#Data doesn’t support De Blasio, NYPD claim that shooting surge is due to court shutdown

The mayor and police have repeatedly blamed a coronavirus-related court shutdown for the explosion of gun violence rocking the city — but firearms cases are making their way through the criminal justice system at the same rate as last year, a Post investigation shows.

The revelations come after The Post showed that the NYPD’s own data did not support its claims that bail reform and early prison releases over coronavirus were driving the spike.

“It’s a combination of things — bail reform, COVID releases from prison, court shutdown, which has Rikers [Island] at half of where they were,” Chief of Department Terence Monahan said in a July 6 press briefing, seeking to explain the 70-percent rise in shootings this year. Commissioner Dermot Shea and Mayor de Blasio have also blamed court closure for the uptick, with Shea calling the tie “indisputable” on Monday.

But the data tells another story.

In December 2019, as the city officials touted a recorded-breaking low in shootings, there were 2,285 open gun cases in Gotham with 13 percent of suspects awaiting trial, according to an analysis by The Post.

In July 2020, with shootings skyrocketing to 1990s-like levels, the courts had 2,181 open firearms cases and 10 percent in lockup — or 104 fewer pending gun cases, the data shows.

Additionally, of the 1,957 people facing gun charges out on the streets in July — which is 27 fewer than in December — only 2 percent, or 39 people, were busted again for a firearm, according to the data obtained by The Post.

There were also more gun and murder arraignments from April to June compared to October through December last year, with 819 over the three-month period this year compared to 642 last year, court data shows.

But that hasn’t stopped the police commissioner and de Blasio from chastising the courts — both lockstep in his messaging —  claiming a slowdown caused by coronavirus court closures was behind the skyrocketing gunplay.

“If we had the normal full function – this is everyone and NYPD, prosecutors, judges, court system – if everything was functioning normally some of the people committing the violence would not be out on the street,” de Blasio said.

Shea has repeatedly pointed his finger at the court system, especially when asked about the steep drop-off in firearms arrests following his announcement disbanding the controversial anti-crime unit, which was tasked with getting guns off the streets.

Responding on behalf of the department, NYPD Chief Michael LiPetri, did not dispute The Post’s findings Wednesday — but instead blamed the rise in gunplay on a “perfect storm” of criminal-justice reforms, with fewer suspects having bail set and reduced prison sentences for gun cases compared to last year.

“With the closing of the courts, there has been no grand jury investigations either… I’m not talking about a simple gun arrest for the person who found in possession of a firearm,” said LiPetri. “More people getting released on their own recognizance and less people are getting indicted that’s a big issue.”

“There needs to be swift and certain justice as a deterrent for carrying an illegal gun in New York City.”

Shootings have surged in recent weeks with the city recording 234 incidents of gunplay and 291 victims over the last month, according to NYPD released Monday. That’s up more 200 percent from the same time the year before, the data shows.

At the same time, arrests for guns have fallen off a cliff with cops arresting making 60 percent fewer collars for firearms over the last month, according to NYPD data, released Monday.

In addition, city data shows, roughly 3 percent of all gun cases go to trial.

State Office of Court Administration spokesman Lucian Chalfen has said it was “absurd, patently false and ridiculous” to blame the courts, which have been operating remotely or at reduced capacity to prevent the spread of coronavirus, for the gun violence.

Many city DAs have publicly rebuked the accusations.

Criminal justice expert Richard Aborn criticized city officials for playing what he described as a “blame game” that will only “further destabilize an already dangerous situation.”

“All three legs of the system, police, district attorneys and the courts, are critical and all three have to work together. everyone is facing challenges,” said Aborn, who is the president of the Citizens Crime Commission

“The people of the city of New York have zero interest in hearing the leadership blaming each other for the rise in shootings,” Aborn said. “What the people are interested in is seeing the leadership stand to whether with the community and say how they are going to stop the shootings.”

But Aborn added, “there’s been no coherent steady plan.”

The mayor’s response echoed that of the NYPD.

“The mayor and commissioner have been clear: It’s a perfect storm out there,” said spokesman Bill Neidhardt. “Not only are the courts not fully open, but don’t fail to notice that there is an historic pandemic and economic crisis right now.”