The jihadist who killed eight New Yorkers and wounded twelve others in a truck attack along the West Side Highway’s pedestrian path has been indicted on potential death-penalty charges by a federal grand jury in lower Manhattan.
Highlighting the 22 charges announced by the Justice Department on Tuesday are eight counts of murder in aid of racketeering, each of which carries a potential death sentence. There are, in addition, twelve counts of attempted murder in aid of racketeering, each having a ten-year maximum prison term. The indictment further alleges that Saipov provided material support to the Islamic State (ISIS), a designated terrorist organization under federal law. That charge carries a potential sentence of life imprisonment because Saipov’s material support resulted in murders. Finally, there is also a charge of violently damaging an automobile with reckless disregard for human life.
The indictment, as expected, is a marked improvement on the complaint that supported Saipov’s federal arrest three weeks ago. The complaint did not charge the racketeering offenses and relied heavily on the problematic vehicle-damage charge. As I explained at the time:
The criminal complaint is only the first step in the case, really just a means of keeping Saipov detained without bail, not the formal indictment on which he will ultimately be tried. When that indictment is filed, I am hopeful it will include charges of murder in aid of racketeering. This offense (section 1959) is a capital crime, prohibiting murder (as well as other violent crimes) committed “for the purpose of gaining entrance to” a racketeering enterprise. ISIS clearly qualifies as such an enterprise under federal law (under section 1961, it is a group of individuals associated in fact — even though not a legal entity — and it engages in acts of murder, among other depravities). Further, even if Saipov was not a member of ISIS before his killing spree, he was patently seeking entry into the network . . . and he succeeded in getting it. ISIS branded him “one of the caliphate soldiers” in its claim of responsibility.
Prosecutors from the Southern District of New York (SDNY) are now relying on this potentially capital offense. It is important to note, however, that they have not yet filed a notice of intent to seek the death penalty.