Saturday, July 8, 2023

In Drug Conspiracy Case With Jail Calls Israel Garcia Faces Murder Trial 1 Rap Video Excluded


By Matthew Russell Lee, Patreon

SDNY COURTHOUSE, July 7 – Jevaun Charles and others were charged in a narcotics conspiracy, with guns. 

   On August 2, 2021 U.S. District Court for the Southern District of New York Judge Jed S. Rakoff held back to back bond hearings. Inner City Press covered them both.

 First up was Jason Gonzalez, with his step father in the gallery. The problem was his previous conviction for attempted murder. But, his lawyer pointed out, after that he worked for Door Dash.

Assistant US Attorney Jacob Gutwillig described a jail call to Gonzalez, telling him to collect the bread, which Gutwillig offered meant money, from street level dealers. Gonzalez was detained.

  Next up was Israel Gonzalez. His lawyer pointed out that he had been the dean of a school, and had traveled back to the SDNY by bus after finding out he was wanted on a warrant.

   AUSA Gutwillig countered that this return took a month, that they have a social media posting of the dean with students flashing a gang sign, with the caption, When your students find out you were the Big Homie.

  Gutwillig raised another social media post, of the dean in Panama saying he wanted to be a millionaire by the age of 30.

  "Isn't that the American Dream?" Judge Rakoff remarked. The dean's supporters and seemingly his 9-year old daughter in the gallery perked up.

   His lawyer turned to the jail call - it was the dean who had called Gonzalez - and said it might have been about raising bail money. It was a winning argument. Judge Rakoff said he would release him to home detention, on $500,000 bond. In the gallery, applause. And now this story.

On July 22 Judge Rakoff held a requested bond hearing on Jevaun Charles. It emerged that Charles, detained in Essex, has not been vaccinated.

 Judge Rakoff mused whether he should consider this, under the Bail Reform Act, as a danger to the community - or if getting vaccinated in a week could be a condition of release. As it was it was academic - Charles was not released.

Jump cut to February 2023. With co-defendant Israel Garcia facing a March trial date, on February 16 his indicted was superseded to include the murder of Alphonso McClinton a/k/a Joey by Morris Avenue and 182nd Street in The Bronx, and witness tampering about it.

  The AUSA on February 17, with Inner City Press in the courtroom, told Judge Rakoff they've asked Main Justice about the death penalty, and should know by March. The trial was pushed back to July 10 (Judge Rakoff said he and his wife have entered a ballroom dancing competition in Rome in early August, given rise to good-natured - or envious - laughter from all sides).

A week before trial set for July 10, counsel for Israel Garcia filed a lengthy request to charge - and opposition, including a screen shot of the publication date of "Talkin Hot."

At the final pre-trial conference on July 7, Judge Rakoff excluded a rap video. Then it emerged that the prosecutors aim to get in a second video, on which Garcia raps. Judge Rakoff said he's inclined to exclude that too, on July 10, which would make a defense rap expert moot.

The prosecutors made a record that Garcia is convicted faces life imprisonment - mandatory. Judge Rakoff said 83% of Federal judges oppose mandatory minimums, adding that they impose a trial penalty. But, he said, he would be required to impose the law of the land. Inner City Press is covering the case.

The overall case is US v. Charles, et al., 21-cr-412 (Rakoff)

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