U.S. v. Santiago, 00 CR. 237(VM).

Citation207 F.Supp.2d 129
Decision Date03 June 2002
Docket NumberNo. 00 CR. 237(VM).,00 CR. 237(VM).
PartiesUNITED STATES of America, v. Jose SANTIAGO, et al., Defendants.
CourtUnited States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York

Aitan D. Goelman, Assistant U.S. Atty., Mary Jo White, U.S. Atty., New York City, for U.S.

Gary S. Villanueva, Ricco & Villanueva, New York City, for defendant.

DECISION AND ORDER

MARRERO, District Judge.

After a two-month jury trial, defendants Jose Santiago (hereinafter "Santiago") and Julius Williams (hereinafter "Williams") were convicted of several offenses arising out of their participation in a criminal enterprise that the Government referred to as "Thief David's Crew." More specifically, Santiago was convicted of three counts and Williams of two counts of a nine-count indictment. With respect to the remaining counts against defendants Santiago and Williams, as well as all counts against defendant Adrian Agostini (hereinafter "Agostini"), the jury was unable to reach a unanimous verdict. At the close of the Government's case-in-chief on February 20, 2002, each defendant moved the Court, pursuant to Rule 29 of the Federal Rules of Criminal Procedure (hereinafter "Rule 29"), for a judgment of acquittal on the respective counts charged against him. Each motion was based on an alleged insufficiency of evidence. The Court reserved decision on the motions pursuant to Rule 29(b). For the reasons discussed below, the motions are denied in part and granted in part.

I. INTRODUCTION
A. FACTUAL BACKGROUND

According to the evidence presented at trial, from some time in 1994 through March of 2000, Santiago, a/k/a "Thief David," Williams, a/k/a "Stinker," and others were members of a drug gang operating on East 137th Street between Brook and Saint Anns Avenues in the Bronx, New York.1 As the leader of the gang Santiago supervised a number of managers and "pitchers," who were responsible for hand-to-hand narcotics transactions on the Block. Those who wished to sell narcotics on Santiago's Block were required to pay him "rent," unless they were members of his gang. Williams and others were the gang's "enforcers," who used violence to protect the gang's narcotics business, collect debts and punish gang members who lost the gang's money or drugs. Other members of the gang routinely carried and used a variety of guns to protect themselves and to maintain control of the narcotics business on the Block. At some point, Santiago, assisted by members of his gang, rented out a space in a building located near 153rd Street and Elton Avenue in the Bronx for the purpose of organizing a nightclub called "The Loft." Santiago and members of the gang used The Loft to earn money and to make connections with other drug dealers. Members of the gang often brought guns to The Loft and other nightclubs to protect themselves in case any conflict arose with other gangs.

Evidence of various acts of violence charged against members of Santiago's gang were presented at trial. For example, on February 3, 1998, a drug addict named Alan McLeod (hereinafter "McLeod") was stabbed to death in front of 600 East 137th Street in the Bronx, New York; on April 19, 1998, Francisco Martinez (hereinafter "Martinez") was shot after a fight broke out at The Loft; and on March 18, 2000 Paul Crowder was slashed with knives in the vestibule of the building at 575 East 140th Street in the Bronx. These acts, as discussed below, figure prominently in a number of crimes for which the three defendants were indicted and in the grounds they assert in support of their respective Rule 29 motions.

B. LEGAL STANDARD

Under Federal Rule of Criminal Procedure 29, a Court "shall order the entry of judgment of acquittal ... if the evidence is insufficient to sustain a conviction of [any charged] offense or offenses." Fed.R.Crim.P. 29(a). In considering such a motion, the Court must decide, based on all of the relevant evidence, whether a rational juror "might fairly conclude guilt beyond a reasonable doubt." United States v. Mariani, 725 F.2d 862, 865 (2d Cir.1984) (quoting United States v. Taylor, 464 F.2d 240, 243 (2d Cir.1972)); accord United States v. Bloome, 784 F.Supp. 23, 25 (E.D.N.Y.1992). A Court must draw all reasonable inferences in favor of the Government, see Mariani, 725 F.2d at 865, and all issues of credibility in favor of the jury's verdict. See United States v. Weiss, 930 F.2d 185, 191 (2d Cir.1991); United States v. Roldan-Zapata, 916 F.2d 795, 802 (2d Cir.1990).

A defendant "challenging the sufficiency of the evidence bears a very heavy burden." United States v. Rivera, 971 F.2d 876, 890 (2d Cir.1992). He or she must establish that, "viewing the evidence in the light most favorable to the government, ... no rational trier of fact could have found the essential elements of the crime charged beyond a reasonable doubt." United States v. Leslie, 103 F.3d 1093, 1100 (2d Cir.), cert. denied, 520 U.S. 1220, 117 S.Ct. 1713, 137 L.Ed.2d 837 (1997) (quoting United States v. Taylor, 92 F.3d 1313, 1333 (2d Cir.1996)).

II. CLAIMS BY JULIUS WILLIAMS

Williams was charged in Counts One, Two, Three, Four, Five, Seven and Eight. Count One charged that Williams, Santiago and others participated in the operation and management of Thief David's Crew through a pattern of racketeering activity, in violation of 18 U.S.C. § 1962 (hereinafter the "RICO statute"). Williams's pattern of racketeering activity allegedly consisted of his participation in at least two of three charged racketeering acts: (1) a narcotics conspiracy from 1994 through March 2000 to distribute and possess with intent to distribute crack cocaine, heroin, and marijuana; (2) the murder of McLeod on February 3, 1998; and (3) the attempted murder of Martinez on April 19, 1998. Count One also charged that Williams participated in and, as a manager of the enterprise, directed others to carry out unlawful activities in furtherance of the conduct of the enterprise's affairs.

To prove that Williams was guilty of violating the RICO statute, the Government was required to establish five elements beyond a reasonable doubt: first, that the criminal enterprise set out in the Indictment existed; second, that Williams was associated with or employed by the enterprise; third, that Williams engaged in a pattern of racketeering activity; fourth, that Williams unlawfully, willfully, and knowingly conducted or participated in the conduct of the affairs of that enterprise through that pattern of racketeering activity; and fifth, that the enterprise affected interstate or foreign commerce. See United States v. Indelicato, 865 F.2d 1370, 1373 (2d Cir.1989) (en banc). Williams asserts that there was insufficient evidence for a rational juror to conclude that the second, third and fourth elements existed.

Specifically he asserts that the evidence neither established that he was part of the RICO enterprise, nor that he was involved in the operation and management of the enterprise. In addition, Williams asserts that there was insufficient evidence for a rational juror to conclude that he had engaged in a pattern of racketeering activity. He argues that there was inadequate proof with respect to the murder alleged in Racketeering Act Three and the attempted murder alleged in Racketeering Act Four. Finally, Williams argues that even if there was sufficient evidence for a rational juror to conclude that he committed the alleged murder and attempted murder, there was insufficient evidence that he conducted or participated in the conduct of the affairs of the enterprise through those acts.

As an initial matter, the Court finds no merit in Williams's claim that he was not a member of Thief David's Crew. During the course of the trial, there was ample evidence that Williams not only sold drugs for Santiago, but that he also served as one of Santiago's enforcers, carrying out discipline in the enterprise and protecting its drug operations from other gangs. At trial, Eric Cabrera (hereinafter "Cabrera") testified that in late 1997, Williams supplied him with crack to sell on several occasions. (Trial Tr. at 768.) Cabrera sold crack on the Block and returned the money from the sales to Williams. (Trial Tr. at 768, 809.) In return, Williams gave Cabrera a twenty percent commission. (Id.)

Michael Cofield (hereinafter "Cofield") testified that at some point after he moved to the Milbrook Houses in September 1997, he started selling narcotics for Santiago. (Trial Tr. at 2422, 2425.) Cofield further testified that he and Williams sometimes sold heroin together for Santiago. (Id.) Aside from selling narcotics, Williams had another role as an "enforcer" of the enterprise. If any of Santiago's sellers could not account for all of their money from narcotics sales, Williams would "come and get it" and if any member of the enterprise was robbed, Williams would "go take care of it." (Id.) According to Cofield, Williams "didn't like to play, he was serious a lot." (Trial Tr. at 2429.) Williams's reputation in the enterprise was that he was "[a] guy not to be messed with." (Id.) On a few occasions, Lawrence Cherry (hereinafter "Cherry"), one of the members of Thief David's Crew, was "short" on the amount of money that he owed Santiago after selling Santiago's narcotics. (Trial Tr. at 2427.) Cherry told Cofield that he was afraid that if he did not provide Santiago with the money he "might get hurt" by Williams or the other "enforcers" of the enterprise. (Id.) In addition to his "enforcer" role, Williams worked for Santiago as a security guard at The Loft. (Trial Tr. at 2428.)

These facts were more than sufficient for a rational juror to conclude that Williams was associated with Thief David's Crew and that he had some part in conducting the affairs of the enterprise. See Reves v. Ernst & Young, 507 U.S. 170, 179, 113 S.Ct. 1163, 122 L.Ed.2d 525 (1993) ("In order to `participate, directly or...

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