Year: 2018

FOR IMMEDIATE RELEASE
Wednesday, February 14, 2018

 

Former Employee of Charter Bus Company Sentenced to Prison
For Stealing over $1 million in Amusement Park Tickets from Employer

Used Company Credit Card to Buy and Misappropriate over 36,000 Tickets
To Dorney Park and Six Flags Great Adventure

Brooklyn District Attorney Eric Gonzalez announced that a Staten Island woman was sentenced to one to three years in state prison today, following her guilty plea to first-degree grand larceny last month for stealing amusement park tickets valued at over $1 million from her employer, a Red Hook-based charter bus company. The defendant used the company credit card to purchase tickets that were later redeemed at the parks but unconnected to any company offerings.

District Attorney Gonzalez said, “This defendant was an unscrupulous employee who used her position of trust to steal more than $1 million in property from her employer. Losses such as this can be devastating to small businesses, which are integral to our communities in Brooklyn. Today’s prison term holds her accountable.”

The District Attorney identified the defendant as Rosemarie Bader, 51, of Staten Island. The defendant was sentenced today to one to three years in prison by Brooklyn Supreme Court Justice Danny Chun, who signed a judgment order directing the defendant to pay restitution in the amount of $1,000,533.00 to Best Trails & Travel. The defendant pleaded guilty to first-degree grand larceny last month.

The District Attorney said that, according to the indictment, the defendant worked for Best Trails and Travel Corporation (BTTC), a charter bus company located at 5 Sigourney Street in Red Hook, Brooklyn. BTTC offers private and corporate charter bus packages to a variety of locations, including regional amusement parks and casinos and often including admission to the destinations. The defendant, a 16-year employee of the company, was most recently employed as the Sales Director – a role in which she alone managed and coordinated the various amusement park trip packages offered by BTTC to its clientele: She ordered the tickets from the amusement parks, took delivery of the tickets, secured the tickets in a safe to which she alone had access, placed bus dispatch orders and distributed the appropriate number of theme park tickets to the bus drivers and trip leaders. The defendant was authorized to use BTTC’s American Express credit card to pay for the theme park tickets for the packages.

The District Attorney said that, according to the investigation, between approximately January 2014 and November 2016, the defendant used the BTTC credit card to over-order tickets to two of the company’s destinations, Six Flags Great Adventure in Jackson, New Jersey and Dorney Park in Allentown, Pennsylvania, using the card to pay for over 36,000 tickets that were unconnected to any BTTC bus package but were redeemed at the parks. The defendant took delivery of the tickets by intercepting UPS and Federal Express deliveries and storing the tickets in a personal safe under her desk to which only she had access. The vast majority of the tickets the defendant over-ordered and possessed were never used to fulfill BTTC’s bus-and-ticket packages, nor were the unused and unauthorized tickets returned to the amusement parks for refund, as was the company’s usual practice. Rather, the defendant kept those tickets for her own use without authorization of BTTC.

The defendant’s scheme was discovered in 2016 when an accounting by her employer revealed company ticket orders to Dorney Park and Six Flags Great Adventure far exceeding the actual bus seats available to the parks through company-run trips during applicable time periods. In total, between approximately January 2014 and November 2016, the defendant allegedly used the BTTC American Express credit card to purchase 23,136 tickets to Dorney Park and 13,102 tickets to Six Flags Great Adventure that were redeemed at the parks, according to the investigation, but were unconnected to any BTTC trips. Combined, based upon the average cost of the tickets misappropriated by the defendant, she stole at least $1,000,533 worth of tickets from the company. The defendant’s employment was terminated in October 2016.

The case was investigated by Supervising Detective Investigator Michael Seminara and Detective Investigator Jacqueline Klapak, both of the District Attorney’s Investigations Bureau, under the overall supervision of Chief Investigator Joseph Piraino.

The case was prosecuted by Assistant District Attorney Deidre Moskowitz, of the District Attorney’s Frauds Bureau, under the supervision of Assistant District Attorney Patricia McNeill, Deputy Chief of the Investigations Division, and Assistant District Attorney Mark Feldman, Senior Executive for Investigations and Crime Strategies.

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FOR IMMEDIATE RELEASE
Tuesday, February 13, 2018

 

New York City Police Officer Convicted in Connection
With Transferring Title to Bedford-Stuyvesant Property to Herself

Faces Up to 7 Years in Prison at Sentencing

Brooklyn District Attorney Eric Gonzalez today announced that a New York City police officer has been convicted in connection with transferring title from a neglected three-family house in Bedford-Stuyvesant by filing a deed transferring the property from the deceased owner’s nephew to herself in 2012, only to see her scheme unravel when the nephew was approached by an actual potential buyer in 2014.

District Attorney Gonzalez said, “This defendant shamelessly took advantage of a vacant house to enrich herself. She has now been held accountable. I am committed to protecting homeowners as Brooklyn’s property values soar and criminals try to cash in. I urge property owners to register their homes with ACRIS (Automated City Register Information System) so that they are automatically informed of changes made to documents associated with their property.”

The District Attorney identified the defendant as Police Officer Blanche O’Neal, 40, of Bedford-Stuyvesant, Brooklyn. She was convicted of first-degree perjury, second-degree criminal possession of a forged instrument and first-degree offering a false instrument for filing today following a bench trial before Brooklyn Supreme Court Justice Danny Chun. She will be sentenced on April 18, 2018, at which time she faces up to 7 years in prison.

The District Attorney said that, according to trial testimony, on September 12, 2012, the defendant, who is an NYPD officer, executed a deed that stated that she bought the property, 23A Vernon Avenue, from the nephew of the deceased homeowner, Lillian Hudson, who died in 1993. The nephew and several relatives inherited the property, though it sat vacant and neglected for many years.

The defendant, according to trial testimony, falsely indicated in her filings with the New York City Department of Finance, Office of the City Register, that she purchased the property for $10,000 from the nephew and the deed was purportedly signed by him. The Office of the City Register recorded the deed on October 11, 2012.

Furthermore, in connection with a burglary involving the property, the defendant falsely testified before a grand jury on September 29, 2014, that she owned the property.

In 2014, the nephew and the other heirs were approached by a buyer in the form of a business entity known as 23A Vernon LLC. That is when Lillian Hudson’s heirs discovered the 2012 deed allegedly filed by the defendant.

The case was investigated by the New York City Office of the Sheriff, Bureau of Criminal Investigation, Investigator Teresa Russo, under the supervision of Chief Investigator James Grayson, First Deputy Sheriff Maureen Kokeas, and the overall supervision of Sheriff Joseph Fucito.

The case was prosecuted by Senior Assistant District Attorney Frank Dudis and Assistant District Attorney Ellen Koenig of the District Attorney’s Real Estate Fraud Unit, and Assistant District Attorney Richard Farrell, Unit Chief, under the supervision of Assistant District Attorney Patricia McNeill, Deputy Chief of the District Attorney’s Investigations Division.

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FOR IMMEDIATE RELEASE
Tuesday, February 13, 2018

 

Gang Member Sentenced to 15 Years in Prison for Shooting
Teenager during Incident where Another Teen was Killed
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 15 years in prison following his convictions of first-degree manslaughter and other charges in connection with a 2015 shooting in which he shot an 18-year-old, leading to the subsequent death of 16-year-old Armani Hankins.

District Attorney Gonzalez said, “I am committed to keeping the people of Brooklyn safe and will not tolerate gun battles in our streets like the one that took place in this case. This defendant opened fire in a bustling neighborhood, not far from a hospital and a college campus, wounding a young man. With today’s sentence, he has been held responsible for his brazen and lawless actions.”

The District Attorney identified the defendant as Tyshawn Simon-Roberson, 18, of Downtown Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Vincent Del Giudice following his conviction last month of first-degree manslaughter, first-degree attempted assault and second-degree criminal possession of a weapon after a jury trial. A co-defendant, Malik Peters, 19, was convicted of the same charges by a different jury and is scheduled to be sentenced on February 27, 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.

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FOR IMMEDIATE RELEASE
Friday, February 9, 2018

 

Motorist Whose Doctor Allegedly Told Him Not to Drive Because of Medical Condition Indicted for Manslaughter of Father in East Flatbush

Driver Slammed into Pedestrian after Losing Control of Vehicle

Brooklyn District Attorney Eric Gonzalez today announced that a 41-year-old man has been indicted on manslaughter and other charges for a 2017 fatal crash that took place after his leg allegedly locked on the gas pedal of his car due to a pre-existing medical condition, causing him to lose control of the car at a high rate of speed.

District Attorney Gonzalez said, “This was a preventable death that could have been avoided if the defendant had listened to his own doctor’s advice, instead he got behind the wheel and now an innocent father is dead. Following a thorough investigation, we will now seek to hold him accountable because I am determined to keep our streets safe for all pedestrians, bicyclists and drivers.”

The District Attorney identified the defendant as Mark Antoine, 41, of Brooklyn. He was arraigned yesterday before Brooklyn Supreme Court Justice William Miller on an indictment in which he is charged with second-degree manslaughter, criminally negligent homicide, reckless driving and speeding. He was ordered held on $50,000 bail and to return to court on February 14, 2018. The defendant faces up to 15 years in prison if convicted of the top charge.

The District Attorney said that, according to the investigation, on January 9, 2017, at approximately 5:20 p.m., the defendant was behind the wheel of a 2004 Nissan Pathfinder in the vicinity of Avenue A and Remsen Avenue in East Flatbush, when his leg allegedly stiffened due to a medical condition and became locked on the gas pedal. He lost control of the car at a high rate of speed and had multiple accidents involving six other cars and struck and killed a pedestrian, Marlon Palacios, at Avenue A and Linden Boulevard. The incident occurred over two blocks, with the vehicle’s speed accelerating throughout, and alleged to be at least 60 mph when Palacios was struck.

Following an investigation, it was revealed that Antoine had been diagnosed and was being treated for multiple sclerosis, and that prior to the incident his physician told him that he should not drive due to his medical condition.

The case is being prosecuted by Assistant District Attorney Jennifer Nocella, Deputy Chief of the District Attorney’s Vehicular Crimes Unit, under the supervision of Assistant District Attorney Craig Esswein, Chief of the Vehicular Crimes Unit, and the overall supervision of Assistant District Attorney Joseph Alexis, Chief of the Trial Division.

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

 

FOR IMMEDIATE RELEASE
Wednesday, February 7, 2018

 

Brooklyn Man Indicted for Using Facebook to Lure
Teenage Girls in to Sex Scheme

Defendant Charged with Raping Three Minors, Ages 14 and 15

Brooklyn District Attorney Eric Gonzalez today announced that a 26-year-old Prospect Park South man has been charged in two separate indictments in connection with catfishing three teenage girls into a fake “sex for money” scheme on Facebook, videotaping himself having sex with them and threatening to post the videos online if they didn’t continue to be intimate with him.

District Attorney Gonzalez said, “This defendant is allegedly a sexual predator who targeted vulnerable young girls in a cruel scheme. Parents and social media users should be aware that there are many predators trolling the internet for victims, who are then preyed upon, and should always closely monitor online activity.”

The District Attorney identified the defendant as Phyllip Bertrand, aka Coolen Jay, aka Teddy, 26, of Prospect Park South, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which he is charged with five counts of second-degree rape, five counts of third-degree rape, five counts of sexual misconduct, and endangering the welfare of a child. Last month he was arraigned on an indictment in which he is charged with two counts of first-degree rape, seven counts of third-degree rape, seven counts of sexual misconduct, three counts of use of a child in a sexual performance, five counts of promoting a sexual performance by a child, two counts of possessing a sexual performance by a child, four counts of endangering the welfare of a child, five counts of third-degree criminal sexual act, first- and second-degree coercion, three counts of use of a child in a sexual performance as a sexually motivated felony, and five counts of promoting a sexual performance by a child as a sexually motivated felony. He is being held on bail of $500,000 bond or $250,000 cash on the earlier indictment. Justice Chun set an additional bail of $100,000 bond or $50,000 cash at today’s arraignment.

The District Attorney said that the defendant allegedly approached multiple teenage girls on Facebook, pretending to be someone known as “Coolen Jay” and said they could make thousands of dollars (in one instance up to $20,000) by having sex with his friend, “Teddy.” The investigation revealed that “Teddy” and “Coolen Jay” were aliases for the defendant.

The first victim, a 15-year-old girl, agreed to have sex with “Teddy” for money on multiple occasions, beginning in April 2017, but when she asked to be paid she was promised she would get the money at a later date. By September 2017 she complained that she hadn’t received any money and stopped visiting “Teddy.” The defendant, who had allegedly been texting the victim using both personas, “Coolen Jay” and “Teddy,” then allegedly posted a video of her having sex with him online, which was sent to several of her school mates. He also allegedly posted it to a porn website. She was notified by the principal of her school and police were called.

Upon further investigation, including a review of the defendant’s social media, it is alleged, two additional victims of the same type of scheme were identified, a 15-year-old girl and a 14-year-old girl, both of whom were lured by “Coolen Jay” to have sex with “Teddy” in exchange for cash. Neither girl was ever paid.

Anyone who is aware of additional victims of this scheme is urged to call police at 646-872-7609.

The case was investigated by New York City Police Department Detective Philip Adaszewski of the Major Case Vice Unit, under the supervision of Lieutenant Joseph Agresta and Captain Thomas Milano, and the overall supervision of Inspector James Klein.

Senior Intelligence Analyst Brooklyn Middleton of the District Attorney’s Crime Strategies Unit and KCDA Digital Forensic Analysts Jason Lee and Thomas Woodburn assisted in the investigation.

The case is being prosecuted by Senior Assistant District Attorney David Weiss and Assistant District Attorney Anne Volk, of the District Attorney’s Human Trafficking Unit, with the assistance of Paralegal Alexandra Iorio and KCDA Human Trafficking Social Worker Tracy Sun, under the supervision of Assistant District Attorney Laura Edidin, Unit Chief and the overall supervision of Assistant District Attorney Miss Gregory, Chief of the Special Victims Bureau.

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FOR IMMEDIATE RELEASE
Tuesday, February 6, 2018

 

Brooklyn Man Sentenced to 20 Years to Life in Prison
For Fatal Shooting of Innocent Woman in Crown Heights

Victim Shot on Eastern Parkway as Her Son Waited in Her Car

Brooklyn District Attorney Eric Gonzalez today announced that a 37-year-old man has been sentenced to 20 years to life in prison for the 2007 fatal shooting of a 35-year-old woman.

District Attorney Gonzalez said, “This defendant senselessly took the life of an innocent bystander when he engaged in an afternoon gunfight, leaving a young boy without his mother and devastating her family. He has now been held accountable.”

The District Attorney identified the defendant as Darius Dubarry, 37, of Crown Heights, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Miriam Cyrulnik to 20 years to life in prison. The defendant was convicted of one count of second-degree murder on December 15, 2017 following a jury trial.

The District Attorney said that, according to trial testimony, on December 15, 2007, at approximately 5:30 p.m., the defendant got into a gun battle with Herburtho Benjamin in the vicinity of 390 Eastern Parkway in Crown Heights. Dubarry fired 10 shots from his 9mm gun and Benjamin fired approximately four shots. Carol Simon was struck once in the abdomen by a bullet from Dubarry’s gun and later died at Kings County Hospital. She had just left her 9-year-old son in a car and was trying to return home to her apartment on Eastern Parkway to retrieve something before taking her son to his swimming lesson when she was shot.

The defendant fled to Augusta, Georgia and was apprehended there by police on December 23, 2007 in a Days Inn motel where he had checked in using a different name.

Dubarry was convicted of second-degree murder in 2009, but the conviction was reversed on appeal. At the same trial, his co-defendant, Benjamin was convicted of second-degree manslaughter.

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

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FOR IMMEDIATE RELEASE
Monday, February 5, 2018

 

Contractor Who Admitted Shortchanging Workers on New York City Housing Authority Construction Project Pays $650,000 Restitution

Paid Less Than Half the Prevailing Wage and Pocketed the Rest

Brooklyn District Attorney Eric Gonzalez and Department of Investigation Commissioner Mark G. Peters today announced that a contractor who previously pleaded guilty to underpaying 27 employees who worked on a construction project in Brooklyn that was financed by the New York City Housing Authority (NYCHA) has paid $650,000 in restitution to those who were cheated out of wages. The defendant instructed the workers to lie to integrity inspectors about how much they were actually earning.

District Attorney Gonzalez said, “This is the second case in as many months where we have recovered substantial amounts of restitution from contractors who brazenly stole from workers. This case is especially outrageous in that the workers were told they were being cheated and were forced to lie about their wages to integrity inspectors in order to keep their jobs. Such abuse of hard-working laborers will not be tolerated in Brooklyn and will be criminally prosecuted.”

Commissioner Peters said, “With these guilty pleas and restitution, workers will finally receive their rightful wages – wages that were stolen from them by these defendants as part of a prevailing wage scheme. DOI will continue its work fighting prevailing wage and construction fraud. DOI thanks its partners at the Brooklyn District Attorney’s Office for their work on this case.”

The District Attorney identified the defendant as Mehdi (“Morris”) Dayan, 75, of Roslyn, N.Y.; and his company, EEC Group Tech Inc., of Jericho, N.Y. Both defendants pleaded guilty to first-degree scheme to defraud and second-degree grand larceny on September 27, 2017, before Brooklyn Supreme Court Justice Danny Chun. They were ordered to make restitution of $650,000, which was paid last week. Dayan was sentenced by Justice Chun today to three years’ probation and EEC was sentenced to a conditional discharge.

In October 2017, his co-defendants in the case, Mohammed (“Taju”) Miah, 60, of Canarsie, Brooklyn and his company, T&J Contracting Inc., of Crown Heights, Brooklyn pleaded guilty to a misdemeanor violation of the Labor Law, were debarred from city contracts and forfeited their general contractor licenses. Another co-defendant, Sharifullah Sowpon, 41, the foreman of T&J Contracting, also of Canarsie, Brooklyn, also pleaded guilty to a misdemeanor violation of the Labor Law and was sentenced to a conditional discharge.

The District Attorney said that on December 19, 2013, defendant Dayan, as president and owner of EEC Group Tech Inc., submitted an $8 million bid to NYCHA for a contract to preform exterior restoration and roofing replacement at two Brooklyn housing developments: the Brown Houses at 1776 Prospect Plaza in Crown Heights and Glenmore Plaza at 89 Christopher Avenue in Brownsville. The bid listed T&J Contracting Inc. as masonry and roofing subcontractor. EEC won the bid on March 28, 2014.

The bid and contract repeatedly stated that the defendants were obligated to pay federal Davis-Bacon prevailing wages to all workers. The hourly rates, including benefits, ranged from $61.50 to $82.31. After 40 hours a week, the contract required wages of time-and-a-half the straight-time rate. NYCHA employed an integrity monitor, whose representatives regularly visited the worksite, checked that the correct wages were posted, reviewed payroll reports, interviewed workers and repeatedly admonished the defendants to pay the correct prevailing wages.

Between April 29, 2014 and November 19, 2015, 27 employees on the project worked as mason tenders, roofers, bricklayers, carpenters and stone masons. The defendants listed the names of nearly all of these employees on the certified payroll reports submitted to NYCHA, which stated that the defendants had paid all workers the correct wages. It is alleged that, in reality, the workers were paid between $15 and $25 per hour and some were not paid for all the weeks of work.

In an attempt to evade discovery of the scheme, defendants Miah and Sowpon instructed workers to tell the integrity monitors that they were getting paid between $54 and $74 per hour and all the defendants made the workers sign an acknowledgement form, stating that each worker received full Davis-Bacon prevailing wages, when that was not true, and released the defendants from any claim for wages. Defendants Dayan and EEC instructed their outside payroll service to create payroll records showing that workers received prevailing wages that matched the certified reports submitted to NYCHA. The investigation revealed that the company never distributed most of these checks to the workers and, despite repeated requests, never provided the integrity monitor with copies of the cashed employee paychecks.

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 District Attorney’s Investigations Division.

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FOR IMMEDIATE RELEASE
Thursday, February 1, 2018

 

Brighton Beach Man Sentenced to 19 Years in Prison For Fatally Shooting a Friend in the Chest

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been sentenced to 19 years in prison for the 2015 shooting death of a 29-year-old man.

District Attorney Gonzalez said, “This defendant showed a total disregard for human life when he fatally shot his friend to death. He has now been held accountable for this crime, and we will continue our efforts to keep the streets of Brooklyn safe from senseless gun violence.”

The District Attorney identified the defendant as Jeffrey McCrae, 33, of Brighton Beach, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Alexander Jeong to 19 years in prison and five years’ post-release supervision following his conviction on December 11, 2017 of first-degree manslaughter and second-degree criminal possession of a weapon after a jury trial.

The District Attorney said that, according to trial testimony, on March 24, 2015, near 1663 Ocean Parkway, in Midwood, Brooklyn, the defendant shot and killed his friend Natik Nissimov, 29. The defendant shot the victim at least once directly in the chest. The victim was found unresponsive in the street at about 6:40 a.m. He was transported to Coney Island Hospital where he was pronounced dead.

Earlier that night, there was a stabbing of a mutual friend of the defendant and the victim, and the defendant claimed to have seen the deceased pass a knife to the stabber. However, the evidence showed that the deceased had nothing to do with the stabbing. The defendant lured the victim to the location and killed him, according to testimony.

The defendant was arrested on an unrelated grand larceny charge in June 2015 and later made a video statement admitting to the shooting.

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.

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FOR IMMEDIATE RELEASE
Wednesday, January 31, 2018

 

Eleven Defendants Charged with Conspiring to Traffick Narcotics Following Undercover Investigation into Lucrative Ring Operating in
Sheepshead Bay, Coney Island and Gerritsen Beach

Operation Allegedly Took in Approximately $17,000 a Week

Brooklyn District Attorney Eric Gonzalez and New York City Police Commissioner James P. O’Neill today announced that 11 people have been indicted in connection with a narcotics trafficking ring that operated primarily in southern Brooklyn, selling cocaine and heroin, including heroin mixed with fentanyl.

District Attorney Gonzalez said, “This indictment reflects our continuing commitment to fighting the burgeoning scourge of opioid addiction that is spreading to too many of our neighborhoods. These drug dealers profit from the misery of addiction, selling dangerous drugs while destroying lives and futures. Thanks to the hard work of the NYPD and prosecutors from our office, we will now seek to hold them accountable for their criminal actions.”

Commissioner O’Neill said, “As alleged, these individuals fueled the supply of narcotics in areas of Brooklyn through their drug trafficking operation, while they ignored the welfare of the communities they operated in and profited from. I commend the NYPD investigators and the Kings County District Attorney’s Office prosecutors whose hard work resulted in holding these persons accountable for their criminal actions.”

It is alleged that over the course of the investigation, from June 6, 2017 to January 20, 2018, the narcotics ring, which was allegedly led by defendant Jorge Valerio, operated primarily in southern Brooklyn, in Sheepshead Bay, Coney Island and Gerritsen Beach, but extended to Sunset Park, Bay Ridge and Staten Island, selling quantities of cocaine and heroin (which was packaged in distinctive blue and white checkered pattern glassines) ranging from approximately $100 to up to $7,000 at a time. Heroin purchased during the undercover operation included samples that tested positive for the synthetic opioid fentanyl, which is much more potent and deadly than heroin, although it was being sold as heroin.

Furthermore, according to the investigation, the ring operated seven days a week, from morning through evening, taking orders by telephone and delivering narcotics in face to face transactions. It is alleged that the defendants who delivered the narcotics to customers shared a single cell phone that was switched from person to person depending on who was on call. The ring allegedly took in approximately $17,000 a week during the course of the operation.

The defendants, who were arrested this morning, were arraigned this afternoon before Brooklyn Supreme Court Justice William M. Harrington on a 273-count indictment in which they are all charged with second-degree conspiracy, a B felony punishable by up to 25 years in prison. Valerio, the alleged ringleader, is charged with operating as a major trafficker, an A-I felony and is facing up to 30 years in prison. He and the other defendants are variously charged with second-and third-degree criminal sale of a controlled substance; and third-, fourth- and fifth-degree criminal possession of a controlled substance. They were ordered to return to court on March 23, 2018.

The NYPD executed search warrants in connection with the case this morning and estimated they recovered almost $500,000 in cash and approximately 1½ kilos of heroin and ½ kilo of cocaine.

The investigation was conducted by New York City Police Detectives Dudley Ewald and Agapito Solar of Narcotics Borough Brooklyn South, Major Case Unit, under the supervision of Sergeant Khamra Singh, Lieutenant Christopher Ward, Deputy Inspector John Lewis and the overall supervision of Inspector Michael Cody.

NYPD Investigator Paulette Simpson, Lieutenant Matthew Spano and Captain  Matthew Zuss, Commanding Officer of the Kings County District Attorney’s NYPD Squad assisted in the investigation.

The case is being prosecuted by Assistant District Attorneys Gillian DiPietro, Elizabeth Kowell and Joy Kieras, of the District Attorney’s Violent Criminal Enterprises Bureau, under the supervision of Assistant District Attorney Jennifer Cilia, VCE Deputy Chief, and Assistant District Attorney Nicole Chavis, VCE Chief, and the overall supervision of Assistant District Attorney Patricia McNeill, Deputy Chief of the District Attorney’s Investigations Division.

Defendant Addendum:

1. Jorge Valerio, 35, of Coney Island, Brooklyn.
2. Michael Almonte, 37, of Bedford-Stuyvesant, Brooklyn.
3. Ernest Deschamps, 27, of Sunset Park, Brooklyn.
4. Kevin Suriel, 24, of Coney Island, Brooklyn.
5. Gabrielle Fermin, 27, of Staten Island.
6. Baby Amanda Suriel, 23, of Sunset Park, Brooklyn.
7. Joel Raymond Salas, 31, of Midwood, Brooklyn.
8. Mehdi Elyamine, 28, of Coney Island, Brooklyn.
9. Manuela Nunez, 39, of East New York, Brooklyn.
10. Nyrell Nunez, 20, of East New York, Brooklyn.
11. Luis Perez, 33, of Staten Island.

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

 

FOR IMMEDIATE RELEASE
Thursday, January 25, 2018

 

Gang Members Convicted of Manslaughter for Fatally Shooting 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 two teenage gang members have been convicted of first-degree manslaughter and other charges for the 2015 shooting death of sixteen-year-old Armani Hankins and for shooting and injuring an 18-year-old.

District Attorney Gonzalez said, “These defendants escalated a confrontation between two gangs into a deadly incident on a busy Brooklyn street. Gang and gun violence is senselessly ruining the lives of too many young people and those who participate in such lawless behavior will be held responsible for their actions.”

The District Attorney identified the defendants as Malik Peters, 19, of Fort Greene, Brooklyn and Tyshawn Simon-Roberson, 18, of Downtown Brooklyn. Both defendants were convicted of first-degree manslaughter, first-degree attempted assault and second-degree criminal possession of a weapon. Simon-Roberson was convicted on Monday, January 22, 2018 and Peters was convicted today. Brooklyn Supreme Court Justice Vincent DelGiudice presided over the trial, which included separate juries for each of the defendants. Simon-Roberson faces up to 40 years in prison and Peters faces up to 55 years in prison when they are sentenced 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, hitting 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 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. 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.

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