Who said Stop and Frisk was finished?

Stop-and-Frisk: Down but Not Out;

NYPD Investigates Bronxite's Video

(One of three officers question 21-year-old Brian Garcia who recorded the encounter.)

By David Greene

BRONX, NEW YORK, MAY 9- A young man's cell phone video captured NYPD officers in Queens telling him he was not being frisked as one officer later informed him -- he was being patted down for weapons.

Brian Garcia, 21, is not ashamed to admit he had succumbed to the drug-flooded streets of the South Bronx and the borough's anti-crime tactics used by the NYPD and had fled to his mother's home in the Rockaways, where the video was recorded.

On April 8, Garcia says he was standing outside of 433 Beach 40 Street and he started shooting his video shortly after officers from the 101st Precinct pulled up in a patrol car.

Standing a few buildings away from his mother's residence, Garcia recalls, "I was outside the building and they were looking and pointing at me, so I started recording them on my cell phone."

On the 1:56 video, after asking Garcia to take his hands out of his pockets, the officer asks, "You got no weapons on you, right?"

The officer then starts to tell Garcia, "I'm just going to..." as he appears to start patting down the young man's pockets, when the young man fires back, "No, I don't give you consent to search me."

The officer repeatedly tells Garcia, "I'm not searching you."

The video shows the officer patting down Garcia's pockets and ankles, when the patrolman is heard telling Garcia, "I searched you to make sure you didn't have any weapons."

According to the New York State Criminal Procedure Law, section 140.50 states the search is allowed if the officer, "reasonably suspects that he is in danger of physical injury."

Garcia is then heard telling the three officers, including one ranking member, "It's unconstitutional," when Garcia is cut off as at least one officer physically struggles with him and the phone now shows only brief moments of the scuffle.

Recalling the moment, Garcia claims, "They went for my phone, but I didn't let them take it." He added that he handed the phone off to a friend so the video would not be erased. He was handcuffed and placed inside the patrol car.

After watching the video, Kate Rubin, the managing director of the Civil Action Practice at The Bronx Defenders, stated, "This video makes it clear that while recorded stops and frisks are down, the NYPD still has a long way to go to ensure that the conduct of individual officers is both lawful and respectful of the communities they serve."

Shortly after reviewing the video, Sergeant Brendan Ryan, a spokesman for the NYPD's Office of Deputy Commissioner of Public Information offered a one-sentence statement that read, "The incident is being investigated by the Commanding Officer of the 101st Precinct."

Speaking on a condition of anonymity, one Queens cop who has made countless stop-and-frisks offered, "There's a lot of things we have to take into account that the public does not see. We also don't know why the officers were there in the first place, but I don't see anything wrong with the stop."

Garcia is currently facing as many as nine years in prison after an April 8, 2013 incident in the Bronx, where he claims a female undercover officer's promise of sex prompted him to take her to the local drug spot when he was later arrested on Simpson Street. Garcia is due back in court on May 21.

For more on this story and to view the controversial video, go to: DavidgreeneNYC.com.   

Tags: stop and frisk

Highbridge News: Bronx Week is Here

Highbridge News: Bronx Week is Here: Bronx Week is Here (Photo by Seitu Oronde) 100 PERCENT By Robert Press BRONX, NEW YORK, MAY 7- T he official start to ...

Bronx Week is Here

Bronx Week is Here

(Photo by Seitu Oronde)

100 PERCENT

By Robert Press

BRONX, NEW YORK, MAY 7- The official start to Bronx Week is Thursday, May 8^th. Bronx Week will run through Sunday, May 18^th ending with the Annual Bronx Week Parade across Mosholu Parkway, and the Music and Food festival that follows the parade. You can go to http://ilovethebronx.com/ , scroll down to the Bronx Week calendar of events to see Bronx Borough President Ruben Diaz Jr.'s letter of invitation to the events, and then browse the six full pages of events that are scheduled. As always there may be some additions that may not be listed or changes to events due to unforeseen circumstances. At the end of each event you will see that the event is free or in the case of a few events there may be a small charge due to the cost of running the event. There are also e-mail listings or phone numbers to call to reserve your place at an event or if you want more information on the event listed.

Bronx Week is being kicked off on Monday. May 5^th with the official announcement by Bronx Borough President Diaz, and his wonderful staff needs to be thanked not only for the great jobs they do every day, but in putting together Bronx Week schedule of events. You will see me at some of the events and as I have the past few years I will cover the Bronx Week Parade along with the Music and Food Festival that you do not want to miss. Hopes are for good weather, but the parade and festival has, and will go on rain or shine. Check my blog at www.100percentbronx.blogspot.com for recaps of events from Bronx Week, and the many photos of the events.

The 13^th Congressional race is heating up now with four official candidates. While it is a two-candidate race between the incumbent Congressman Rangel and his opponent from two years ago there are two other candidates one of which may be the difference in the Democratic primary. Things are different this year as Congressman Rangel's base has shrunk even more, while his opponent State Senator Adriano Espaillat's base has increased. While there were three other candidates in the last election those three candidates drew more votes from Senator Espaillat than Congressman Rangel. This year is another story as Senator Espaillat has picked up many of the Bronx endorsements that Congressman Rangel had in the last election, and the candidate coming out of Congressman Rangel's base is much stronger that the last election. He will pull more votes away from the congressman which should be the deciding factor in what many believe will be the defeat of Charles Rangel. The Hispanic candidate put up by “Political Venturing Businessman” Richard Soto will only help State Senator Espaillat since she is unknown and has little resources, unlike the past election where the other candidates drew votes from Senator Espaillat.

The Bronx State Senate race that should provide enough excitement is the 33^rd State Senate race where the two previous incumbents have wound up on jail, and current 33^rd State Senator Gustavo Rivera still has not answered the question I placed in this column two months ago. I repeat my question to Senator Gustavo Rivera since the acquisitions of election fraud against the good senator from the 2013 special election for the 86^th A.D. have disappeared. Gustavo Rivera are you wearing a wire for the U.S. Attorney or any other law enforcement agency?

The question refers to acquisitions of election fraud in the special election to replace former 86^th A.D. Assemblyman Nelson Castro where candidates who did not win accused Senator Rivera of several election fraud violations which appeared in several news outlets including this paper. Assemblyman Castro was found to be wearing a wire for four years when charges of election fraud against him disappeared so he could become a government informant. As for the most recent charges of election fraud against Senator Rivera Bronx District Attorney Robert Johnson told me that I would not believe whatever he would say, and then said that he could not comment on anything that may be under investigation. Is there a third elected officials from the 33^rd state senate seat in a row under investigation, and possibly headed to jail in the somewhat near future? By the way Senator Rivera's will have a real opponent running against him this year that being Councilman Fernando Cabrera.

Lastly close to 600 people came out in the pouring rain to the Bronx Conservative Party Dinner last Wednesday night. Bronx Conservative Party Chairman Bill Newmark did not disappoint those who braved the rain by having an exciting program with awards to several prominent people in business, public service, and politics. The big hit of the night was the Man of the Year Award which was given to Buffalo Businessman and past candidate for governor Mr. Carl Palidino. Palidino was very honest in telling some great political stories including that he wants to help this year’s Republican candidate for governor Rob Astorino. First however Palidino said that he has to get rid of the New York State Republican Leader Ed Cox who Palidino said needs to be replaced if the NY Republican Party is to move forward and regain its lost power. Check my blog at www.100percentbronx.blogspot.com for more on the Conservative Party dinner and the photos of the many who attended.

If you have any comments about this column or would like to have an event listed or covered in this column or on my blog you can e-mail us at 100percentbronxnews@gmail.com or call 718-644-4199 Mr. Robert Press.

Highbridge News: ‘Mo Class

Highbridge News: ‘Mo Class: ‘Mo Class Street Renamed to Honor #MarianoRivera By Howard Goldin BRONX, NEW YORK, MAY 5- A very diverse crowd gathered on the ...

Highbridge News: ‘Mo Class

Highbridge News: ‘Mo Class: ‘Mo Class Street Renamed to Honor #MarianoRivera By Howard Goldin BRONX, NEW YORK, MAY 5- A very diverse crowd gathered on the ...

‘Mo Class

‘Mo Class

Street Renamed to Honor #MarianoRivera

By Howard Goldin

BRONX, NEW YORK, MAY 5- A very diverse crowd gathered on the northwest corner of 161 Street and River Avenue in front of Yankee Stadium in the late morning of Monday, May 5. A large number of reporters and camera operators were present to cover the event. 

At approximately 11;30 am, the voice of the late Yankee Public Address announcer Bob Sheppard could be heard clearly enunciating “Now coming in #42 Mariano Rivera.” At that moment, Rivera and his wife, Clara, were exiting Yankee Stadium through Gate 6. Immediately the two were besieged by fans and photographers who surrounded them as they were walking.

When the couple were seated on the platform with the other dignitaries, the official program began. Thomas Ferrera, a self-described lifelong Yankee fan, served as emcee. Ferrera spearheaded the campaign to change the name of River Avenue on 161 Street to Rivera Avenue to honor the legendary Yankee closer.

The first speaker, Lonn Trost, the Yankees COO, used a discussion with his wife as a means of informing those in the crowd of the many accomplishments of Rivera on the baseball field and the honors deservedly accorded to him for his achievements. He said closer is the only position in baseball in which there can be no argument or debate as to who is the best, “Mariano Rivera is the best closer in baseball.”

Children from the Highbridge Advisory Council Headstart then led the crowd in the singing of “Take Me Out to the Ballgame.”

Several elected officials (politicians)were present Councilmembers Arroyo and Gibson, as well as representatives of Council Speaker Viverito, Borough President Diaz and Mayor DeBlasio.  

Special note should be taken of one, Congressman Jose Serrano. Not only is he a long-term member of Congress working hard for the residents of his district in the South Bronx, but he is a knowledgeable baseball, specifically Yankee fans. Serrano was wearing a Yankee jacket and his business card is in the form of a baseball card. Unlike many other pols, Serrano can be seen at Yankee Stadium for reasons other than photo ops. Of Rivera, he said, “Mariano is special. I’m sorry to see him go. Someone so special should last forever.”

The name change of the street was approved by the City Council by a vote of 47-0-2 on December 10, 2013 and signed into law one week later by mayor Bloomberg. 

Cary Goodman, the executive director of the 161^st Street BID (Business Improvement District) opined, “It was a long campaign but we’re here.” Goodman was an integral part of the success of the name change being approved as he is in every positive enterprise in the 161 Street neighborhood. His presence in the area is a great benefit to the businesses and the residents.

As if he were again on the baseball field, the proceedings closed after Rivera’s successful performance.

For those who are only familiar with Rivera as a ballplayer, listening to his recital of thanks one can realize his high level of decency, religious devotion and humility, “I want to thank God, above all. I want to thank my wife, who’s put up with me for the 23 years of my career. I want to thank the New York Yankees for letting me play for 19 years. I want to thank this beautiful community of the Bronx. I want to thank you guys, the fans. You were there. Without you, it would have been harder. I thank you for every effort you made. You worked harder than me. I only tried to do my job. God bless you!”

Rivera then climbed a ladder to unveil the new street sign of Rivera Avenue.

Highbridge News: #CC Sabathia Gets Roughed Up

Highbridge News: #CC Sabathia Gets Roughed Up: #CC Sabathia Gets Roughed Up Sabathia Beats Up on Himself By Howard Goldin BRONX, NEW YORK, MAY 5- The inability of the New Yor...