Accused rapist in NYC reportedly set free because court wasn’t informed he blew plea deal in assault case

A New York City career criminal who was charged with brutally raping a 21-year-old woman on the Upper West Side over the weekend, was out on the streets because someone forgot to tell a judge that he blew a plea deal in a separate Bronx case.

(Video Credit: FOX 5 New York)

Law enforcement sources told the New York Post that Jamel McIver, 30, should have been behind bars. The lifelong criminal had 15 busts on his lengthy rap sheet. He allegedly cut a deal in August to avoid jail time over a 2019 sexual assault and burglary case in The Bronx. The deal was that if he completed a two-year in-patient drug rehab program, he could walk, according to sources and court records.

If he failed to complete the program, he would get five years behind bars.

Neither the judge nor the prosecutor was informed that McIver flunked out of the program at a court hearing held in February. That was just over a week before the predator would allegedly rape his latest victim in Manhattan.

The tragic oversight occurred because the Osborne Association, which is the city-funded agency that placed McIver in rehab, only told his defense attorney and not the judge or the prosecutor that he’d failed the program after getting caught using K-2. The attorney claims he didn’t see the email which resulted in McIver’s release.

Having free time on his hands, McIver went on the hunt early Saturday morning. He allegedly followed the young woman into her Manhattan apartment building and raped her in the stairwell. The woman says after the rape, he forced her back onto the street and ran off.

Bronx prosecutors claim they had no idea he was out of rehab until he was arrested on Sunday. His own family turned him in.

“The Osborne Association — which facilitates the drug/mental health treatment programming — did not tell our Office this information,” a representative for Bronx District Attorney Darcell Clark charged in a statement.

“The defense did not notify us,” the spokesperson added. “We found out after the defendant was arrested in the Manhattan case.”

According to the New York Post, “McIver was ordered back to Bronx court on Wednesday but refused to get on the bus at Rikers Island, where he’s being held on the Manhattan rape charge.” He was therefore not in court to face the judge.

Bronx Judge Timothy Lewis demanded to know why defense lawyer Jesse Hoberman-Kelly had not told the court or the prosecutor that his client had been kicked out of the Odyssey House treatment facility in East Harlem.

“Obviously at some point, there’s a failure to communicate with Mr. Hoberman-Kelly,” Lewis noted. “When did you first become aware of that, Mr. Hoberman-Kelly?”

The attorney admitted that the Osborne Association informed him before the Feb. 22 compliance hearing but asserted that he didn’t see the email until it was too late.

“Osborne did send an email on the 22nd,” Hoberman-Kelly informed the judge.

“I apologize to the court. I was in the middle of a trial and it was taking up all my attention and I did not review the email until around 5:30 pm. Again, I did not give this the attention as needed because of my trial,” he confessed. “I did not really look into it.”

The Osborne Association told the court that the agency had “provided an update around 9:30 am” on Feb. 22 stating that McIver was no longer in the program, but “did not know how to reach the DA.” There was no explanation for why they didn’t attempt to contact the court or the prosecutor.

According to sources, McIver flunked out of two other rehab programs before being sent to the Odyssey House. He was booted after allegedly getting high.

On April 8, 2019, McIver reportedly broke into a 16-year-old’s bedroom and threatened her. He forced her to fondle him. He was caught two days later and charged with sexual contact with a minor, sexually motivated burglary, and attempted burglary. That led to the plea deal on August 3, 2022.

“The Osborne Association is aware of the charges filed against a participant in one of our programs,” a statement given to the New York Post said. “We are cooperating with the Court and District Attorney’s office on this matter and cannot comment further at this time.”

McIver’s past transgressions include a 2013 arrest in Dover, Delaware for allegedly beating his two-month-old son and a 2018 menacing charge in Mount Vernon.

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