NEW YORK, NY – According to the New York Post, an attempted murder suspect has had his bond lowered and has been released from Rikers Island, due to the actions of “very sympathetic” prosecutors at the Manhattan District Attorney’s office.
20-year-old suspect Darius Mungin was incarcerated at Rikers in October 2021, after his arrest for allegedly shooting two persons, including an 81-year-old man, in August of 2021.
Initially, bond was set at $500,000, but prosecutors reportedly reduced that amount to $100,000, due to safety concerns for Mungin, who was assaulted twice in jail by gang members.
According to the Post, Mungin was attacked after one month in Rikers, by members of the Bloods and Crips, who reportedly “viciously assaulted him with a milk crate, food pan and tablet.”
Mungin’s attorney, Brian Kennedy, petitioned the court for Mungin’s release after the assault, telling Judge Ellen Biben:
“The video from November 28th is Mr. Mungin being attacked by at least 10 people, and being stomped and beaten, and basically left for dead.”
Kennedy continued:
“That beating of just him by at least 10 other inmates went on for about four to five minutes, and nobody came to intercede. Nobody came to stop it from Corrections.”
The attorney went on to say:
“Then he was dragged into a vestibule and left for another four to five minutes while the Department of Corrections just stood around and did nothing while he was lying on the ground unconscious.”
After this particular attack, Mungin was temporarily moved into protective custody, but according to Kennedy, “about a week later, he asked to go back to general population after he was threatened.”
Then, on December 23, 2021, Mungin was attacked again. The Post reports that he had stab wounds to his head, back, and shoulder.
Kennedy continued to press for release of his client, stating at a court hearing on the matter:
“These instances are happening because Mr. Mungin is not affiliated with a gang.”
He added:
“The gang violence and the chaos that’s reigning in Rikers is rampant and as one of the report says, a preliminary motive behind these attacks on Mr. Mungin is because of extortion, for oppression.
“Meaning, the other inmates want to take what he has, whether it’s from the commissary or whatever else.”
Kennedy also argued in court that “the DOC failed to do its job in keeping [Mungin] safe at the problem-plagued lockup where inmates have been running amok.”
However, Department of Corrections attorney Benjamin Lee disagreed, arguing that the DOC had “repeatedly acted” for Mungin’s safety, including moving him to protective custody and later to a “‘very specialized’ housing unit for young adults that’s considered one of the best on Rikers.”
Lee stated:
“The unit is essentially more of a therapeutic and safer housing area … [it’s] a totally different concept of housing.”
According to jail sources as reported by the Post, this “cushy, specialized” unit boasts ping-pong tables, internet access, “extra-plush mattresses, and comfortable furniture,” movies, and “special blankets.”
Lee also introduced to the court a statement by Mungin, who said he was “he was ‘good’ in his new unit and did ‘not need [protective custody],’” adding:
“So Mr. Mungin, just a few days ago, essentially acknowledged that his current housing situation is certainly a lot better than before, and it’s not a dangerous and violent situation.”
'Woke' prosecutors from Manhattan DA's office lower bond to free shooter. Darius Mungin, 20, had been locked up at the chaotic jail complex since October on charges he shot two people, including an 81-year-old apparent innocent bystander.#BRAGGSBANDITS https://t.co/bWqeW6HTD1
— Blue Lives Matter 💎 (@RetiredNYCPD) February 14, 2022
According to the Post, the judge agreed that Mungin’s housing sounded “better” and “safer,” although that judge did also state that the gang attacks were “unacceptable” and that the Department of Corrections should have taken quicker action on them.
Despite Mungin’s “cushy” living arrangements, Kennedy continued in his negotiations for the release of Mungin, and ultimately “hatched a deal with the DA’s office to lower his bond from $500,000 to $100,000 with electronic monitoring.”
The new amount was approved February 1, 2022, and on February 3, Mungin’s father secured the bond with $10,000, freeing Mungin from jail.
Kennedy stated:
“The DA’s office seemed very sympathetic to Mungin’s situation and recognized the abuse and chaos he was suffering at Rikers.”
The Post reports:
“The DA’s office said it agreed to the lower bond package because Mungin had a unique security risk and defended the amount as enough to ensure his return to court.”
According to “[v]eteran jailhouse sources” for the Post, however, Mungin’s situation was far from “unique.” The sources noted that “fights and slashings happen ‘daily.’”
One jailhouse source expressed concern that Mungin’s release on lower bond would influence others to try to copy his strategy, saying:
“If they have a supportive family and a good lawyer who is paying attention, they would be insane not to.”
NYPD blasts new Manhattan DA Bragg’s pledge to not prosecute or lock up countless criminals
Originally published January 9, 2022
NEW YORK CITY, NY – Newly-inaugurated Manhattan District Attorney Alvin Bragg has outraged law enforcement in the city by issuing a memo instructing his staff not to prosecute many crimes and to bar detention and incarceration for most crimes.
https://twitter.com/SethBarronNYC/status/1478461086374543361
On January 3, Bragg distributed a memo setting out a number of radical changes to the office’s approach to law enforcement, including refusal to prosecute multiple offenses.
The memo states the Office will not prosecute certain charges unless as part of an accusatory instrument containing at least one felony count.
The charges include marijuana misdemeanors, fare jumping, trespass, almost all traffic offenses and summary charges, and prostitution.
Governor Hochul must remove Manhattan DA Alvin Bragg for his refusal to enforce the law. She has that power & must act NOW! As Governor, I would REMOVE any DA refusing to enforce the laws. We must protect our police officers & make New York streets safer. https://t.co/awJVzDM0xe
— Lee Zeldin (@leezeldin) January 8, 2022
The DA’s policy also prohibits prosecution of such crimes as resisting arrest for any of the above and most cases of government obstruction.
In addition to outright refusal to prosecute the above, the new DA has instructed staff that his office will not seek pre-trial detention or prison sentences for crimes other than homicide, public corruption, and a few other exceptional cases.
The memo stated:
“The Office will not seek a carceral sentence other than for homicide or other cases involving the death of a victim, a class B violent felony in which a deadly weapon causes serious physical injury, domestic violence felonies, sex offenses in Article 130 of the Penal Law, public corruption, rackets, or major economic crimes, including any attempt to commit any such offense under Article 110 of the Penal Law, unless required by law.
“For any charge of attempt to cause serious physical injury with a dangerous instrument, ADAs must obtain the approval of an ECAB supervisor to seek a carceral sentence.”
Alvin Bragg is a threat to public safety, he’s doing his best to San Francisco New York pic.twitter.com/OofthnhxQ6
— Brendan 🌐🦅🇺🇸 (@Lawlorbrendans) January 5, 2022
Bragg, who was elected in November with indirect backing from billionaire George Soros, also instructed prosecutors to avoid incarceration for certain robberies and assaults, as well as gun possession in cases where no other crimes are involved.
He also directed that they no longer request prison sentences of more than 20 years absent “exceptional circumstances.”
The restrictions on criminal penalties placed by the DA have angered police unions and residents as the city struggles with surges in homicides and other violent crimes.
As DA Alvin Bragg scraps prosecutions, brace for a lot more crime in Manhattan https://t.co/zgS2ucUMGZ
— Lattina Brown, MPA 🇯🇲 (@LattinaBrown) January 5, 2022
Rafael A. Mangual, a senior fellow and head of research for the Policing and Public Safety Initiative at the Manhattan Institute and a contributing editor of the City Journal, wrote:
“Less than a week ago, New Yorkers closed the book on a year that saw 485 murders—a slight rise over 2020, which saw a massive increase over 2019.
Along with marking the end of Bill de Blasio’s tenure as mayor, 2021 also became the fourth consecutive year in which Big Apple homicides increased.
“Four straight years of homicide increases: that has never happened in my lifetime. Depressing as the crime data have been as of late, many Gothamites rang in the New Year with optimism about new mayor Eric Adams, a former cop who ran on an explicitly anti-crime platform.
But New Yorkers are quickly learning that last year’s election outcomes weren’t universally anti-crime.”
Mangual mentioned that crimes like robbery and burglary, which will be downgraded to lesser charges under the new DA, resulting in a situation where a store clerk could legally shoot the violator dead in self-defense, but the violator would not warrant a serious criminal sentence if arrested.
He continued that the DA is losing focus with the new policies:
“These policies reflect several misapprehensions on Bragg’s part. Among them is his focus on offenses rather than offenders. As I’ve written before, criminals often commit a wide range of crimes throughout their offending careers, which means that you can’t treat someone as “non-violent” just because their most recent arrest was for a non-violent crime. Today’s low-level drug possessor can be tomorrow’s shooting suspect…
“Blanket policies like Bragg’s ignore this reality in favor of the fiction that pursuing even relatively minor charges against high-risk offenders brings no benefits.”
New York residents, tourists, businesses, and the NYPD deserve better than a District Attorney who, with less than a week on the job, is altering facts to benefit an armed robber.
As Governor, I will hold Alvin Bragg accountable by showing him the door! pic.twitter.com/sIuU49iXVA
— Andrew H. Giuliani (@AndrewHGiuliani) January 8, 2022
The New York City Police Benevolent Association (PBA) also spoke out against Bragg’s policies, saying that police officers would not want to risk their safety to enforce laws that prosecutors did not intend prosecute.
PBA President Pat Lynch told local media Bragg was sending the wrong message to criminals:
“To say we won’t prosecute if you wave a gun unless you use a gun, my concern is how are our police officers going to do their job?
“(Criminals) are going to get even more bold. That means the violence will grow. If I got away with this this time, next time I will do more. Next time I will not only be disorderly, I’ll be violent.”
Pat Lynch talks to @nikreport about the big concerns with changes to prosecution in Manhattan: How will NYC police officers be able to do our job effectively? And can we do it safely? pic.twitter.com/I2JCNRlHl9
— NYC PBA (@NYCPBA) January 6, 2022
In another Twitter post, the PBA President wrote:
“POs don’t want to be sent out to enforce laws that the district attorneys won’t prosecute. And there are already too many people who believe that they can commit crimes, resist arrest, interfere w/ police officers & face zero consequences.”
"POs don’t want to be sent out to enforce laws that the district attorneys won’t prosecute," said Lynch…"And there are already too many people who believe that they can commit crimes, resist arrest, interfere w/ police officers & face zero consequences."https://t.co/JYpc2vJpr0
— NYC PBA (@NYCPBA) January 5, 2022
NYPD Police Commissioner Keechant Sewell said the DA was creating controversy where there was previously agreement:
“I strongly believe that this policy injects debate into decisions that would otherwise be uncontroversial, will invite violence against police officers and will have deleterious effects on our relationship with the communities we protect.
“I am very concerned about the implications to your safety as police officers, the safety of the public and justice for the victims.”
On Saturday, at the Harlem headquarters of the National Action Network standing with liberal stalwart Rev. Al Sharpton, Bragg responded to criticism coming from NYPD Unions and Keechant, and vowed to “stay the course”:
“We said we were going to marry fairness and safety. We know that safety has got to be based in our community, and fairness and cannot be driven solely by incarceration.
“Let me just say there has been some misunderstandings. So again, let me be clear to all those who I may be reintroducing myself to: If you go to the store in Manhattan and use a gun to rob that store, that is armed robbery, that is serious and will be prosecuted.”
Drawing a line in the sand
Kudos to @NYPDPC Sewell for standing up for law-abiding New Yorkers and their police against the insanity of District Attorney Alvin Bragg’s stated reform policies. https://t.co/dOFp5a1mgn
— Bill Bratton (@CommissBratton) January 8, 2022
Sewell was not persuaded by the DA’s claims of misunderstanding, stating:
“I am concerned about sweeping edicts that seem to remove discretion, not just from police officers, but also from assistant district attorneys regarding what crimes to prosecute and how to charge them.”
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