By Daniel Katzive
Captain Neil Zuber, commanding officer of the 20th Precinct, shed some light on why the suspect in this month’s spree of armed robberies was charged with federal crimes, at this month’s Precinct Community Council meeting.
As reported by the West Side Rag last Saturday, the arrest in the series of robberies of fruit stands, taco trucks and other businesses in the 20th and neighboring precincts, occurred in the 26th Precinct after the suspect was chased from the scene of a holdup by a civilian and arrested by officers in St. Nicholas Park in West Harlem.
The Captain noted that federal laws would allow the suspect, Ryan Little, 37, to be charged more effectively with the series of crimes committed, and help keep him off the streets. According to documents filed in federal court, Little, was hit with Hobbs Act robbery and firearms charges, including “felon in possession,” and is being held without bail.
The Hobbs Act is a federal law that targets any individual who “…obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section….” according to Cornell University’s Legal Information Institute.
In contrast to this case, a suspect in a series of pickpocket thefts of elderly victims was caught this month in the process of committing a crime, Captain Zuber reported. He is off the street for now, but will only be charged in state court with the “live crime” for which he was arrested, while his other crimes are being treated as “deferred prosecutions.”
In terms of the level of crime in the precinct, Captain Zuber indicated overall numbers are down this month. Crimes against property did rise, but this includes crimes perpetrated electronically and by telephone. He cautioned that the numbers would likely rise, as the warmer weather and Lincoln Center’s full program will draw larger numbers of visitors to the neighborhood over the summer.
Community feedback at the meeting, which was attended by a representative from the Sanitation Department, centered on quality-of-life concerns, including the disorderly behavior of a particular homeless individual and the mess being created by a sidewalk bookseller in the neighborhood. The Captain indicated the precinct was aware of the issues and working to address them, but stressed that there are limits to what officers can do under the law.
The Captain welcomed and introduced 11 new officers fresh from the police academy and commended them for joining at a difficult time for police work. In response to a question, he noted that even with these new officers, the precinct’s staffing remains well-down from where it was in past years.
The next meeting of the 20th Precinct Community Council, which is open to the public, will be held on May 26, at 7pm, in the precinct house at 120 West 82nd Street, between Columbus and Amsterdam Avenues.
Update: Several readers wanted more details about how and why this case was handed over to the “feds.” Captain Zuber provided them:
“The Manhattan robbery squad were the lead investigators for this case since it was a pattern of several robberies encompassing more than one precinct. Once the arrest was made they immediately contacted the assistant US attorney, because certain criteria were met that allowed the option of a federal prosecution. All parties agreed that federal prosecution was beneficial and preferable in this case, and the feds took it.”
“Deferred prosecution” is actually the District Attorney refusing to prosecute.
I think DA Bragg knows something about that.
Great work by NYPD and smart to find the optimal way to sentence.
I am curious how they need the law changed to enable them to better deal with issues. I’m not saying that we should create a police state with overly punitive laws, but if small tweaks would enable the police to make us safer, I am very supportive. Because it seems like there is some low-hanging fruit that could easily be dealt with.
“…find the optimal way to sentence.”
Hold your horses! Here in the USA, we don’t sentence anyone until they’ve had a trial and been found guilty (or pleaded guilty).
The NYS Penal Laws are good. It’s the new Criminal Procedure Laws re bail and a District Attorney who refuses to prosecute causing angst .
Yes, my earlier point exactly. We should jump through the hoops to get violent offenders off the street.
The law hasn’t been changed. Hobb’s act was used before:
https://www.justice.gov/usao-edny/pr/queens-man-pleads-guilty-six-gunpoint-robberies
It is sad though that we have to resort to using federal law instead of New York one for the crimes like this.
In the third to last paragraph it says that in relation to some other issues, “there are limits to what officers can do under the law.”
This is what I was referring to. How does the law need to be changed to address these other issues, which seem to be a frequent problem in the neighborhood?
After reading this article I still don’t understand how the federal law is being used. Do the police at their discretion take the case to the feds as opposed to the local DA? Do the local DA and the feds confer? Can we expect to see more of this? Any feedback from the mayor on this?
I’m glad to see it being done given Alvin Bragg’s blatant disregard for public safety, I just don’t understand how it works in practice.
He was robbing food trucks, which made it a federal crime due to, ““…obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section…”
Excellent work Captain Zuber! He is willing to take steps outside of local laws to prosecute offenders that would otherwise be released by a soft Judge or District Attorney. Too many dangerous criminals are being released without bail these days. Not cool when our Officers are tied up and innefective! I just hope Captain Zubers attempts are not in vain.
Given the broad language of the Hobbs Act cited in this article, why isn’t every shoplifting case just turned over to the feds under this law? They would all seem to be covered by the language and, since the State courts/prosecutors can’t/won’t do anything, why not federalize all these crimes?
I look forward to a set of interviews with legal experts on this. I suspect this is a big story on a change in tactics and it would be great to read more. Hats off to the Rag for covering the neighborhood like no one else.
Finally, a possible solution to this liberal liberal backed, bail reform fiasco. If you do the crime, then you must do the time.
Wish we had more permanent solutions
[…] thank West Side Rag for this info. They, in turn, thank Cornell U’s Legal Info […]
I am happy that the Westside Rag mentions the 20th Police Precinct unlike the Weside Spirit.