Photo courtesy of the NYPD
Bronx District Attorney Darcel D. Clark announced on Aug. 23, that a Bronx man who, as reported, was arrested in May 2022, was sentenced to an indeterminate sentence of 16 years to life in prison for raping a woman in an elevator inside a Pelham Bay Park building in May 2022.
In the context of the announcement, Clark said, “The defendant brutally attacked the victim, who was coming home after work to her children. No woman should have to fear walking into their own building. The defendant’s actions have deeply affected her; her sense of safety and peace have been taken. My Crime Victims Assistance Bureau is providing resources to the victim and has been supporting her since the horrific attack.”
Clark said the defendant, Ramon Rotestan, 47, last of 3560 Webster Avenue in Norwood, was sentenced on Aug. 22, to an indeterminate sentence of 16 years to life in prison by Bronx Supreme Court Justice Laurence Busching. Rotestan pleaded guilty to attempted rape in the first degree and attempted robbery in the first degree on July 25.
According to the investigation, and as reported at the time, on May 9, 2022, the defendant followed the victim, who he did not know, into her apartment building, then into the elevator. Rotestan demanded the victim hand over all her money at knifepoint and took $112 from her. He then patted her down and raped her in the elevator. A neighbor made noise in the hallway outside the elevator and the defendant ran away. The incident was captured on surveillance video.
It had previously been confirmed by the Bronx DA’s office that Rotestan is a registered sex offender and had been released from state prison on parole following convictions of first-degree rape, sexual abuse and robbery, 39 days prior to the Pelham Parkway attack on May 9, 2022.
As reported, he was later arrested for that attack on May 12, 2022. Norwood News reached out to NYS Parole Board for details of Rostestan’s prior release and parole conditions prior to the May 9 Pelham Parkway rape. We were informed that Rotestan was conditionally released, by statute, and not by Board of Parole consideration, on March 30, 2022, having served six-sevenths of his 18-year sentence.
We were informed that all incarcerated individuals, except those serving life sentences, have a conditional release date equal to either one-third (1/3) off their maximum sentence for indeterminate sentences, [or] one-seventh (1/7) off their maximum sentence for determinate sentences.
We were further informed that according to the Parole Board, a Time Allowance Committee (TAC) reviews an incarcerated individual’s “good time” approximately four (4) months prior to the conditional release (CR) date, at which time the CR date will either be certified or changed.
According to the Parole Board, conditional release is a statutory type of release for which the Board of Parole does not have discretion to grant or deny. The following conditions must be met in order to be eligible for Conditional Release:
- An incarcerated individual must apply for conditional release; and
- An incarcerated individual must agree in writing to abide by the conditions of community supervision until the expiration of their maximum term, or post-release supervision maximum expiration date.
We asked the Parole Board to confirm if the Statute under which Rotestan was released, defined whether or not he was required to wear, for example, an ankle or any other type of monitor upon release. For the specific conditions of Ramon Rotestan’s release, we were required to submit a Freedom of Information request, which we have since submitted.
We were informed that the standard conditions of release by which all individuals under community supervision must abide are as follows:
(1) I will proceed directly to the area to which I have been released and, within twenty-four hours or by the next available business day after my release, make my arrival report to the Community Supervision Office indicated below. I will make office and/or other reports thereafter as directed by my Parole Officer.
(2) I will not leave the State of New York or any other state to which I am released or transferred, or any area defined in writing by my Parole Officer without permission.
(3) I will not abscond, which means intentionally avoiding supervision by failing to maintain contact with my Parole Officer and failing to reside at my approved residence.
(4) I will permit my Parole Officer to visit me at my residence, will permit the search and inspection of my person, residence and property, and will discuss any proposed changes in my residence, employment or program status with my Parole Officer.
(5) I will reply promptly, fully and truthfully to any inquiry of, or communication by, my Parole Officer or other representative of the Department of Corrections and Community Supervision.
(6) I will notify my Parole Officer any time I am in contact with, or arrested by, law enforcement. I understand, like every member of the public, I have a right to seek the assistance of law enforcement at any time.
(7) I will not act in concert with a person I know to be engaged in illegal activity.
(8) I will not behave in such a manner as to violate the provisions of any law to which I am subject which provides for a penalty of imprisonment, nor will my behavior threaten the health and safety of myself or others.
(9) I will not own, possess, or purchase a shotgun, rifle, or firearm of any type including any imitation firearm. I will not own, possess or purchase any deadly weapon or use any dangerous instrument, as those terms are defined under Article 10 of the Penal Law. Further, I will not possess a dangerous knife or razor without the permission of my Parole Officer.
(10) In the event that I leave the jurisdiction of the State of New York, I hereby waive my right to contest extradition to the State of New York from any state in the Union and from any territory or country outside the United States. This waiver shall be in full force and effect until I am discharged from community supervision. I fully understand that I have the right under the Constitution of the United States and under law to contest an effort to extradite me from another state and return me to New York, and I freely and knowingly waive this right as a condition of my community supervision.
(11) I will not use or possess any drug paraphernalia or use or possess any controlled substance without proper medical authorization.
(12) I will fully comply with the instructions of my Parole Officer.
(13) I will fully comply with those special conditions set by my Parole Officer, a Member of the Board of Parole or an authorized representative of the Board or the Department of Corrections and Community Supervision. I understand that special conditions are additional conditions, set on an individualized basis, meant to be reasonably tailored to my circumstances and aimed toward my rehabilitation. I will fully comply with the following special conditions: The copy of the standard conditions shall also include the following clause: I fully understand that a violation of any condition of release in an important respect may result in the revocation of my period of Community Supervision. I hereby certify that I understand and have received my Certificate of Release to Community Supervision.
We also asked the Parole Board who oversees the Time Allowance Committee (TAC) review. We were advised that Department Directive 4932 outlines the establishment, role and procedure of TAC under Part 261. We were advised that each correctional facility has its own TAC, and facility staff review each application to determine if the individual has satisfied the Limited Credit Time Allowance (LCTA) criteria based upon program performance, progress and attendance.
We were further advised that individuals who are recommended at the facility level to be issued LCTA receive a determination following a Central Office review process. Additional information can be found here.
The case was prosecuted by Assistant District Attorney Tiffany Wichman, supervisor in the Child Abuse/Sex Crimes Bureau, under the supervision of Deputy Chiefs Johanna Hernandez and Alexandra Militano of the Child Abuse/Sex Crimes Bureau, Mimi Mairs, chief of the Child Abuse/Sex Crimes Bureau, and under the overall supervision of Adrienne Giunta, deputy chief of the Special Victims Division, and Joseph Muroff, chief of the Special Victims Division.
Clark thanked Senior Advocate Jeanette Gambaro and Clinical Supervisor Christopher Kilcullen, both of the Crime Victims Assistance Bureau, for their assistance. She also thanked Detective Shaniqua Clark and Detective Ernesto Castillo of the NYPD Bronx Special Victims Squad, and Detective Michael Gersch and Officer Mark Polak of the 49th Precinct.
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Welcome to the Norwood News, a bi-weekly community newspaper that primarily serves the northwest Bronx communities of Norwood, Bedford Park, Fordham and University Heights. Through our Breaking Bronx blog, we focus on news and information for those neighborhoods, but aim to cover as much Bronx-related news as possible. Founded in 1988 by Mosholu Preservation Corporation, a not-for-profit affiliate of Montefiore Medical Center, the Norwood News began as a monthly and grew to a bi-weekly in 1994. In September 2003 the paper expanded to cover University Heights and now covers all the neighborhoods of Community District 7. The Norwood News exists to foster communication among citizens and organizations and to be a tool for neighborhood development efforts. The Norwood News runs the Bronx Youth Journalism Heard, a journalism training program for Bronx high school students. As you navigate this website, please let us know if you discover any glitches or if you have any suggestions. We’d love to hear from you. You can send e-mails to norwoodnews@norwoodnews.org or call us anytime (718) 324-4998.
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