Year: 2018

FOR IMMEDIATE RELEASE
Wednesday, October 10, 2018

 

Seventeen Defendants Named in Multiple Indictments
For Operating Heroin and Cocaine Trafficking Ring;
Defendants include Inmate Serving Time in Federal Prison in Oklahoma

Alleged Distribution and Sales in Brooklyn, Queens, Manhattan and the Bronx

Brooklyn District Attorney Eric Gonzalez, along with the New York State Drug Enforcement Task Force, today announced that 17 defendants have been variously charged in six separate indictments with conspiracy, sale and possession of a controlled substance in connection with a narcotics trafficking ring that sold and possessed over $1 million worth of narcotics during the course of the investigation.

District Attorney Gonzalez said, “These defendants allegedly profited off the misery of drug addiction, particularly the growing heroin epidemic that’s taking the lives of too many young people who misuse this deadly and highly-addictive drug. I am committed to prosecuting major suppliers such as the ringleaders in this case to keep them from peddling narcotics in our communities.”

Drug Enforcement Administration Special Agent in Charge James J. Hunt said, “An investigation into a local drug ring uncovered three masterminds of the scheme in Puerto Rico, Pennsylvania and a federal prison, as well as local dealers in New York City.  Through collaborative work, law enforcement’s efforts led to today’s arrests and the dismantlement of a drug distribution organization responsible for fueling drug addiction in our city.”

The District Attorney said that the investigation was conducted using electronic, video and physical surveillance, and that the indictment charges that between July 2017 and April 2018, the defendants conspired to possess and sell heroin and cocaine in Brooklyn, Queens, the Bronx and Manhattan. It is alleged that Ezequiel Reyes, who was based in Pennsylvania, was the boss of the narcotics ring, and a wholesale distributer who supplied many of the other defendants named in the indictment with heroin and cocaine to be resold on the streets of Brooklyn, Queens, Manhattan and the Bronx.

Furthermore, it is alleged that Reyes depended on several individuals across the country to supply him with narcotics for distribution, including Noe Lopez, a federal inmate incarcerated at the Great Plains Correctional Institution in Hinton, Oklahoma, and an individual residing in Puerto Rico.

It is alleged that Lopez, who pleaded guilty to conspiracy to possess with intent to distribute a quantity in excess of 1000 kilograms of marijuana and five kilograms of cocaine and laundering of monetary instruments in 2005 in the United States District Court for the Southern District of Texas and was sentenced to 240 months in prison and forfeited $15 million, used a contraband cell phone to arrange large-scale sales of narcotics to Reyes. It is alleged that another individual also arranged for shipments of narcotics to Reyes, from Puerto Rico.

Of the 17 defendants, 15 were arrested yesterday and today. Most of the defendants were arraigned today before Brooklyn Supreme Court Justice Danny Chun. Twelve of the defendants are charged with second-degree conspiracy, which is a B felony punishable by up to 25 years in prison. The defendants are variously charged with operating as a major trafficker, second-degree money laundering, first-, second- and third-degree criminal sale of a controlled substance; second- and third-degree criminal possession of a controlled substance and second- and third-degree criminal possession of a weapon and related charges.

More than seven kilograms of cocaine and four kilograms of heroin were recovered during the investigation, along with more than 1,800 glassine envelopes of heroin and seven firearms.

The case was investigated by Detective Investigators assigned to the District Attorney’s Investigations Bureau and the DEA’s New York Drug Enforcement Task Force (NYDETF), Group T-13, comprising agents and officers of the DEA, NYPD and NYSP.

The District Attorney thanked the following for their assistance: the United States Drug Enforcement Administration NYDETF,  Harrisburg, PA, Group; Postal Inspector David Heinke of United States Postal Inspection Service, Southeastern Pennsylvania; the Intelligence Division of the New York City Police Department; the United States Marshal Task Force in Pennsylvania, Florida, and Puerto Rico; Detective Michael Vance and other members of the Lancaster County, PA, Drug Task Force; and members of the York County, PA, District Attorney’s Office, York County Sheriff’s Department, York City Police Department, and Northern York Regional Police Department.

The case is being prosecuted by Assistant District Attorney Nicholas Scott, Deputy Bureau Chief of the District Attorney’s Violent Criminal Enterprise Bureau, Senior Assistant District Attorney Matthew Bennett and Assistant District Attorney Nicholas Kyriacou, also of VCE, under the supervision of Assistant District Attorney Alfred C. Deingeniis, First Deputy Bureau Chief and Assistant District Attorney Nicole Chavis, Bureau Chief, and the overall supervision of Assistant District Attorney Patricia McNeill, Deputy Chief of the District Attorney’s Investigations Division.

DEFENDANT ADDENDUM: 

1. Ezequiel Reyes, 44, of York, Pennsylvania.
2. Noe Lopez, 59, of Great Plains Correctional Institution, Hinton, Oklahoma.
3. Primitivo Robles, 65, of Brooklyn, New York.
4. Alister Simon, 40, of Brooklyn, New York.
5. Carlson Small, 48, of Brooklyn, New York.
6. Luis Figueroa, 55, of Queens, New York.
7. Julio Figueroa, 49, of Queens, New York.
8. Rafael Davila, 46, of Bronx, New York.
9. Rolando Martinez-Flores, 28, of Mountville, Pennsylvania.
10. Maria Rolon, 57, Brooklyn, New York.
11. Andres Jose Sanchez, 59, Brooklyn, New York.
12. Raul Muniz, 52, of Queens, New York.
13. Luis Ortiz, 36, of Brooklyn, New York.
14. Jose Santiago, 57, of Brooklyn, New York.
15. Ricky Figueroa, 53, of Queens, New York.

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

 

 

FOR IMMEDIATE RELEASE
Wednesday, October 10, 2018

 

Self-Proclaimed Spiritual Leader Indicted for Raping
Two Women After Incapacitating Them

Had Victims Drink Liquid that Caused Them to Pass Out;
Each Woke up While Allegedly Being Raped by the Defendant

Brooklyn District Attorney Eric Gonzalez today announced that a 51-year-old man from East Flatbush, Brooklyn has been indicted on rape and related charges for allegedly incapacitating two women during religious ceremonies on two separate occasions, causing them to lose consciousness and then having intercourse without their consent.

District Attorney Gonzalez said, “We allege that this defendant is a sexual predator who used his religious stature to lure women, then drugged and raped them. We will now seek to hold him accountable for these despicable alleged acts, and I encourage anyone else who may have been victimized by him to call the DA’s Action Center at 718-250-2340.”

The District Attorney identified the defendant as Nigel Kennedy, 51, of East Flatbush, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice William Miller on a 13-count indictment in which he is charged with first- and third-degree rape, first- and second-degree sexual abuse and other related charges. He was ordered held on $35,000 bail and to return to court on December 11, 2018. The defendant faces up to 25 years in prison if convicted of the top count.

The District Attorney said that, according to the investigation, the defendant used to own a religious goods store and holds himself out as a religious and spiritual leader. He allegedly met the victims in this case at the store.

On August 30, 2016, at about 10 p.m., a 42-year-old woman accompanied the defendant to an apartment on East 52nd Street in East Flatbush for the purpose of a church ceremony. The defendant allegedly started chanting and poured a clear liquid that tasted like alcohol into the victim’s mouth. The victim lost consciousness and, when she came to, felt a person on top of her but was unable to move. She lost consciousness again and woke up at 5 a.m. the next day, naked on a bed, the evidence shows. The defendant allegedly told her he didn’t know how she got naked and the victim left, suffering from nausea, vomiting and dizziness throughout the day.

On May 16, 2018, at about 10:30 a.m., a 28-year-old woman went to the defendant’s home on East 32nd Street in East Flatbush for a spiritual reading. The defendant allegedly blew smoke in her face and poured a substance that tasted like alcohol into her mouth. The victim threw up and became dizzy as the defendant poured more liquid into her mouth, according to the evidence. She eventually lost consciousness and, when she woke up, her pants were off and the defendant was having intercourse with her. She tried to push him off but could not. The victim told him to stop but the defendant allegedly refused, telling her, “Relax, it’s part of the ritual.” When he got off of her, the victim left.

Both victims went to the hospital after they were raped, and sexual assault evidence collection kits were conducted. The same male DNA was recovered from both victims. The second victim identified the defendant and he was arrested on September 7, 2018 after arriving at JFK Airport from Trinidad.

The defendant’s DNA came back as a match to the DNA recovered from each of the victims.

The case is being prosecuted by Senior Assistant District Attorney Gwen Barnes, of the District Attorney’s Special Victim’s Bureau, under the supervision of Assistant District Attorney Miss Gregory, Bureau Chief.

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

FOR IMMEDIATE RELEASE
Tuesday, October 9, 2018

 

Bedford-Stuyvesant Man Indicted for 2005 Cold Case
Murder of His Girlfriend

Defendant Allegedly Shot Victim Once in the Head;
Charges Filed Following Comprehensive Reinvestigation

Brooklyn District Attorney Eric Gonzalez today announced that, following a lengthy and thorough reinvestigation of the 2005 shooting death of 22-year-old Desiree Cofield, her former boyfriend has been indicted on second-degree murder charges.

District Attorney Gonzalez said, “The victim in this case was a young mother of two little girls who was allegedly taken from them by this defendant. I’m pleased to announce today that following a thorough reinvestigation by the NYPD and my Cold Case Unit we are a step closer to obtaining justice for Desiree, as well as her family and friends.”

The District Attorney identified the defendant as Julius Esquilin, 36, of Bedford-Stuyvesant, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on charges of second-degree murder, second-degree criminal possession of a weapon and endangering the welfare of a child. He was ordered held without bail and to return to court on December 12, 2018. The defendant faces a maximum sentence of 25 years to life in prison if convicted.

The District Attorney said that, according to the investigation, on February 19, 2005, at about 1 a.m., the defendant and his girlfriend, Desiree Cofield, 22, had a dispute outside 642 Greene Avenue in Bedford-Stuyvesant, which continued inside their apartment on the top floor of that building. A neighbor heard an argument, followed by a single gunshot and observed a blue light flash. The neighbor then heard the deceased’s daughter saying “mommy, mommy,” according to the investigation.

A neighbor called 911 after the defendant banged on the door yelling, “I know you heard that; call the police.” The defendant also called 911 and, when police and EMTs arrived, was acting aggressively. The defendant was screaming, broke picture frames and jumped on the victim’s body, the evidence shows. The police discovered the victim on a couch with a single gunshot wound to the head. Her 3-year-old daughter and 4-year-old nephew were awake in the bedroom (the victim and the defendant had a 2-month-old daughter together, who was not present when police arrived). The police recovered a .380 caliber shell casing, a matching live round and a note signed by the defendant, that said, “Even if I am gone I still love all of my daughters and my big mouth baby mother, Julius.” No gun was recovered.

According to neighbors, the victim’s relatives and prior police reports, the defendant had a history of abusing the victim.

The case was investigated by Detective William Simon of the NYPD’s Cold Case Squad, under the supervision of Lieutenant Dennis Klein.

The case is being prosecuted by Senior Assistant District Attorney Samantha Magnani, of the District Attorney’s Investigations Division, under the supervision of Assistant District Attorney Rachel Singer, Chief of the District Attorney’s Forensic Science and Cold Case Unit.

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

 

FOR IMMEDIATE RELEASE
Thursday, October 4, 2018

 

Brownsville Man Indicted for Assaulting Two MTA Bus Drivers

Sprayed Noxious Material in Separate Incidents During the Same Day,
Injuring Bus Drivers and Their Passengers

Brooklyn District Attorney Eric Gonzalez today announced that a 46-year-old Brooklyn man has been indicted for assault, reckless endangerment and related charges for discharging pepper spray inside two MTA buses during two incidents about 12 hours apart.

District Attorney Gonzalez said, “Transit workers provide invaluable services to our city and I am fully committed to protecting them. The defendant in this case allegedly used pepper spray to senselessly attack two bus drivers, putting them and their passengers at risk. He now faces felony charges because of the seriousness of his actions.”

The District Attorney identified the defendant as Andre Chandler, 46, of Brownsville, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Martin Murphy on a 14-count indictment charging him with second- and third-degree assault, second-degree reckless endangerment and fourth-degree criminal possession of a weapon. Bail was set at $30,000 and the defendant was ordered to return to court on November 26, 2018. He faces up to seven years in prison if convicted of the top count.

The District Attorney said that, according to the investigation, on August 23, 2018, at approximately 4 a.m., the defendant boarded a B15 bus without paying the fare. The bus operator allowed him to remain on the bus and the defendant requested a stop near the corner of Rockaway and Hageman Aves. in Brownsville. The driver observed construction in the way and advised the defendant that he would have to pull up a little further. The defendant then allegedly pulled out a canister and sprayed the partition with a noxious substance, causing the driver to choke and suffer burning to his eyes. A passenger who attempted to board the bus also started choking and tearing. The defendant fled. The driver was treated at Brookdale Hospital.

Later that day, at about 4:30 p.m., the defendant allegedly boarded another B15 bus. At the corner of East 98th Street and Blake Avenue in Brownsville, the evidence shows, he allegedly pulled out a pepper spray canister and started macing the bus, causing passengers to exit as they coughed and teared. The defendant fled, and the driver pursued him while calling 911. The driver observed the defendant throw the canister in a garbage can before returning to tend to the passengers. A responding officer later found a can of Counter Assault Bear Deterrent, a type of pepper spray, in the garbage can. The driver and two passengers were treated at area hospitals.

Surveillance footage from the bus was published in the media and police received information about the defendant’s identity. Both drivers subsequently identified the defendant in a double-blind photo array. He was arrested on August 31, 2018.

The case is being prosecuted by Assistant District Attorneys Nicholas Ford and Lauren Moore, of the District Attorney’s Orange Zone Trial Bureau, under the supervision of Assistant District Attorney Janet Gleeson, Bureau Chief.

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

FOR IMMEDIATE RELEASE
Wednesday, October 3, 2018

 

Multiple Defendants Indicted for Allegedly Concealing Asbestos and
Filing False Documents in Connection with Renovation
Of Four Properties in Greenwood Section of Brooklyn

Defendants Allegedly Sought to Maximize Profits on Renovated Residential Properties

Brooklyn District Attorney Eric Gonzalez, together with New York City Department of Investigation Commissioner Mark G. Peters, today announced that five people and two businesses have been indicted in connection with the illegal renovation of four properties in Brooklyn. They allegedly conspired to bypass safety protocols, including asbestos abatement, using forged documents and falsifying business records to maximize profits.

District Attorney Gonzalez said, “These defendants are accused of greedily taking dangerous shortcuts – bypassing safety measures that are put in place to protect the public from serious and unnecessary health risks – to maximize profits at any cost, including the well-being of employees and prospective tenants. This recklessness will not be tolerated in Brooklyn. We will now seek to hold these defendants accountable.”

Commissioner Peters said, “Over the past four years, DOI and its partners, including the Brooklyn District Attorney, have repeatedly exposed the dangers of property owners and contractors who hide the presence of asbestos at construction sites through false filings and the impact it can have on unsuspecting workers who labor under those conditions. The facts behind today’s arrests add another chapter to that disturbing narrative: Defendants told workers to continue demolishing a site despite the presence of asbestos, misled them, and falsified documents to the City to cover up the illegal work, according to the charges. DOI will continue to pursue arrests for any individuals who endanger workers and submit fraudulent paperwork to the City.”

The District Attorney identified the defendants as Carmine Casale, 45, of Brooklyn; Edmund Farkouh, 55, of Queens; Richard Juliano, 43, of Brooklyn; Scott Schnall, 50, of Brooklyn; Shirley Swift, 55, of Brooklyn; 5th Avenue 816, L.L.C.; and Scott Schnall, P.E. They were arraigned today on a 61-count indictment in which they are variously charged with fifth-degree conspiracy, first-degree offering a false instrument for filing, first-degree falsifying business records, second-degree forgery, second-degree criminal possession of a forged instrument, second-degree reckless endangerment, and willful failure to contribute. Brooklyn Supreme Court Justice Danny Chun set bail at $20,000 cash for Juliano and Casale; $10,000 cash for Schnall and Farkouh; and released Swift without bail. The defendants were ordered to return to court on November 28, 2018.

The District Attorney said that, according to the indictment, between June 24, 2015 and October 18, 2016, the defendants allegedly conspired to maximize the profits on the sale of renovated residential properties at 816 and 816A Fifth Avenue and 817 and 817A Fifth Avenue, in the Greenwood section of Brooklyn.

It is alleged that the defendants conspired to avoid the high costs associated with legally required asbestos abatement prior to the issuance of building permits by concealing the existence of asbestos at the properties. Furthermore, it is alleged, as part of the conspiracy the defendants created and filed false documents with the New York City Department of Environmental Protection and the New York City Department of Buildings in support of the applications for building permits authorizing demolition and renovation of the Fifth Avenue properties, including the filing of asbestos assessment reports containing false entries regarding the inspection for the presence of asbestos; forging the signature and registration number of a DOB licensed general contractor on work permit applications; certifying and filing forged applications with the DOB in order to obtain final DOB approval to begin renovations at the properties.

The case was investigated by the Detective Investigators with District Attorney’s Investigations Bureau, with the assistance of DOI Investigative Attorney Marc Assa and Deputy Inspector General Michael Antolini, under the supervision of Associate Commissioner Jay Flaherty, Deputy Commissioner/Chief of Investigations Susan Lambiase and First Deputy Commissioner Lesley Brovner.

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

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

FOR IMMEDIATE RELEASE
Tuesday, October 2, 2018

 

Brooklyn Man Sentenced to 7 Years in Prison for
Robbing and Slashing Subway Passenger

Defendant Slashed and Robbed Victim
Minutes After Attempting to Rob Another Passenger

Brooklyn District Attorney Eric Gonzalez today announced that a 26-year-old Brooklyn man was sentenced to seven years in prison for slashing a woman in the face before stealing her cellphone on a Manhattan-bound C train. The incident happened 25 minutes after the defendant attempted to rob another passenger.

District Attorney Gonzalez said, “All New Yorkers depend on the subways to get to work, school, home and other places. They must be able to ride the trains safely without fear of being robbed or attacked. Today’s sentencing ensures that this defendant is held accountable for his actions and will not be able to harm anyone else in our community.”

The District Attorney identified the defendant as Christopher Lange, 26, of Flatlands, Brooklyn. He was sentenced yesterday by Brooklyn Supreme Court Justice William Miller to seven years in prison and five years’ post-release supervision following his guilty plea to first-degree robbery earlier this month.

The District Attorney said that, according to the investigation, on April 12, 2017, at approximately 5:20 p.m., the defendant tried to grab a woman’s cellphone while on a C train at the Franklin Avenue subway station. As he got off the train, he told the victim, “You’re lucky I didn’t cut your little face.”

According to the investigation, the defendant approached another woman on a Manhattan-bound C train at Nostrand Avenue at approximately 5:45p.m. He slashed her face with a sharp object from her ear to her lip. Before fleeing the train, he grabbed the woman’s cellphone. Video surveillance at the train station shows the defendant getting off the train immediately after the slashing.

The defendant was apprehended in New Jersey on April 17, 2017. At the time of his arrest, he was still in possession of the victim’s phone. He was also carrying a razor blade.

According to the evidence, the defendant used the victim’s phone to call his family members. Based on those phone calls, police were able to determine the defendant’s last name. Witnesses at the scene of both incidents identified the defendant.

The case was prosecuted by Assistant District Attorney Chelsea Toder, of the District Attorney’s Trial Bureau Blue Zone, under the supervision of Assistant District Attorney Robert Walsh, Bureau Chief.

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FOR IMMEDIATE RELEASE
Monday, October 1, 2018

 

Four Defendants, Including Former Postal Worker, Indicted for Stealing
Checks from Mail; Many Intended for Impoverished Social Service Clients

Allegedly Rifled Through Mail Bags Searching for Envelopes Containing Checks

Brooklyn District Attorney Eric Gonzalez, together with United States Postal Service, Office of the Inspector General, Northeast Area Field Office, Special Agent in Charge Matthew Modafferi, today announced that four defendants have been charged in connection with a scheme in which they stole U.S. mail, including checks intended for homeless and other impoverished people totaling more than $29,000 over a three-month period.

District Attorney Gonzalez said, “A former postal employee entrusted with the public’s most important and private mail, allegedly violated that trust when she and her co-defendants allegedly pilfered the mail and stole from the most vulnerable among us, including residents of homeless shelters. We will now seek to hold them accountable.”

Special Agent in Charge Modafferi said, “The Special Agents of the U.S. Postal Service of Inspector General are committed to protecting the integrity of the U.S. Mail. When a postal employee abuses their position and the public’s trust, USPS OIG Special Agents will work with their law enforcement partners to ensure all those involved are held responsible for their actions.”

The District Attorney identified the defendants as Vanessa Bandie, 29, of Canarsie; Lauren Johnson, 27, of East New York; Paul Daniels, 30, of East New York; and James Black, 30, of East New York. The defendants are variously charged in a 21-count indictment with third-degree grand larceny, third-degree bribe receiving, fourth-degree grand larceny, first-degree scheme to defraud, second- and third-degree identity theft, second-degree for receiving reward for misconduct, petit larceny, and official misconduct. They were arraigned today before Brooklyn Supreme Court Justice Danny Chun, who ordered Johnson, Daniels and Black to return to court on November 28, 2018. He set Bandie’s next court date to December 5, 2018.

The District Attorney said that, according to the investigation, between October 25, 2016 and December 27, 2016, the defendants allegedly acted together to steal approximately $29,200 in checks ranging from less than $100 to more than $1,000 from 66 people, including checks totaling $3,700 from eight people who were residents of a housing facility run by the Bowery Residents’ Committee, a not-for-profit that provides services to homeless New Yorkers.

It is alleged that, according to the investigation, Vanessa Bandie, a letter carrier, was approached on her route in East New York by defendant James Black, who asked her to identify envelopes that looked like they might contain checks and, along with Lauren Johnson, bring them to a Pay-O-Matic check-cashing location where another defendant, Paul Daniels, would cash them. Bandie allegedly agreed in return for a portion of the proceeds. According to the investigation, Bandie and Johnson looked for envelopes from the New York City Human Resources Administration and other social service agencies, for the specific purpose of taking and cashing any checks they contained.

It is alleged that the defendants brought the checks to the Pay-O-Matic at 2488 Linden Boulevard, where employee Paul Daniels allegedly cashed the checks illegally for a portion of the proceeds. The scheme was discovered by a Pay-O-Matic security director who uncovered irregularities in Daniels work and reported it to inspectors for the U.S. Postal Service.

The case was investigated by New York City Police Detectives Shirley Chambers and Adrianne Jones, of the NYPD’s Kings County District Attorney’s Squad, along with Special Agents Jacabed Ventura and Ana Bourdon, of the U.S. Postal Service, Office of the Inspector General.

The case is being prosecuted by Assistant District Attorney Elizabeth Kurtz, of the District Attorney’s Frauds Bureau and Special Assistant District Attorney Renee Hassel, of the District Attorney’s Public Integrity Unit, under the supervision of Assistant District Attorney Michel Spanakos, Public Integrity 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 District Attorney for Crime Strategies and Investigations.

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

 

FOR IMMEDIATE RELEASE
Wednesday, September 26, 2018

 

Brooklyn Man Arraigned on Indictment Charging Him With
Assault and Menacing as Hate Crimes Related to Three Incidents

Defendant Allegedly Targeted His Victims Because of Their Race on Three Consecutive Days

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man was arraigned on a 13-count indictment in which he is charged with assault as a hate crime, menacing as a hate crime and aggravated harassment in connection with three separate incidents in which he allegedly yelled anti-white sentiments and physically assaulted two of his victims.  

District Attorney Gonzalez said, “This defendant allegedly terrorized three people during a hate-filled crime spree simply because of the color of their skin. In Brooklyn, everyone regardless of their race, ethnicity, sexual orientation, gender or religion must be able to safely navigate the streets without fear of being senselessly and violently attacked.”   

The District Attorney identified the defendant as Kevin Raphael, 39, of East New York, Brooklyn. He was arraigned today on a 13-count indictment in which he is charged with third-degree assault as a hate crime, third-degree menacing as a hate crime, aggravated harassment, and related charges before Brooklyn Supreme Court Justice Danny Chun. The defendant was ordered held on bail of $50,000 cash or $25,000 bond and to return to court on October 24, 2018.  

The District Attorney said that, according to the investigation, the defendant allegedly assaulted or menaced three white males in the following incidents: 

• On Sunday, July 29, 2018, at approximately 1 p.m., near Empire Boulevard and Rogers Avenue, the defendant allegedly approached a 30-year-old man who was walking with his pregnant wife and stated: “What are you looking at? What are you looking for? I kill white (expletive) like you, while motioning to his waistband, leading the victim to believe the defendant had a weapon. The defendant then motioned to his backpack and stated: “I will kill every white (expletive) around here.” 

• On Monday, July 30, 2018, at approximately 9:55 a.m., on the B25 bus near Fulton and Bond Streets, the defendant allegedly approached a 29-year-old law student who was sitting on the bus, punched him in the face and stated: “I hate all you white (expletive). You’re a (expletive). Defendant then exited the bus at the next stop. The victim suffered redness and bruising to his face and eye. 

• On Tuesday, July 31, 2018, at approximately 6:30 p.m., on the B41 bus at Flatbush Avenue and Kings Highway, the defendant allegedly approached a 59-year-old doctor who was seated on the bus and repeatedly struck him about the head while making anti-white comments including: “You white (expletive) think you got it like that. You white (expletive).” The victim suffered bruising and redness to his face and eye, as well as a concussion. 

The case was investigated by New York City Police Detective Oscar Fernandez of the Hate Crimes Task Force, under the supervision of Sergeant Charles Senat. 

The case is being prosecuted by Senior Assistant District Attorney Adriana Rodriguez, of the District Attorney’s Civil Rights Bureau and Hate Crimes Unit, and Assistant District Attorney Paul Gentile of the District Attorney’s Red Zone Trial Bureau, under the supervision of Assistant District Attorney Kelli Muse, Deputy Chief of the Civil Rights Bureau, and under the overall supervision of Assistant District Attorney Joseph P. Alexis, Chief of the Trial Division. 

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An indictment is merely an accusation and not proof of a defendant’s guilt

 

FOR IMMEDIATE RELEASE
Tuesday, September 25, 2018

 

Brooklyn Man Sentenced to 20 Years in Prison for
Fatally Stabbing His Ex-Wife’s Girlfriend

Defendant kicked and punched victim before stabbing her in the heart and face

Brooklyn District Attorney Eric Gonzalez today announced that a 37-year-old Brooklyn man has been sentenced to 20 years in prison for stabbing his ex-wife’s girlfriend to death after finding her asleep in his ex-wife’s bed. According to the investigation, the stabbing happened in front of the defendant’s four children.

District Attorney Gonzalez said, “This defendant attacked and stabbed to death an innocent and helpless young woman who had her whole life ahead of her. He also left his children to live with the traumatic memory of his actions. I hope that the victim’s family finds some small solace with his conviction and today’s lengthy prison term.”

The District Attorney identified the defendant as Alwasi Tyson, 37, of Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Laura Johnson to 20 years in prison and five years’ post-release supervision. The defendant pleaded guilty earlier this month to first-degree manslaughter.

The District Attorney said that, according to the investigation, on May 14, 2016, at approximately 5:30 a.m., the defendant drunkenly forced his way into his ex-wife’s apartment, located on Clarkson Avenue in Prospect Lefferts Gardens. After pushing his way past his ex-wife at the front door he forced his way into her bedroom, where he found the victim, Toni Cox, 22, sleeping. He then pulled the victim out of the bed, kicked and punched her repeatedly, then stabbed her in the heart and face, causing her death.

The case was prosecuted by Senior Assistant District Attorney Andy Palacio, 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, September 19, 2018

 

Brooklyn District Attorney to Host Begin Again Event to Clear Summons Warrants and Erase Low-Level Marijuana Convictions and Warrants

At Lenox Road Baptist Church in East Flatbush on Friday and Saturday, September 21-22

Brooklyn District Attorney Eric Gonzalez today announced that his Office, in partnership with the Office of Court Administration, The Legal Aid Society and Brooklyn Defender Services, will host its sixth Begin Again event this coming Friday and Saturday, September 21-22 between 9 a.m. and 3 p.m. at Lenox Hill Baptist Church, 1356 Nostrand Avenue, Brooklyn. Individuals with outstanding summons warrants who show up for the event will have their warrants vacated and summonses dismissed, and, for the first time, those who were convicted for a low-level marijuana possession offense will be given free legal representation and an opportunity to file a motion to erase that past conviction. 

District Attorney Gonzalez said, “Outstanding summons warrants and low-level marijuana convictions hold people back in a myriad of ways and do little to enhance public safety. By giving folks the opportunity to erase these convictions and warrants from their record, we allow them to move on with their lives while fostering community trust in the criminal justice system. I encourage anyone who may be eligible for relief to come down to Lenox Road Baptist Church to take advantage of this life-changing opportunity.” 

During Begin Again, the following individuals are eligible for relief:

• Those who have been convicted of low-level marijuana possession (P.L. 220.05, PL 221.10 or PL 221.15) can file a motion requesting that the conviction be vacated. The DA’s Office will consent to the vast majority of motions (with the exceptions of individuals with other convictions for certain violent felonies and sex offenses). Those who fill the motion can waive their court appearance and a judge will rule on their motion without them having to be present.
• Those who have a warrant for a misdemeanor marijuana possession case can apply to vacate that warrant.
• Those who have a summons warrant for any infraction will have their warrants vacated and the underlying summons dismissed. These arrest warrants are generated when an individual fails to respond to a summons for a minor infraction like walking a dog without a leash or being in a park after dark. Besides the threat of a mandatory arrest, these warrants can impede access to services like housing and education and, in today’s immigration enforcement environment by the federal government, an open warrant can be particularly risky to undocumented immigrants.   

In addition, District Attorney Gonzalez will move to vacate, en masse, approximately 3,000 outstanding summons warrants that were generated in connection with a low-level marijuana violation (PL 221.05) in an effort to clear the deck in Brooklyn after the City changed its enforcement policies earlier this month. Individuals who have these warrants do not need to attend the event.   

Since its launch in June 2015, Begin Again has been held five times. Over 3,000 New Yorkers attended those previous events and over 2,100 warrants were cleared. Everyone who showed up received help and no one was arrested. Following the initiative’s success in Brooklyn, similar events have been held in other boroughs. 

Individuals who appear for Begin Again will first consult with on-site attorneys to make sure only eligible summons warrants are heard. Participants will then enter a makeshift courtroom, where a judge will be on hand to address the outstanding summons and bench warrants. Those with past marijuana convictions will receive legal consultations and assistance in filling out a motion requesting that their conviction be vacated. A judge will decide on the motion, following the DA’s Office consent, on a later date. 

            The initiative corresponds with the District Attorney’s commitment to keeping Brooklyn safe and strengthening community trust in the criminal justice system by ensuring fairness and equal justice for all.  

            More information about the event is available at www.brooklynda.org/begin-again/ 

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