Bureau of Alcohol, Tobacco, Firearms and Explosives

Audrey Strauss, the Acting United States Attorney for the Southern District of New York, John B. DeVito, Special Agent in Charge of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”), and Dermot Shea, Commissioner of the New York City Police Department (“NYPD”), announced charges against SHAWN GARCIA, a/k/a “Ralph Porter,” OSCAR RIOS, a/k/a “Oski,” and SUTHA TAYLOR, a/k/a “Sutha Colon,” (collectively, the “defendants”), in connection with their participation in an August 29, 2020 armed home invasion robbery in the Bronx, New York.  GARCIA and TAYLOR were arrested earlier this morning and will be presented in Manhattan federal court later today before U.S. Magistrate Judge Katharine H. Parker.  RIOS remains at large.

Acting U.S. Attorney Audrey Strauss stated:  “Oscar Rios and his co-defendants allegedly planned and executed a violent robbery, during which one victim was shot and another had her head covered with a garment while the alleged perpetrators coerced her to divulge the location of the other victim’s cash.  The three ultimately absconded with a safe containing cash, a cell phone, and marijuana. I thank the ATF and NYPD for their assistance in bringing these alleged brazen and reckless actors to justice."           

According to the allegations in the Complaint charging GARCIA, RIOS, and TAYLOR, unsealed today in Manhattan federal court:[1]

On or about August 29, 2020, the defendants participated in an armed home invasion robbery of an apartment in the Bronx, New York.  Shortly before the robbery took place, defendant OSCAR RIOS, a/k/a “Oski,” coordinated with certain other co-conspirators (referred to in the Complaint as “CC-1” and “CC-2”) to cause a resident of the Apartment (“Victim-1”) to leave the Apartment, under the guise that CC-1 wanted to buy liquor from Victim-1.  Once RIOS learned from CC-2 that Victim-1 was about to exit the Apartment, RIOS informed defendants SHAWN GARCIA, a/k/a “Ralph Porter,” and SUTHA TAYLOR, a/k/a “Sutha Colon,” via text message.

When Victim-1 opened the door to the Apartment, GARCIA, TAYLOR, and a third co-conspirator (“CC-3”) ran into the Apartment and physically assaulted Victim-1, including by striking Victim-1 in the head several times with at least one firearm.  While the assault on Victim-1 was in progress, another resident of the Apartment (“Victim-2”) was thrown into the bathroom and ordered to remain there.  Victim-1 was then shot one time.  After the shooting, one of the robbers placed a dark garment over Victim-2’s head and demanded to know where Victim-1 kept his safe, which contained proceeds from Victim-1’s marijuana sales.  Meanwhile, RIOS, who had gone to a nearby building, texted GARCIA and TAYLOR to inform them that area was clear for them to flee.  GARCIA, TAYLOR, and CC-3 then fled the Apartment, stealing the safe with cash proceeds from Victim-1’s marijuana sales, as well as other items found in the Apartment, including cash proceeds from Victim-1’s liquor sales, Victim-1’s cellphone, and marijuana belonging to Victim-1.

As a result of the assault and shooting, Victim-1 was hospitalized for several days.  

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GARCIA, RIOS, and TAYLOR are each charged with one count of conspiracy to commit Hobbs Act robbery, in violation of Title 18, United States Code, Section 1951, which carries a maximum sentence of 20 years in prison; and one count of substantive Hobbs Act robbery, in violation of Title 18, United States Code, Section 1951, which carries a maximum sentence of 20 years in prison.  GARCIA and TAYLOR are also each charged with one count of carrying and discharging a firearm during and in relation to a crime of violence, which carries a maximum sentence of life in prison and a mandatory minimum sentence of 10 years in prison.

Ms. Strauss praised the outstanding investigative work of the ATF and NYPD, in particular, the Strategic Patterned Armed Robbery Technical Apprehension (“SPARTA”) Task Force, which comprises agents and officers of the ATF and the NYPD.  

The prosecution of this case is being handled by the Office’s General Crimes Unit.  Assistant United States Attorney David J. Robles is in charge of the prosecution.

The charges contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

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