Tekashi 6ix9ine sentencing: live feed from inside the courtroom

Judge Engelmayer: I impose 300 hours of community service when you get out, and a fine of $35,000. Mr Hernandez, the worst part is over. There is a great deal to be admired about you. You're learned a hard lesson here. I wish you very very well. We are adjourned.

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: Mr Hernandez, please rise. It is the judgment of the court you are to serve a term of 24 months in prison, with five years of supervised release.

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: Mr Hernandez, if you expected to be released today, you will be disappointed. But you were wise to cooperate. Your cooperation will result in years more liberty.

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: So far your story appears to prove that there is no such thing as bad publicity... In the end my judgment is that 13 months is not enough. I've considered other 5k sentences, in gang violence. 13 months is outside the mainstream.

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: I do not expect you to be tempted to commit violence again. If you do, I am the judge in your case. And your economic self interest. You have struck a lucrative deal. The situation is unusual. You are very fortunate. You will land on your feet.

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: You are world famous for cooperating. No gang will want to work with you. Everything I've seen suggests to me this has been a searing experience for you. You have squandered 13 months so far...

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: Anyone of use could have been in Times Square, or the Barclays Center, or in the street, with Kifano Jordan, or Anthony Young [Inner City Press: Aaron Young? https://t.co/m3U5Ps1AQx

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: I appreciated the memes, whether at your expense or mine. But I need to say, Nine Trey was violent, not to be glorified. Cooperation of criminal insiders is a necessary tool. Imagine the members of 9 Trey free today. There was the slashing victim

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: I have no doubt that the process of cooperation has for you been cathartic.
For all these reasons you deserve a very substantial reduction, & you will receive you. I followed some of the commentary during the trial, I took much of it in good fun

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: The jury's two not guilty verdicts on firearms charged did not implicate your testimony. If have little doubt if the jury were asked if a firearm had been brandished during your kidnapping, they would have said yes. And today you apologized

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: You testified at the trial this fall, I saw you staining to make sure you were measuring your words right. You testified in harsh glare of nationwide publicity. There were two other cooperators. But you squarely implicated the two defendants

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: You met with the government 26 times, reviewing social media messages and decoding them. Your cooperation enabled the government to take down a violent gang, beyond the six including you named in the initial indictment.

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: Your cooperation was courageous. The danger to you is multiplied by your music career, which I understand you intend to continue. The fact that you are unusually recognizable does not help you. pic.twitter.com/nFLLgdg39E

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: Your driver had been cooperating for many months against you... The attack on Frenchy's van was captured on security video. I therefore conclude that one way or another the full range of your conduct would have come to light.

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: But for your cooperation, you would get a very long sentence. When you began to cooperate in November 2018, some incidents the government didn't know about. But it knew about a lot. The April 3 robbery. The two April 18 shooting.

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: As a result of your musical career, you could have gotten the advise of security people, and presumably lawyers and accountants. I have sentenced 100s of defendants for gang activity. Your daughter had nothing to do with your decision.

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: That excuse is not available to you. By the time you began with Nine Trey, you were a nationally famous rapper. You had a prosperous future. Your counsel says he joined to break out of poverty. I am not buying that. You were set.

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: Bruce Springsteen sang about murder.
[Inner City Press: this line will have legs]
You essentially joined... Your choice to join Nine Trey was unnecessary. I see a lot of gangs, like a 76 defendant Bronx case. They fell in at a young age.

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: You have not been charged with using the members of the gangs as extras. You used them to much effect in GUMMO. It was your artistic license to do that. You are not being sentenced for that.

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: Your first crime, use of a child in a sexual performance, you said the same thing, that older acquaintances were having sexual intercourse with the underaged girl. That excuse may have worked once, but it doesn't work twice

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: You told the US Probation Department you were brainwashed by the gang. That might be partially true. But the relationship was symbiotic. They got something out of it. But so did you [Engelmayer slows the words down: So. Did. You.]

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: Shotti said he carried an assault rifle to protect you from the beefs you started. He was recorded by Jorge Rivera saying this. You didn't shoot, but you are responsible. And so, I reject the portrait of you as a passive participant.

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: You used Nine Trey as a potent means of getting even with your rivals. You claim you "foolishly commingled with members of the gang" - but it's more than that. The attacks would not have happened without you.

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: Apart from the number and vengefulness of these attack, there's also that they were to benefit you. Before you, the gang didn't fight with rap entourages. They had no independent interest in going after musicians and their management groups

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: The woman, Sky, whose backpack was stolen and video of whom you put online, said this.

[Story with letter: https://t.co/zKzsVASZTd

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: In that incident in Smurf Village, a woman was shot in the foot - LL who we heard from today. Next was Snow Billy - Aaron Young shot him & I sentenced Aaron Young to 20 years.

[Inner City Press story on that sentencing: https://t.co/m3U5Ps1AQx

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: Next was Chief Keef, He was in New York, you were in LA. You offered $20,000 to shoot at Chief Keef outside W Hotel. You later gave $10,000.
Then you were in LA. A rival was live streaming in Smurf Village. Jordan offered to shoot, you said OK

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: Then at the Barclays Center. You and Casanova were beefing. Your song "Billy" was a response. [Song was played at trial, half of it.] You inflamed matters by posting a video mocking Casanova

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: You took the backpack and it was found in your home. As it happened, the musicians surrendered easily. But they might not have. Later, outside a restaurant when people yelled "F*ck 69." Jordan struck them with a firearm.

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: When you pled guilty, you admitted to attempting to commit murder. On April 3, 2018, with a record label in Texas [Rap-a-Lot]. You drove to 40th Street and 8th Avenue. Kifano Jordan robbed the musicians at gunpoint.

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: Jordan fired into the sprinter van, in the Times Square area. It is a matter of sheer luck that an innocent person or people was not wounded or killed.

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: For the better part of a year, you were part of a violent gang. So that there is no misunderstanding, here is a specific account of those act. First came Trippy Redd... You decided to shoot at a member of Trippy Redd's entourage

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: However, I cannot agree with your counsel that time served it appropriate. In my judgment, your conduct is too violent and selfish to make 13 months reasonable. You will not be going free today.#Breaking

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: Mr. Hernandez, I've given it a lot of close thought, including your cooperation. The following are my thoughts, & this is going to take a little while.

You are in custody for 13 months. I agree you deserve a great deal of credit for cooperation.

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer is back. "Is there any reason sentence should not now be imposed?"
AUSA Longyear: No, your Honor.
Judge Engelmayer: Mr Hernandez, your sentencing has attracted a lot of attention, but the factors are the same as on anyone's. Section 3553a...

— Inner City Press (@innercitypress) December 18, 2019

Yes. Judge Engelmayer will come back, and read a long speech, saying these are serious crimes but on the other hand... then after a pause... and a drum roll.. he will deliver his sentence.

Then ask if the government moves to dismiss any open counts. @SDNYLIVE https://t.co/FY9BBZ0Tbi

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer shoots down Daniel Hernandez' biological father as being too late, then announced a ten minute break (as he often does before reading a sentencing decision with the number, the money shot, at the end). thread will continue https://t.co/zKzsVASZTd

— Inner City Press (@innercitypress) December 18, 2019

Hernandez: Your Honor, allow me to inspire people. Not only the young people here, but the millions around the world listening and watching. [How?]

Now Mr. Hernandez's biological father raises his hand to speak. Judge Engelmayer says, I'm sorry, it's too late

— Inner City Press (@innercitypress) December 18, 2019

Hernandez: If I can change for the better, so can they. I was born and raised in Brooklyn, New York. I lost my father to violence. I grew up with no guidance. It was me, I live it, so I know.

— Inner City Press (@innercitypress) December 18, 2019

Hernandez: I failed these people. They believed in Daniel Hernandez. I was too busy making the negative image in my 69 persona. I know God has a bigger plan for me. I want to inspire the youth that it never too late to change.

— Inner City Press (@innercitypress) December 18, 2019

Hernandez: I failed these kids, the millions of kids, my own kids, I haven't spoke too, the whole time incarcerated. It will be a priority of mine to visit low income families.

— Inner City Press (@innercitypress) December 18, 2019

Hernandez: Tati told me, if I can be strong, they can be strong. When people see me, they don't only see Tekashi 69, the arrogant - I'm a human, I got organs just like everyone in this room. They see Daniel Hernandez, not Tekashi 69

— Inner City Press (@innercitypress) December 18, 2019

Hernandez: I realized I was not just a kid with rainbow hair and 69 tats - Franklin told me I was hope. Then I met another girl named Tati. She broke out of her shell. It was September. The family was struggling. I took them school shopping for the year

— Inner City Press (@innercitypress) December 18, 2019

Hernandez: Your honor, a 5 year old boy named Franklin was dying of cancer. He wanted to meet me. I asked myself, Why? But I went. Cancer had disabled the right side of his body. I told him how strong he was.

— Inner City Press (@innercitypress) December 18, 2019

Hernandez: I wanted to prove something to the world. I wanted the world to see me as an example, that you are in control of where you go. I used my platform to push the message, If I did it, why can't you? I gave people hope.

— Inner City Press (@innercitypress) December 18, 2019

Hernandez: If you told me in January 2017 I'd be a global star, I'd call your crazy. If in January 2018 you'd tell me I'd be part of a federal indictment, I'd call you crazy... Since the age of 14, when I lost my father. At 15, 16, 17 I'd see my mom wake up early

— Inner City Press (@innercitypress) December 18, 2019

Hernandez: I wrote a letter, I'll read it. [Voice changes] I know there is no apology that can kill off the pain we have all been effected by. I'm not perfect. I made a lot of bad choice but that does not make me a bad person.

— Inner City Press (@innercitypress) December 18, 2019

Hernandez: I know that throwing my money at a situation is not the best result. But whatever medical bills you want me to pay, I will. I'm sorry that happened to you.
I was in third grade the last time I saw my biological father, a fucking glance I took, sorry

— Inner City Press (@innercitypress) December 18, 2019

Hernandez: I am not a victim. I put myself into this position from Day One. I allowed them in. That was my decision. To the lady who came forward, Ms. LL, I don't know you. I'm sorry for what happened.

— Inner City Press (@innercitypress) December 18, 2019

Hernandez: I denounced being Nine Trey before the arrest. I was aware that the mother of my child was having sexual relations with Kifano Jordan. Via text messages. I was already kidnapped by Anthony Ellison. The booking agents were stealing hundreds of $1000s

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: Thank you, Mr. Lazzaro. Mr Hernandez, this is your time.#6ix9ine / Hernandez: "Your Honor, I really don't know where to start. [Pause]. This past year, I can't describe it. I wrote something down. I know we haven't had the chance to speak.

— Inner City Press (@innercitypress) December 18, 2019

Lazzero: When you get to know him, he's not a bad kid. If given a second chance by your Honor, I believe you will never see him again. I'm asking for Time Served and three years of supervised release.

— Inner City Press (@innercitypress) December 18, 2019

Lazzaro: He helped take down a major gang. We all know his testimony was leaked on the internet. Those pictures will forever be used against him.

— Inner City Press (@innercitypress) December 18, 2019

Lazzaro: With respect to Mr. Ellison, that had to do with them kidnapping and robbing Mr. Hernandez. He will always have to have full time security. This is different than the normal cooperator. He's a target for any gang member. He's got a life long sentence...

— Inner City Press (@innercitypress) December 18, 2019

Lazzaro: From the day he appeared before Magistrate Pitman, he cooperated. He took down a major gang. Four other additional defendants were arrested and taken off the street because of Mr. Hernandez. His testimony was believed by the jury.

— Inner City Press (@innercitypress) December 18, 2019

Lazzaro: Maybe joining Nine Trey contributed to him becoming a star. But it was the worse decision he ever made. It has resulted in his imprisonment. As Michael Longyear stated earlier, my client's cooperation was complete.

— Inner City Press (@innercitypress) December 18, 2019

Lazzaro: He meets Kifano Jordan, who tells him to go buy some Hennessy and he'll get the gang members together to shoot the video. It blows up. And second one blows up. These gangsters of Nine Trey, they see that if they can control Daniel Hernandez, they're rich

— Inner City Press (@innercitypress) December 18, 2019

Lazzaro: Daniel decided he's going to out and tour Eastern Europe, try to make a career. But he didn't make much money. In 2017 Daniel Hernandez he writes the song GUMMO. He's going to change his image, this gangster image. That's who he got involved with 9 Trey

— Inner City Press (@innercitypress) December 18, 2019

Lazzaro: Every dime, he gives to his mother, when he's working at a deli. His mother is waking up early to go clean houses. He's picked up cans to sell them. They went to church every Sunday. He sings in the choir. He decides to make music videos in the backyard

— Inner City Press (@innercitypress) December 18, 2019

Lazzaro: The impact of that, his step father being killed and Daniel felling guilty that he didn't go to the store with him, he is diagnoses with depression. He's given medication.

— Inner City Press (@innercitypress) December 18, 2019

Lazzaro: Daniel's mother was living day to day. There were many nights Daniel and his brother went to bed hungry. Then Daniel's mother meets a man he considers his step father, he becomes a father figure. Then he was murdered on the street.

— Inner City Press (@innercitypress) December 18, 2019

Lazzaro: ...So we go to that proffer meeting and we're basically told that certain members of the gang are trying to super violate him.

— Inner City Press (@innercitypress) December 18, 2019

Lance Lazzaro: Mr Hernandez sits before you today, given a second chance. The only that comes from being a gang member is a life in jail. That will be his message, if given a second chance. He has tried to do the right thing.

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: I can see how hard this was on you. I am sorry that happened to you. I appreciate the courage, and I mean that word deliberately, that it took to come here.
Mr Longyear, you are unaware of any other victim? Anyone else where? No other hand up.

— Inner City Press (@innercitypress) December 18, 2019

LL - At the end of the day, he was the mastermind. I have bruises on me. I have to look at myself. I just want an apology. It took a lot of me to come here. I want to face him. I want him to know, He hurt me. He hurt me!

— Inner City Press (@innercitypress) December 18, 2019

LL: Everyday I wake up, I have scars on my back. I was out of work. The actions took a lot of me. I still have to go to the doctors. And for him to sit up here. I want to see him apologize. My mother could have lost her daughter

— Inner City Press (@innercitypress) December 18, 2019

"LL" I'm hurt, I'm upset. July 16 [2018] I was just an innocent bystander, shot in the foot. The bullet could have hit me in my head. [sobs]
Judge Engelmayer: Take your time.

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: And notice to the victims. I appreciate the letters. But why only with respect to this one high profile defendant? The victims knew of the other sentencings, didn't they?
AUSA: We've been in contact.
Judge Engelmayer: Very good. Now 1 victim. LL?

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: I have a few question. One involves restitution. Is there any victim here to be compensated?
AUSA: We have not heard of one.
Judge Engelmayer: Usually in gang cases, usually the defendant does not have the money. But that's not the case here.

— Inner City Press (@innercitypress) December 18, 2019

AUSA: But it's changed by an order of magnitude. He testified for three days. He is a high profile government cooperator. For those reasons, Your Honor, given the timeliness of his cooperation, that he made the other defendants plead guilty...

— Inner City Press (@innercitypress) December 18, 2019

AUSA: Hernandez was moved to a special facility. Even in there, he was put in a separate pod. This will follow him forever. Certain things that people take for granted, like going to the movies --
Judge Engelmayer: He faced some risk just for repudiating the gang

— Inner City Press (@innercitypress) December 18, 2019

AUSA: I want to turn now to risk to Mr. Hernandez' safety. The people against whom Mr. Hernandez testified - the Godfather of the street line up - these are the leaders. As soon as Mr Hernandez started cooperating, he had to leave his family.

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: Were you aware of the October slashing before Mr. Hernandez told you?
AUSA: NYPD was aware... Denard Butler, Mr Hernandez provided us information.
[Inner City Press: Denard Butler's sentencing is January 30, 2020.]

— Inner City Press (@innercitypress) December 18, 2019

AUSA: He walked us through text messages and told us what the words met. His information allowed the government to charge Mr Mack with conspiracy. With respect to Mr Ellison, all we had was the video and cell site info. With Mr. Hernandez, we charged kidnapping

— Inner City Press (@innercitypress) December 18, 2019

AUSA: I want to turn now to the significance and usefulness of his testimony. Mr. Hernandez walked up through several acts of violence; he identified pertinent videos.
[Inner City Press: "Billy" was played during the trial, at least the first half of it]

— Inner City Press (@innercitypress) December 18, 2019

AUSA: As the proffers developed, we met two or three times a week. Mr Hernandez described an incident in which Mr. Jordan shot 5 times at a car. There was no police report of that.
Judge Engelmayer: But the video was on Mr. Mack's social media account.
AUSA: Yes

— Inner City Press (@innercitypress) December 18, 2019

AUSA: We had a proffer meeting. And in that first proffer, Mr Hernandez was forthcoming. He described his participation in robberies. He described the standing of the different line ups...

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: Was that known to other members of the gang?
AUSA: Yes, to [Kifano] Jordan and others... So we took the gang down Sunday evening and Monday morning. Mr Hernandez was presented on Monday evening.

— Inner City Press (@innercitypress) December 18, 2019

AUSA: So we met with Mr Hernandez and his counsel. During the meeting Mr. Hernandez started to give us information about the gang, about the structure, who the key members were. And so it was more than Hernandez listening. He knew the writing was on the wall.

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: What do you think led to Mr. Hernandez distancing himself from the gang?
AUSA: There was among other things Mr Hernandez' relationship with his girlfriend... There was Jim Jones talking about [super] violating Mr. Hernandez...

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: You had the wiretap up before, but then you started to hear what had been stirred up?
AUSA: Yes.

— Inner City Press (@innercitypress) December 18, 2019

AUSA: Obviously, the robbery of Mr. Hernandez himself. The court heard this at the trial. Based on the Title III wiretaps, Mr. Hernandez had publicly distanced himself from the gang, he went on "The Breakfast Club." That afternoon, we started intercepting calls

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: We turn to the views of the parties.
AUSA Longyear: I'd like to set the table. The shooting by Aaron Young... A shooting in Brooklyn in the street, in broad daylight. The hotel shooting. We have surveillance video and cell site information.

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: Do the parties agree, subject to the government's motion [under 5k1]?
Yes.
Judge: We turn now to the parties. Mr Longyear, is the government moving for a reduced sentence under 5k1 for the defendant's cooperation?
Yes.

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: Mr Hernandez was on probation for use of a child in a performance when he was part of the racketeer conspiracy. So it's 2. As to the firearms charges, mandatory 10 year sentences, consecutive. So, as a matter of formality. It's 459 to 492 months

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: Now we turned to the sentencing guideline. Although no longer binding, I must accurately calculate them. It seems the parties agree that the defendant's criminal history category is 2. I agree that it is 2.

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: Turning now to the Pre-Sentence Report. Mr Hernandez, have you reviewed it?
69: "Yes Your Honor."
Judge: Are there any objections?
AUSA Longyear: Not from the government.
Not from the defense.
The PRS is accepted, will be placed under seal.

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: I've reviewed a letter from the government I'd asked for, about how the Guidelines apply. I've also received two victim impact letters, with redactions, which I find warranted. Also, the government's cover letter about trying to notify victims pic.twitter.com/rgXk5XVFiY

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: I received a letter from a woman named Marlena who says she and Mr. Hernandez had a child in 2015. I will put it on the docket, with redactions. We received an anonymous letter, that I will not put on the docket.

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer: We're here for sentencing on charges including conspiracy, attempted murder, conspiracy to distribute heroin and 4 firearms charge.
I understand government is dropping Count 2, firearms, as no longer viable under US v. Davis.

— Inner City Press (@innercitypress) December 18, 2019

Judge Engelmayer has just come out. The prosecutors at the government table. For #6ix9ine, Dawn Floria and Lance Lazzaro.
"Daniel Hernandez. Good morning, Your Honor."
It's on.

— Inner City Press (@innercitypress) December 18, 2019

OK - #6ix9ine sentencing about to begin in @SDNYLIVE Courtroom 318 before Judge Engelmayer. As Inner City Press reported last night, there are victim impact letters, & 1 speaker today https://t.co/zKzsVASZTd Inner City Press will live tweet the sentencing - thread pic.twitter.com/rU58i4sv96

— Inner City Press (@innercitypress) December 18, 2019