Sunday, February 12, 2006

DA Morgenthau announces the indictment of thirteen men on drug and gun trafficking charges stemming from "Operation Take Out"

Robert Morganthau
DISTRICT ATTORNEY - NEW YORK COUNTY

News Release
February 10, 2006
Contact: Barbara Thompson
212.335.9400


Manhattan District Attorney Robert M. Morgenthau announced today the indictment of thirteen men on drug and gun trafficking charges stemming from a long-term investigation, known as �Operation Take Out�, into wholesale cocaine dealing, heroin dealing and firearms trafficking at the El Duarte restaurant, located at 3517 Broadway in Hamilton Heights.

Following the execution of arrest warrants and six search warrants throughout Upper Manhattan, 7 of the 13 defendants indicted are in custody. In addition, 13 other defendants were arrested and charged in criminal complaints with participating in related illegal drug activities within the immediate vicinity of the restaurant.

Today�s indictment was the culmination of a long-term investigation conducted jointly by the New York City Police Department�s Manhattan North Narcotics Major Case Squad and the District Attorney�s Firearms Trafficking Unit.

The investigation used undercover detectives and surveillance to infiltrate a group of wholesale narcotics dealers using the El Duarte restaurant on the corner of West 144th Street and Broadway, as their base of operation. The wholesale narcotics sales were conducted as cash-and-carry transactions, often entailing undercover detectives sitting down with the dealers inside the restaurant, exchanging currency for narcotics and then exiting the restaurant with their �take out� order. Customers commonly would place their orders and negotiate prices with one or more of the defendants, who would relay the order to others; those individuals would in turn retrieve the drugs for �delivery� to the customer at the restaurant. In other cases, the delivery of drugs would be made in the neighboring apartment buildings. Other transactions included a similar �drugs to go� scenario in the dining area of a McDonald�s restaurant located at West 145th Street and Broadway, in which the narcotics trafficker would package cocaine for his customers in McDonald�s take out bags.

The dealers indicted today made �weight� sales of narcotics to lower level drug dealers, who would in turn re-sell the product to users at other locations. These dealers sold cocaine in powder form, available throughout the day at negotiable prices per gram, in large quantities. In all, undercover detectives made 14 narcotics buys constituting class A felony offenses from these dealers. In addition, two of the defendants, MARTIN MARTINEZ and JOHN DOE GLASSES, have been charged with selling a gun to an undercover police officer and one defendant, WALLY RAMIREZ, was charged with selling an imitation controlled substance to an undercover officer.

The following individuals were indicted in connection to this investigation:

MARTIN MARTINEZ, a/k/a �Lalo,� FELIX RAMIREZ, a/k/a �Fran,� HECTOR BOCIO, a/k/a �Waldia,� JULIO TAVERA, a/k/a �Blue,� JOSE PEREZ, a/k/a �Charlie,� ANGEL ROJAS-MERCED, a/k/a �C,� JOHN DOE WHITE, WILLIAM JEREZ, a/k/a �Eddie,� PENA DIESON, a/ka, �Gringo,� DOMINGO VARGAS, a/k/a �Domingo,� CHRISTOPHER NUEZ, a/k/a �J,� WALLY RAMIREZ, a/k/a �Jesus,� and JOHN DOE GLASSES.

The Firearms Trafficking Unit was created in May of 1993 to investigate and prosecute the sources of illegal firearms in New York City. The unit targets gun traffickers, including unlicensed street sellers, and corrupt licensed dealers who provide significant numbers of firearms to street gangs, narcotics crews, and organized crime. The investigation was handled by Assistant District Attorney Jordan Arnold, who will prosecute the case with Assistant District Attorney Christopher Prokop, under the supervision of Unit Chief Dan M. Rather.

Mr. Morgenthau would like to thank Inspector Kenneth Cully, Captain Gerard Staples, Lt. Stephen Betts, Sergeant Michelle Turner, case Detective Marc Valentin, and the undercover detectives of the Narcotics Borough Manhattan North Major Case Squad.

Criminal Sale of a Controlled Substance in the First Degree is a class A-I felony which is punishable by up to 20 years in prison, or more if the defendant is a prior felon. Criminal Sale of a Controlled Substance in the Second Degree is a class A-II felony which is punishable by up to 10 years in prison or more if the defendant is a predicate felon. Criminal Sale of a Firearm in the Third Degree is a class D violent felony which is punishable by up to 7 years in prison. Sale of an Imitation Controlled Substance is a misdemeanor which is punishable by up to 1 year in jail.


Defendant Information:

INDICTED:

MARTIN MARTINEZ, a/k/a �Lalo,� * FELIX RAMIREZ, a/k/a �Fran,�
Martin Martinez DOB: 2/28/1958 Felix Ramirez DOB: 1/30/1959
651 W. 158th St. 2070 Clinton Avenue
New York, NY 10031 Bronx, NY 10457
1 count CSF 3, 3 counts CSCS 1 1 count CSCS 1
Maximum sentence: 67 years Maximum sentence: 20 years

HECTOR BOCIO, a/k/a �Waldia,� JULIO TAVERA, a/k/a �Blue,� *
Hector Bocio DOB: 8/14/1955 Julio Tavera DOB: 4/27/1963
529 W. 141st St. Basement Apt. 500 W. 144th St. Apt. 4H
New York, NY 10031 New York, NY 10031
2 counts CSCS 1 1 count CSCS 1
Maximum sentence: 40 years Maximum sentence: 20 years

JOSE PEREZ, a/k/a �Charlie,� ANGEL ROJAS-MERCED, a/k/a �C�
Jose Perez DOB: 1/08/1963 Angel Rojas-Merced DOB: 9/18/1971
740 Riverside Dr. Apt. 4K 3592 Broadway
New York, NY 10031 New York, NY 10031
3 counts CSCS 1 1 count CSCS 1
Maximum sentence: 60 years Maximum sentence: 20 years

JOHN DOE WHITE * WILLIAM JEREZ, a/k/a �Eddie,� *
Address unkown DOB: unknown William Jerez DOB: 5/16/1968
815 Fox Ave. Apt. 1A
Bronx, NY 10459
1 count CSCS 1 1 count CSCS 2
Maximum sentence: 20 years Maximum Sentence: 10 years

PENA DIESON, a/ka, �Gringo,� DOMINGO VARGAS, a/k/a �Domingo,� *
Pena Dieson DOB: 7/5/1969 Domingo Vargas DOB: 12/24/1964
547 W. 142 St. 607 W. 139th St. Apt. 1B
New York, NY 10031 New York, NY 10031
2 counts CSCS 1 2 counts CSCS 2
Maximum sentence: 40 years Maximum sentence: 40 years

CHRISTOPHER NUEZ, a/k/a �J� WALLY RAMIREZ, a/k/a �Jesus,� *
Christopher Nuez DOB: 3/15/1986 Wally Ramirez DOB: 1/27/1980
615 W 144th St. Apt 4D 640 W. 140th St.
New York, NY 10031 New York, NY 10031
3 counts CSCS 1 1 count CS Imitation CS
Maximum sentence: 49 years Maximum sentence: 1 year

JOHN DOE GLASSES *
Address unknown DOB: unknown

1 count CSF 3
Maximum sentence: 7 years



* Still being sought


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DISTRICT ATTORNEY - NEW YORK COUNTY


News Release
February 10, 2006
Contact: Barbara Thompson
212.335.9400



Manhattan District Attorney Robert M. Morgenthau announced today the indictment of two teenagers on charges stemming from the gunpoint robbery of a 19-year old Manhattan resident in East Harlem last week. A third individual is still being sought by law enforcement.

GILBERT CRUZ, 18, and JOVANY FLORES, 15, have been indicted for Robbery in the First and Second Degrees and Criminal Possession of Stolen Property. The robbery occurred on February 1, 2006 in front of a building on the corner of East 119th Street and First Avenue. CRUZ will be arraigned today in New York State Supreme Court. He is in custody in lieu of $15,000 bail. FLORES was arraigned on February 9th and released on $3,500 bail.

The investigation leading to today�s action revealed that the victim was entering his building at about 1:30am when he was confronted by FLORES, CRUZ and the unapprehended young man who was holding the gun. The defendants took the victim�s coat and two cell phones and fled. The victim followed the three defendants and told the police the direction in which they were headed. Later that day, after further investigation, FLORES and CRUZ were arrested. The police recovered one of the victim�s cell phones from CRUZ and the second cell phone was recovered from FLORES. The investigation into the whereabouts of the third individual continues.

Robbery in the First Degree is a class B felony which is punishable by up to 25 years in prison; Robbery in the Second Degree is a class C felony which is punishable by up to 15 years in prison; Criminal Possession of Stolen Property in the Fifth Degree is a class A misdemeanor which is punishable by up to one year in jail.

Assistant District Attorney Patricia O�Connor presented the case to the grand jury and will be in charge of the prosecution.

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