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Swoah t1_jb50zqd wrote

Good on his step family for IDing him and helping get this monster arrested.

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GoodLifeWorkHard t1_jb7ixva wrote

His step father definitely saw some warning signs and the media's photo of him just sealed the deal.

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sokpuppet1 t1_jb7hgax wrote

How’d they ID him without a typewritten description carried in a newspaper? It’s almost like a photo of him was just fine and that a written description was completely useless. Almost like the idiots demanding every news story focus on the race of the perpetrator are actually racists!

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tripsafe t1_jb7inmz wrote

Right because simply stating a physical attribute is suddenly focusing on that

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fieryscribe t1_jb51w93 wrote

> McIver already has an attempted rape case pending from 2019, when he broke into a sleeping 16-year-old girl's Bronx bedroom. He was caught in that case following a tip from neighbors and is due back in court March 29.

According to Pix11, he was out on ROR:

> McIver was already facing an ongoing Bronx case dating to April 2019 and was free on his own recognizance, police sources said. Public online court records indicate that McIver had pleaded guilty to burglary in that case, and that other charges included sex abuse.

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ChrisFromLongIsland t1_jb5h22j wrote

To me this has little to do with bail. It has to do with how on earth can it take 4 years to procecute someone for sexual assault. Assuming the description of the crime is accurate he should have been convicted in less than 6 months then in prison for a bit and would probably be out of prison by now. If can't take 4 years to procecute someone for a case that is not that complicated. This is not a super sophisticated crime. It's seems to be as routine as an unknown sexual assault case could be. The criminal justice system is broken not the bail system.

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fieryscribe t1_jb5jvgp wrote

> To me this has little to do with bail.

I didn't say anything about bail. Even with a bail system, an adult (he was likely around 26 at the time) who was accused of trying to sexually assault a minor shouldn't have been let out on ROR.

FWIW, the Post adds:

> Online records show that he was ordered held on $250,000 bail during his initial court appearance in the case.

> It is not clear whether he ever made bail, but at trial in March 2020, he was ordered held without bail – only to be released on his own recognizance weeks later with an order of protection issued, online records show.

I do not know the details of this case beyond what news reports note, but I agree: this has taken too long. It may be appeals, Covid or whatever, but 4 years is unacceptable.

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elizabeth-cooper t1_jb5l7e9 wrote

I've been following the case of an accused arsonist since he was arrested in 2019. Seems like this isn't necessarily so uncommon. Many of the delays are from the defense, especially if their client is free.

The arsonist? He may prefer being on Rikers to being sent up the river. If you think Rikers isn't fun, Sing Sing is even less fun.

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fieryscribe t1_jb5leop wrote

Yeah, could very well be. I imagine there are a number of procedural delays, especially in a case such as that which involved eyewitness testimony. Covid may have also played a role after 2020.

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PiffityPoffity t1_jb5nmuv wrote

COVID absolutely played a huge role. Courts had to cancel a bunch of hearings and trials, which then got rescheduled and pushed other hearings and trials back, etc. Courts were already struggling with the workload pre-COVID and they haven’t caught up since.

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PauI_MuadDib t1_jb5zzem wrote

Our legal system, especially for sex crimes, has a ton of issues. Remember, the NYPD's sex crimes unit is even currently under federal investigation for how badly they handled investigations/reports of sex crimes, including filing wrong complaints, not doing even basic investigations or convincing victims not to report their sexual assault because detectives didn't want to do the work.

https://www.pbs.org/newshour/politics/following-years-of-complaints-justice-department-to-probe-nypd-sex-crimes-unit.

https://apnews.com/article/crime-police-new-york-sexual-assault-5c515e3b034e1e937689f37a063adb61.

Then add in that judges and prosecutors tend not to take sex crimes seriously either, and you've got situations like this.

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thebruns t1_jb6a9rf wrote

I was recently called to jury duty for a case where the incident happened in 2018. It wasnt even a serious crime (not rape or murder). WTF does this take so long

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1600hazenstreet t1_jb7uk1h wrote

Covid happened. the city was shut down for 2 years. Self inflected.

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SumyungNam t1_jb9er7u wrote

I kept getting calls from the assistant da to testify before covid...after covid he stopped calling wonder if they dropped the case loo

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jadedaid t1_jbipc5n wrote

I’ve got a traffic violation from 2019 that keeps being pushed down the line. I don’t think I’m going to court for that this year.

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Grass8989 t1_jb5hvuj wrote

He should be out of prison by now for attempting to rape a 16 year old?

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tonyhasareddit t1_jb5xkpd wrote

He didn’t say “should”, he said “would probably”. And he’s probably right. That doesn’t make it just.

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Grass8989 t1_jb55vvl wrote

Thank god he wasn’t languishing on Rikers!

/s

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Dolos2279 t1_jb582n9 wrote

Capitalism, racism, and ham sandwiches made him do it, so he had to be let free to rape more women. It's only fair.

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Turbulent_Link1738 t1_jb5t7rv wrote

Thank God Rikers didn’t kill him extrajudiciously by forcing him to take illegal drugs

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PandaJ108 t1_jb5esl5 wrote

Nothing to see here. Just somebody who pleaded guilty to a sexually motivated burglary still out and about to rape more people.

But if one dares to call for the incarceration of such career violent repeat offenders you get accused of “wanting to lock everybody up”.

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cranberryskittle t1_jb5h4h2 wrote

wE hAvE tHe MoSt InCaRcErAtEd PeOpLe oF aNy CoUnTrY!!!

...like, so the fuck what if we do? I'm totally comfortable with locking up murderers, rapists, and other violent filth for life with no possibility of parole. It's a pity that so many seem more concerned with violent felons' rights than their victims.

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PandaJ108 t1_jb5igbw wrote

NY gets lumped with the rest of the country. NY (the state) incarceration rate is lower than the country average by quite a bit. And NYC rate of incarceration is even lower.

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NetQuarterLatte t1_jb6liw0 wrote

And there's so much fear-mongering.

A white person from the midwest is made to believe they would get murdered the first day in a NYC subway.

A black person from NYC is made to believe they would be wrongly convicted for a crime or brutalized by white cops the moment they step in the midwest.

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1AngryBrotha t1_jba0hl1 wrote

https://www.nytimes.com/2020/02/16/us/jaylan-butler-eastern-illinois-police.amp.html

https://abc7chicago.com/lawrence-crosby-northwestern-university-black-student-beaten-by-police/5098387/

https://m.youtube.com/watch?v=05dX2LFsOEc

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Rottimer t1_jb5yxst wrote

And what’s the crime rate for the state compared to other states? It’s not like incarceration rate is inversely correlated with the crime rate - otherwise Nee Orleans would be one of the safest cities in the country instead of one of the most violent.

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NetQuarterLatte t1_jb5jrza wrote

The US has a high in a incarceration rate.

But NYC has a much lower incarceration rate.

We are on par with or lower incarceration rate than Canada and Luxembourg.

But at what cost? This is one kind of criminal who is kept out of jail. No one is being held in jail for stealing a sandwich anymore.

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Grass8989 t1_jb5i7c1 wrote

It’s funny because MANY OF these countries that they cite that have less incarceration than we do, have WAY stricter punishments when it comes to rape. You definitely wouldn’t be walking free pretrial.

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cranberryskittle t1_jb5im3e wrote

They usually hold up the Nordic countries as the model for "rehabilitation" type prisons, and I don't think rape is really punished that much in those countries. I don't have the data available on me, but if memory serves it's usually a slap on the wrist in terms of time and comfort.

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sp1200_ t1_jb76aw4 wrote

People see that stat and just want to go full Goodhart's Law.

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senteroa t1_jb7azsg wrote

'Murderer' and 'rapist' aren't conditions that human beings are innately born with it. Terrible societal ills produce 99% of these cases. Rather than put resources toward curing and preventing those ills, you'd rather throw money into the bottomless, idiotic, demonic pit of police & prisons -- which only serve to further entrench and intensify society's ills.

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Rottimer t1_jb5ygyl wrote

Who exactly is arguing that guilty violent offenders shouldn’t go to jail?

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PandaJ108 t1_jb655o5 wrote

People who resort to bringing up nationwide incarceration rates when stating X NYC violent offender should have never been free to commit another violent crime. They may be absent in this particular thread but I have dealt with plenty of them.

Then if you want to go beyond reddit. People in positions of power and/or with a following in regards to criminal justice. Tiffany Caban does not think this guy should be locked up. Advocates with a following (like rebecca kavanaugh, Adam Johnson, Scott hechinger) don’t think this guy should be locked up.

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NetQuarterLatte t1_jb58c8t wrote

>McIver already has an attempted rape case pending from 2019, when he broke into a sleeping 16-year-old girl's Bronx bedroom.

I think even the most ardent criminal justice advocates don't get surprised at this anymore.

They can bury the head in the sand and stay silent, but cannot claim ignorance.

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limasxgoesto0 t1_jb5ky5b wrote

I'm pretty far left and believe in reforming when possible, but what is going on these days in a lot of major cities? Why aren't we actually prosecuting violent crimes? To some degree I can forgive shoplifting, and minor Marijuana possession charges need to be cleared right now, but violent crime seems like such a no brainer

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NetQuarterLatte t1_jb5ny6v wrote

>Why aren't we actually prosecuting violent crimes?

We are, but not very successfully.

This thread below (now locked by the mods) covered how that guy, even if arrested for a felony, has a system stacked in his favor (15 to 1 to not get a felony conviction).

https://www.reddit.com/r/nyc/comments/11j3msr/comment/jb1i9df/?context=3

By reddit standards, that thread had a rather cordial and informative discussion about the topic.

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RoozGol t1_jb5r363 wrote

> I can forgive shoplifting

Easy when you are not the shop owner! Go ahead and Virtue Signal at the expense of others.

0

b1gb0n312 t1_jb5ts7n wrote

Donald trump's fault. He was in charge when this happened

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Rottimer t1_jb5xzq1 wrote

2019 was before covid and before bail reform. So I’m curious what you think people are burying their head in the sand about. The issue is why has 4 years passed and this guy not been tried yet.

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NetQuarterLatte t1_jb5zh8o wrote

>2019 was before covid and before bail reform.

I was not talking about the bail reform, but I noticed this pattern where someone would inject a non sequitur defense about the "bail reform", and draw the attention of the most rabid bullies in the sub.

I'm going to start calling that out.

>So I’m curious what you think people are burying their head in the sand about.

Since you're curious, I'll be more specific: advocates have been ignoring that our government is doing a bad job at preventing preventable violence and delivering justice for the victims.

Many of those victims end up in a more disadvantaged position than most people who is spending any time at Riker's recently (TBH, it's not a high bar, because even people who stay at homeless shelters are at greater risk of death than people who stay at Riker's...). The two victims from this one guy are condemned for life with that trauma.

I think it's fine to advocate for the constitutional rights of the defendants. When are we going to prioritize the victims?

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Rottimer t1_jb61mcv wrote

You and I see the problem very differently. Correct me if I’m wrong, but you look at this incident and wonder why he was not remanded to jail until his trial. I look at this and wonder why he still hasn’t been tried after 4 years.

You look at this as advocating for constitutional rights of defendants. I look at this as advocating for everyone’s constitutional rights. Though I admit I’m biased because I’m black and far more likely to be wrongfully convicted of a crime. So I take those constitutional rights seriously. I don’t have the privilege to poo poo them in an effort to feel safe.

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NetQuarterLatte t1_jb6gwc2 wrote

I understand that you're worried that guy may be wrongly convicted. And that you're worried you might also be wrongly convicted.

Indeed many males have been wrongly accused and convicted of sexual assault in the past. And history has many examples of that.

However, I claim these fears have been blown out of proportion in today's NYC.

And the fear-mongering environment (of innocent people being unjustly convicted) is actually part of what has been blocking the answer to what you asked: "why he still hasn’t been tried after 4 years".

That problem doesn't get addressed because our legislative is more worried about the defendant's rights than worried about achieving justice as a whole.

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Rottimer t1_jb6zwak wrote

>We are to look upon it as more beneficial, that many guilty persons should escape unpunished, than one innocent person should suffer. The reason is, because it’s of more importance to community, that innocence should be protected, than it is, that guilt should be punished; for guilt and crimes are so frequent in the world, that all of them cannot be punished; and many times they happen in such a manner, that it is not of much consequence to the public, whether they are punished or not. But when innocence itself, is brought to the bar and condemned, especially to die, the subject will exclaim, it is immaterial to me, whether I behave well or ill; for virtue itself, is no security. And if such a sentiment as this, should take place in the mind of the subject, there would be an end to all security what so ever.

-John Adams

I have no idea why this guy's crime hasn't been adjudicated. There is a lot of evidence that much of these delays in criminal court are the fault of the state more than the defendant. But we have a fundamental disagreement on civil and constitutional rights if you believe that achieving justice and defendant's rights are in opposition to each other.

−1

NetQuarterLatte t1_jb73fid wrote

>But we have a fundamental disagreement on civil and constitutional rights if you believe that achieving justice and defendant's rights are in opposition to each other.

In spirt, I don't believe they are in opposition.

In practice, if one pursues one side with recklessness, then pursuing one can hurt the other.

Anyone who pretends that's not the case would be denying part of the reason the US end up with mass incarceration.

Now that the pendulum swung over the other direction, defendant's rights are being increasingly overprotected at the expense of the public (at least in NYC). The discovery reform is probably a good recent example of that.

The right for a speedy trial should also apply to The People. If the suspect is free on the streets, the defense should be on the clock to be ready for trial, in my opinion.

​

>for guilt and crimes are so frequent in the world

That may have been true in his time, but that line would make John Adams be labelled as a crimes fear-monger in today's NYC.

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oreosfly t1_jb6wyh6 wrote

ABC7 updated their article with the following info:

> When McIver was initially arrested in 2019, bail was set at $250,000. But he was released on his own recognizance in March 2020 after prosecutors failed to act in time under the speedy trial law.

> He was given a second chance and offered a no jail plea if he completed two years of treatment. He accepted, knowing that if he failed, he would be sent to prison the full five years.

A no prison plea for an attempted kiddie rapist? This city is run by fucking morons. Sentence him to treatment all you want but he can receive that treatment in prison.

God I fucking hate this place sometimes

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alias_impossible t1_jbcteix wrote

2020 reforms for fairness to stop issues like Kalief Browder included Speedy Trial, Bail Reform, and Discovery reform. All at once. What it didn't include? More money. More money to comply with the new standards. To hire relevant staff. To invest in the Alternatives to Incarceration that work, and report people who stop adhering to their ATI mandate while in community.

That doesn't excuse what happened, but it does make it more understandable in knowing that the learning curve to so many changes would be a rough one.

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BunLife t1_jb59fsh wrote

I get innocent until proven guilty, but if all the evidence is there... shouldnt it be an open & shut case?

His actions are ruining the lives of others, it's not like his victims can just continue living their lives like normal

I just don't get how this makes sense

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[deleted] t1_jb5dtsv wrote

[deleted]

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BunLife t1_jb5s5lm wrote

That is true, but for the Central Park Five there was no physical evidence that connected any of the teens to the scene.

I was thinking more in a situation where there is evidence beyond a reasonable doubt. (Eg. clear video footage used to identify the individual and victim hospital records assuming she had a rape kit test done)

This suspect also got an ROR for the exact same type of sexual assault.

I understand it's due process, but damn.. feels like we're failing our citizens

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Rottimer t1_jb5zp4l wrote

Even video evidence can be questionable. There was a black man arrested for robbing places because his own mother turned him in after thinking she recognized him in video footage on the news.

Turns out it was a white man in a realistic mask.

https://abcnews.go.com/amp/US/white-man-lifelike-black-mask-evade-arrest-robberies/story?id=12288529

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ketzal7 t1_jb8x0we wrote

Damn imagine your own mother turning you in without even knowing you had done it for sure.

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wReStLeRmAn_ t1_jb5dxzx wrote

Doesn’t matter who you are we are all entitled to due process, not that I condone this deplorable act of violence.

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NetQuarterLatte t1_jb595lo wrote

This is a report about the 2019 case from the same suspect: https://nypost.com/2019/04/10/cops-bust-creep-who-forced-teen-to-touch-his-groin-during-break-in/

>McIver allegedly pulled his vehicle to the front of the girl’s building on Beck Street near Avenue St. John in Longwood and slipped into her apartment through a fire escape window shortly before 4 a.m. Monday, authorities and law enforcement sources said.
>
>The 16-year-old girl told police she woke up to find him standing over her bed.
>
>“I want you to touch me, ” the stranger told her, according to police sources. “Don’t scream. I have a gun.”
>
>He then grabbed her hand and placed it on his pants, over his genitals, police said. The terrified teen was able to free herself from his grasp, prompting the man to flee from the room through the same fire escape window.

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RedOrca-15483 t1_jb5h1bq wrote

Can't speak for everyone, but I would like to know very much from all the "abolish prisons and shut down rikers" folks what should be done with assholes who deserve a firing squad like this dude?

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lynxminx t1_jb65f85 wrote

'Abolish Prisons' is only a very small subset of the 'Shut Down Rikers' faction. Rikers is a hellhole beyond hope of repair; it's past due to be replaced by newer facilities.

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[deleted] t1_jb5ltri wrote

[deleted]

−12

stopcallingmejosh t1_jb62zbl wrote

>I mean Rikers is some fucking sub-third-world nightmarish shit. I'd rather go to jail in China.

You say that, but I promise you don't actually mean it

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Turbulent_Link1738 t1_jb61tdu wrote

People who say that have never been in a political jail. Human rights are a suggestion over there

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[deleted] t1_jb623np wrote

[deleted]

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Turbulent_Link1738 t1_jb62f27 wrote

Because people cry about solitary confinement or CO’s using force. The CO’s can absolutely take control, but they’re not allowed to by policy.

When you bunch of worthless violent shitheads with nothing to contribute to society and lock them in a hole, did you think they were going to become a beacon of the society that rejected them, or just continue their violent disgusting ways?

14

[deleted] t1_jb5rdwn wrote

The fact that when this was first reported on everyone in the comments was calling it that the guy had prior convictions. It comes out he literally got caught 4 years ago doing the exact same thing is just not surprising at all. NYC needs to get its shit together or everyone is going to leave.

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[deleted] t1_jb5vel3 wrote

[deleted]

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stanisvict t1_jb6zgwy wrote

You do realize that compared to 15 years ago the city has never been safer…

−8

[deleted] t1_jb6zupt wrote

[deleted]

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stanisvict t1_jb9h2mu wrote

Oh sure. I was born and have lived here a long time. Every seen the movie warriors?

−3

lupuscapabilis t1_jbah6t7 wrote

Everyone loves using the seatbelt analogy with covid, so how about here? Do you think it's acceptable to have seatbelts in cars that "work better than they used to" or seatbelts that actually work?

When it comes to, oh, I dunno, RAPE, there should be no "there's rape, but not as much rape as there used to be."

1

stanisvict t1_jbelj2x wrote

So how about what…. Per capita nyc isn’t even in the top 50 cities in the US for crime. Go check it. There is also a thing called the dripping tap. At some point there is a diminishing return on activity to prevent crime versus cost. Crime will always exist. The question is are people pushing it for political use or are they actually having a fair conversation.

NYC is safe. Crime varies depending on economics and other issues, but on a whole it isn’t close to being as bad as the top 50 cities in the US per capita.

The laser focus on NYC is done by ignoring other places which are 10 times worse by population. I usually think about crime as probability I am at risk and not by total numbers in a city of 9 million. If 500 people are killed in NYC the per capita is low, but every one goes nuts like “it’s 500” people and your city is out of control.

Is it variable and higher than say 2 years ago… sure. Is it out of control … no.

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Radun t1_jb5ixg1 wrote

not surprised he was released on the same charge in 2019, the victim should sue the city

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ideological_fatling t1_jb5xem1 wrote

Good upstanding people with morals and integrity have rights too.

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Jermainator t1_jb6aocf wrote

The comments about how long it takes to conduct a trial are valid, but it seems that's something our politicians and justice system deem adequate (without further funding).

I don't think we have ppl elected or entrenched in the roles that have the power to make changes..... That can be trusted, regardless of which side of the fence they sit. Democratic controlled state.... And the poor are treated so bad and made to eat shit all day... And the alternative are the raving mad republicans we have who just want him crow back.

Prosecutors need to conduct cases with more integrity, police need more integrity, and the laws need to be made so that they are effective, and everything needs to be appropriately funded so they can be accountable for their efforts.

This guy, for all I care, should just be shoved into a NYCHA building's furnace and we call it a day. Nothing to save here, just some trash that needs to be discarded. Rapists and pedos all belong in the same place if they can't be put in the deepest corner of a prison.

3