NYPD blames bail law for crime increase, even as murder and hate crimes plummet

Police Commissioner Dermot Shea blamed an increase in overall crime on new state bail laws, but he had no data to back up his assertion. Photo by Michael Appleton/Mayoral Photography Office.

Police Commissioner Dermot Shea blamed an increase in overall crime on new state bail laws, but he had no data to back up his assertion. Photo by Michael Appleton/Mayoral Photography Office.

By Jonathan Sperling

NYPD brass and police unions blamed a new state bail reform law for an increase in overall crime in New York City, though murder, rape and hate crimes decreased significantly last month compared to January 2019.

NYPD Commissioner Dermot Shea said the elimination of cash bail on misdemeanors and non-violent felonies drove the overall spike, but he was unable to provide data to back up his assertion. 

Reports of the most serious crimes across the city are on the decline according to the most recent NYPD data, but the department is placing the blame on recently implemented bail reform for the increase in other reported offenses. Reports of robbery, assault and burglary are on the rise, according to the NYPD. But it remains unclear whether that has anything to do with the barely month-old bail reform law. 

“One month of data cannot tell us anything meaningful about crime trends,” said Legal Aid attorney Tina Luongo, who leads the organization’s criminal defense practice. “The fact remains that crime is at all-time historic lows, and has been consistently low even as release rates from pre-trial detention have steadily risen.”

Last week, Assembly Speaker Carl Heastie also criticized bail reform opponents linking crime to the new measure.

“I think it’s a little premature,” he said.

The NYPD, in a statement, said that police continue to “adapt to the challenges of criminal justice reforms.” 

The Sergeants Benevolent Association was more blunt, taking aim at Mayor Bill de Blasio and former NYPD Commissioner James O’Neill on Twitter.

“NYC today, a culmination of bad policies by former Commissioner O’Neill & Mayor DeBlasio. Why should they care O’Neill went to California for a six figure job and DeBlasio is gone in 2 years with missing millions from city funds,” the SBA tweeted.

Reports of murder are down 20.7 percent so far this year compared to January 2019, from 29 to 23, according to the NYPD. Reports of rape are down 18.1 percent from 155 to 127 and reports of hate crimes have decreased by 24 percent, from 38 to 29.

The majority of reported hate crimes — 25 — were anti-Semitic in nature.

On the other hand, reported shooting incidents are on the rise, from 52 to 67, a 28.8 percent increase. Robbery and grand larceny auto saw the biggest increase in reports — 943 to 1,290 and 335 to 578, respectively.

The state’s new bail reform laws have sparked a heated debate between justice reform advocates, lawmakers and prosecutors in recent months. Last month, the alleged rape of a woman who rode an R train from Forest Hills to Bay Ridge caused confusion after some lawmakers said the alleged assailant, Arjun Tyler had been released from jail a month earlier based on the new bail reform laws. 

Tyler’s release had nothing to do with the new bail reform laws, however, justice reform advocates pointed out.

“In a desperate attempt to fear monger over the new bail laws, the NYPD arrested our young client and threw him to the wolves without first investigating the alleged incident,” Marie Ndiaye, supervising attorney of the Decarceration Project at The Legal Aid Society, told the Brooklyn Eagle. “Mr. Tyler was detained for 40 hours, paraded out of a precinct and walked in front of press which led to him being erroneously accused by two local tabloids of a serious crime.”

“After a careful review of documentation provided to us by the Brooklyn District Attorney’s Office and based on NYPD paperwork, Mr. Tyler was not arrested on, and has not been charged with, any sex offense. Period,” Ndiaye added.