NY court considers: Is gang member a terrorist?

ALBANY, N.Y. In August 2002, a New York City street gang crashed a christening party, shouted out their superiority, confronted a rival and started a fight that left a 10-year-old girl dead and someone else paralyzed.

On Tuesday, New York's top court will consider whether one of the gang members is a homegrown terrorist.

Edgar Morales, a member of the Mexican-American gang the St. James Boys, sought to intimidate an entire population and deserves more prison time than others convicted of the same crimes, Bronx prosecutors say. They got him convicted for the shooting death in 2007 under the state's anti-terrorism statute, the first case of its kind in New York.

"Violent crime committed by a street gang constitutes a crime of terrorism ... when it is motivated solely by the intent to establish a gang's 'street credentials' as the toughest Mexican gang in the Bronx," because those crimes are intended to intimidate or coerce a civilian population, prosecutors argue in a court filing.

They applied a statute that New York lawmakers passed just six days after hijackers crashed two jetliners into the World Trade Center towers on Sept. 11, 2001, killing nearly 3,000 people.

Now 30, Morales was accused of firing five shots during the August 2002 fracas outside the christening party at a church, killing bystander Melany Mendez. Morales told police he was there and briefly handled a gun but said he wasn't involved in either the fight or the shooting.

He was convicted of manslaughter, attempted murder, weapon possession and conspiracy — each count enhanced in seriousness by the anti-terrorism law. He was sentenced to 40 years to life in prison.

On appeal, the midlevel Appellate Division said he's no terrorist under the statute and deserves resentencing. That would lower the maximum to 25 years.

"The evidence was insufficient to support a finding of that defendant committed his crimes with the intent to intimidate or coerce that `civilian population' generally, as opposed to the much more limited category of members of rival gangs," the Appellate Division ruled.

The panel of judges said the state Legislature was thinking about "extraordinary criminal acts" inflicted to intimidate a broad range of people, not "a narrowly defined group of particular individuals whom the criminal actor happens to regard as adversaries."

Steven Reed, spokesman for Bronx District Attorney Robert Johnson, declined to comment on a pending case but said they believe it is the first and only time the terrorism charge has been used under these circumstances.

Defense attorney Catherine Amirfar said the prosecution's definition would effectively expand the anti-terrorism law to any street crime.

The defense also argues that Morales was deprived a fair trial when the judge refused to dismiss the terrorism charges, which allowed the jury to hear "a litany of prejudicial evidence about gang violence" even though those acts did not involve Morales.

The Court of Appeals will hear the case Tuesday in Manhattan. Its ruling is expected next month.

[Martha12345]

He sure doesn't look or act like a Baptist !

[bradkt1]

While I have no use for this scum, this is what happens when in the post-9/11 political hysteria, the government enacts laws to protect us against one kind of danger (international terrorism) and games-playing, politically ambitious prosecutors then twist that law and use it for a purpose that it was never intended to be used for in the first place.

Anti-terrorism laws were never intended to be used for domestic law enforcement purposes.

These anti-terrorism laws have one thing in common...they are premised on the notion that we are at war with a terrorist enemy, so we can't afford to fight that war with one hand tied behind our backs...in other words, with all of the legal rights and constitutional guarantees that our civillian legal system provides.

There is nore than enough evidence to convict this guy on the other violations of criminal law that he was charged with. The anti-terrorism conviction should be reversed and these prosecutors should be slapped down...hard...by our civillian courts.

All it takes to lose our freedom is for us not to be vigilant in protecting it. It's not supposed to be "easy" for the government to take away our lives and our liberty. Politically ambitious prosecutors will always try to take the easy way out. All they want is to up their conviction rate so they can pose as being "tough on crime" when they run for election...or want to be appointed as a judge...later.

[MrsHippy]

Terrorizing one person is terrorizing us all, because it causes all of us to be more guarded. He killed a 10 year girl. Enough said. Hook him up to "SPARKY" and fry his no-good ass!

[borismcchesny]

Illegal?

[Ludu1]

Annihilate these gangs before they terrorize NYC residents. Remember how it was in NYC in 80's and early 90's.

[nonpolitico]

ENLIGHTENU: I agree. It seems that, all over the world Weterngovernments are bending over backwards to accommodate those who kill maim and steal.
A terrorist uses terror to intimidate.
A gang in a neighborhood uses violence and terror to intimidate their area.
There is a difference?
A while ago a white neighborhood watch guy shot a colored kid.
The MEDIA worried at the Race Bone for weeks!
Little comment if roles reversed!
Justice? Take out all the Political Correctness and color/gender discrimination BS and we could get back to REAL law!
Why bend over backwards to excuse "Ethnic" crime?
Why seek to condemn for white on black and excuse when colored on white?
Isn`t THAT real discrimination too?

[fiddlestickawshucks]

That's one way to protect the innocent.!

How many people who are not gang members have been killed or wounded just for attending a function, walking down a gang controlled street wearing the wrong colored clothing, shot in drive-bys, or simply taking a wrong turn and winding up in a gang controlled neighborhood.???!!!

Those who live in gang controlled areas have to be afraid to let their children outside to play for fear they will be killed by some fool who is out there shooting at somebody because he didn't like the way the person looked at them.!!

The merest slight or sign of what a gang member considers disrespectful
keeps people holed up in their hpuses like prisoners, fearful of even trying to go to a store after dark.

This is supposed to be "the land of the free and the home of the brave".

Obama and his crooked supporters are buying up all the gun manufacturing companies at present and are planning to buy ip the ammunition manufacturing companies after that.

Gun control laws are about as effective as spitting in the ocean to try to stop a tsunami.

The only people who are going to obey these laws are law abiding citizens who deserve the right ro own a gun for personal protection.

Criminals are going to contine to collect guns and ammunition wherever and whenever they can and couldn't care less about laws.

If they were law aiding citizens; we wouldn't need gun control laws in the first place,!

This is the reason they are referred to as criminals.!

Homegrown terrorists is the best way to describe these gang members, and if it takes a law stating such to eliminate them, so be it.!!!

[commentary42]

Obama and his crooked supporters are buying up all the gun manufacturing companies at present and are planning to buy ip the ammunition manufacturing companies after that.

Good grief. You take an article about gang violence and turn it into another Obama conspiracy theory? You, sir are a whack job!

[enlightenu]

Fair trial? Is this Mexican gang a group of US citizens? It is not required to be a Muslim in order to be a terrorist. If this was a Muslim gang I don't think it would even be a question. Come to think of it, I don't recall ever hearing about Muslim street gangs. The Mexicans are far more dangerous than Muslims, and it's time to apply the full scope of the law to remove them from the streets.