3 Men Accused In LI Molotov Cocktail Firebomb Plot Released Under NY Bail Law: DA

BRENTWOOD, NY — Three men accused of possessing Molotov cocktails and planning to use them to firebomb a vehicle in Brentwood were released after arraignment because the charge filed against them was not eligible for bail under New York law, Suffolk County District Attorney Ray Tierney said.

Elvis Osvaldo Romero Martinez, 20, Albert Yanes Moran, 20, and Lorenzo Nohely Alvarado Navarette, 18, were arrested after police stopped a vehicle in the area of Lexington Avenue and Caleb’s Path in Brentwood during the early morning hours of March 10, Tierney said.

The three men were charged with third-degree criminal possession of a weapon, the DA said.

Prosecutors said the men were found with two Molotov cocktails in glass beer bottles and a canister of gasoline inside the vehicle.

"Thanks to the great work of Suffolk County Police Officers, these Molotov cocktails were discovered and neutralized before anyone could be hurt," Tierney said. "This alleged conduct will be prosecuted to the fullest extent of the law, and my office will be working with our law enforcement partners to make sure that individuals who seek to endanger our citizens are caught and prosecuted to the fullest extent of the law."

According to the investigation, a Suffolk County police officer conducted the car stop at around 1:38 a.m. After the vehicle was stopped, Romero Martinez, who was driving, moved from the driver’s seat into the rear backseat, prosecutors said.

The officer then spoke with the occupants and observed two Molotov cocktails in the pocket of the rear driver ’s-side door, according to the DA’s office. Investigators also found a canister of gasoline in the trunk.

Tierney said prosecutors believe the defendants possessed the devices with the intent to “firebomb” the automobile of someone involved in a previous dispute.

The plan, prosecutors said, was carried out at the direction of a fourth person who has not been charged at this time.

All three defendants were arraigned on March 11 in Suffolk County District Court before Judges Jennifer Henry and Pierce Cohalan, according to the DA’s office.

At arraignment, prosecutors said they were limited in the charges they could pursue for purposes of bail because the subsection of third-degree criminal possession of a weapon in the third degree, DA said, is not a bail-eligible offense under current New York law.

That meant prosecutors could not request bail, and the court could not set bail in the case, Tierney said.

As a result, all three defendants were released following arraignment, despite the DA’s office saying it intends to pursue charges that carry a potential sentence of up to 7 years in prison.

Tierney sharply criticized both New York’s bail reform law and the state’s Protect Our Courts Act in announcing the case.

The Protect Our Courts Act (POCA), signed into law in NY in December 2020, prohibits federal immigration agents (ICE) from making civil arrests in or around state courthouses without a judicial warrant, ensuring equal access to justice for immigrants, witnesses, and victims by banning courthouse traps.

According to the DA’s office, federal authorities indicated that Alvarado Navarette is a lawful permanent resident from El Salvador, while Yanes Moran and Romero Martinez have no status in the United States.

“Under 'Bail Reform,' possessing Molotov cocktails, even when it is alleged that they were to be used to firebomb an automobile, is not bail-eligible, meaning my prosecutors cannot even ask for bail on three Salvadoran nationals with tenuous ties to the United States,” Tierney said. “The thing that supposedly never happens in New York just happened again – we cannot seek bail on a case that clearly cries out for bail – because of our unworkable bail laws. Compounding the danger to the public, although two of these three defendants are allegedly here illegally, due to the “Protect our Courts Act,” federal agents cannot come to the courthouse to take
custody of the defendants here without risking arrest themselves. Although Bail Reform and the Protect Our Courts Act once again have protected criminals, including alleged criminals seeking to use dangerous Molotov cocktails to commit a firebombing, no one in Albany thought to actually
protect the public.”

No defense attorney has yet been identified in the case.