United States v. Juvenile Male

844 F. Supp. 2d 333, 2012 WL 593539
CourtDistrict Court, E.D. New York
DecidedFebruary 24, 2012
DocketNo. 11-CR-717 (JFB)
StatusPublished
Cited by6 cases

This text of 844 F. Supp. 2d 333 (United States v. Juvenile Male) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Juvenile Male, 844 F. Supp. 2d 333, 2012 WL 593539 (E.D.N.Y. 2012).

Opinion

MEMORANDUM AND ORDER

JOSEPH F. BIANCO, District Judge:

On October 20, 2011, the government filed a Juvenile Information (“Information”) against defendant Juvenile Male (“the defendant”) charging him with one count of conspiracy to commit murder in aid of racketeering, 18 U.S.C. § 1959(a)(5); one count of murder in aid of racketeering, 18 U.S.C. § 1959(a)(1); one count of brandishing and discharging a firearm during a crime of violence, 18 U.S.C. § 924(c)(l)(A)(ii) and (iii); and one count of causing the death of another through the use of a firearm, 18 U.S.C. § 924(j)(l). The government subsequently moved, pursuant to 18 U.S.C. § 5032, to transfer the [335]*335case to district court in order to prosecute the defendant as an adult. On February 6, 2012, after written submissions had been filed with the Court, the Court conducted an evidentiary hearing on the government’s transfer motion.1 This Memorandum and Order contains the Court’s findings pursuant to 18 U.S.C. § 5032.

For the reasons set forth herein, the Court finds that transfer of this case to district court for prosecution of the defendant as an adult is warranted in the interest of justice. More specifically, as discussed in great detail below, after conducting a hearing and carefully analyzing the statutory factors, the Court concludes in its discretion that the government has met its burden of proving by a preponderance of the evidence that the defendant’s transfer to adult status is warranted.

Applying the statutory factors, it is clear that this is a compelling case for transfer to adult status. First, the nature of the alleged offense—the murder of a fifteen-year-old at a crowded house party using a rifle with a scope—overwhelmingly favors, in the interest of justice, transferring the case to district court so that the defendant can be prosecuted as an adult. Moreover, this murder is alleged to have been committed as part of the defendant’s participation in the racketeering activity of the violent La Mara Salvatrucha (“MS-13”) street gang. Thus, the Court finds that the nature of the alleged offense is entitled to special weight in this case. The juvenile justice system, including the limited sentencing options available in that system if the defendant is found guilty (such as the statutory maximum of five years’ incarceration), is simply ill-equipped and woefully insufficient, under the circumstances of this case, to adequately address, in the interest of justice, these grave charges when considered in conjunction with the other statutory factors. Second, with respect to the statutory factor regarding thé age and social background of the defendant, he allegedly committed the offense when he was sixteen years and three months old, and he is now eighteen years old. The defendant grew up in a stable, loving family, yet still turned to gang activity, based upon his prior record and as alleged in the Juvenile Information. Although defendant’s age at the time of the alleged crime weighs against transfer, his current age and family background tip this factor slightly in favor of transfer. Third, the defendant’s prior juvenile record, which includes several periods of time in juvenile detention centers, repeated probation violations, and adjudications for menacing and assault, strongly favors transfer. In fact, the defendant is alleged to have participated in the murder only eleven days after the defendant’s release on bail from the Nassau County Juvenile Detention Facility. The fourth factor, the defendant’s present intellectual development and psychological maturity, is a neutral factor in determining whether to transfer the defendant to adult status. Specifically, although Dr. Sanford L. Drob (“Dr. Drob”), the psychologist who examined the defendant for the defense, determined that the defendant is socially, inter-personally, and emotionally immature, he also concluded that the defendant is of average intelligence with reasonably strong verbal and non-verbal reasoning [336]*336abilities. (November 21, 2011 Report of Dr. Sanford L. Drob (“Drob”) at 9-10.) Thus, this factor neither weighs against nor in favor of transfer. Fifth, the factor regarding past treatment efforts supports transfer because the defendant’s lengthy history of recidivism undermines Dr. Drob’s findings that the defendant has a good chance of achieving rehabilitative goals, and demonstrates that the defendant has not responded positively to past treatment. Finally, although the sixth factor weighs against transfer given the apparent availability of out-of-state juvenile facilities that would have programs designed to treat the defendant’s behavioral problems, this factor does not outweigh the other factors. In particular, the serious and violent nature of the offense and the defendant’s extensive criminal history and recidivism in the face of rehabilitative efforts overwhelmingly favor transfer. In short, after considering and weighing all of the statutory factors, as discussed in detail below, the Court has determined that the interest of justice would be served by treating the defendant as an adult in this case.

I. The Charges2

The charges against the defendant stem from his alleged involvement in MS-13, a criminal enterprise based in El Salvador and operating in Long Island, Queens, and elsewhere in the United States and Central America. (Gov’t Mem. of Law at 2-3.) On Long Island, MS-13 is alleged to have engaged in street wars with rival gangs that have resulted in the murder, shooting, and assault of MS-13 and rival gang members, as well as their families and innocent bystanders. (Id. at 2-3.) Twenty-five defendants allegedly associated with MS-13 have been charged with various crimes in a 70-count superseding indictment filed on March 3, 2011 in United States v. Prado, No. 10-CR-074 (JFB).

As set forth in the government’s transfer motion, the defendant has been charged in connection with the murder of fifteen-year-old “C.H.” According to the allegations in the government’s submissions, on November 20, 2009, several members of the MS-13, including co-conspirator # 1 (“CC-1”), co-conspirator # 2 (“CC-2”), co-conspirator # 3 (“CC-3”), and co-conspirator # 4 (“CC-4”) (collectively, “co-conspirators”) held a meeting in which they discussed carrying out an attack against rival gang members. (Id. at 5.) The defendant, who at the time was not yet a member of MS-13, but was an associate seeking admission to the gang, was present at the meeting.3 (Id. at 6.) During the meeting, the defendant and his co-conspirators agreed that they would attack a house in Brentwood, New York where they believed rival gang members would be attending a house party. (Id. at 6.) The [337]*337defendant agreed to be one of the shooters in a murder at the Brentwood house. (Id.) After the meeting, the co-conspirators provided defendant with a .22 caliber rifle outfitted with a scope, and provided CC-3 with a .25 caliber semiautomatic handgun. (Id.)

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Bluebook (online)
844 F. Supp. 2d 333, 2012 WL 593539, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-juvenile-male-nyed-2012.