United States Attorney for the Southern District of New York, Jay Clayton, announced on Apr. 8 the conviction of Brian Hernandez, also known as “Malaki,” for his involvement in an assault at the Metropolitan Detention Center in Brooklyn on December 3, 2023. The verdict followed a four-day jury trial before U.S. District Judge Lewis J. Liman. Hernandez is scheduled to be sentenced on July 28.
The case centers on an attack carried out by Hernandez and other members of the Trinitarios gang against another inmate who they believed was cooperating with government authorities. According to prosecutors, during the incident Hernandez slashed and stabbed the victim multiple times, leaving a deep gash above the eye and causing significant bleeding.
“With today’s verdict, the jury has found that the defendant, a member of the Trinitarios, committed this brutal attack in which another inmate was horribly stabbed and slashed across the face,” said U.S. Attorney Jay Clayton. “They also found that this heinous and senseless crime was committed for the purpose of retaliating against his victim because the defendant believed he was cooperating with the government. We commend the jury for its careful consideration of the evidence, and this verdict repeats loud and clear for all to hear that New Yorkers will not tolerate the harassment and intimidation of any witness, let alone the kind of violence a notorious and violent street gang committed here. Regardless of who you are or who you may be affiliated with, if you retaliate against a witness, the women and men of this Office and our partners in law enforcement will bring you to justice.”
Hernandez was convicted on three counts: conspiracy to retaliate against a witness (up to 20 years in prison), witness retaliation causing bodily injury (up to 20 years), and witness retaliation causing harm to a person (up to 10 years). The final sentence will be determined by Judge Liman.
Clayton praised both federal investigators from FBI as well as staff from United States Bureau of Prisons for their work on this case.
The prosecution was handled by Assistant U.S. Attorneys Frank J. Balsamello, Lisa Daniels, William K. Stone from Violent Organizations and Crime Unit with assistance from paralegal specialist Ananya Sankar.
