St. John's Law Review Volume 84 Number 1 Volume 84, Winter 2010, Number 1 Article 10 Gangs of New York Are Terrorists? The Misapplication of the New York Antiterrorism Statute Due to the Lack of Comprehensive Gang Legislation Chantal Tortoroli Follow this and additional works at: https://scholarship.law.stjohns.edu/lawreview This Note is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in St. John's Law Review by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact
[email protected]. GANGS OF NEW YORK ARE TERRORISTS? THE MISAPPLICATION OF THE NEW YORK ANTITERRORISM STATUTE DUE TO THE LACK OF COMPREHENSIVE GANG LEGISLATION CHANTAL TORTOROLI INTRODUCTION On August 18, 2002, friends and family gathered for a baptism party in a church hall on McGraw Avenue in the Bronx, New York.' Several members of the St. James Boys, a Mexican gang, were attending, including twenty-year-old Edgar Morales and gang leader Alejandro "Alex" Solis.2 During the festivities, Morales and his fellow gang member, Enrique Sanchez, confronted Javier Tocchimani, whom they believed to be a member of a rival gang, the Vagabondos 3 As tensions escalated, the group made its way out of the hall.4 Soon a fight erupted, and the gang members fired shot.5 A bullet hit Javier Tocchimai, paralyzing him.6 Tragically, a stray bullet also struck the head of an innocent bystander, ten-year-old Melanny Mendez, killing her J.D.