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Date: 09-27-2018

Case Style:

United States of America v. Robert Pizarro and Juan Rivera

Case Number: 1:17-cr-00151-AJN

Judge: Alison J. Nathan

Court: United States District Court for the Southern District of New York (New York County)

Plaintiff's Attorney: Jason Swergold, Jessica Fender, Jared Lenow, and Margaret GrahamE

Defendant's Attorney: Elizabeth Macedonio, Louis Freeman, Carla Sanderson for Robert Pizarro


Bobbi Sternheim and Jeremy Schneider for Juan Rivera

Description:




New York, NY - Robert Pizarro And Juan Rivera Convicted Of Kidnapping And Murdering Federal Cooperating Witness

ROBERT PIZARRO and JUAN RIVERA were convicted of murdering a witness to prevent reporting to law enforcement, kidnapping conspiracy, kidnapping resulting in death, robbery conspiracy, robbery, and firearms offenses, arising out of the murder of federal cooperating witness Robert Bishun on September 20, 2016.

Manhattan U.S. Attorney Geoffrey S. Berman said: “Just over two years ago, Robert Bishun was violently kidnapped and brutally murdered by the defendants because he was a federal cooperating witness. Today, the jury in this case returned a unanimous verdict holding the defendants accountable for their heinous crimes. We hope that today’s result brings some small measure of peace to Robert Bishun’s family.”

According to the proof introduced at trial:

On September 20, 2016, PIZARRO and RIVERA attempted to rob Robert Bishun at gunpoint inside his auto body shop in the Bronx; during the attempted robbery, two customers were bound with zip ties and locked in the trunks of separate vehicles inside the shop. Upon learning that Bishun was a federal cooperating witness, PIZARRO and RIVERA kidnapped Bishun from his shop and strangled him to death with a plastic zip tie, before abandoning Bishun’s body in the back of his own vehicle on the side of the road.

On a prior occasion, in January 2015, PIZARRO and another accomplice stormed into Bishun’s auto body shop and robbed Robert Bishun at gunpoint, taking approximately $10,000 in cash from Bishun. During the course of the robbery, two customers were bound with zip ties.

* * *

PIZARRO, 38, of the Bronx, faces a mandatory minimum sentence of life in prison plus 32 years. RIVERA, 41, also of the Bronx, faces a mandatory minimum sentence of life in prison plus 7 years.

Mr. Berman praised the investigative efforts of the DEA and the NYPD, and the Special Agents of the United States Attorney’s Office for the Southern District of New York.

The case is being prosecuted by the Office’s Violent and Organized Crime Unit.


Charge:


18:1201.F CONSPIRACY TO KIDNAP RESULTING IN DEATH
(1)
18:1201.F KIDNAPPING CONSPIRACY RESULTING IN DEATH
(1s)
18:1201.F KIDNAPPING CONSPIRACY
(1ss)
18:1201.F KIDNAPPING RESULTING IN DEATH
(2)
18:1201.F KIDNAPPING RESULTING IN DEATH
(2s)
18:1201.F KIDNAPPING RESULTING IN DEATH
(2ss)
18:1951.F INTERFERENCE WITH COMMERCE BY THREAT OR VIOLENCE (HOBBS ACT ROBBERY CONSPIRACY
(3)
18:1512A.F TAMPER W/WITNESS, VICTIM, INFORMANT (IF DEATH RESULTS)
(3s)
18:1512A.F TAMPER W/WITNESS, VICTIM, INFORMANT (IF DEATH RESULTS)
(3ss)
18:1951.F INTERFERENCE WITH COMMERCE BY THREAT OR VIOLENCE (HOBBS ACT ROBBERY )
(4)
18:1951.F INTERFERENCE WITH COMMERCE BY THREAT OR VIOLENCE (HOBBS ACT ROBBERY CONSPIRACY)
(4s)
18:1951.F INTERFERENCE WITH COMMERCE BY THREAT OR VIOLENCE (HOBBS ACT ROBBERY CONSPIRACY)
(4ss)
18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN/FIREARM POSSESSION IN FURTHERANCE OF VIOLENT CRIME
(5)
18:1951.F INTERFERENCE WITH COMMERCE BY THREAT OR VIOLENCE (ATTEMPTED HOBBS ACT ROBBERY )
(5s)
18:1951.F INTERFERENCE WITH COMMERCE BY THREAT OR VIOLENCE (ATTEMPTED HOBBS ACT ROBBERY )
(5ss)
18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN/FIREARM POSSESSION/BRANDISHING IN FURTHERANCE OF VIOLENT CRIME
(6s)
18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN
(6ss)
18:1951.F INTERFERENCE WITH COMMERCE BY THREAT OR VIOLENCE ( HOBBS ACT ROBBERY CONSPIRACY)
(7s)
18:1951.F INTERFERENCE WITH COMMERCE BY THREAT OR VIOLENCE (HOBBS ACT ROBBERY CONSPIRACY)
(7ss)
18:1951.F INTERFERENCE WITH COMMERCE BY THREAT OR VIOLENCE ( HOBBS ACT ROBBERY )
(8s)
18:1951.F INTERFERENCE WITH COMMERCE BY THREAT OR VIOLENCE ( HOBBS ACT ROBBERY )
(8ss)
18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN/FIREARM POSSESSION/BRANDISHING IN FURTHERANCE OF VIOLENT CRIME
(9s)
18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN
(9ss)

Outcome: 09/26/2018 Minute Entry for proceedings held before Judge Alison J. Nathan: Jury Trial as to Robert Pizarro, Juan Rivera held on 9/26/2018. Defendant Robert Pizarro (1) present w/atty Elizabeth E. Macedonio, Louis M. Freeman, Carla M. Sanderson and paralegal Eli Salmon-Abrams. Defendant Juan Rivera (2) present w/atty Bobbi C. Sternheim, Jeremy Schneider and paralegals Alex Hout and Mayerlin Ulerio. AUSA, Jessica Fender, Jason M. Swergold, Jared P. Lenow present and Hana Henry United States Attorneys paralegal. Jury trial resumed. Jury deliberations continued and completed. Jury verdict rendered (See verdict form on docket). Jury finds defendant Robert Pizarro (1) guilty as charged in Counts I, II, III, IV, V, VI, VII, VIII, IX. Sentencing date set for Friday, January 25th, 2018 at 11:00 am. Jury finds defendant Juan Rivera (2) guilty as charged in Counts I, II, III, IV, V, VI. Sentencing date set for Friday, January 25th, 2018 at 12:30 pm. Defendants sentencing submission is due two weeks prior to sentencing; Government sentencing submission is due one week prior to sentencing. See transcript for complete details. Jury dismissed. PSR ordered. Trial completed. (jbo) (Entered: 09/26/2018)
09/26/2018 JURY VERDICT as to Robert Pizarro (1) Guilty on Count 1ss,2ss,3ss,4ss,5ss,6ss,7ss,8ss,9ss and Juan Rivera (2) Guilty on Count 1ss,2ss,3ss,4ss,5ss,6ss. (jbo) (Entered: 09/26/2018)
09/26/2018 Set/Reset Hearings as to Robert Pizarro: Sentencing set for 1/25/2019 at 11:00 AM before Judge Alison J. Nathan. (jbo) (Entered: 09/26/2018)
09/26/2018 Set/Reset Hearings as to Juan Rivera: Sentencing set for 1/25/2019 at 12:30 PM before Judge Alison J. Nathan. (jbo) (Entered: 09/26/2018)
09/26/2018 Order of Referral to Probation for Presentence Investigation and Report as to Robert Pizarro, Juan Rivera. (Signed by Judge Alison J. Nathan on 9/26/18)(jbo) (Entered: 09/26/2018)

Plaintiff's Experts:

Defendant's Experts:

Comments:

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