Two convicted killers arrested for alleged drug dealing in Lower Manhattan were released without bail, exposing the dangerous consequences of New York’s bail reform laws. Prosecutors cited a 2019 law that prevents judges from setting bail in most drug cases—even when suspects have violent criminal histories.
The New York Post investigated the cases of Carlo “Cano” Franco and Jeffery “Zay” Mackenzie, calling them “shocking examples” of the state’s failed soft-on-crime agenda. Despite their violent pasts, neither man was held pre-trial because the law only allows bail if the suspect is deemed a flight risk—not a threat to public safety.
Franco, who murdered auto shop owner Dino DeSimone in 2003 during a robbery for a laptop, served 13 years in prison. He was released in 2022 and has since racked up multiple arrests. On July 3, police caught him allegedly dealing heroin and crack cocaine near a drug treatment clinic—his 15th arrest.
Mackenzie, who murdered a mother of two during a laundromat robbery in Brooklyn, has also been on a post-release crime spree. He’s been arrested at least four times since 2022. On June 4, he was caught allegedly selling crack in the Village. His lawyer called it a “minor offense.”
Both men pleaded not guilty and were released under the current bail reform statute. New York remains the only state in the country where judges cannot consider a suspect’s prior convictions or the risk they pose to the public when deciding on pre-trial detention.
Under current law, drug dealing isn’t a bail-eligible offense unless the suspect is charged as a major drug kingpin. Community leaders are outraged. “It doesn’t even matter if you murdered somebody,” said Trevor Sumner, president of the Washington Square Association. “It’s a complete breakdown in anything resembling logic or common sense.”
Since the 2020 implementation of bail reform, violent repeat offenders have repeatedly slipped through the system, raising serious concerns about public safety across New York City.
