Year: 2018

FOR IMMEDIATE RELEASE
Tuesday, March 6, 2018

 

Brooklyn District Attorney Announces Project Brooklyn CLEAR to
Offer Treatment for Individuals Arrested with Small Amount of Narcotics

In Effort to Stem Opioid Dependency, Pre-Arraignment Diversion Will Provide Services from Time of Arrest; Those who Participate Will Have Their Misdemeanor Charges Dismissed

Brooklyn District Attorney Eric Gonzalez, together with New York City Police Commissioner James P. O’Neil and New York City Council Speaker Corey Johnson, today announced the launch of a pre-arraignment diversion program to assist individuals who suffer from drug dependency and misuse. Under Project CLEAR (Collaborative Legal Engagement Assistance Response), individuals arrested for misdemeanor possession of a controlled substance will be offered the opportunity to receive treatment and other community-based services before their initial court appearance. If they meaningfully participate, the DA’s Office will decline prosecution of their cases before they ever appear in court and their arrest record will be sealed.

District Attorney Gonzalez said, “In the face of a growing opioid epidemic, we must look for new ways to assist those who are drug dependent. Often, prosecuting individuals who are arrested with small amounts of narcotics, used to feed their habits, does little to help them. By offering tools that aid in treating their addiction and could prevent a potential overdose, Project Brooklyn CLEAR can save lives and send people on the road to recovery. I would like to thank all of our partners who worked to bring this program to Brooklyn and hope that, together, we will make strides in stemming this crisis.”

Commissioner O’Neill said, “Redirecting eligible, low-level narcotics offenders towards treatment and other community-based services is one way the NYPD and other city agencies are working together to prevent overdose deaths and save lives. Saving lives is the NYPD’s top priority.”

Speaker Johnson said, “Drug addiction has destroyed the lives of too many New Yorkers and their families. Instead of punishing those struggling with addiction, we must help put them on the path to recovery. With the establishment of CLEAR, the City will address drug addiction, like the opioid epidemic, as a public health crisis and offer treatment to those suffering from substance abuse, instead of criminal prosecution. This Council is proud to stand with the District Attorney and the NYPD, and we thank them for working with us in taking steps to make the criminal justice system more fair. The New York City Council is proud to have worked with Brooklyn District Attorney Eric Gonzalez and the NYPD to launch this innovative programming.”

The District Attorney said that Project CLEAR is modeled after the HOPE program that was successfully implemented in Staten Island about a year ago. In Brooklyn, it was launched last month as a pilot in six Brooklyn South precincts that experience high overdose rates: the 60th Precinct (Coney Island), 61st Precinct (Sheepshead Bay), 62nd Precinct (Bensonhurst, Gravesend), 68th Precinct (Dyker Heights, Bay Ridge), 71st Precinct (Prospect -Lefferts Gardens, Crown Heights) and 72nd Precinct (Sunset Park).

There were 84 overdose fatalities in these six precincts last year, according to preliminary NYPD data, representing a third of the total overdose deaths in Brooklyn during 2017 (which stood at 251). In addition, about 57% of the saves using naloxone nasal spray last year (189 out of 333) took place in these precincts. Based on last year’s arrest numbers, over 700 people annually will be eligible for CLEAR during its pilot phase.

Under CLEAR, individuals arrested on misdemeanor charges of criminal possession of a controlled substance in the seventh degree (PL 220.03) and eligible for a DAT (desk appearance ticket) will have the opportunity to resolve their cases by receiving services rather than appearing in court if they comply with assessment-based recommendations.

When the NYPD determines the individual is eligible, they will call the Brooklyn DA’s Office and receive a return date for the DAT – typically within seven days of arrest instead of the traditional 30. The DA’s Office will then notify the EAC Network which will dispatch a Peer Recovery Coach to meet the individual at the precinct. Peers are non-law enforcement personnel who are trained to assist those challenged by drug misuse. They will encourage the individual to be assessed by EAC Network within seven days. They will also provide a naloxone kit and instructions on its proper use. If necessary, the peer can provide immediate access to detoxification services.

Arrested individuals can decline to participate and opt to make the scheduled court appearance on the return date seven days later and the cases will be traditionally prosecuted. If they agree to an assessment within seven days, the cases will be postponed for a 30-day period, during which the individuals will be encouraged to meaningfully engage in services that were offered based on the assessment. The assessments will be performed at the offices of EAC Network, a social service agency.

If the individual complies with their recommendations within 30 days, the DA’s Office will be notified and exercise its prosecutorial discretion by formally declining to prosecute the arrest. The arrested individual will not have to appear in court and the arrest record will be sealed. Throughout the process, The Legal Aid Society will be available to assist both those who participate and those who opted not to participate in the program – a decision that will have no effect on the disposition of their cases.
Health Commissioner Dr. Mary T. Bassett said, “I applaud District Attorney Gonzalez for changing our approach to enforcing drug possession laws and his embrace of strong partnerships to address substance use as a health issue. The CLEAR program will help New Yorkers who need health services get care instead of punishment.”
EAC Network said, “Brooklyn CLEAR is an innovative solution to the heroin epidemic that is plaguing our communities. The partnership between the police, the DA, EAC Network and community partners will allow participants to be connected to services without the trauma of going through the system.”

Dawn Ryan, Attorney-In-Charge of the Brooklyn Criminal Defense Practice at The Legal Aid Society, said, “We laud this announcement from Brooklyn District Attorney Eric Gonzalez that prioritizes treatment over incarceration. Our clients and others suffering from addiction are best served from diversion programs that lead to self-sustaining lives. Addiction should be met with compassion not prosecution. The Legal Aid Society implores New York City’s other District Attorneys to take notice of these effective and progressive alternatives.”

Council Member Mark Treyger said, “CLEAR is an innovative, synergetic approach to solving the problem of substance misuse, which increasingly threatens the health and well-being of New Yorkers. I commend District Attorney Gonzalez, Commissioner O’Neill and Speaker Johnson for prioritizing treatment and preventative measures rather than punishment, helping encourage recovery, end drug dependency and save lives.”

Council Member Justin Brannan said, “I am grateful to see the precincts that cover Bay Ridge, Dyker Heights, Bensonhurst and Bath Beach are three of the six in Brooklyn to be part of the pilot for the CLEAR program in Brooklyn. It’s time we step in and look for long term solutions to our drug and opioid crisis in our neighborhoods. Instead of incarceration and a criminal record, this will be a meaningful step in helping those with substance abuse. A similar program is working in Staten Island and I expect it will be a success here in Brooklyn as well.”

Council Member Mathieu Eugene said, “The launch of Project Brooklyn CLEAR is a critical step in the city’s ability to rehabilitate low level drug offenders. We have a moral responsibility to help those whose lives have been impacted by the ravages of drug abuse. This program will provide much needed mentorship and a path towards redemption for individuals who face imprisonment, while also creating safer and more welcoming neighborhoods for our families. It is my hope that this program will be beneficial to all parties who are working diligently to prevent drug abuse in our city.”

Council Member Chaim Deutsch said, “I commend Brooklyn DA Eric Gonzalez for the courage to seek real solutions to a problem in our community, in recognizing the opioid epidemic is often at the root of criminal behavior as it decimates communities and families. Project CLEAR gives people suffering from substance abuse a choice and a chance to put the brakes on risky behavior that involves an unending cycle of addiction, turmoil, and criminal activity, and enables drug abusers to seek a path of redemption and proper health care, instead of incarceration and a criminal record for life.”

The District Attorney thanked the Staten Island District Attorney’s Office and DA Michael McMahon for their assistance and cooperation.

He also thanked the New York City Council for allocating resources, as well as the city’s Department of Health and Mental Hygiene, the NYPD, EAC Network and VOCAL-NY, one of the service providers that will engage in harm reduction services, for their partnership in this program. The District Attorney thanked Phoenix House for its support.

Brooklyn CLEAR is being directed by Senior Assistant District Attorney Karen Varriale, of the District Attorney’s Drug Treatment Unit, under the supervision of Assistant District Attorney David Heslin, Unit Chief, and the overall supervision of Jill Harris, Policy and Strategy Counsel, and Renee Gregory, First Assistant District Attorney.

#

 

FOR IMMEDIATE RELEASE
Friday, March 2, 2018

 

Defendant Who Allegedly Drove Drunk and Killed Pedestrian in Bushwick Arraigned on Indictment Charging Him with Depraved Indifference Murder

Driver Slammed into Crowd on Sidewalk, Drove Away with Person on Car Hood, Then Struck a Taxi, Before Finally Being Stopped by Police. Nine People Injured, Including Woman who Died

Brooklyn District Attorney Eric Gonzalez today announced that a 23-year-old man has been arraigned on a 42-count indictment in which he is charged with murder, assault, aggravated vehicular homicide and other charges for allegedly injuring nine people after driving on the sidewalk and slamming into a crowd of people, then crashing into a taxi while fleeing the scene before being captured by police. One woman died of her injuries days later.

District Attorney Gonzalez said, “This defendant allegedly barreled down the sidewalk and mowed down a group of pedestrians. His terrible decision to allegedly drive drunk had horrific consequences for several innocent bystanders, including a young woman who died and her heartbroken family. We will now seek justice for all affected by this defendant’s depraved behavior.”

The District Attorney identified the defendant as Naquan Ricks, 23, of Brooklyn. He was arraigned yesterday before Brooklyn Supreme Court Justice Vincent Del Giudice on an indictment in which he is charged with second-degree murder, first-degree assault, aggravated vehicular homicide, second-degree manslaughter and related charges. He remains out on $10,000 bail, which was set at his Criminal Court arraignment. Justice Del Giudice increased his bail to $50,000 bond or $20,000 cash and ordered him to post it by April 12, 2018, his next court date. The defendant faces up to 25 years to life in prison if convicted of the top count.

The District Attorney said that, according to the investigation, on September 4, 2017, at approximately 5 a.m., at Halsey and Wilson Street, the defendant was behind the wheel of his black 2007 Infinity when he allegedly drove onto the sidewalk and struck a large group of people in front of 1185 Halsey Street, causing some people to go under his car and some to land on the hood of his car. The vehicle stopped when it rammed a fence, causing a wheel to fall off. It is alleged that the defendant backed up and then drove forward again and drove onto the street with a person still on the hood. The person fell off the hood as the defendant allegedly drove toward Central Avenue, fleeing on three wheels.

Furthermore, it is alleged, the defendant continued driving down Halsey Street and then T-boned a taxi at the intersection of Halsey Street and Bushwick Avenue. The defendant didn’t stop, and continued to drive down Bushwick Avenue towards Decatur Street, then struck a fence in the vicinity of Decatur Street and Schaefer Street. He was finally stopped when he was surrounded by police on Schaefer Street.

The defendant was taken to Woodhull Hospital and it is alleged his blood alcohol level was 0.17 at the time of the first collision, more than twice the legal limit. Approximately nine people were taken to various hospitals for injuries including a fractured arm and foot; broken ankle; pain to various parts of body; one person required a metal plate and eight screws in his ankle. One of the victims allegedly struck by the defendant, Lindsey Powell, died five days later from complications from her injuries.

The case is being prosecuted by Senior Assistant District Attorney Douglas Marquez and Assistant District Attorney Michelle Murray, the District Attorney’s Grey Zone Trial Bureau, under the supervision of Assistant District Attorney James Lin, Deputy Bureau Chief, and Assistant District Attorney Danielle Eaddy, Bureau Chief, with the assistance of Assistant District Attorney Craig Esswein, Chief of the District Attorney’s Vehicular Crimes Bureau and the overall supervision of Assistant District Attorney Joseph Alexis, Chief of the Trial Division. Assistant District Attorney Jacob Uriel, also of the Grey Zone, assisted in the investigation.

#

An indictment is an accusatory instrument and not proof of a defendant’s guilt.

 

FOR IMMEDIATE RELEASE
Friday, March 2, 2018

 

Police Officer Indicted for Public Lewdness, Exposure

Defendant Allegedly Exposed Himself on Multiple Occasions
To Five Female Police Officers While on Duty

Brooklyn District Attorney Eric Gonzalez today announced that a New York City Police Officer was arraigned today on an indictment in which he is charged with seven counts of public lewdness and four counts of exposure for allegedly exposing himself to other officers while on duty.

District Attorney Gonzalez said “There is no place for this defendant’s alleged outrageous behavior anywhere in our society and especially within our police department. I commend the Internal Affairs Bureau and my prosecutors for taking swift action to investigate and prosecute these disturbing allegations.”

The District Attorney identified the defendant as Police Officer Anthony Avosso, 31, who is assigned to the 60^th Precinct anti-crime unit. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which he is charged with seven counts of public lewdness and four counts of exposure of a person. He was released without bail and ordered to return to court on May 2, 2018.

The District Attorney said that, according to the investigation, on February 16, 2018, a female officer assigned to the 60^th precinct filed a complaint with her Patrolmen’s Benevolent Association delegate stating that the night before and on two other occasions the defendant exposed himself to her during the course of conducting normal business in the precinct stationhouse while they were alone in a room.

Following that disclosure, and upon further investigation, it is alleged that the officer:

• Exposed himself to a probationary female officer who was just out of the Police Academy while asking her about her goals in the department.
• Exposed himself on the subway while returning to the precinct from 350 Jay Street, the District Attorney’s Office, to a female police officer sitting next to him, for a period of time.
• Exposed himself to another female officer and masturbated in front of her in a marked police car during an overnight tour for a period of time, until she finally exited the vehicle.
• Exposed himself to a fifth female officer inside the 60^th precinct stationhouse while the two of them were in a room alone, while asking her questions, and exposed himself a second time while the two of them were in a police car returning from court.

The case was investigated by New York City Police Sergeant Stephanie Robles of Internal Affairs Bureau Group 33 and Lieutenant Michael Parisi of IAB Group 33.

The case is being prosecuted by Senior Assistant District Attorney Adriana Rodriguez, of the District Attorney’s Civil Rights Bureau, under the supervision of Assistant District Attorney Kelli M. Muse, Deputy Bureau Chief, and the overall supervision of Assistant District Attorney Patricia McNeill, Deputy Chief of the District Attorney’s Investigations Division.

#

An indictment is an accusatory instrument and not proof of a defendant’s guilt

 

FOR IMMEDIATE RELEASE
Wednesday, February 28, 2018

 

Brooklyn Woman Sentenced to 19 Years to Life in Prison for Fatally Shooting Father Trying to De-escalate a Confrontation

Defendant Fired into a Crowd Where Children Were Present

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn woman was sentenced to 19 years to life in prison for the 2016 shooting death of a father trying to calm an angry resident during an argument at the Farragut Houses in Downtown Brooklyn.

District Attorney Gonzalez said, “The defendant showed little regard for the safety of her neighbors or children who were out enjoying a warm summer day. This outrageous behavior not only claimed the life of a loving father, but left a gaping hole in a family and a community. The defendant has now been held responsible for this heinous crime.”

The District Attorney identified the defendant as Cheyenne Wright, 29, of Vinegar Hill, Brooklyn. She was sentenced today by Brooklyn Supreme Court Justice Danny Chun to 19 years to life in prison following her conviction earlier this month of second-degree murder, first-degree reckless endangerment, and second-degree criminal possession of a weapon after a jury trial.

The District Attorney said that, according to trial testimony, on June 15, 2016, at approximately 6:14 p.m., the defendant was involved in a fight with a group of women in front of 192 Sands Street of the Farragut Houses near the Brooklyn Navy Yard. Sometime during the argument, the defendant left, returned with a gun, and began firing into the vicinity of a crowd of people where children played. The victim, Luis Villot, 29, approached the defendant and tried to calm her as she fired into the air. As the defendant turned to leave, she suddenly spun around, fired a third round, and shot Villot in the forehead.

Villot was declared brain dead, and died three days later at New York Methodist Hospital.

According to trial testimony, the defendant gave the weapon to her mother and fled, but surrendered on June 21, 2016.

The case was prosecuted by Senior Assistant District Attorney Andres Palacio, of the District Attorney’s Homicide Bureau, under the supervision of Assistant District Attorney Timothy Gough, Bureau Chief.

#

 

FOR IMMEDIATE RELEASE
Tuesday, February 27, 2018

 

Gang Member Sentenced to 25 Years in Prison for Shooting
And Killing Teenager Outside of Applebee’s in Downtown Brooklyn

Shots Fired as Two Rival Gangs Confronted Each Other on Busy Flatbush Avenue

Brooklyn District Attorney Eric Gonzalez today announced that a gang member was sentenced to 25 years in prison for shooting and killing a 16-year-old during a gun battle between gang members on a busy Downtown street. A second young man was injured.

District Attorney Gonzalez said, “This is the second defendant brought to justice for brazenly opening fire on a busy Downtown Brooklyn street with no regard for those around him. The shooting took one young man’s life and injured another. Such senseless violence will not be tolerated.”

The District Attorney identified the defendant as Malik Peters, 19, of Fort Greene, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Vincent Del Giudice following his conviction last month on charges of first-degree manslaughter, first-degree attempted assault and second-degree criminal possession of a weapon after a jury trial. A co-defendant, Tyshawn Simon-Roberson, 18, was convicted of the same charges by a different jury and was sentenced to 15 years in prison on February 13, 2018.

According to trial testimony, on October 26, 2015, at approximately 6 p.m., members of two rival gangs, the East New York-based “4 to 5” and the Fort Greene-based “900” met up in the vicinity of 395 Flatbush Avenue Extension, in front of an Applebee’s restaurant, and confronted each other. Simon-Roberson pulled out a firearm and fired twice, striking an 18-year-old in the leg. When “4 to 5” associates, which included Armani Hankins, ran in pursuit of the fleeing “900” members after the teen was shot in the leg, Peters pulled out a gun and shot and killed “4 to 5” gang member Hankins.

The case was investigated by Detective Anthony Barbee of the NYPD’s 88th Precinct Detective Squad. The case was additionally investigated by Detective Investigator Kolawole Olosunde, under the supervision of Supervising Detective Investigator David Acres, Deputy Chief Edwin Murphy and Interim Chief Joseph Piraino, of the District Attorney’s Investigations Bureau.

The case was prosecuted by Assistant District Attorney Patrick O’Connor, Deputy Chief of the District Attorney’s Violent Criminal Enterprises Bureau, and Senior Assistant District Attorney Viviane Dussek, also of VCE, under the supervision of Assistant District Attorney Nicole Chavis, VCE Chief, and the overall supervision of Assistant District Attorney Patricia McNeill, Deputy Chief of the Investigations Division.

#

 

FOR IMMEDIATE RELEASE
Tuesday, February 27, 2018

 

Defendant Who Operated Shadow Utility Company that Illegally Installed Gas Meters Pleads Guilty to Enterprise Corruption

To Receive 2 1/3 to 7 Years in State Prison

Brooklyn District Attorney Eric Gonzalez, together with New York City Department of Investigation Commissioner Mark G. Peters, today announced that a former National Grid employee, who became the architect of a shadow utility company that illegally installed gas meters in violation of safety protocols by infiltrating the public utility and corrupted some of its employees has pleaded guilty to enterprise corruption.

District Attorney Gonzalez said, “With today’s guilty plea this defendant admits to his role as the mastermind of this unique and unprecedented enterprise that has now been uncovered and dismantled thanks to the work of investigators and prosecutors. As Brooklyn property values continue to rise we will be vigilant in protecting residents against all kinds of fraudulent schemes that such unscrupulous opportunists invent to speed up work and violate safety protocols.”

Commissioner Peters said, “This defendant was the architect of a plot to line his and his associates pockets by engaging in illegal gas meter installations for cash; ignoring safety and potentially endangering lives. Today’s guilty plea demonstrates that undermining City processes and violating necessary construction regulations are serious offenses that will be investigated and prosecuted. We thank the Brooklyn District Attorney’s Office for their partnership in this case.”

The District Attorney identified Weldon “Al” Findlay, 48, of Snyder Avenue, Brooklyn, as the mastermind and leader of the enterprise. Findlay, who worked for National Grid until 2010, pleaded guilty today to one count of enterprise corruption and one count of falsifying business records before Brooklyn Supreme Court Justice Danny Chun, who, in a plea offered by the Court, promised him a term of 2 1/3 to 7 years in state prison when he is sentenced on May 2, 2018.

The District Attorney said that, according to the guilty plea, the enterprise arranged for the illegal installation of gas meters in exchange for cash at 33 residential properties across Brooklyn, including Williamsburg, Bedford-Stuyvesant, Brooklyn Heights, Bushwick, Crown Heights, Midwood, and Borough Park, in addition to homes in parts of Queens. Findlay formed the enterprise and directed its criminal activities throughout the period covered by the indictment, namely January 12, 2016 to June 30, 2016.

The Department of Buildings and National Grid have inspected every property identified in connection with the investigation, and ensured that there is no risk to public safety.

The District Attorney said that existing protocols required National Grid employees opening accounts (for new or renewed gas service) to check the public Building Information System (BIS) database to confirm that the property had been inspected as required by the New York City Department of Buildings (DOB). A licensed master plumber or a DOB inspector must visit the location and conduct appropriate testing to ensure that gas lines have been properly and safely installed; compliance is indicated by a control number created in the BIS database. A National Grid employee acting properly would check for the BIS number and then include it in the account record before dispatching a technician to install a meter and initiate gas service.

According to the investigation, when a landlord with a new or renovated apartment wanted to avoid either the expense of the required tests, or possible delays associated with compliance, the landlord contacted Findlay, who would arrange for illegal service through his criminal enterprise. Landlords could be confident that National Grid employees setting up the account and providing gas service would violate or ignore any rules or regulations that would prevent or delay the supply of gas.

The case was investigated by DOI, specifically, Assistant Inspectors General Michael Antolini and Noah Mohney; Confidential Investigator Dan Taylor, Deputy Inspector General Edward Zinser and Chief Investigator James McElligott, under the supervision of Inspector General Gregory Cho, Associate Commissioner James J. Flaherty, and First Deputy Commissioner Lesley Brovner.

The District Attorney thanked New York City Department of Investigation Commissioner Mark G. Peters and his staff for their work on this case. He also thanked the New York City Department of Buildings and National Grid for their assistance and cooperation in the investigation.

The case was prosecuted by Senior Assistant District Attorney Adam S. Libove of the District Attorney’s Public Integrity Unit, with the assistance of Senior Assistant District Attorney Sara Walshe, Assistant District Attorney Renee Hassel and Assistant District Attorney Katherine Zdrojeski, under the supervision of Assistant District Attorney Michael Spanakos, Unit Chief, and the overall supervision of Assistant District Attorney Patricia McNeill, Deputy Chief of the District Attorney’s Investigations Division and Mark Feldman, Senior Executive Assistant District Attorney for Crime Strategies and Investigations.

#

 

FOR IMMEDIATE RELEASE
Monday, February 26, 2018

 

Building Owner Charged with Filing 28 Forged Documents Using Dead Notary Public’s Signature to Try to Evict Tenants

Defendant Targeted Multiple Tenants with the Forged Documents

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn building owner was charged with forgery and other charges for allegedly using a deceased’s notary public’s stamp and signature on court filings to try to evict tenants from his apartment building in Bedford-Stuyvesant.

District Attorney Gonzalez said “This defendant attempted to fool the court by using someone else’s identity for his nefarious business plans. As Brooklyn continues to soar in popularity as a wonderful place to live, I am committed to protecting the rights of its residents.”

The District Attorney identified the defendant as Abdus Shahid, 64, owner and a resident of 455 Tompkins Avenue, in Bedford-Stuyvesant, Brooklyn. Shahid was arraigned late Friday, February 23, 2018 in Brooklyn Criminal Court on a criminal complaint in which he is charged with 28 counts of second-degree forgery, 28 counts of first-degree offering a false instrument for filing, and 28 counts of second-degree making an apparently sworn false statement. He was released without bail.

The defendant filed civil suits against five tenants he was trying to evict, claiming they damaged his property. The tenants, who were represented by the Legal Aid Society, claimed the landlord was trying to evict them for filing complaints against him with 311.

The alleged forgery was discovered when a Legal Aid attorney representing a tenant noticed the deceased notary’s signature on court filings. In his court filings, the defendant verified and purportedly signed all the documents using the notary stamp and signature of Yitzchok Ring, who died on October 6, 2014. The court documents in the eviction proceedings were filed between March 16, 2015 and September 8, 2016.

The case was investigated by Detective Investigator Jacqueline Klapak of the Kings County District Attorney’s Special Investigations Unit, under the supervision of Senior Detective Investigator Michael Seminara.

The case is being prosecuted by Senior Assistant District Attorney Vivian Young Joo, of the District Attorney’s Frauds Bureau, under the supervision of Assistant District Attorney Christopher Blank, Chief of the District Attorney’s Organized Crime and Racketeering Unit, and the overall supervision of Assistant District Attorney Patricia McNeill, Deputy Chief of the District Attorney’s Investigations Division.

#

A criminal complaint is an accusatory instrument and not proof of a defendant’s guilt

 

FOR IMMEDIATE RELEASE
Thursday, February 22, 2018

 

Brooklyn Man Convicted of Fatal Shooting in Ditmas Park

Faces up to 25 Years to Life in Prison

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man was convicted of murder for the 2015 shooting death of another man, Raphael Kurton, who was shot in the chest and leg in front of a shop in Ditmas Park.

District Attorney Gonzalez said, “This was a brazen and senseless murder for which a jury has now held this defendant accountable. Brooklyn residents have a right to feel safe in their communities and we will never tolerate such violence in our neighborhoods.”

The District Attorney identified the defendant as Patrick Zephir, 36, of Ditmas Park, Brooklyn. He was convicted today of second-degree murder and second-degree criminal possession of a weapon following a jury trial before Brooklyn Supreme Court Justice Vincent Del Giudice. The defendant will be sentenced on April 9, 2018, at which time he faces up to 25 years to life in prison.

The District Attorney said that, according to trial testimony, on May 26, 2015, at approximately 9:20 p.m., in front of a deli located at 1624 Newkirk Avenue, the defendant aimed a handgun at Raphael Kurton, 27, and fired six times, striking the victim twice, once in the chest and once in the thigh. He later died at Kings County Hospital.

Zephir fled the scene and was arrested two and a half months later in West Virginia.

The case was prosecuted by Senior Assistant District Attorney Bernarda Villalona, of the District Attorney’s Homicide Bureau, under the supervision of Assistant District Attorney Timothy Gough, Bureau Chief.

#

 

FOR IMMEDIATE RELEASE
Thursday, February 22, 2018

 

Brooklyn Man Sentenced to 23 Years to Life in Prison for Fatally Shooting a Man During an Ambush in Bedford-Stuyvesant

Defendant Ambushed the Victim While He was Sitting in a Courtyard

Brooklyn District Attorney Eric Gonzalez today announced that a 37-year-old man has been sentenced to 23 years to life in prison for fatally shooting a man in 2015 during an ambush in Bedford-Stuyvesant.

District Attorney Gonzalez said, “This defendant carefully planned and executed a cowardly attack on an unsuspecting man. I am committed to continue keeping Brooklyn safe and today’s sentence ensures that this clearly dangerous individual is taken off our streets.”

The District Attorney identified the defendant as Isaac Bryant, 37, of Bedford-Stuyvesant, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Danny Chun to 23 years to life in prison. The defendant was convicted of second-degree murder and second-degree criminal possession of a weapon last November following a jury trial.

According to trial testimony, on May 27, 2015, at approximately 3:30 p.m., the defendant exited a car and walked towards the victim while holding a handgun and started shooting. The victim, Jamaal Anderson, 31, was sitting in a courtyard at 1615 Fulton Street in Bedford-Stuyvesant. Anderson attempted to run away when he heard the shots, but was shot in the back and collapsed. The defendant then ran back to the car and drove off.

The shooting was in retaliation for a friend’s shooting days earlier, according to trial testimony.

The District Attorney said that the victim was taken to Interfaith Hospital where he was later pronounced dead. Investigators recovered surveillance video showing the defendant running towards the victim while shooting a gun. Bryant was also recorded running away and getting into his car after the shooting.

The case was prosecuted by Senior Assistant District Attorney Ernest Chin, of the District Attorney’s Homicide Bureau, and Senior Assistant Attorney Douglas Marquez, of the District Attorney’s Grey Zone Trial Bureau, under the supervision of Assistant District Attorney Timothy Gough, Homicide Bureau Chief.

#

 

FOR IMMEDIATE RELEASE
Thursday, February 15, 2018

Former Owner of Three-Quarter Houses Pleads Guilty
To Fraud for Unlawfully Removing Tenants from Homes

Will Be Sentenced to up to Three Years in Prison; Forced Tenenets Out of Homes
During the Day, Locked Doors, Put Belongings on the Street, Broke Stoves

 

Brooklyn District Attorney Eric Gonzalez today announced that the former owner of a company that operated three-quarter houses in Brooklyn pleaded guilty to scheme to defraud and will be sentenced to up to three years in prison. The defendant used various tactics to evict residents without a court order, including putting their belongings on the street, removing their mattresses, preventing them from cooking by breaking stoves and locking the doors to the residences to prevent entry after forcing them out during the daytime.

District Attorney Gonzalez said, “This defendant victimized the most vulnerable among us by treating them inhumanely – they were used to make him a profit and then literally thrown to the curb. His actions were unlawful and unconscionable, making the prison sentence he will receive appropriate. I remain committed to protecting everyone in Brooklyn from fraud and illegal evictions such as these.”

The District Attorney identified the defendant as Yury Baumblit, 67, of Brighton Beach, Brooklyn. He pleaded guilty yesterday before Brooklyn Supreme Court Justice Danny Chun to first-degree scheme to defraud in exchange for a promised sentence of one and a half to three years in prison. Sentencing was scheduled for March 7, 2018. The sentence will run concurrently with a sentence in a separate case that’s being handled by the New York State Attorney General’s Office.

The District Attorney said that, according to the investigation, Baumblit operated Back on Track Inc., a company that rented out three-quarter houses (also known as transitional houses or sober houses). Most tenants in his houses received shelter allowance from the New York City Human Resources Administration and others paid the landlord in cash.

Between April 2014 and March 16, 2016, the defendant unlawfully evicted at least 10 tenants who occupied rooms for over 30 days – even though landlords cannot evict a tenant who occupies a room or a bed for 30 consecutive days without a court order. That constituted an ongoing scheme to defraud these tenants of their property. All the tenants were directed by Baumblit to attend a substance abuse program, even when they did not have a substance abuse problem.

One victim moved to 456 Glenmore Avenue in East New York, Brooklyn in May 2014 and resided there for over a year. During that period, Baumblit or his employee locked the residence during the day, according to the investigation. In addition, the victim observed the defendant or his employees removing mattresses belonging to tenants and destroying the stove so tenants could not cook.

Another tenant in the residence, who paid Baumblit in cash from his disability payments, was evicted after six months in the home when the defendant removed his belongings and placed another tenant in his bed. The victim sued in Tenant-Landlord Court and obtained an order directing Baumblit to return the bed to him. The defendant refused and the victim slept on the floor for more than four months.

At that same residence, another victim had surgery in early 2015 and, subsequently, was told by Baumblit he could not stay in the home during the day and had to attend his assigned program. The victim went to the program, collapsed in the street and was hospitalized for five days, according to the indictment.

The case was investigated by Detecitve Investigator Marvin Chalmers under the supervision of Supervising Detective Investigator Robert Addonizio and Deputy Chief Edwin Murphy. NYPD Police Officer Courney Vishawadia, of the 73rd Precinct, initially investigated the case and arrested the defendant.

The case was prosecuted by Senior Assistant District Attorney Vivian Young Joo, of the District Attorney’s Frauds Bureau, under the supervision of Assistant District Attorney Patricia McNeill, Deputy Chief of the Investigations Division.

#