Northeast
Lead Daniel Penny prosecutor secured light sentence for thug who killed 87-year-old in ATM robbery
Assistant Manhattan District Attorney Dafna Yoran, who urged jurors at Daniel Penny’s subway chokehold trial to convict him of manslaughter on Tuesday, once sought reduced punishment for a Manhattan mugger who killed an 87-year-old over $300 in 2019 under the concept of “restorative justice.”
Matthew Lee, 57, snuck up on the victim, a former Lehman College professor named Dr. Young Kun Kim, from behind at a Citibank ATM on Broadway on May 13, 2018, video shows. The fatal blow, a punch to the head from behind, appears to have occurred off-camera.
Kim was hospitalized and later died from his injuries. Police eventually identified Lee as the suspect and arrested him within a week.
DANIEL PENNY JURORS BEGIN DELIBERATIONS IN JORDAN NEELY SUBWAY CHOKEHOLD TRIAL
Prosecutor Dafna Yoran is shown at the Manhattan Supreme Criminal Court building in New York City on Dec. 2, 2024. (Julia Bonavita/Fox News Digital)
Kim survived the Japanese occupation of Korea and the Korean War, the New York Post reported in 2019. His son forgave the killer at sentencing in a Manhattan courthouse.
Under a 2020 policy introduced by Manhattan District Attorney Alvin Bragg’s predecessor, Cyrus Vance Jr., Yoran “saw an opportunity for a transformative outcome,” according to Gothamist, a New York City news site. It was the first use of the program in a homicide case.
“It is just a continuance of the soft-on-crime policies that have permeated our big cities,” said Louis Gelormino, a Staten Island defense attorney who has said the case against Penny should never have been filed.
Kim’s son and daughter-in-law, Jinsoo and Julia Kim, agreed to meet with Lee, his sister and a social worker for 90 minutes, according to contemporary reports. The couple could not immediately be reached for comment Tuesday.
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Daniel Penny arrives at Manhattan Supreme Court in New York City on Dec. 3, 2024. (Rashid Umar Abbasi for Fox News Digital)
“I can’t choose how much I hurt, but I can choose how much I hate, and I choose to not hate you anymore,” Jinsoo Kim told Lee in his victim’s impact statement, preserved online in the Post report. “I forgive you, not just for your sake but for mine as well. There is no healing where there is hate.”
After the meeting, Lee was charged with manslaughter instead of felony murder, reducing his potential sentence from 25 years to life to 10 years.
Felony murder charges are usually filed when someone dies as the result of another felony committed by the suspect. Manslaughter charges involve reckless behavior that results in death.
Lee is currently being held in a medium-security state prison in Otisville, New York, and is eligible for parole in 2026.
DANIEL PENNY PROSECUTOR DANGLES RACE CARD AGAIN OVER DEFENSE OBJECTION DESPITE NO HATE CRIME CHARGES
Jordan Neely is pictured in 2009. (Andrew Savulich/New York Daily News/Tribune News Service via Getty Images)
Penny, 26, faces a maximum of 15 years in prison if convicted of the top charge he faces, manslaughter.
Jurors began deliberations on Tuesday.
“The defense here has blamed the system, the police response, everyone is responsible for Jordan Neely’s death except the defendant,” Yoran told the jury as her closing arguments wound down. “The only thing you need to determine here is that the evidence has proven beyond a reasonable doubt that the defendant had killed Jordan Neely.”
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Northeast
Alleged Tren de Aragua criminal gang members charged in ATM robberies across New England
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Two alleged members of the Venezuelan-linked gang Tren De Aragua (TdA) were charged in an ATM jackpotting conspiracy that included robberies and attempted robberies across New England, according to federal prosecutors.
Moises Alejandro Martinez Gutierrz and Lestter Guerrero, both 29, have been charged with conspiracy to commit bank theft, the U.S. Attorney’s Office for the District of Massachusetts said in a news release.
Officials said both men are in the U.S. illegally.
The duo is accused of robberies and attempted robberies at ATMs in Massachusetts, Maine, New Hampshire, Connecticut and Rhode Island. They allegedly installed malware directly into the ATM’s software programming to force the machine to dispense all its cash.
Moises Alejandro Martinez Gutierrz has been charged with conspiracy to commit bank theft. (U.S. Attorney’s Office, District of Massachusetts)
Prosecutors said there has been an ongoing federal investigation into a nationwide conspiracy allegedly coordinated and committed by TdA members to steal money from ATMs using malware, a scheme referred to as ATM jackpotting.
Martinez Gutierrez and Guerrero were arrested on Feb. 5 in Augusta, Maine, after an attempted ATM jackpotting robbery, according to charging documents.
Martinez Gutierrez is allegedly connected to at least five other ATM jackpotting robberies across New England, including robberies on Dec. 31 in Norwich, Connecticut; Jan. 20 in Braintree, Massachusetts; Jan. 30 in Rochester, New Hampshire; and attempted robberies Jan. 14 in Coventry, Rhode Island, and Jan. 19 in Stoneham, Massachusetts.
Lestter Guerrero is seen pointing his cellphone at an ATM with Moises Alejandro Martinez Gutierrz in the passenger seat. (U.S. Attorney’s Office, District of Massachusetts)
Guerrero is allegedly connected to at least one additional jackpotting robbery, with Martinez Gutierrez, on Jan. 30 in Rochester, New Hampshire.
If convicted on the conspiring to commit bank theft charge, the pair could be sentenced to up to five years in prison, up to three years of supervised release and a fine of up to $250,000.
TdA has allegedly developed revenue sources through a range of criminal activities, including ATM jackpotting to steal millions of dollars from financial institutions, prosecutors said in court documents.
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The two men were arrested on Feb. 5 in Augusta, Me., after an attempted ATM jackpotting robbery. (Photo by Robert Alexander/Getty Images)
Jackpotting proceeds are typically distributed amongst the gang’s members and associates to conceal its derivation, according to the court documents.
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The members are often told to split the proceeds from a jackpot operation with 50% earmarked and sent to gang leadership in Venezuela and 50% divided among the individuals conducting ground operations.
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Boston, MA
Red Sox insider hints Boston may have Pablo Sandoval problem with Masataka Yoshida
The Boston Red Sox were expected to have a busy offseason to build on their short 2025 playoff appearance, their first in four seasons. Boston delivered, albeit not in the way many reporters and fans expected — Alex Bregman left and no one was traded from the outfield surplus.
Roster construction questions have loomed over the Red Sox since last season. They were emphasized by Masataka Yoshida’s return from surgery rehab and Roman Anthony’s arrival to the big leagues. Boston has four-six outfielders, depending where it envisions Yoshida and Kristian Campbell playing, and a designated hitter spot it likes to keep flexible — moving an outfielder makes the most sense to solve this quandary.
The best case-scenario for addressing the packed outfield would be to find a trade suitor for Yoshida, which has proven difficult-to-impossible over his first three seasons with the Red Sox. Red Sox insiders Chris Cotillo and Sean McAdam of MassLive think Boston may have to make an extremely difficult decision to free up Yoshida’s roster spot.
“You wonder, at what point does this become a — not Patrick Sandoval situation — but a Pablo Sandoval, where you rip the Band-Aid off and just release,” McAdam theorized on the “Fenway Rundown” podcast (subscription required).
Red Sox insiders wonder if/when Boston will release Masataka Yoshida, as it did with Pablo Sandoval in 2017
Pablo Sandoval is infamous among Red Sox fans. He signed a five-year, $90 million deal before the 2015 season and he only lasted two and a half years before the Red Sox cut him loose. His tenure was marked by career lows at the plate, injuries and a perceived lack of effort that soured things quickly with Boston. Yoshida hasn’t lived up to the expectations the Red Sox had when they signed him, but he’s no Sandoval.
McAdam postulated that the Red Sox may be waiting until there is less money remaining on Yoshida’s contract before they potentially release him. Like Sandoval, Yoshida signed a five-year, $90 million deal before the 2023 season, which has only just reached its halfway point. The Red Sox still owe him over $36 million, and by releasing him, they’d be forced to eat that money.
The amount of money remaining on Yoshida’s contract is just one obstacle that may be preventing the Red Sox from finding a trade partner to move him elsewhere. Yoshida has never played more than 140 games in a MLB season with 303 total over his three-year tenure, mostly because he’s dealt with so many injuries since moving stateside.
Maybe the Red Sox could attach a top prospect to him and eat some of his contract money to entice another team into a trade, like they already did with Jordan Hicks this winter. But that would require sacrificing a quality prospect and it would cost more money, just to move a good hitter who tries hard at his job.
There’s no easy way to fit Yoshida onto Boston’s roster, but the decision to salary dump or release him will be just as hard. Yoshida hasn’t been a bad player for the Red Sox and he doesn’t deserve the Sandoval treatment, but his trade value may only decrease if he spends another year with minimal playing time. Alex Cora and Craig Breslow have a real dilemma on their hands with this roster.
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