Published on: November 12, 2024, 06:18h.
Last updated on: November 12, 2024, 06:18h.
The US Supreme Court is currently deliberating on the definition of a “crime of violence.” This comes as a New York Mob bookie, who was imprisoned for orchestrating the attempted murder of a rival, argues that his conviction should be overturned because the thwarted plot did not involve physical force.
Salvatore “Fat Sal” Delligatti, linked to the Genovese Crime Family, received a 25-year prison sentence in 2018 for various offenses, including racketeering and attempted murder.
Four years prior, Delligatti orchestrated for Crips gang members to ambush and kill a perceived threat to his illicit sports betting operation, equipping them with a .38 revolver and a getaway car.
However, law enforcement intervened due to phone surveillance. The individuals planning the assassination were apprehended just blocks away from their intended target in Queens.
Is Murder Always Violent?
Delligatti is not contesting the racketeering or attempted murder charges, but rather the associated “possessing a firearm in furtherance of a crime of violence,” which added five more years to his sentence.
Delligatti and his legal representative aim to establish that violence is not a necessity in all murder cases, potentially leading to a separation of the attempted murder charge from the firearm charge.
The plaintiff’s attorney, Allon Kedem, argued that a crime like murder committed through non-action cannot be classified as a “crime of violence.”
Physical force against another individual requires some action to apply force to the victim,” Kedem stated. “This can occur directly, like a kick or punch, or indirectly, such as nudging someone close to a cliff. However, it does not involve an offense committed purely by omission, like failing to assist someone suffering from a natural ailment.”
Kedem asserts that there are numerous morally reprehensible crimes that do not involve violence, such as neglecting to provide food or crucial medical care that results in harm or death.
Speculative Scenarios
Some justices pondered this concept by creating outlandish scenarios, from lifeguards refusing to save drowning children they disliked to elderly women falling through open manholes. Others remained skeptical.
Justice Amy Coney Barrett expressed disbelief at the notion that murder could not be classified as a crime of violence.
Do you argue that your client does not fit the profile of the armed career criminal that Congress was targeting with this statute?” Justice Samuel Alito probed Kedem directly.
The Supreme Court’s decision is anticipated to provide clarity to lower federal courts that are uncertain about applying the “possessing a firearm in furtherance of a crime of violence” charge.
A ruling is expected by the summer of 2025.