Reacting to the arrest, Caban said, “The dedicated men and women of the NYPD, who have accomplished a 26 percent reduction in shootings so far this year in New York City, are still battling a scourge of gun violence that threatens everyone who lives, works, and visits here, and just as New Yorkers expect and deserve, we, and our law enforcement colleagues, vow to keep working tirelessly to investigate and arrest anyone brazen enough to carry and shoot an illegal weapon on our streets.”

 

According to the allegations in the complaint, on Oct. 4, at around 6 p.m., as captured by surveillance video, Diaz allegedly walked southbound to the corner of Edward L. Grant Highway and Jesup Avenue and stopped for several minutes outside a Bronx deli. As his victim emerged from the deli, Diaz allegedly approached the victim from behind, pulled a gun from his right pocket, and allegedly fired one shot. The prosecution said Diaz was then seen placing the gun inside his pocket once again and fleeing the scene.

 

NYPD officers recovered a 9 mm FC Luger shell casing from the scene, as pictured below.

Officials said Diaz had not been permitted to possess ammunition because of a prior felony conviction for reckless endangerment. They said he was released from State custody on June 1, having served a sentence of nearly five years in prison. The latest Bronx shooting occurred just four months later.

 

Officials said Diaz, 40, of The Bronx, is charged with possession of ammunition after a felony conviction, which carries a maximum sentence of 15 years in prison. The maximum potential sentence is prescribed by Congress and is provided for informational purposes only. Any sentencing of the defendant will be determined by a judge.

 

Williams praised what he described as the outstanding investigative work of the FBI and the NYPD. The case is being handled by the Office’s general crimes unit. Assistant U.S. Attorney Ryan T. Nees is leading the prosecution.

 

The defendant is presumed innocent unless and until convicted in a court of law.

According to the latest crime statistics released by the NYPD, overall crime declined again in October, led by an ongoing reduction in shootings and murders, and an increasing number of arrests made across all seven major index crime categories. Police said the City saw an 8.1% drop in shooting incidents in October 2023 compared to October 2022 (79 v. 86). They said this continuing decline extended the 25.7% decrease in shooting incidents experienced citywide year to date, compared to the same period last year (839 v. 1,129).

 

They said that, importantly, 384 fewer people have been shot year to date in 2023, compared to 2022, and 45 fewer people have been murdered in 2023 compared to last year.

 

In October 2023, they said the NYPD made 361 arrests for gun possession citywide, bringing the total number of gun arrests to 3,735 year to date through October. Gun seizures across the five boroughs so far this year amount to 5,585 through the end of October, bringing the total number of firearms taken off New York City streets and kept out of criminals’ hands since the start of the beginning of the Adams administration to 12,720.

 

The police commissioner said of the latest released statistics, “The men and women of the NYPD continue to work hand in hand with the people we serve throughout the five boroughs. Public safety is a shared responsibility that takes everybody, in every neighborhood, doing their part. That is how we will sustain low levels of crime and further reduce violence and disorder across our great city.”

 

In the Bronx, as of Nov. 5, year-to-date shootings boroughwide were down 19.8 % (283 in 2023 v 353 in 2022). The number of year-to-date shooting victims has also dropped by 18.3% (340 in 2023 v 416 in 2022).

However, in the 46th Precinct, which serves the central part of the western Bronx, including parts of Fordham, University Heights, Morris Heights and Mount Hope, which is where the referenced shooting occurred, year-to-date shootings were also up by 28.1 % (41 in 2023  v 32 in 2022).

 

The number of shooting victims in this precinct year-to-date also increased by 44.4% as of Nov. 5 (52 in 2023  v 36 in 2022).