judge John G. Koeltl: Plea entered by Omari Williams (2) Guilty as to Count 4. ORAL ORDER as to Omari Williams (2). Sentencing set for 9/14/2022 at 04:30 PM before Judge John G. Koeltl."
Sentencing was postponed - counsel wrote in that "Ms. Williams is still housed at the MDC even after the Court's May 10, 2022 recommendation that Ms. Williams be transferred to Essex County Jail to be placed in that facility's alternative lifestyle unit."
In the run-up, the US Attorney's Office has asked for more than 86 months: "the Government respectfully submits that a significant incarceratory sentence—between the 86-month term of imprisonment imposed on codefendant Tyreek James and the 105-month term of imprisonment recommended by Probation—but a sentence below the stipulated Guidelines range of 151 to 188 months’ imprisonment is sufficient but not greater than necessary to serve the purposes of sentencing."
On February 9, 2023 the sentencing occurred: Minute Entry for proceedings held before Judge John G. Koeltl: Sentencing held on 2/9/2023 for Omari Williams (2) Count 4. 2/9/2023 Deft sentenced to 78 months imprisonment on Count 4, to run concurrently with undischarged conviction in Schenectady County Court; 3 years supervised release. All open counts dismissed on Gov't motion."
This case is US v. Williams, 20-cr-701 (Koeltl)
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