04/08/2026 | Press release | Distributed by Public on 04/08/2026 14:35
United States Attorney for the Southern District of New York, Jay Clayton, announced the conviction at trial today of BRIAN HERNANDEZ, a/k/a "Malaki," for his role in an assault carried out at the Metropolitan Detention Center ("MDC") in Brooklyn, New York on December 3, 2023. The conviction comes after a four-day jury trial before U.S. District Judge Lewis J. Liman. HERNANDEZ is scheduled to be sentenced on July 28, 2026.
"With today's verdict, the jury has found that the defendant, a member of the Trinitarios, committed this brutal attack in which another inmate was horribly stabbed and slashed across the face," said U.S. Attorney Jay Clayton. "They also found that this heinous and senseless crime was committed for the purpose of retaliating against his victim because the defendant believed he was cooperating with the government. We commend the jury for its careful consideration of the evidence, and this verdict repeats loud and clear for all to hear that New Yorkers will not tolerate the harassment and intimidation of any witness, let alone the kind of violence a notorious and violent street gang committed here. Regardless of who you are or who you may be affiliated with, if you retaliate against a witness, the women and men of this Office and our partners in law enforcement will bring you to justice."
As alleged in the Indictment and statements made in public filings and public court proceedings:
On December 3, 2023, HERNANDEZ and other members of the Trinitarios, while incarcerated at MDC, coordinated and carried out an attack on another inmate believed by the attackers to be providing information to the Government. During the attack, the victim was slashed and stabbed multiple times, including by HERNANDEZ who slashed the victim above the eye, leaving a deep gash and causing substantial bleeding.
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HERNANDEZ, 26, of New York, New York, was convicted of three total counts and faces up to 50 years in prison.
| Count | Charge | Sentence |
| Count One | Conspiracy to Retaliate Against a Witness | 20 Years In Prison |
| Count Three | Witness Retaliation (Causing Bodily Injury) | 20 Years In Prison |
| Count Four | Witness Retaliation (Causing Harm to a Person) | 10 Years In Prison |
The maximum potential sentences are prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Clayton praised the outstanding work of the Federal Bureau of Investigation and the United States Bureau of Prisons.
This case is being handled by the Office's Violent Organizations and Crime Unit. Assistant U.S. Attorneys Frank J. Balsamello, Lisa Daniels, and William K. Stone are in charge of the prosecution. The team was assisted by paralegal specialist Ananya Sankar.