Damian Williams, the U.S. Attorney for the Southern District of New York, and Keechant L. Sewell, Commissioner of the New York City Police Department (“NYPD”) announced on Thursday, Oct. 13, the unsealing of documents charging Justis Colon, 25, and Ariel Martinez, 23, with racketeering conspiracy, murder in aid of racketeering, murder with a firearm, attempted murder, assault with a deadly weapon in aid of racketeering, and other firearms offenses relating to their participation in the murder of Joshua Garcia and the non-fatal shooting of two other victims on April 23, in The Bronx.

 

They were taken into federal custody from State custody and will be presented on Thursday before Magistrate Judge Katharine H. Parker.  The case is assigned to U.S. District Judge Victor Marrero.

 

In the context of the announcement, Williams said, “As alleged, the defendants participated in a gang shooting that killed Joshua Garcia and left two other victims injured. We continue our daily work with our law enforcement partners to vigorously investigate and prosecute those who bring violence to our streets.”

 

For her part, Sewell said of the case, “The fusillade of bullets that killed Joshua Garcia in April and wounded two other victims is a level of violence that shocks the conscience and can never be accepted.” She added, “Now, thanks to our determined investigation, the two alleged gang members charged in this case will face swift and meaningful punishment – a message to anyone else considering such violence on our city streets.  I commend our NYPD investigators, together with the prosecutors in the U.S. Attorney’s Office for the Southern District of New York, for their work in this important case.”

 

According to the allegations included in the unsealed documents on Thursday in Manhattan federal court,^[1]  from at least 2014 to 2022, Colon, a/k/a “Jus Blaze,” a/k/a “JB,” a/k/a “Bin Laden,” and Martinez, a/k/a “Rel,” were members or associates of a gang based in the Castle Hill neighborhood of the Bronx known as “670.”

 

Prosecutors said that in order to fund the 670 gang, protect and expand its interests, and promote its standing, members and associates of 670 allegedly committed, conspired, attempted, and threatened to commit acts of violence against rival gang members, including murder and assault. They allegedly also conspired to distribute, and possess with intent to distribute, narcotics, including heroin, “crack” cocaine, oxycodone, and marijuana; and allegedly also committed check fraud and unemployment fraud; allegedly committed commercial burglaries; and allegedly obtained, possessed, and used firearms, including by allegedly brandishing and discharging them.

 

On April 23, during a shooting at rival gang members, Colon and Martinez shot and killed Garcia and wounded two other victims in the vicinity of 1713 Clay Avenue in The Bronx.

 

Colon and Martinez are each charged with one count of racketeering conspiracy, which carries a statutory maximum sentence of life in prison; one count of murder in aid of racketeering, which carries a statutory maximum sentence of death or life in prison, and a mandatory minimum sentence of life in prison; one count of murder through use of a firearm, which carries a statutory maximum sentence of death or life in prison and a mandatory minimum sentence of five years in prison.

 

They are also each charged with two counts of attempted murder and assault with a dangerous weapon in aid of racketeering, which carries a statutory maximum of 20 years in prison; and two counts of using and carrying a firearm in furtherance of a crime of violence, during which the firearm was brandished and discharged, which each carry a statutory maximum of life in prison and a mandatory minimum sentence of 10 years in prison.

 

The minimum and maximum potential sentences are prescribed by Congress, and are provided here for informational purposes only. Any eventual sentence will be determined by the judge.

 

Williams praised what he said was the outstanding investigative work of the special agents of the U.S. Attorney’s Office for the Southern District of New York and the NYPD, and also thanked the Office of the Bronx District Attorney for its assistance.

 

The case is being handled by the Office’s violent & organized crime unit.  Assistant U.S. attorneys, Michael R. Herman, Emily A. Johnson, and Jun Xiang, are in charge of the prosecution.

 

A person arrested and charged with a crime is deemed innocent unless and until convicted in a court of law.