Friday, August 14, 2026

Bronx Defendant Got 35 Years In Case with Rap Lyrics Quoted, Co-Defendant Apologizes



Bronx Defendant Got 35 Years In Case with Rap Lyrics Quoted, Co-Defendant Apologizes

By Matthew Russell Lee, Patreon Maxwell Book

SDNY COURTHOUSE, Aug 11 – A young man detained as part of a Bronx gang case asked in mid 2022 to be released on bail. But the US Attorney's Office opposed it, citing among other things rap lyrics.

On June 24, 2022 U.S. District Court for the Southern District of New York Judge Jed S. Rakoff held an in-person bond hearing. Inner City Press went and covered it. 

The Assistant US Attorney, beyond describing bullets in a backpack said the defendant has appeared in videos on YouTube with lyrics such as "they call me war" and "I'll empty my ten round clip... hunt you down because you rat us out." 

 Judge Rakoff found a danger to the community (and did mention songs and videos, and much else). The defendant remained detained.

 Jump cut to February 22, 2023 when after several delays lead defendant Andrew Done was up for sentencing. His submission noted, among many other things, growing up next to the Dominican Chernobyl. But "ANDREW DONE, a/k/a “Caballo,” the leader of the “Shooting Boys” gang, was sentenced today to 35 years in prison for the November 5, 2020, murder of Angel Barreiro in the Bronx and other racketeering offenses.  DONE previously pled guilty before United States District Judge Jed S. Rakoff, who imposed the sentence."

On April 10, the US asked for 154 to 171 months imprisonment for co-defendant Moises Fontanez, describing his stealing a car, robbing a home in New Jersey, and shooting into a crowd at 180th Street and Grand Concourse in The Bronx on July 31, 2020.

On May 2, Moises Fontanez was sentenced to 132 months.

On August 8, Federal Defenders asked for a custodial sentence of substantially less than 42 months for Malvin Restituyo, who they say has an IQ of 69 and whose guilty plea Magistrate Judge Barbara Moses referred back to Judge Rakoff "given her concerns about his competence."

Restituyo was shot in the head as a child. In The Bronx he delivered food for a woman named Mangu on 176th Street. He used the basement there to fix motorbikes - and, it turned out, to let others - Done - store guns and call him "Puto."

The US Attorney's Office wrote in requesting 97 to 120 months.

Inner City Press attended sentencing on August 15. Restituyo's Federal Defender said his client would find the MDC to be dangerous; he recounted a recent seizure in the MDC in which there was no staff member in or near the unit and the response took 25 minutes.
 
  Judge Rakoff wondered out loud about the (federal) Government looking so closely at Rikers Island when the MDC is so bad. He said $40,000 a year for a dangerous and complicated job is not enough. He sentenced Restituyo to 42 months and wished him well.

Jump cut to August 11, 2026 when co-defendant Diaz's email letter to the court and prosecutor was docketed, complete with apology to the family of the victim.

The overall case is US v. Done, et al., 22-cr-192 (Rakoff) 

***

@SDNYLIVE courthouse #CourtCastCast
                              200 Worth Street
Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

Feedback: Editorial [at] innercitypress.com

Mail: Box 130222 NY NY 10013




Other, earlier Inner City Press are listed here, and some are available in the ProQuest service, and now on Lexis-Nexis.

 Copyright 2006-2026 Inner City Press, Inc. To request reprint or other permission, e-contact Editorial [at] innercitypress.com