Damian Williams, the United States Attorney for the Southern District of New York, James Smith, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Edward A. Caban, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of a complaint charging MALCOLM HOGUE with firing four shots in the middle of a crowded street, wounding one victim in the ankle. HOGUE was arrested this morning and presented before United States Magistrate Judge Katharine H. Parker this afternoon.
U.S. Attorney Damian Williams said: “As alleged, Malcolm Hogue—who was previously convicted of attempted murder—fired four bullets in the middle of an unsuspecting crowd on Webster Avenue in the Bronx. One of those bullets struck an innocent bystander. Thanks to the swift action of our law enforcement partners, Hogue is now being held accountable for his alleged violent actions.”
FBI Assistant Director in Charge James Smith said: “As alleged, Hogue recklessly exposed our community to senseless gunfire, putting the lives of multiple innocent people in danger. The charges today serve as a reminder to anyone who threatens the safety of our neighborhoods with violence – the FBI and our law enforcement partners will ensure you face the consequences in the criminal justice system.”
NYPD Commissioner Edward A. Caban said: “Today’s arrest for shooting a gun on a busy Bronx street confirms that this repeat violent offender was a continued threat to the community. Anyone who allegedly commits such acts in New York City will be held fully accountable – there will always be consequences. I commend the work of the NYPD and FBI investigators who removed this criminal from our streets, and the office of the U.S. Attorney for the Southern District for its ongoing work in prosecuting this case.”
According to the allegations in the Complaint:[[1]]
On June 18, 2023, a group of at least 20 people, including HOGUE, were gathered on Webster Avenue in the Bronx.
While walking along Webster Avenue, HOGUE was holding what appears to be a firearm in his right hand. Surveillance video captured HOGUE racking the firearm as he walked along the street in the direction of a nearby Blink Fitness gym. Still images from surveillance footage are below:
HOGUE then fired four shots. After the first gunshot, bystanders began fleeing, running down Webster Avenue away from the Blink Fitness. HOGUE continued firing. Below are still images of HOGUE, as captured by surveillance video, showing HOGUE as he fired a second gunshot.
HOGUE later returned to Webster Avenue, where surveillance video captured him canvassing the ground for bullet fragments and/or shell casings left behind after the shooting.
NYPD officers arrived on the scene where they found a man standing in front of the Blink Fitness who had been shot in his left ankle. The officers recovered a bullet fragment from the victim’s ankle, as well as a 9mm FC Luger shell casing from the sidewalk in front of the Blink Fitness. Below is a photograph of the recovered shell casing:
HOGUE was not permitted to possess ammunition because of prior felony convictions, one of which was a conviction for attempted murder.
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HOGUE, 31, of the Bronx, New York, is charged with possession of ammunition after a felony conviction, which carries a maximum sentence of 15 years in prison.
The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Mr. Williams praised the outstanding investigative work of the FBI and the NYPD and thanked the Bronx County District Attorney’s Office for their assistance.
This case is being handled by the Office’s General Crimes Unit. Assistant U.S. Attorney Benjamin M. Burkett is in charge of the prosecution.
The charges contained in the Complaint are merely accusations and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth below constitute only allegations, and every fact described should be treated as an allegation.
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