AceBreakingNews – U.S. Attorney’s Office, Southern District of New York

Ace Press News From Cutting Room Floor: Published: Oct.25: 2023: U.S Court News Tuesday, October 24, 2023: For Immediate Release: TELEGRAM Ace Daily News Link https://t.me/+PuI36tlDsM7GpOJe

Damian Williams, the United States Attorney for the Southern District of New York, James Smith, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Edward A. Caban, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of a Complaint charging MIGUEL DIAZ with firing a weapon outside a Bronx deli, wounding a victim in the arm.  DIAZ was arrested this morning and was presented today before U.S. Magistrate Judge Katharine H. Parker.

U.S. Attorney Damian Williams said: “As alleged, Miguel Diaz — who was previously convicted of reckless endangerment — fired a bullet outside a deli in the middle of the day at the corner of Edward L. Grant Highway and Jesup Avenue in the Bronx.  Thanks to the swift action of our law enforcement partners and the prosecutors of this Office, Diaz will now be held accountable for his alleged reckless and violent actions.”

NYPD Commissioner Edward A. Caban said:

“ The dedicated men and women of the NYPD, who have accomplished a 26 percent reduction in shootings so far this year in New York City, are still battling a scourge of gun violence that threatens everyone who lives, works, and visits here. And just as New Yorkers expect and deserve, we and our law enforcement colleagues vow to keep working tirelessly to investigate and arrest anyone brazen enough to carry and shoot an illegal weapon on our streets.”

On October 4, 2023, at approximately 6:00 p.m., as captured by surveillance video, DIAZ walked southbound to the corner of Edward L. Grant Highway and Jesup Avenue and stopped for several minutes outside a Bronx deli.  As DIAZ’s victim emerged from the deli, DIAZ approached the victim from behind, pulled a firearm from his right pocket, and fired a shot.  DIAZ was then seen returning the firearm to his pocket and fleeing the scene.

According to the allegations in the Complaint:^[[1]]

Below are still images of DIAZ, as captured by surveillance video, showing DIAZ as he fired the gun:

NYPD officers recovered a 9mm FC Luger shell casing from the scene. Below is a photograph of the recovered shell casing:

DIAZ was not permitted to possess ammunition because of a prior felony conviction for reckless endangerment.

DIAZ was released from state custody on June 1, 2023, after serving a sentence of nearly five years in prison. The Bronx shooting occurred only four months later.

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DIAZ, 40, of the Bronx, New York, is charged with possession of ammunition after a felony conviction, which carries a maximum sentence of 15 years in prison.

The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge. 

Mr. Williams praised the outstanding investigative work of the FBI and the NYPD.

This case is being handled by the Office’s General Crimes Unit.  Assistant U.S. Attorney Ryan T. Nees is in charge of the prosecution.

The charge contained in the Complaint is merely an accusation, and the defendant is presumed innocent unless and until proven guilty.

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[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth below constitute only allegations, and every fact described should be treated as an allegation.

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