Updated: November 20, 2019
On April 11, 2018 in Manhattan federal court, Charles “Duke” Kerrigan, 42, of Brooklyn, New York, was sentenced to 16 years and 8 months in prison for his role in two 2016 bank burglaries.
The Mazzara burglary crew
Kerrigan was part of a burglary crew that targeted banks in and around New York City. They typically broke into bank vaults and safe deposit boxes by cutting through a roof or a wall. The crew included Michael Mazzara, Anthony Mascuzzio, and Kerrigan’s younger brother Christopher Kerrigan.
The crew burglarized an HSBC bank branch in Brooklyn in April 2016, and a Maspeth Federal Savings Bank branch in Queens in May 2016. They stole approximately $331,000 in cash and $103,000 in property from the HSBC bank, and approximately $297,000 in cash and $20,157,000 in property from the Maspeth bank.
The burglars used grinding wheels and oxygen and acetylene torches to cut through the roofs and into the vaults of both banks. Kerrigan obtained the gas tanks that were used during the Maspeth burglary and loaded supplies into vehicles. He also dropped into the bank through a hole in the roof.
At the time of the burglaries, Kerrigan was an operating engineer in the construction industry. Operating engineers work as heavy equipment operators and mechanics, among other things.
The assault on Heather Kornhaber
Kerrigan, Mazzara, and Mascuzzio were arrested for their roles in the heists in July 2016, but all three were released on bail. Kerrigan’s bail conditions were actually modified in December 2016 to make them less restrictive.
Kerrigan’s bail was revoked, however, after he was arrested for assault while on pretrial release in October 2017. Heather Kornhaber, the victim of the assault, was Kerrigan’s girlfriend at the time of the burglaries.
According to the government’s sentencing submission, Kerrigan believed that Kornhaber was cooperating with the government in its investigation of the burglaries.
On the night of October 15, 2017, Kerrigan called Kornhaber and convinced her to come to his apartment to discuss the case. When Kornhaber arrived with her 9-year-old son, she and Kerrigan got into an argument. Kerrigan accused Kornhaber of ratting on him and attacked her. He punched her then choked her until she blacked out.
Kornhaber’s son tried to protect her but he was thrown off by Kerrigan. The boy was injured but he managed to call 911.
Kornhaber’s injuries included a broken nose and black eyes.
Kerrigan allegedly threatened to kill them during the assault.
Charles Kerrigan’s sentencing hearing
Kornhaber and her son were present in the courtroom for Kerrigan’s sentencing. Kornhaber’s son asked one of the prosecutors to say a few things on his behalf. His message was that the assault has changed his life forever, and he hopes that Kerrigan is sorry for what he did.
U.S. District Judge Katherine Forrest explained that Kerrigan was seeking a reduced sentence because he believed that he had accepted responsibility for his crimes. She declined to give him acceptance of responsibility credit because he didn’t assist in the recovery of stolen items, and he attempted to interfere with the prosecution.
Judge Forrest talked about the victims who lost priceless items from their safe deposit boxes, and the victims of the assault.
Kerrigan’s attorney, Patrick Parrotta, said that prior to the bank burglaries, his client had a good job, family, and friends, and that he was known as a gentleman.
Parrotta said that Kerrigan didn’t invite Kornhaber over to assault her. He said that Kerrigan knew that Kornhaber was cooperating but they continued to date for almost a year. Parrotta said that Kerrigan had advised Kornhaber to protect herself, even if that meant cooperating.
According to Parrotta, Kerrigan was under intense pressure because he was planning to plead guilty and he knew that he was facing significant jail time. He also pointed out that Kerrigan was intoxicated, and the couple had argued about other things.
Parrotta said that Kerrigan accepts responsibility for what he has done, and he feels terrible about the people’s lives that he has affected. He said that Kerrigan doesn’t have any information regarding the whereabouts of the stolen items. Parrotta concluded by saying that his client may not be a lost soul, and asked for mercy.
Charles Kerrigan addresses the court
Kerrigan was given an opportunity to address the court before his sentence was imposed. He spoke briefly and apologized to the victims of the burglaries, his ex-girlfriend and her son, his mother and father, and the judge. Kerrigan said Kornhaber didn’t deserve this, and the only crime she committed was being involved with him. His final statement was “give me the best chance you can. I’ll make it worth it.”
In addition to 200 months imprisonment, the sentence also includes 3 years of supervised release, forfeiture of any proceeds of the offenses, and restitution to the victims of the thefts.
At the end of the proceeding, Kerrigan was remanded to the custody of the U.S. Marshals.
The other sentencing hearings
Kerrigan’s brother was sentenced to 7 years and 6 months in prison on March 30, 2018. Michael Mazzara was sentenced on April 13, and Anthony Mascuzzio was sentenced on May 4.
Heather Kornhaber pleads guilty to possession of property stolen from a bank
In December 2016, Kornhaber pled guilty to one count of possession of property stolen from a bank under a plea deal with the government. She also agreed to pay restitution of $20,243.
According to prosecutors, Kornhaber received, possessed, and disposed of money and other valuables that had been stolen from the Maspeth bank.
In December 2018, she was sentenced to 1 year of probation and a special assessment of $100.
Kornhaber did not spend any time in jail.