POINT of VIEW: Raise the age puts Black lives at risk

When we say Albany, we’re talking about the building between State Street and Washington Avenue where legislation is drafted.

The month of August was one of the most violent in recent memory for the City of Albany. Between July 25 and Aug. 28, we saw 20 shooting victims, and 25 confirmed shots fired incidents.

One noteworthy case, is that of an 18-year-old, who is now paralyzed following a shooting incident at the end of August. His circumstances encapsulate the cyclical nature of street violence, and the need for legislative change to help the black community.

That young man was previously arrested three times on gun charges in the span of 15 months, with probable cause to believe that he was actively planning to use those weapons. However, each of those cases was transferred to Albany County Family Court, with the result being his eventual release and re-arrest, until this past weekend, when he was seriously injured.

If any of those cases remained in the Youth Part of criminal court, this young man’s quality of life could have been preserved, and course correction may have started by now if our office was allowed to do what it does; prosecute violent offenses.

This tragic case is a prime example of the self-sustaining, cyclical nature of violence here in the Capital Region, and in the black community.

People who are known to law enforcement as defendants, often become victims in a matter of weeks or months, due to the retaliatory nature of gun violence, street crime, and poor conflict resolution skills. The circle remains unbroken because many of the players involved in a feud are almost immediately returned to the community.

When we demand changes to bail reform and raise the age, it’s not a political talking point or empty rhetoric; it’s a function of seeing the role reversal of defendant to victim, and victim to defendant, repeatedly.

On a related note, our state government has demonstrated an understanding of the dynamics behind domestic terrorism and white supremacy, particularly in the wake of the mass shooting in Buffalo, and took swift, emergency legislative action to address those concerns, which is commendable.

However, the state government has conflated that gun issue with the one in urban areas. They have demonstrated no understanding of the dynamics behind violence in the inner city, meaning that laws drafted to address guns like the one obtained by the Buffalo shooter, will have little to no effect on the routine indifference to human life we see in urban areas.

Our state government has demonstrated an understanding of the extreme risk potentially posed by an emotionally disturbed individual with a gun that was purchased legally, leading to a special legislative session.

However, our state government has demonstrated no understanding of the extraordinary circumstances present when a young person, who has repeatedly been caught with illegal guns, and has expressed their intention to use them, is immediately returned to the street.

So far this year, we’ve seen over 150 confirmed shots fired incidents in Albany, which is 42 percent higher than the 5-year average. We’re trending in the wrong direction. The innocent people who live in these communities have no peace of mind because of the few who have no regard for those around them.

Protecting Black lives means separating feuding groups by legal means to make sure they stay alive, and to ensure bystanders don’t experience environmental trauma.

P. David Soares

District attorney

Albany County

Below are examples, provided by the district attorney’s office, that Soares said demonstrates how raise the age statutes negatively impacted the lives of young people

To further demonstrate the cyclical nature of violence, and the need to separate these groups, it’s worth noting that other victims in the late August mass shooting in the City of Albany, were also previously defendants charged with gun offenses:

A second 18-year-old was also shot during the late August incident. That individual previously had two gun possession cases transferred to Family Court. From when he was 16 years old.
A 24-year-old was also shot and paralyzed in the August shooting incident. That individual was previously prosecuted by the office for gun possession.
A 29-year-old was shot in the same incident, and was previously charged with attempted murder, robbery, and burglary.

Further Examples of failed raise the age cases, or juvenile offender cases that should have stayed in the Youth Part of Albany County Court:

A 17-year-old first came into contact with law enforcement at 13 years old, in 2018, during an incident involving a BB gun. In 2019, at the age of 14, he was charged with three weapons offenses, including alleged possession of a .32 caliber revolver. The defendant was then arrested in 2020, at the age of 15, and charged with criminal possession of a weapon and reckless endangerment for a shooting at Crossgates Mall. That case was sent directly to Family Court because of his age, and he was committed to an Office for Children and Family Services facility for a year. In March of 2022, at the age of 16, the defendant was arrested for robbery in after allegedly committing a robbery and threatening to shoot an employee. This case was transferred to Family Court, over The People’s objection. An arrest warrant was issued from Albany County Family Court in August of 2022 for failure to appear (he allegedly removed his ankle monitor), which is a violation of the terms of his probation. On Sept. 11, he was arrested for allegedly threatening two victims in his home with a stolen, operable handgun, and hitting one of them in the face with that weapon. This defendant has also been the target/victim in unrelated shooting incidents in 2020 and 2022, further demonstrating the cyclical nature of violence in the city.

A 17-year-old was first arrested as a 17-year-old in May for criminal possession of a weapon. In that case, the defendant was accused of driving a stolen car when he fled from a traffic stop, and later crashing into several parked cars. Upon running from that vehicle, he allegedly threw a handgun on the ground. That case was transferred to Family Court. The defendant was arrested again approximately one month later, and charged with attempted murder. In that case, he’s accused of shooting a person. While one person was hit, several rounds were fired, causing damage to a nearby house, and a vehicle.
A 20-year-old was arrested in 2019 as a 17-year-old, for an incident that happened when he was 16, and was charged with Burglary. In that case, he was accused of breaking into a residence and hitting a resident with a rock, injuring her, and causing other property damage. That case was transferred to Family Court. Later that same year (August,) at 17 years old, the defendant was arrested for criminal mischief, after he allegedly used a beer bottle to break two windows on his father’s car. In December, 2021, at 19 years old, he was arrested for murder in a shooting death.

A 19-year-old was first arrested in November, 2019, at the age of 16, for robbery. He was accused of restraining and hitting a victim, along with a co-defendant, while going through his pockets. That case was transferred to Family Court. The defendant has subsequently been arrested three times between 2020 and 2022 for criminal possession of stolen property. However, his most recent arrest was two days after his last CPSP arrest, when he was charged with murder, at the age of 19, for an incident that happened in May, 2021, when he was 18. In that case, he’s accused of fatally shooting a person during the commission of another robbery.

A 20-year-old was initially arrested in July, 2019, as a 16-year-old, for criminal possession of a weapon. To further demonstrate the cyclical nature of violence in the city, that incident started when a member of the defendant’s group was shot. That case originated, and remained in Family Court. He was arrested in 2021, as an 18-year-old, for murder and attempted murder, in connection with a fatal May 2021 shooting. While incarcerated for that incident. He was charged again, following a separate investigation, with attempted murder for a different shooting that happened in March, 2021.
A 20-year-old who was previously a “beneficiary” of the raise the age statute at age 16 (when he was charged with attempted murder in July, 2019), will be facing trial for murder in the in January. The homicide for which he will be on trial, took place in 2020, when he was 17, while he was released on the pending attempted murder charge due to his age. To further demonstrate the cyclical nature of violence, one of the victims of this defendant, has also been arrested on charges related to gun violence.

A 19-year-old was initially arrested in July, 2019 for rape in connection with an incident that happened in June, 2019. He was 16 at the time. He was accused of forcing sexual intercourse with a woman behind a building on Manning Boulevard, and stealing her purse, which had a phone and credit cards inside. This case was transferred to Family Court. His next arrest was in July, 2020, when he was 17 years old, and charged with criminal possession of a weapon. In this case, he was caught in a stolen vehicle, and found in possession of a loaded revolver. This case was transferred to Family Court. He arrested a second time in 2020, this time in the month of October, when he was charged with criminal possession of stolen property. In that case, he was found in possession of a stolen vehicle, worth $25,000, and led police on a chase. This case was transferred to Family Court. The defendant’s two most recent arrests remained in County and City court, because he was over 18 at the time of the incidents. Those arrests are for grand larceny and petit larceny. It’s worth noting the defendant was shot in an incident that happened in May, 2020.
A 17-year-old was charged with robbery at 14 years old, in October, 2019 for his involvement in a gunpoint robbery. He ultimately pleaded guilty in that case, and received an indeterminate term of 1 1/3 to 4 years in prison in July, 2020. However, he was released pending sentencing, and was arrested again in March, 2020, at the age of 15, for another gunpoint robbery. He was most recently arrested in June for criminal possession of a weapon following the execution of a search warrant. That case has been transferred to Family Court.
A 19-year-old was charged with Gang Assault in 2019 at the age of 16. In that assault, the defendant, along with approximately eight to 10 other people, was accused of punching and kicking a victim, causing life-threatening injuries. However, because evidence was unable to conclude that his actions were the ones that directly caused the most severe injuries, the case was transferred to Family Court. The following year, at age 17, he was arrested again for burglary for an incident that happened at a residence in Albany. He was accused of stealing two bicycles. This case was transferred to Family Court. That same year, he was also arrested for burglary, where he allegedly tried to steal a cell phone, and caused various forms of property damage to a residence. That case was also transferred to Family Court. His most recent arrest was in June of this year, when he was charged with robbery for another 2020 incident (when he was 17) where he was accused of punching a person riding a bicycle, and forcibly stealing the bicycle. That case was also transferred to Family Court.
image credit Raisetheageorg
An 18-year-old was arrested in 2019, at the age of 15, for robbery. In that case, he was accused of displaying a handgun, alongside two other co-defendants, then stealing an iPhone and wallet from a victim. He was also accused of pushing a different victim to the ground on the same day and stealing their cell phone. That case was transferred to Family Court. Two days after those incidents, he was accused of participating in another gunpoint robbery. In that case, the victim was also assaulted while on the ground, and had their cell phone stolen. That case was transferred to Family Court. In March, 2020, at the age of 16, he was arrested again for a gunpoint robbery, in which the victim was assaulted for a pair of headphones. That case was transferred to Family Court. Later in 2020 (in May), he was again arrested for robbing another person at gunpoint. This victim was also assaulted and had his iPhone stolen. In a separate incident that same month, he was accused of beating a victim with a brick, causing serious injuries. For those two incidents, he pleaded guilty and was granted youthful offender status. He was sentenced to 1 1/3 to 4 years, which satisfied the charges in both cases.

An 18-year-old was first arrested in 2019 as a 15-year-old. In that case, he was charged with attempted murder for allegedly firing a number of rounds at a group of people. At least one round hit the windshield of an occupied vehicle. This case was transferred to Family Court. The defendant was arrested again in July, 2021 at the age of 17, for criminal possession of a weapon. In this case, he was accused of once again firing in the direction of a group of people, this time unleashing six shots. This time, the case stayed in the Youth Part of Superior Court.

A 19-year-old was initially arrested in August, 2019, at the age of 16, for Burglary in relation to a home invasion in Menands. That case remained in County Court, but a special prosecutor was appointed due to connections the victim had with the office. He was arrested again in 2020, at the age of 17, for criminal possession of stolen property. In that case, police spotted him in a parking lot of a closed business, when he took off in a stolen BMW. That vehicle eventually crashed in Schenectady, where police found a high capacity ammunition feeding device for .45 ammunition on the driver’s seat. This case was transferred to Family Court. His most recent arrest was in 2021, at the age of 18, when he was charged with criminal possession of a weapon.

A 19-year-old was first arrested in June, 2020, at the age of 16, for criminal possession of a weapon. In that case, he was allegedly caught with both a handgun and a revolver, both of which were operable. That case was transferred to Family Court. He was arrested again in September, 2021 for an incident that happened in July, 2021, at the age of 17. In that case, he was accused of firing a handgun toward another person. This case was retained in Supreme Court. However, that case could have been prevented if the defendant were removed from the community the first time he was caught with two guns.

A 19-year-old was first arrested in December, 2018 at the age of 16, for hate crime/robbery. That case was transferred to Family Court. He was arrested again at 17 years old, but in January, 2020. This time, he was charged with robbery for allegedly beating an individual, along with a co-defendant while looking for valuables in their possession. That case was transferred to Family Court. Approximately one week after that alleged robbery, he was arrested again for burglary. In that case, he was accused of stealing $800 from the Cajun Café in Crossgates Mall. That case was transferred to Family Court. His most recent arrest was in August, 2021, when he was charged with grand larceny. In that case, he was accused of stealing a Cash App credit card from a vehicle. Additionally, he was found that day in possession of a stolen iPhone. As the defendant is now 19, that case remains in City Court.
A 20-year-old was initially arrested in October, 2018, at the age of 16, for assault. In that case, he’s accused of interfering with an arrest by pushing a police officer, who was then punched in the face by a different suspect, then attempting to flee the scene. That case was transferred to Family Court. He has since been arrested three more times, including an arrest for burglary in May, 2022, at 20 years old. In that case, he’s accused of breaking into an apartment with the help of two other people. While in the apartment, he’s accused of beating a female victim and stealing her dog.

A 19-year-old was first arrested in June, 2019, at the age of 16, for gang assault in connection with an incident that happened in March, 2019. In that case, the defendant, along with two other people, was accused of participating in an attack where the victim was stabbed several times and struck in the head and face. That case was transferred to Family Court. The defendant has since been arrested twice; once in October, 2021, at the age of 18, for criminal possession of a weapon in connection with an incident that happened in March, 2021, and a second time in August (still 18) for criminal mischief.

A 19-year-old was initially arrested in November, 2019, at the age of 16, for robbery. That case was transferred to Family Court. His next arrest was in August, 2021, at the age of 18, when he was charged with criminal possession of a weapon in connection with a shots fired report. He was later charged with the same offense, for a separate incident that happened in March, 2021, when he was 17. It’s worth noting that the defendant here is a known associate of one of the late August victims who was paralyzed from a shooting, further demonstrating the cyclical nature of violence.
A 20-year-old was initially arrested for the first time in October, 2018 at 16 years old, for assault with the intent to cause injury to officer/fireman/emt/nurse. This case was transferred to Family Court. He was arrested the second time in October, 2019 at 17 years old for criminal mischief. In that case, he was accused of threatening his 19-year-old sibling with a knife, then doing $800 worth of damage. This case was transferred to Family Court. He was most recently arrested in October, 2021, at the age of 19, for criminal obstruction of breathing. In that case, he was accused of beating and choking his father, while threatening to kill him. That case is now in City Court.
A 19-year-old was initially arrested in July, 2020, for robbery related to an incident that happened in March, 2020. He was 16 when the incident happened, and 17 when he was arrested. In that case, he was accused of participating in an armed robbery in Albany. The victim’s headphones were stolen. This case was transferred to Family Court. He has since been arrested four times, all in 2021, at the age of 18, including an arrest in August, 2021 for assault. In that case he was accused of trying to shoplift from an Albany store, and punching the manager in the face twice when confronted about the theft.

Aside from violent cases, there are a multitude of other quality-of-life issues in question such as this:

A 20-year-old was arrested in February, 2019, at the age of 16 for grand larceny. That case was transferred to Family Court. She was next arrested roughly two weeks later for burglary in Guilderland. That case was transferred to Family Court. She was arrested again in March, 2019, for burglary. That case was transferred to Family Court. Since turning 18, she has been arrested four times between 2021 and 2022, for criminal possession of stolen property once and petit larceny three times.

This list is not fully comprehensive of the issues surrounding raise the age, but does provide some insight into the issues presented by the law.