Here Are Some Of The Criminals Walking Free Thanks to New York’s Bail Reform

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Jan 13, 2020

As a reluctant New Yorker, it’s my dubious privilege to share with y’all some of the absolute insanity coming out of my state, such as banning plastic bags, vaping, and Nerf guns, as well as childish rants from our governor.

This story isn’t quite as amusing, however.

New York’s Democrat-dominated government has been steering the state toward a cliff for as long as this relatively young writer can remember, but now King Andy Cuomo and his crew have gone above and beyond merely bankrupting their constituents and restricting their cherished liberties.

Under controversial new bail reform quietly tucked into the state’s budget, they’re putting our very lives at risk, too.

In an attempt to ensure equitable treatment of all defendants in the criminal justice system, an estimated 90 percent of all criminal cases will now have cash bail eliminated, meaning those accused of crimes in 400 or more categories will be released with a mere appearance ticket.

Now, don’t get me wrong, I disagree as much as the next person with a system that allows a rich child rapist, for example, to buy his way out of jail while a poor child rapist awaits trial behind bars. But isn’t the solution here obvious? For serious offenses whose alleged perpetrator is a flight risk or danger to the community, go ahead and eliminate bail, but keep the folks locked up.

I mean, really, I can’t possibly be the only person to think of that, right?

It’s estimated 25,000 people have been released so far under the new law.

So, just what kind of crimes can you get away with in New York now, should you be so inclined? Patch reports:

Some crimes included in the bail reform legislation include third degree assault; aggravated vehicular assault; aggravated assault upon a person less than eleven years old; criminally negligent homicide; aggravated vehicular homicide; second degree manslaughter; first degree unlawful imprisonment; first degree coercion; third and fourth degree arson; first degree grand larceny; criminal possession of a weapon on school grounds or criminal possession of a firearm; specified felony drug offenses involving the use of children, including the use of a child to commit a controlled substance offense and criminal sale of a controlled substance to a child; promoting an obscene sexual performance by a child; possessing an obscene sexual performance by a child; and promoting a sexual performance by a child.

“And if you go to court, you’ll hear that the judges are very anguished about this,” said Manhattan Special Narcotics Prosecutor Bridget Brennan, according to PIX 11. “They’re very concerned the defendants not only will not return to court—but that the defendants pose a public safety risk.”

“Now, the response from the governor and the legislature is to call prosecutors and those opposed to it ‘fear mongerers,’” Brennan added. “It prohibits judges from taking into account the ‘public safety’ risk of releasing a defendant.”

“In New Jersey, the judge always has the last word,” Brennan said, pointing to the neighboring state that passed vaguely similar reforms last year. “The judges have discretion. In New Jersey, the judges are allowed to consider public safety.”

In New York, however, where legislators apparently feel qualified to usurp the role of doctors, judges, and personal consciences, judges must submit to the law and allow dangerous criminals to walk free.

Here’s a fun list of some of the bright, shining stars released among us under the new reforms:

  • Carlos Medina Palomino, a Colombian national arrested on charges of allegedly selling cocaine laced with fentanyl, was pre-emptively released back in December in anticipation of his eventual release when the law took effect in the new year. Palomino is also accused of soliciting 11- and 13-year-old girls for prostitution, according to PIX 11.

    “This defendant is a unique and extreme flight risk,” prosecutor Lauren Stoia told Judge Abraham Clott.

    Stoia said Palomino was even recorded in a jailhouse phone call begging his girlfriend to get bail money together, saying, “Let’s leave. I want to go to Colombia.”

  • Dwayne Ross, of Shirley, was arrested in early December and charged with second-degree strangulation, a press release from Suffolk County Sheriff Errol Toulon said. “He posted a bond and was released, only to be arrested two weeks later for criminal contempt in the second degree. The judge was unable to use his recent arrest for strangulation as a factor in the decision of whether or not to set bail. The new law makes it clear: Mr. Ross must be released on his own recognizance, regardless of his criminal history or threat to the community,” Toulon added.
  • Fidel Portillo, of El Salvador, was arrested in back in July and charged with first-degree rape and first-degree course of sexual conduct with a child, Toulon’s release also said. He was held on $200,000 bail or $400,000 bond, but on December 30, he was released after posting just 10% of his bond, or $40,000, and surrendering his passport. Portillo’s court date is tomorrow, and I’m not gonna bet on him showing up.
  • According to the New York Post, Gerod Woodberry, who allegedly robbed four different Chase banks in the city between December 30 and January 8, gets to walk free because he allegedly used handwritten notes, rather than a gun, to commit the heists. “No New York jail can currently hold him, no matter how many times he strikes,” the Post notes.
  • Nicholas Jordan, of Fairport, was arrested on January 8 for ,enacing in the second degree, according to a Facebook post from the visibly and reasonably agitated Fairport Police Department. Jordan “is alleged to have pointed a loaded shotgun at the victim and threatened to kill him,” FPD wrote. “Pursuant to the NYS Criminal Justice Reform laws, an appearance ticket was issued to the subject.”

    In an unsurprising turn of events, FPD continues, Jordan “was re-arrested on the same day at 4:01pm (only 2 hours after his release) by the Fairport Police in assistance to the Macedon Police Department for his alleged continued efforts to threaten those involved in the prior incident that he was arrested for today in Fairport.”

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  • And, lastly, while I was unable to confirm this particular incident with any local news coverage, this last one was too incredible not to share. According to a clipping from an unidentified local newspaper, Luis A. Gonzalez of Ontario was arrested for felony DWI with a blood alcohol content of greater than .08% and promptly released with a January 28 court date. Apparently the newspaper had as much trouble confirming Gonzalez’ identity as I did due to the swiftness with which he was released from custody, and they knew exactly who to thank for that:

    “No photo of Luis A. Gonzalez due to this guy,” reads a caption below a photo of Gov. Cuomo in the paper.

    Nailed it.

These are just a small handful of the thousands of people released on the honors system, many without so much as an electronic ankle monitor or their passports confiscated.

While Cuomo continues to plug his ears and ignore the cries from judges, law enforcement, and the citizens who don’t commit crimes, untold thousands more of these monsters are free to re-offend as they please. And this dude still wants to blame the weather for the state’s ongoing population hemorrhage. Don’t you just love New York?