Press Releases

November 4, 1999....Kings County District Attorney Charles J. Hynes announced the sentencing of an Administration for Children's Services supervisor for the sodomy of his adopted son.

George Alex Allen, 52, of 235 Bainbridge Street, Bedford-Stuyvesant, entered a plea of guilty, on September 10, 1999, in Supreme Court, Kings County, to the charge, Sodomy in the Third Degree, a class D felony punishable by a maximum prison term of four years.

Allen was sentenced on October 28, 1999 to serve a prison term of one to three years.

"The defendant in this case is a sexual predator who violated innocent children," District Attorney Hynes said. "The defendant's actions reflect on him alone and not the hundreds of ACS employees who serve and protect our city's children."

The incident occurred in the defendant's home on 235 Bainbridge Street, Bedford-Stuyvesant.

The case was prosecuted by Assistant District Attorney Debra Kellman, sex Crimes and Special Victims Bureau.

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November 18, 1999....Kings County District Attorney Charles J. Hynes announced today the sentencing of two former New York City Police Officers for an off-duty incident outside a Crown Heights restaurant in December 1997.

The victim, Reginald Bannerman, 36, later died when he was struck by a train in a nearby subway station.

The defendants Lloyd Barnaby, 39, and Mark Cooper, 29, were convicted on October 1, 1999 in Supreme Court, Kings County.

"The defendants in this case betrayed their oath," District Attorney Hynes said. "This sentence provides appropriate punishment for such public safety threats."

Barnaby was convicted of the following charges: Assault in the Third Degree; Reckless Endangerment in the Second Degree; Official Misconduct and Criminal Possession of a Weapon in the Fourth Degree.

Cooper was convicted of: Assault in the Third Degree; Reckless Endangerment in the Second Degree; Official Misconduct and Menacing in the Second Degree.

The charges are all Class A misdemeanors punishable by a maximum prison term of one year.

The defendants were convicted by a jury of six men and six women who deliberated three days in Supreme Court, Kings County before returning the guilty verdict.

Barnaby and Cooper were sentenced today by Justice Albert Tomei who presided over the case.

The case was prosecuted by Executive Assistant District Attorney Charles M. Guria, Chief of Corruption Investigations, Rackets Division, Executive Assistant District Attorney Lance O'Giste, Chief, Civil Rights Bureau and Special Assistant District Attorney Matthew Greenberg.

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November 5, 1999. . . Kings County District Attorney Charles J. Hynes announced today the filing of a criminal complaint charging a Brooklyn man with assault and other charges involving the stabbing of a New York City bus driver.

A five-count Criminal Complaint filed in Criminal Court, Kings County names Michael Williams, 34, of 97 Sumers Avenue.

"The charges accuse this defendant of stabbing a bus driver with a knife, putting the lives of the driver, the passengers and passerbys in danger" District Attorney Hynes said. "These charges will be prosecuted swiftly and fairly."

Williams is accused of the following charges: Assault in the Second Degree; Assault in the Third Degree; Criminal Possession of a Weapon in the Fourth Degree; Menacing in the Second Degree and Harassment in the Second Degree.

The most serious charge, Assault in the Second Degree, is a Class D felony punishable by a maximum prison term of seven years for a predicate felon.

The press and public are advised that this criminal complaint is not evidence of guilt. It is the accusatory instrument by which these criminal proceedings are commenced.

The complaint accuses Williams of placing a knife to the neck of Miguel Rodriguez, 61, stating "I'll kill you.

The complaint also accuses Williams of causing a laceration to the hand of Miguel Rodriguez with the knife during a struggle.

The incident occurred on November 4, 1999, inside of a New York City Transit Authority bus traveling at the corner of Smith and Butler Streets, Carroll Gardens.

Williams was arraigned in Criminal Court, Kings County before Judge Alex Calabrese who set bail at $50,000/$25,000 (cash/bond) and set a return date of November 10, 1999.

The case is being prosecuted by First Deputy Bureau Chief Neil Doherty, Special Prosecutions.

A 16-count indictment unsealed yesterday in Supreme Court, Kings County names Pablo Vargas, 32, of 2950 W 24th Street, Coney Island.

"Any crime against a child is a vicious one," District Attorney Hynes said. "This defendant is a sexual predator that deserves to be locked away from all children."

Vargas is accused of the following charges: Rape in the First Degree, Sodomy in the First Degree (four counts); Sexual Abuse in the First Degree (six counts) and Endangering the Welfare of a Child (five counts).

The most serious charges, Rape in the First Degree and Sodomy in the First Degree, are Class B felonies each punishable by a maximum prison term of 25 years.

The press and the public are advised that this indictment is not evidence of guilt. It is an accusatory instrument by which these criminal proceedings are concerned.

The indictment charges that, on August 13, 1999, Vargas, while babysitting his two nephews and his girlfriend’s three girls, left four of the children, ages two, four, five and eight, unattended in a park while he engaged in sexual intercourse with a seven year old upstairs in his apartment.

The indictment also charges that he placed his mouth on her mouth, neck and vagina.

The indictment also charges that Vargas, later that day, placed his mouth on an eight-year-old girl's mouth, neck and vagina and also penetrated her anus with his penis.

Vargas entered a plea of not guilty at his arraignment on the indictment before Justice Betsy Barros who kept bail at $100,000 and set a return date on December 13, 1999.

The case is being prosecuted by Senior Assistant District Attorney Kieran Holohan, Crimes Against Children Bureau.

October 26, 1999....Kings County District Attorney Charles J. Hynes announced today the sentencing of a parolee for rape and other charges involving the sexual abuse of two young children.

"The victims in this case were young and trusting children, District Attorney Hynes said, "This maximum prison term guarentees that the defendant cannot harm another child."

The defendant Julio Smith, 39, 275 Livonia Avenue, was found guilty on June 7, 1999, after a one and one-half week non-jury trial in Supreme Court, Kings County, of the charges: Rape in the First Degree and Sodomy in the First Degree.

Rape in the First Degree and Sodomy in the First Degree areboth Class B felonies punishable by a maximum prison term of 25 years for a second violent felony offender.

Smith was sentenced today by Justice Abraham Gerges to serve a prison term of 50 years.

Justice Gerges found that Smith in December 1997 sodomized his nine-year-old nephew and on February 19, 1998 raped and sodomized his cousin's 10-year-old daughter.

Smith had been on parole for another case in New York County were he was convicted of sexually abusing his girlfriend's 11-year-old daughter.

The case was prosecuted by Deputy Bureau Chief Joanne Grippo, Criminal Court Division, Trial Bureau I.

October 12, 1999....Kings County District Attorney Charles J. Hynes announced today the conviction of a Queens woman for criminally negligent homicide involving the vehicular deaths of three young children.

"This is a sad and tragic case," District Attorney Hynes said. "All the parties involved have reached this agreement in the pursuit of justice."

The defendant, Anne Lamberson, 35, of 145-19 20th Avenue, Whitestone Queens, entered a plea of guilty on Friday October 9, 1999 in Supreme Court, Kings County to the charge: Criminally Negligent Homicide, a Class E felony punishable by a maximum prison term of four years.

Lamberson plead guilty with the understanding that at sentencing she will receive a sentence of five years probation.

Lamberson admitted that on September 30, 1998, she was driving at an excessive rate of speed, she passed a red light and entered an intersection at Bedford Avenue and Kings Highway without exercising caution. As a result of her negligence, the ambulance she was driving struck another car and caused the deaths of Damilola Morak, seven, Olusegun Morak, five and Akintunde Morak, two.

During her plea proceeding Lamberson apologized to the Morak family and expressed her sadness for this awful tragedy.

Lamberson will be sentenced on November 23,1999 by Justice Michael Gary who is presiding over the case.

The case is being prosecuted by Deputy District Attorney Joseph Petrosino and Deputy Bureau Chief Carolyn Kelly.

October 15, 1999....Kings County District Attorney Charles J. Hynes announced today the sentencing of a Brooklyn man for attempted murder and other charges involving the stabbing of a woman.

Jeronimo Gordon, 36, of 345 Prospect Place, Prospect Heights, was found guilty on September 21, 1999 of the following charges: Attempted Murder in the Second Degree; Burglary in the First Degree; Assault in the First Degree and Sexual Abuse in the First Degree.

The most serious charges, Attempted Murder in the Second Degree; Burglary in the First Degree and Assault in the First Degree are Class B felonies punishable by a maximum prison term of 25 years.

Gordon was sentenced to serve the maximum prison term of 25 years to run consecutive with a sentence of one year for the charge Sexual Abuse in the First Degree.

"The victim in this case was violated in her own home," District Attorney Hynes said. "We sought the maximum sentence allowed by law for this crime and we obtained it."

The jury of four men and eight women deliberated one day after a one-week trial in Supreme Court, Kings County before returning the guilty verdict.

The jury found that Gordon on October 23, 1999, broke into an apartment located inside 345 Prospect Place, Prospect Heights, and stole a purse. He then stabbed a 26-year-old woman in the back numerous times with a screwdriver.

The jury also found that he sexually abused the women by touching his hand to her vagina.

The case was prosecuted by Senior Assistant District Attorney Maria Cienava, Sex Crimes Bureau.

November 19, 1999....Kings County District Attorney Charles J. Hynes announced today the convictions of three men and one woman involving the sexual assault of three children, ages eight, 13 and 14.

"The victims in this case are children who were violated sexually in a reign of terror by their relatives," District Attorney Hynes said. "These guilty pleas avoid the necessity of these children reliving the horror ."

The 13 and 14 year old teenagers are the daughters of Theresa Fremgen and Daniel Robacker, who are first cousins.

Ezra Fremgen, 26, of 149 Starr Street, entered a plea of guilty, on November 10, 1999, in Supreme Court, Kings County to the charge of Sodomy in the First Degree, a Class B felony punishable by a maximum prison term of 12 1/2 to 25 years.

In his plea of guilt, Ezra Fremgen admitted that on May 9, 1998, he did sodomize an eight-year-old boy.

Ezra Fremgen entered his guilty plea with the understanding that at sentencing he will receive a prison term of five to 10 years, sign a waiver of appeal, register as a sex offender and a full order of protection will be issued for all three children.

Curtis James, 37, of 232 Linden Street, Bushwick, entered a plea of guilty, on November 10, 1999, in Supreme Court, Kings County, to the charge Rape in the First Degree, a Class B felony punishable by a maximum prison term of 12 1/2 to 25 years.

James admitted that on and between January 1, 1995 and January 31, 1995 he did forcibly have sexual intercourse with a girl under the age of 11.

James entered the guilty plea with the understanding that at sentencing he will receive a prison term of seven to 14 years, register as a sex offender, sign a waiver of appeal and a full order of protection will be issued for all three children.

Daniel Robacker, 42, of 232 Linden Street, entered a plea of guilty on November 12, 1999, in Supreme Court, Kings County, to the charge Course of Sexual Conduct Against a Child in the First Degree, a Class B felony punishable by a maximum prison term of 12 1/2 to 25 years.

Robacker admitted that on and between September 1, 1996 and September 1, 1997, he, on more than two occasions, did orally sodomize of a child under the age of 11.

Robacker entered the guilty plea with the understanding that at sentencing he will receive a prison term of five to 10 years, register as a sex offender, sign a waiver of appeal and a full order of protection will be issued for all three children.

Theresa Fremgen, 37, of 232 Linden Street, entered a plea of guilty, today, in Supreme Court, Kings County to the charge Sexual Abuse in the First Degree, a Class D felony punishable by a maximum prison term of three and one-half to 7 years.

Theresa admitted that on May 9, 1998, she sexually abused a child under the age of 11.

Theresa entered the plea with the understanding that at sentencing she will receive a prison term of one and one-third to three years, register as a sexual offender, sign a waiver of appeal and a full order of protection will be issued for all three children.

A fifth defendant, Vincent Fremgen, 29, of 149 Starr Street, was ordered a 730 exam by Justice Betsy Barros, and has been found unfit to proceed to trial for the near future.

Ezra Fremgen, Curtis James and Daniel Robacker will be sentenced on November 29, 1999 by Justice Barros who is presiding over the case.

The case is being prosecuted by Rosemary Sherman, Deputy Bureau Chief, Crimes Against Children Bureau.

October 20, 1999....Kings County District Attorney Charles J. Hynes announced today the sentencing of a New Jersey man for murder involving the death in Brooklyn 22 years ago of an off-duty police officer.

The victim, Police Officer Ronald Stapleton, 32, was found on December 18, 1977, in the parking lot of the Tradewinds Bar at 2433 Knapp Street in Sheepshead Bay. He had been beaten, mutilated and shot, and he died of his wounds on January 3, 1978.

District Attorney Hynes said, "This was a cold-blooded and brutal crime. This conviction is the result of an unrelenting investigation by New York's finest police detectives, federal agents and prosecutors whose teamwork and dedication are in keeping with the highest traditions of law enforcement."

The defendant Tony Francesehi, also known as Manny Gonzalez, 41, 7 South Dakota Avenue, Jackson, N.J., was found guilty on September 30, 1999 in Supreme Court, Kings County, of Murder in the Second Degree, a Class A-I felony punishable by a maximum prison term of 25 years to life.

The jury of six men and six women deliberated 19 hours over three days after a two week trial before returning their verdict.

The jury found that Francesehi, while acting in concert with Vincent Cilone, who died of natural causes in 1997, recklessly caused the death of Ronald Stapleton, under circumstances evincing a depraved indiffernce to human life, by striking him in the right eye with a dangerous instrument, causing the loss of that eye, and also firing gunshots into his abdomen.

District Attorney Hynes commended the New York City Police Department's Cold Case Squad, the Brooklyn-Queens Office of the Federal Bureau of Investigation and the United States Attorney's Office, Eastern District.

District Attorney Hynes also commended New Jersey State Police Organized Crime and TEAMS Units for their support in obtaining Francesehi's arrest.

The case was prosecuted by the Deputy District Attorney Kenneth Taub, Bureau Chief, Homicide Bureau and Paul DeMartini, Bureau Chief Trial Division Rackets Bureau, Kings County District Attorney's Office.

September 30, 1999....Kings County District Attorney Charles J. Hynes announced today the conviction of a New Jersey man for murder involving the death in Brooklyn 22 years ago of an off-duty police officer.

The defendant Tony Francesehi, also known as Manny Gonzalez, 41, 7 South Dakota Avenue, Jackson, N.J., was found guilty today in Supreme Court, Kings County, of the charge Murder in the Second Degree, a Class A-I felony punishable by a maximum prison term of 25 years to life.

The jury of six men and six women deliberated 19 hours over three days after a two-week trial before returning their verdict.

The jury found that Francesehi, while acting in concert with Vincent Cilone, who died of natural causes in 1997, recklessly caused the death of Ronald Stapleton, under circumstances evincing a depraved indifference to human life, by striking him in the right eye with a dangerous instrument, causing the loss of that eye, and also firing gunshots into his abdomen.

District Attorney Hynes also commended New Jersey State Police Organized Crime and TEAMS Units for their support in obtaining Francesehi's arrest.

Francesehi will be sentenced on October 20 1999, by Justice Neil Firetog who is presiding over the case.

The case is being prosecuted by the Deputy District Attorney Kenneth Taub, Bureau Chief, Homicide Bureau and Paul DeMartini, Bureau Chief of Trials, Rackets Division, Kings County District Attorney's Office.

November 18, 1999. . . . Kings County District Attorney Charles J. Hynes announced today the filing of an indictment accusing a mother and her son of murder and other charges related to the death of her daughter, Latanisha Carmichael, 20 years ago.

The police discovered the child’s body on November 5, 1999, concealed in a closet in the defendants’ home.

Latanisha Carmichael, born on February 27, 1976, would have been approximately three years old when she was killed in 1979.

“The victim in this case was an innocent child who never had a chance to experience life,” District Attorney Hynes said. “For justice in the memory of Latanisha Carmichael, the defendants, her own mother and brother, will be prosecuted to the fullest extent of the law.”

“We have instituted many reforms and many new casework protocols to safeguard against tragedies such as this one. Twenty years ago, at the time of this case, caseworkers carried 40 or more cases. Caseloads are now down to 10, thanks to new hires and a complete restructuring of child protective services,” Administration for Children’s Services Commissioner Nicholas Scoppetta said. “Caseworkers now must conduct face-to-face interviews with all children-even those not mentioned in a report; they must interview children out of the presence of adults at home; and they make unannounced visits to ensure the safety of children. If a caseworker cannot locate a child, they must contact ACS lawyers within 72 hours. Finally, if the child is reported to be outside of New York City, the caseworker must contact the child welfare agency of that jurisdiction.”

A four-count indictment filed on November 15, 1999 in Supreme Court, Kings County names Madeline Carmichael, 60, and her son, Gregory Carmichael, 37, both from 94 Rockaway Parkway, Brownsville. Gregory Carmichael is presently incarcerated in the Cape Vincent Correctional Facility, where he is serving a sentence of two to four years for Grand Larceny in the Fourth Degree.

The Carmichaels, are each charged with the following crimes: Murder in the Second Degree (two counts): Hindering Prosecution in the First Degree and Tampering with Physical Evidence.

The most serious charge, Murder in the Second Degree, is a Class A-I felony, punishable by a maximum prison term of 25 years to life.

The press and the public are advised that this indictment is not evidence of guilt. It is the accusatory instrument by which these criminal proceedings are commenced.

The indictment charges that, in 1979, Madeline Carmichael and Gregory Carmichael repeatedly struck Latanisha Carmichael, causing her death.

The incident took place in the Carmichael’s residence at that time, 22 East 96^th Street, Brownsville.

The indictment also charges that both defendants then concealed Latanisha’s body inside a trunk, which was later moved by them to the family’s new apartment at 94 Rockaway Parkway.

Latanisha’s murder was reported to the New York Police Department by her surviving siblings in late October. The siblings, Andre and Sabrina Carmichael, were also allegedly victims of years of physical abuse by both defendants.

On November 5, 1999, detectives from the NYPD Cold Case Squad executed a search warrant at 94 Rockaway Parkway and recovered the body of Latanisha Carmichael from a trunk inside a closet in the bedroom. The closet had been bolted shut, and its door concealed.

District Attorney Hynes commended the detectives from the Cold Case Squad on their comprehensive investigation.

“Working from one eyewitness account, these detectives were able to thoroughly reconstruct the short life and brutal death of Latanisha Carmichael despite the passage of twenty years,” said Hynes.“

The Medical Examiner’s Office has identified the skeletal remains recovered from the trunk as being that of a female child of the same race and age as Latanisha. The case has been ruled a homicide.

Gregory Carmichael was arraigned today on the indictment in Supreme Court, Kings County before Justice Betsy Barros who ordered gregory to be remanded and set a return date of December 20, 1999.

Madelyn Carmichael was also arraigned today during a bedside arraignment at Brooklyn Hospital before Justice Barros who ordered her to undergo a 730 exam to determine her mental fitness to stand trial. Justice Barros set a return date of December 20, 1999.

The case is being prosecuted by Barry Schreiber, Deputy District Attorney, Homicide Bureau, Ama Dwimoh, Executive Assistant District Attorney and Assistant District Attorney Francis Urzi, both of the Crimes Against Children Bureau.

November 19, 1999 . . . Kings County District Attorney Charles J. Hynes announced today that he will seek a sentence of life without parole in the prosecution of Dexter Bartley, indicted for First Degree Murder and other charges involving the deaths of three people in a fire in the 79^th precinct.

Bartley, 40, of 149 Pulaski Street, was charged in a 28-count indictment with the intentional murders on May 22, 1999, of Ben Mixson, 47, Frank Pemberton, 43, and Steven Pierce, 43.

"I have concluded, after review and deliberation, that a sentence of life without parole is the appropriate punishment to seek in this case," District Attorney Hynes said.

This case is the 27th First Degree Murder case in which District Attorney Hynes has decided to seek a sentence of life without parole since the capital punishment law took effect on September 1, 1995.

District Attorney Hynes has sought the death penalty in six First Degree Murder cases. One case is currently in the jury selection process. One other case is awaiting trial. In two other cases, the defendants have pled guilty; one was sentenced to life without parole and the other was sentenced to 50 years to life. In a fifth case, the defendant was convicted by a jury of Murder in the first Degree and was sentenced to life without parole without parole following a waiver of his appeal. In a sixth case, the defendant, Darrel Harris, has been sentenced to death pending the outcome of an appeal.

The capital punishment law gives prosecutors 120 days from the arraignment of a defendant on an indictment charging Murder in the First Degree to determine whether to seek a sentence of death, life imprisonment without parole or a lesser penalty of twenty to twenty-five years to life in prison.

Bartley was arraigned on the indictment on July 15, 1999, and the one hundred and twenty day period has been extended to November 24, 1999.

District Attorney Hynes said his decision included the following components: a comprehensive and objective analysis of the available facts and evidence; a thorough review of the aggravating and mitigating factors provided by the District Attorney's Office and defense counsel and an exhaustive review of the defendant's background.

District Attorney Hynes said his decision also followed a review of the case by a committee, which he had established of executives, supervisors and experienced trial attorneys.

"I believe I am required by this statute to assess the appropriateness of the death penalty on a case-by-case basis. Therefore, this procedure will be followed in all cases involving a First Degree Murder charge in order to carry out my obligation to the citizens of Kings County to uphold the law in a fair-minded and responsible way," District Attorney Hynes said.

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December 2, 1999. . . Kings County District Attorney Charles J. Hynes announced today the filing of a criminal complaint accusing a New York City police officer of endangering the welfare of a child.

"This police officer is accused of betraying his oath and the trust of a child," District Attorney Hynes said. "These charges reflect upon him alone and not the thousands of dedicated men and women police officers who serve with pride and honor."

A criminal complaint filed today in Criminal Court, Kings County names Police Officer Vincent Alvarez, 41, a resident of Brooklyn.

Police Officer Alvarez is accused of the following charges: Possessing an Obscene Sexual Performance By a Child (3 counts) and Possessing a Sexual Performance By a Child (3 counts) both Class A misdemeanor punishable by up to one year in jail and/or a $1000 fine.

The press and public are advised that this criminal complaint is not evidence of guilt. It is the accusatory instrument by which these criminal proceedings are commenced.

The criminal complaint charges that Police Officer Alvarez made six telephone calls to the victim, a 14-year-old boy, and that each conversation was directed toward engaging the victim in sexually explicit conversation.

The complaint charges that the telephone calls were made on the following dates: September 6, September 17, September 24, September 25 and September 27, 1997.

The criminal complaint charges that on September 27, 1997, Police Officer Lachman, while having a sexually explicit conversation with the boy, discussed meeting him in person.

The criminal complaint states that the 14-year-old boy was in Kings County when each of the conversations took place.

Alvarez was arraigned in Criminal Court, Kings County today before Judge who set bail of $3500/$3500 and a return date on October 3, 1997. Judge also issued two full orders of protection for the boy and his mother.

The case is being prosecuted by Assistant District Attorney Frank Laudadio, Deputy Bureau Chief, Rackets.

December 21, 1999 . . . . Kings County District Attorney Charles J. Hynes announced today the filing of a criminal complaint accusing a Brooklyn Police Detective in the assault of his thirty-one year old wife.

"The abuse of a woman by any man is atrocious in of itself," District Attorney Hynes said. "The fact that the husband was a police officer makes this crime particularly atrocious."

A Criminal Complaint filed today in Criminal Court, Kings County names Gregg Cherry, 44, a resident of East Flatbush.

Cherry is accused of the following charges: Assault in the Third Degree; Menacing in the Third Degree and Harassment in the Second Degree.

The most serious charge, Assault in the Third Degree, is a Class A misdemeanor punishable by a maximum prison term of one year.

The press and public are advised that this criminal complaint is not evidence of guilt. It is the accusatory instrument by which these criminal proceedings are commenced.

The criminal complaint charges that Cherry, on December 17, 1999 beat his common-law wife during a family dispute.

The victim was taken to Kings County Hospital where it was noticed that she had blunt force trauma to her forehead and a laceration to the right hand.

The criminal complaint alleges that the incident took place at the home the defendant shares with the victim.

Cherry was arraigned in Criminal Court Kings County before Judge Karopkin who released him on his own recognizance and issued a full order of protection for the victim. Justice set a return date of January 10, 2000.

December 6, 1999....Kings County District Attorney Charles J. Hynes announced today the conviction of a 16-year-old high school student for murder.

The defendant, Damian Davis, 17, of 82 Rockaway Parkway, Brownsville was found guilty of Murder in the Second Degree, a Class A-I felony punishable by a maximum prison term of 25 years to life.

"This defendant was a predator," District Attorney Hynes said. "His crime warrants imposition of the maximum penalty."

The jury of three men and nine women deliberated less than three hours after a three-week trial in Supreme Court, Kings County before returning the guilty verdict.

The jury found that Davis fired a .380 caliber handgun, at least two times, into a group of teenagers who were coming home from school, causing the death of Orlando Brathwaite Jr., 16, and injuring Shanley Jack, 16, in the hand.

The incident occurred on March 3, 1999 at the corner of E 92^nd Street and Rutland Road, East Flatbush.

Davis will be sentenced on January 25, 2000, by Justice Alan Marrus who is presiding over the case.

December 17, 1999. . . Kings County District Attorney Charles J. Hynes announced today the filing of a criminal complaint accusing a Manhattan man of making graffiti and other charges involving a painting at the Brooklyn Museum.

A criminal complaint filed today in Criminal Court, Kings County names Dennis Heiner, 72, of 111 East 38th Street, Manhattan.

Heiner is accused of the following charges: Criminal Mischief in the Fourth Degree; Making Graffiti and Possession of Graffiti Instruments, all are class A misdemeanors punishable by a maximum sentence of up to one year in jail and/or a $1000 fine.

The press and public are advised that this criminal complaint is not evidence of guilt. It is the accusatory instrument by which these criminal proceedings are commenced.

The criminal complaint charges that Heiner, on December 16, 1999 at 3:00 p.m., approached a painting at the Brooklyn Museum, 200 Eastern Parkway, and smeared white paint on it causing the painting to sustain discoloration and fading.

The complaint also accuses that Heiner had no permission or authority to touch or smear paint on that painting.

The complaint also accuses that Heiner was seen holding a container of white paint.

Heiner was arraigned in Criminal Court, Kings County today before Judge Lauren Bailey-Shifman who released him on his own recognizance with the condition that he stays away from the museum and set a return date of January 20, 2000.

December 1, 1999....Kings County District Attorney Charles J. Hynes announced today the conviction of a Brooklyn man for possession of narcotics.

"My office maintains a zero tolerance towards any kind of drug," District Attorney Hynes said. "Hopefully the time spent in prison by this young man will give him the opportunity to think of a more productive career."

The defendant, Mason Holtzberg, 24, of 248 Flushing Avenue, Williamsburg, entered a plea of guilty, yesterday, in Supreme Court, Kings County to the charge Criminal Possession of a Controlled Substance in the Third Degree, a Class B felony punishable by a maximum prison term of 12 and one-half to 25 years for a predicate felon.

Holtzberg is also being prosecuted in New Jersey for a similar case involving narcotics.

Holtzberg plead guilty with the understanding that at sentencing he will receive a prison term of four and one-half to nine years.

Holtzberg admitted that on December 28, 1998 he did posses over 3/8 ounce of the hallucinogenic substance MDMA (ecstasy).

Holtzberg was arrested on December 28, 1998. Through a joint investigation between the NYPD and the Kings County District Attorney's Major Narcotics Investigations Bureau, detectives were able to obtain a search warrant which led to the recovery of two pounds of the depressant Diazepam; over 3/8 ounce ofthe hallucinogenic substance MDMA (ecstacy); over 1/4 ounce of the hallucinogenic substance DMT; over 7/8 ounce of concentrated cannabis and $89,173.00.

At second location, a loft apartment that Holtzberg rented, at 10 Grand Avenue, Williamsburg, through a search warrant, detectives recovered over 200 pounds of Marihuana plants and the equipment necessary to nurture these plants.

As a result of the investigation it was determined that Holtzberg was the proprietor of a website that offered glass pipes, commonly used to smoke marihuana, for sale over the Internet. The website was WWW.kissmyglass.com. During the search of the locations many of the pipes, that were offered for sale over the Internet, were recovered.

District Attorney Hynes commends the police officers of the 88th precinct for their hard work and dedication involving this case.

Holtzberg will be sentenced on January 14, 2000 by Justice Neil J. Firetog who is presiding over the case.

December 20, 1999…. District Attorney Charles J. Hynes will attend the renaming of Pacific Street between Troy and Albany Avenues in Brooklyn in the memory of the late Michael Griffith, today at 11:00 AM.

Michael Griffith was the victim of a racially motivated killing on December 20, 1986 in the Howard Beach section of Queens when he was chased by a mob and struck and killed by a car on the Belt Parkway. Mr. Hynes was appointed special prosecutor by then-Governor Mario Cuomo to prosecute the case.

December 20, 1999....Kings County District Attorney Charles J. Hynes announced today the filing of a multi-count indictment charging six men with criminal usury and other charges involving a loan sharking operation out of a meat market.

A 27-count Supreme Court, Kings County indictment names the following defendants: Joseph Ida; 63, 10 Seidman Avenue, Staten Island; Anthony Conigliaro, 61, 293 Dahlgreen Pace, Bay Ridge; Ernest Colelli, 55, 2031 E. 67th Street, Canarsie; Michael Squicciarini, 53, 6916 18th Avenue, Bensonhurst; Jerry Giarraffa, 47, 1483 73rd Street, Dyker Heights, and Fortunato Pizzimenti, 46, 1763 W. 12th Street, Bensonhurst.

Joseph Ida has been identified as a capo in the Genovese crime family. Anthony Conigliaro has been identified as a soldier and the other defendants have been identified as associates in the Genovese crime family.

"This incident is like a bad episode of The Sopranos", District Attorney Hynes said, "but reality is harsher than fiction and the defendants will pay the price for their misdeeds."

District Attorney Hynes commends the Waterfront Commission for their participation in the investigation.

The defendants are accused of various counts of the following charges: Criminal Usury in the First Degree; Attempted Criminal Usury in the First Degree and Conspiracy in the Fourth Degree.

The most serious charge, Criminal Usury in the First Degree, is a class C felony punishable by a maximum prison term of five to 15 years.

The press and public are advised that this indictment is not evidence of guilt. It is the accusatory instrument by which these criminal proceedings are commenced.

The indictment accuses the defendants of 21 incidents on and between January 1, 1997 and June 27, 1999 where they acted in concert with each other in operating a loansharking business.

The indictment also accuses the defendants of attempting to loan money with an interest rate exceeding 25 percent.

The loansharking operation was based out of Bova Meat Market, 8020 13^th Avenue, Dyker Heights.

The defendants were arraigned on the indictment in Supreme Court, Kings County by Justice Michael Gary who is presiding over the case.

December 2, 1999....Kings County District Attorney Charles J. Hynes announced today the filing of indictment accusing two New York City Police Officers of Sodomy and other charges involving an on duty incident with a woman seeking assistance from the police.

The defendants, Thomas Ippolito, 40, and Scott Herold, 33, both residents of Staten Island, were arraigned on an eight-count indictment unsealed today in Supreme Court, Kings County.

Ippolito is a 16 1/2 year vetern of the NYPD assigned to modified duty as of September 1999. Before being placed on modified duty, he was assigned to Brooklyn Central Booking. Herold is a 13 1/2 year vetern of the NYPD assigned to the 68th Precinct. At the time of the incident Ippolito was assigned to the 68th precinct.

Ippolito was indicted on October 21, 1999, in a separate incident, for the sodomy of a 17-year-old girl, on May 12, 1999, while she was in Brooklyn Central Booking in police custody.

The defendants are accused of the following charges: Sodomy in the First Degree; Bribe receiving in the Second Degree; Coercion in the Second Degree; Official Misconduct (three counts); Sexual Misconduct and Sexual Abuse in the Third Degree.

The most serious charge, Sodomy in the First Degree is a Class B felony punishable by a maximum prison term of 12 1/2 to 25 years.

The press and public are advised that this indictment is not evidence of guilt. It is the accusatory instrument by which these criminal proceedings are commenced

The indictment charges that Ippolito and Herold, while acting in concert with each other, did force a 33-year-old woman to orally sodomize Ippolito.

The incident occurred on or between September 1, 1996 and October 1, 1996, after 10:30 p.m. in a park, in the vicinity of Bay 8th Street and 14th Avenue, Dyker Heights.

Both defendants entered a plea of not guilty today at arraignment before Justice Albert Tomei who set bail at $5,000/$5,000 (cash/bond) and set a return date January 31, 2000.

The case is being prosecuted by Senior Assistant District Attorney Kathleen Keating, Sex Crimes and Special Victims Bureau.

December 7, 1999....Kings County District Attorney Charles J. Hynes announced today the conviction of a Brooklyn man of charges involving conspiracy in an attempt to have his ex-girlfriend murdered.

The defendant, Jeremiah Joseph, 34, of 254 Clifton Street, was found guilty of the following charges: Conspiracy in the Second Degree (two counts); Criminal Contempt in the First Degree (eight counts) and Criminal Contempt in the Second Degree (four counts).

"The defendant's target was the mother of his child," District Attorney Hynes said. "She was marked for death but saved by the intervention of a cooperative informant."

The most serious charge, Conspiracy in the Second Degree, is a Class B felony punishable by a maximum prison term of 12 1/2 to 25 years.

The jury of five men and seven women deliberated about 13 hours over two days after a 10 day trial in Supreme Court, Kings County before returning the guilty verdict.

The jury found that Joseph, between October 1998 and December 1998, attempted to hire a fellow inmate to kill her by offering him a Rolex watch, two televisions and one thousand dollars in cash.

The victim, Maxine Goring, 30, was a witness against the defendant in a pending case involving the defendant violating her order of protection by repeatedly writing threatening letters to her.

Joseph will be sentenced on January 13, 1999, by Justice John M. Leventhal who is presiding over the case.

The case is being prosecuted by Unit Chief Arlene Markarian, Domestic Violence Bureau and Assistant District Attorney Christiane Hoffman, Domestic Violence Bureau.

December 20, 1999. . . Kings County District Attorney Charles J. Hynes announced today the sentencing of a former New York City police officer for endangering the welfare of a child.

"This police officer betrayed his oath and the trust of a child," District Attorney Hynes said. "These charges reflect upon him alone and not the thousands of dedicated men and women police officers who serve with pride and honor."

The defendant, Jeffrey Lachman, 43, a resident of Long Island was sentenced today in Criminal Court, Kings County to serve seven weekends in jail and three years probation.

Lachman plead guilty on October 27, 1999 to the charge: Endangering the Welfare of a Child, a Class A misdemeanor punishable by up to one year in jail and/or a $1000 fine.

Lachman was terminated by the New York City Police Department as a result of this incident. At the time of the incident Lachman was a 16-year veteran of the police force and was working in the 84th precinct.

Lachman admitted that he made phone calls to a 14-year-old boy and that each conversation was directed toward engaging the victim in sexually explicit conversation.

The telephone calls were made on the following dates: September 6, September 17, September 24, September 25 and September 27, 1997.

The case was prosecuted by Executive Assistant District Attorney Charles Guria, Rackets Division.

December 1, 1999 . . . . Kings County District Attorney Charles J. Hynes announced today the filing of a criminal complaint accusing a Brooklyn Police Officer in the assault of his six-year-old son.

"The abuse of a child by a parent is atrocious in of itself," District Attorney Hynes said. "The fact that the father was a police officer makes this crime particularly atrocious."

A Criminal Complaint filed today in Criminal Court, Kings County names Marc Owens, 29, a resident of Bedford-Stuyvesant.

Owens is accused of the following charges: Assault in the Second Degree (two counts); Assault in the Third Degree; Menacing in the Second Degree; Criminal Possession of a Weapon in the Fourth Degree; Endangering the Welfare of A Child and Harassment in the Second Degree.

The most serious charge, Assault in the Second Degree, is a Class D felony punishable by a maximum prison term of two to seven years.

The press and public are advised that this criminal complaint is not evidence of guilt. It is the accusatory instrument by which these criminal proceedings are commenced.

The criminal complaint charges that Owens, on or between November 29, 1999 and November 30, 1999, beat his six year old son, Kevonni Owens, with a belt causing abrasions to his face, hands, arms and thighs.

Officials at P.S. 279 noticed abrasions on the child's body and reported it to the Administration for Children's Services. The child was removed from the home and is in ACS custody.

The criminal complaint alleges that the incident took place at the defendant's home.

Owens was arraigned in Criminal Court, Kings County before Judge Alex Calabrese who released him on his own recognizance and issued a full order of protection for the child. Justice Calabrese set a return date of December 15, 1999.

December 15, 1999....Kings County District Attorney Charles J. Hynes announced today the conviction of a NYPD detective for menacing and harassment involving a domestic violence incident with his wife.

The defendant, Armando Pizarro, 48, a resident of Brooklyn was found guilty of the following charges: Menacing in the Third Degree and Harassment in the Second Degree.

Pizarro is a 19-year veteran of the New York City Police Department. At the time of the incident he was working for the Joint Terrorist Task Force of the FBI and NYPD.

The most serious charge, Menacing in the Third Degree is a class B misdemeanor punishable by a maximum sentence of a $500 fine and/or 90 days in jail.

"This detective betrayed his wife, his oath and the people of Kings County," District Attorney Hynes said. "These charges reflect on him alone and not the thousands of men and women who serve in the New York City Police Department with loyalty and dedication."

Judge Esther Morganstern deliberated over two days after a Bench trial in Criminal Court, Kings County before returning the guilty verdict.

The judge found that Pizarro placed his service 9mm semi-automatic to his wife's head and threatened to kill her.

The case is being prosecuted by Assistant District Attorney Lisa Posamentier, Domestic Violence Bureau.

December 1, 1999¼.Kings County District Attorney Charles J. Hynes announced today the filing of criminal charges involving a Brooklyn bakery owner arrested after an undercover operation recovered a package sent to him from Panama, containing a quantity of cocaine base totaling over 1 pound, 8 ounces.

A three-count Criminal Complaint filed on November 27, 1999 in Criminal Court, Kings County names Robert Secrist, 43, of 389 4^th Street, Park Slope.

“The importation of illegal drugs into our county will not be tolerated,” District Attorney Hynes said. “This matter will be fully investigated by a Kings County Grand Jury."

District Attorney Hynes commended the United States Customs; the Postal Inspector’s Office and the New York City Police Department for their joint effort and swift response in thwarting the import of illegal narcotics into Kings County.

Secrist is accused of the following charges: Criminal Possession of a Controlled Substance in the First Degree; Criminal Possession of a Controlled Substance in the Second Degree and Criminal Possession of a Controlled Substance in the Fourth Degree.

The most serious charge, Criminal Possession of a Controlled Substance in the First Degree is a Class A-I felony punishable by a maximum prison term of 25 years to life.

The press and public are advised that this criminal complaint is not evidence of guilt. It is the accusatory instrument by which these criminal proceedings are commenced.

The complaint accuses Secrist of knowingly possessing a quantity of cocaine base weighing over 1 pound, 8 ounces.

This investigation began when United States Customs intercepted a package being shipped from Panama, Central America addressed to the defendant at the bakery he owned and worked at.

U.S. Customs than contacted the Postal Inspector and the New York City Police Department regarding the package that was then delivered by a U.S. postal inspector. The package was delivered to the defendant, who signed for it and accepted it.

As a result of the defendant accepting the package a search warrant was executed on the defendant’s bakery. The defendant was arrested in his office inside of the bakery with the package opened, which contained a briefcase, in which the lining containing over 1 pound, 8 ounces of cocaine base.

This quantity of drugs possessed by the defendant has a street value of over $100,000.

The incident took place on November 26, 1999, inside Erica’s Rugelach Inc., 265 5^th Avenue, Park Slope.

Secrist was arraigned in Criminal Court, Kings County on November 27, 1999 by Justice Neil J. Firetog who set bail at $75,000.

JANUARY 21, 2000 – Kings County District Attorney Charles J. Hynes announced today that he will seek a sentence of life without parole in the prosecution of Lonnie Tillery, indicted for First Degree Murder and other charges involving the shooting death of a man in the 67^th Precinct.

Tillery, 20, of 1630 Willmore Street in Brooklyn, was charged in a 9-count indictment with the intentional murder of Wendell Rosiclair, 26, on April 4, 1999.

“I have concluded, after review and deliberation, that a sentence of life without parole is the appropriate punishment to seek in this case,” District Attorney Hynes said.

This case is the 30^th First Degree Murder case in which District Attorney Hynes has decided to seek a sentence of life without parole since the capital punishment law took effect on September 1, 1995.

District Attorney Hynes has sought the death penalty in six First Degree Murder cases. One case is currently in the jury selection process. One other case is awaiting trial. In two other cases, the defendants pleaded guilty; one was sentenced to life without parole and the other was sentenced to 50 years to life. In a fifth case, the defendant was convicted by a jury of Murder in the First Degree and was sentenced to life without parole following a waiver of his appeal. In a sixth case, the defendant, Darrel Harris, has been sentenced to death pending the outcome of an appeal.

The capital punishment law gives prosecutors 120 days from the arraignment of a defendant on the indictment charging Murder in the First Degree to determine whether to seeks a sentence of death, life imprisonment without parole or a lesser penalty of 20 to 25 years to life in prison.

Tillery was arraigned on the indictment on September 28, 1999, and the 120-day period will expire on January 25, 2000.

District Attorney Hynes said his decision also followed a review of the case by a Committee that he had established of executives, supervisors and experienced trial attorneys.

“I believe I am required by the statute to assess the appropriateness of the death penalty on a case-by-case basis. Therefore, this procedure will be followed in all cases involving a First Degree Murder charge in order to carry out my obligation to the citizens of Kings County to uphold the law in a fair-minded and responsible way,” District Attorney Hynes said.

Tillery is accused of the following charges: Murder in the First Degree (one count); Murder in the Second Degree (2 counts); Robbery in the First Degree (two counts); Robbery in the Second Degree (one count); and Criminal Possession of a Weapon in the Second, Third, and Fourth Degrees (one count each).

The indictment charges that Tillery shot Mr. Rosiclair one time during the forcible taking of jewelry and money from Mr. Rosiclair on East 35^th Street in Flatbush.

Tillery, who was arrested on August 17, 1999 is being held without bail pending trial in Supreme Court, Kings County.

The case is being prosecuted by Senior Assistant District Attorney Michael C. Farkas of the Homicide Bureau.

January 5, 2000....Kings County District Attorney Charles J. Hynes announced today the sentencing of an East New York mother for assaulting on her daughter's 6th grade teacher.

Brenda Smith, 45, of 215 Cozine Avenue, was found guilty of the following charges: Assault in the Third Degree; Menacing in the Third Degree; Harassment in the Second Degree and Endangering the Welfare of a Child (two counts).

The most serious charge, Assault in the Third Degree, is a class A misdemeanor punishable by a maximum jail term and/or $1000 fine.

Smith was sentenced to serve 60 days in prison and three years of intensive supervision probation. She was ordered to attend the Alternatives to Violence Program, while on probation and was further required to pay $250 restitution to the victim.

"The victim in this case was a well respected educator doing her job," District Attorney Hynes said. "We believe that the sentence was fair and consistent with the facts of the case."

The jury of three men and three women deliberated two hours over two days after a two-week trial in Supreme Court, Kings County before returning the guilty verdict.

The jury found that Smith held and punched her daughter's 6th grade teacher, Jamina Clay, 22, in the back after her daughter recieved an unsatisfactory mark on her report card.

The incident occurred on June 28, 1999, the last day of school, at 970 Vermont Street, P.S. 306, East New York.

The case is being prosecuted by Assistant District Attorney Eric Melzer and Senior Assistant District Attorney Josh Hanshaft, School Advocacy Bureau.

January 28, 2000 . . . Kings County District Attorney Charles J. Hynes announced today that he will seek a sentence of life without parole in the prosecution of Joseph Ranieri Jr., indicted for First Degree Murder and other charges involving the bludgeoning and stabbing deaths of his father and another man and the attempted murder of his sister in the 68^th precinct.

Ranieri, 49, of 1274 64^th Street, Brooklyn, was charged in a 13-count indictment with the intentional murder of Joseph Ranieri Sr., 74, and Michael D’Ambrose, 88, on July 3, 1999.

"I have concluded, after review and deliberation, that a sentence of life without parole is the appropriate punishment to seek in this case," District Attorney Hynes said.

This case is the 31st First-Degree Murder case in which District Attorney Hynes has decided to seek a sentence of life without parole since the capital punishment law took effect on September 1, 1995.

District Attorney Hynes has sought the death penalty in six First Degree Murder cases. One case is currently in the jury selection process. One other case is awaiting trial. In two other cases, the defendants have pled guilty; one was sentenced to life without parole and the other was sentenced to 50 years to life. In a fifth case, the defendant was convicted by a jury of Murder in the first Degree and was sentenced to life without parole following a waiver of his appeal. In a sixth case, the defendant, Darrel Harris, has been sentenced to death pending the outcome of an appeal.

Ranieri was arraigned on the indictment on September 13, 1999, and the 120-day period expires on January 31, 2000.

District Attorney Hynes said his decision also followed a review of the case by a Committee which he had established of executives, supervisors and experienced trial attorneys.

Ranieri is accused of the following charges: Murder in the First Degree (two counts); Murder in the Second Degree (four counts); Attempted Murder in the First Degree (two counts); Attempted Murder in the Second; Assault in the First Degree (two counts), and Criminal Possession of a Weapon in the Fourth Degree (two counts).

The indictment charges that Ranieri repeatedly bludgeoned and stabbed Mr. Ranieri, Sr., and Mr. D’Ambrose and attempted to murder Linda Ranieri in a hospital room at Victory Memorial Hospital.

Ranieri, who was arrested on July 3, 1999, is being held without bail pending trial in Supreme Court, Kings County.

The case is being prosecuted by Deputy Bureau Chief Dena Douglas of the Homicide Bureau.

January 20, 2000....Kings County District Attorney Charles J. Hynes announced today the filing of an indictment accusing a Brooklyn man of murder and other charges involving a fatal car accident.

An 20-count Indictment filed today in Supreme Court, Kings County names Jon Paul Lazartes; 20, 2269 Ryder Street, Marine Park.

“A three-year-old baby is now motherless because of the irresponsibility of this young man,” District Attorney Hynes said. “He will have to live with this for the rest of his life.”

Lazartes is accused of the following charges: Murder in the Second Degree (two counts); Manslaughter in the Second Degree (two counts); Assault in the First Degree (four counts); Assault in the Second Degree (four counts); Assault in the Third Degree; Reckless Endangerment in the First Degree; Reckless Endangerment in the Second Degree; Reckless Driving; Speed in Excess of Posted Speed Limit, Unlicensed Operator and Speed Contest and Racing.

The most serious charge, Murder in the Second Degree is a Class A-I felony punishable by a maximum prison term of 25 years to life.

The press and public are advised that this indictment is not evidence of guilt. It is the accusatory instrument by which these criminal proceedings are commenced.

The indictment accuses that Lazartes was traveling in a 1995 beige Mercedes Benz on the Belt Parkway at speeds in excess of 100 miles per hour. Lazartes appeared to have been racing a red Mercedes Benz that was also traveling at speeds in excess of 100 miles. Lazartes' vehicle then collided into the rear of a 1993 Honda Prelude. Lazartes' vehicle pushed the Honda into a gas station where it collided with a 1999 Lincoln.

The indictment accuses that the accident caused the death of two passengers in the Honda, Michael Lebel, 23, and Eyvonne Rodriguez, 20.

The indictment also accuses that the accident caused the driver of the Honda, Michael Mateo, 21, to sustain an epidural hemorrage with fractures to the temporal bone of the skull. Michael Mateo remains unconscious.

The indictment also accuses that the accident caused Louis Montella, 17, to sustain a broken jaw and skeletal facial fractures as well as lacerations, bruises and contusions; Jason Orzillo, 19, to sustain a broken left arm and Michael Guarnaccia, 18, to sustain an injury to his lung and a broken leg. All were passengers in the defendant's vehicle.

The indictment also accuses that the accident caused Kalliopi Zahariadis, 26, sustained multiple blunt traumas including a concussion. Zahariadis was a passenger in the Honda.

The incident occurred on January 16, 2000, at approximately 4:00 a.m. on the eastbound section of the Belt Parkway.

Lazartes will be arraigned on the indictment in two weeks in Supreme Court, Kings County.

The case is being prosecuted by Deputy District Attorney Joseph Petrosino and Unit Chief Maureen McCormick

January 19, 2000....Kings County District Attorney Charles J. Hynes announced today the filing of a criminal complaint charging a Brooklyn man with murder and other charges involving a fatal car accident.

An 18-count Criminal Complaint filed in Criminal Court, Kings County names Jon Paul Lazartes; 20, 2269 Ryder Street, Marine Park.

“A three-year-old baby is now motherless because of the irresponsibility of this young man,” District Attorney Hynes said. “He will have to live with this for the rest of his life.”

The most serious charge, Murder in the Second Degree is a Class A-I felony punishable by a maximum prison term of 25 years to life.

The press and public are advised that this criminal complaint is not evidence of guilt. It is the accusatory instrument by which these criminal proceedings are commenced.

The complaint alleges that Lazartes was traveling in a 1995 beige Mercedes Benz on the Belt Parkway at speeds in excess of 100 miles per hour. Lazartes appeared to have been racing a red Mercedes Benz that was also traveling at speeds in excess of 100 miles. Lazartes' vehicle then collided into the rear of a 1993 Honda Prelude. Lazartes' vehicle pushed the Honda into a gas station where it collided with a 1999 Lincoln.

The complaint alleges that the accident caused the death of two passengers in the Honda, Michael Lebel, 23, and Eyvonne Rodriguez, 20.

The complaint also alleges that the accident caused the driver of the Honda, Michael Mateo, 21, to sustain an epidural hemorrage with fractures to the temporal bone of the skull. Michael Mateo remains unconscious.

The complaint also alleges that the accident caused Louis Montella, 17, to sustain a broken jaw and skeletal facial fractures as well as lacerations, bruises and contusions; Jason Orzillo, 19, to sustain a broken left arm and Michael Guarnaccia, 18, to sustain an injury to his lung and a broken leg. All were passengers in the defendant's vehicle.

The complaint also alleges that the accident caused Kalliopi Zahariadis, 26, sustained multiple blunt traumas including a concussion. Zahariadis was a passenger in the Honda.

The incident occurred on January 16, 2000, at approximately 4:00 a.m. on the eastbound section of the Belt Parkway.

Lazartes was arraigned on January 17, 2000 in Criminal Court, Kings County before Judge Martin Karopkin who set bail of $500,000/$250,000 cash/bond and a January 21, 2000, return date.

The case is being prosecuted by Deputy District Attorney Joseph Petrosino and Unit Chief Maureen McCormick

November 1, 1999…. Brooklyn District Attorney Charles J. Hynes today released the first of the District Attorney’s Homicide Analysis Reports. The report was produced by the Homicide Analysis Committee, made up of senior attorneys from the District Attorney’s Office, professors from the John Jay College of Criminal Justice and was made possible by the cooperation of the NYPD.

“This report and the ones that follow in the months to come, will hopefully give us all a better understanding at what is at work, here in Brooklyn, that is causing the rise in homicides,” the District Attorney said. “With this information, we hopefully will be able to identify trends and take the steps necessary to prevent as many homicides as possible.”

The District Attorney commissioned the report in July, 1999 when it was made clear that the murder rate in Kings County was rising (by almost 22%), from 1998 levels. There have been 241 homicides as of October 31 compared to 197 for last year.

· Almost half of the homicide defendants in Brooklyn have no prior criminal records

· Brooklyn has the highest number (63% or 152 of the 241 murders to date) of gun-related murders. (Compared to 51% to 56% in other boroughs).

· Domestic violence murders in Brooklyn have increased 12% (26 murders as of 10/31/99 compared to 17 last year.)

January 25, 2000…Kings County District Attorney Charles J. Hynes will honor 53 graduates of his Drug Treatment Alternatives to Prison (DTAP) Program on Wednesday, January 26, at 5:30 p.m. in the Ceremonial Courtroom of the Appellate Division, 45 Monroe Place, Brooklyn. This is the eighth such graduating class.

There are 44 men and 9 women in the group graduating. Almost 87 percent of the employable graduates are currently working in jobs that include clerical positions, maintenance workers, bus drivers, counselors, construction, food service and messengers. The majority of the class calls Brooklyn home, but there are graduates from the Bronx, Manhattan, Queens, Westchester County, Staten Island and Long Island.

“Drug treatment is the rational alternative to incarceration,” District Attorney Hynes said. “We give non-violent offenders an opportunity to change their lives of addiction and crime into lives of hope and promise.” In so doing, DTAP reduced recidivism rates of its graduates by half and generated $15 million dollars of economic savings.

These graduates received treatment at twelve residential therapeutic communities, including Daytop Village; Phoenix House, Samaritan Village, Veritas, the Lower Eastside Service Center (Su Casa), WPA, Phase Piggy Back, Odyssey House, Aurora, Promesa, Project Return and Serendipity.

A reception will follow the ceremony. Several of the graduates will address the audience and will be available to tell their stories of recovery. They are Dyana Betances, Edward Pagan, Thomas Martorana and Charles Crayton.

Dyana Betances is 38 year old Manhattan grandmother who had been arrested three times before the charge of Criminal Sale of Controlled Substance, which led to her entry into DTAP. She had been a heroin addict for 22 years. She received treatment at Samaritan Village. Prior to treatment, Ms. Batances was a ninth grade drop-out, received public assistance and had never been gainfully employed before treatment. She now works for a building maintenance company and has been reunited with her mother, two daughters and grandchildren.

Edward Pagan is a 24-year-old former cocaine addict who was arrested six times before his entry into DTAP. This Brooklyn resident began his drug use at 16 years old. After receiving treatment at Phoenix House, he began working as a packer in the food industry. He was recently promoted to a supervisory position.

Thomas Martorana is a 39-year-old Daytop graduate who began to use drugs at 14 years of age. His heroin addiction led to three felony arrests, the most recent for Criminal Sale of a Controlled Substance. This Queens resident is now a machine operator for a bookbinding company.

Charles Crayton is a 60-year-old Brooklyn grandfather who began his heroin and cocaine use at 50 years old, after his wife died of bone cancer. This was his second felony arrest for Criminal Sale of a Controlled Substance He received treatment at Odyssey House Geriatric Program and is now finally able to enjoy his pension, which had been financing his substance abuse treatment.

Today, I directed that the criminal case against Pavel Grinberg for Driving While Intoxicated (DWI) be dismissed. The facts and circumstances of this case, particularly the actions of Police Officers Terrance Orr and Richard Kleinman, who were assigned to Highway Two at the time of this incident, made it clear that the charges against the Mr. Grinberg cannot be proven beyond a reasonable doubt.

On February 21, 1999 at approximately 10:30 P.M., Pavel Grinberg was driving his 1988 Acura on Brighton Beach Avenue, when he was stopped by Highway Police Officers Terrance Orr and Richard Kleinman.

Officers Orr and Kleinman were assigned Intoxicated Task Force (ITF) responsibilities that night. ITF consists of routine patrol with a focus on looking for intoxicated drivers. One of the ITF strategies is to stop cars for any Vehicle and Traffic Law (VTL) violation to enable the officers to assess the condition of the driver.

Officer Orr claims to have observed Mr. Grinberg driving without a seatbelt. No erratic driving was observed. Officer Orr, also, stated that he made observations of alcohol use. He administered an alcosensor test that registered a .10 and arrested Mr. Grinberg for Driving While Intoxicated (DWI). Mr. Grinberg subsequently registered a .11 on the Breathalyzer.

A review of the videotape made that night shows that Mr. Grinberg performed the coordination tests very well, flawlessly completing a one-legged stand for 30 seconds, closely estimating a time lapse, and walking a straight line. He swayed slightly but he did not appear to be intoxicated on the videotape.

While every case has its inconsistencies and problems of proof, the evidence in this case so fraught with errors, misstatements, changed statements and memory failures, it is impossible to prosecute. The testimony of the officers at the hearing coupled with their inability to remember critical details has left us with a legally insufficient case.

As District Attorney, I take all DWI cases very seriously and prosecute them vigorously. Unfortunately this case can not be prosecuted for the following reasons.

Police Officer Orr was arrested in December and alleged to have committing perjury in another DWI. The alleged perjury consisted of stating at a pre-trial hearing that the arrest took place in Brooklyn, when the evidence shows that it occurred in Staten Island. This arrest of Officer Orr has an obvious impact on his overall credibility, even though this officer is entitled to the same presumption of innocence that the law provides to all defendants.

Officer Orr initially said that he observed Mr. Grinberg driving without a seatbelt and that his police vehicle made a U-turn to follow the car. When his car pulled up alongside Mr. Grinberg's vehicle, he checked the seatbelt status again before finally stopping the vehicle. In contrast, his partner, Officer Kleinman, stated that they did not pull up next to the Mr. Grinberg's car, that he never observed Mr. Grinberg without a seatbelt, even though he would have been in closest proximity to make that observation. He also said that P.O. Orr simply told him that he saw the absent seatbelt before the U-turn. In addition, Officer Orr said that he was able to observe the seatbelt because both he and Mr. Grinberg were traveling slowly due to traffic congestion. Officer Kleinman testified at the hearing that there was, "..light traffic conditions. There was no traffic to speak of."

Officer Kleinman steadfastly has maintained that he made no observations of Mr. Grinberg's condition at the scene, other than smelling alcohol. He said that his role was to watch the two passengers as a safety precaution while Officer Orr assessed Grinberg. The officers had previously agreed that Officer Orr would be the "arresting officer" if any arrest were to be made during this tour. Officer Kleinman said that he focused on the passengers because one of the passengers said that he had been convicted for Vehicular Manslaughter. In spite of this safety concern, Officer Kleinman did not obtain the names of the two passengers. In addition, both officers left the Mr. Grinberg's vehicle that contained Mr. Grinberg and the passengers, while they went to their patrol car to check the license and determine whether they should seize Mr. Grinberg's car.

Both officers violated Police Department policies and procedures during this stop and arrest. Officer Kleinman violated police procedure by driving Mr. Grinberg's car, with the potentially dangerous passengers in it, to the 60 precinct for vouchering. At the same time Officer Orr violated procedure by transporting Mr. Grinberg to the precinct alone in his radio car.

It should also be noted that there are direct contradictions between the officers' testimony about where the Mr. Grinberg produced his license and where the sidewalk assessment of him took place.

Officer Orr arrested Mr. Grinberg for DWI, among other charges, and swore out a complaint. At the pre-trial hearing, Officer Orr stated for the first time that in his opinion, Mr. Grinberg was "under the influence" of alcohol at the car stop and not intoxicated as required by law for a DWI charge. Officer Orr went so far as to correct the defense attorney who said, "... you had already just concluded from the observations you've given us that he was intoxicated?" Officer Orr responded, "That he was under the influence of alcohol."

After additional conversations with both officers, they said that they were prepared to say that Mr. Grinberg initially appeared intoxicated. However, reaching a drunken state between the time of the car stop and his testing for alcohol when no additional alcohol is consumed is a metabolic impossibility. Mr. Grinberg does not appear intoxicated as evidenced by the videotape.

A number of minor procedural and paperwork violations are also evident in this case and their cumulative effect bears on this dismissal. For example, Officer Orr listed the time of the stop and the time of arrest as being the same; Officer Orr failed to record the breathalyzer reading on the Police Department's On-Line Booking Sheet form, writing only that there is an alcosensor reading of .10; there are mistakes regarding the year of the vehicle, defendant's address and weight; the 60 Precinct command log indicates the place of arrest as Coney Island Avenue instead of Ocean Parkway.

By far, the most glaring procedural errors in this case involve Officer Orr's apparently inadvertent failure to turn off his police radio during a portion of the Breathalyzer examination that could alter the results by subjecting it to radio frequency interference.

It was also determines that Officer Kleinman had filled out the Operational Checklist for Officer Orr who actually signed it. That checklist is designed to be completed simultaneously with the performance of the Breathalyzer "set-up" procedures. It is a fundamental element in establishing that the Breathalyzer was operating properly and it is a necessary part of the evidentiary foundation to admit the breath test result. Officer Kleinman cannot state that he observed Officer Orr perform the set-up procedures. Nor can he state that Officer Orr called out each of the checklist tasks as he completed them. Officer Kleinman says that he has no recollection of who set up the Breathalyzer machine for this test. Officer Orr also cannot say who set up the Breathalyzer machine. Neither a reconstruction of the chronology of the events that occurred that night nor a painstaking review of the videotape assisted his memory.

After the prosecution had indicated to the Court that we would be forced to dismiss both the common law DWI charge because of Officer Orr's hearing testimony and the DWI per se charge because we could not admit the breath test result, Officer Orr through his PBA attorney informed my Office that he was prepared to testify that, "He knows he did it but he just can't independently

recall it when he closes his eyes and thinks back." That simply is not good enough for trial.

The cumulative effect of all of these errors, misstatements, changed statements and memory failures left us with a case that could not be prosecuted in good faith. Even the charge of Driving While Impaired could not be supported where there was no evidence of erratic driving, no Breathalyzer result, and no evidence of impairment on the videotape. The only person stating that Mr. Grinberg appeared to be impaired at the time of the operation of the vehicle is an officer whose credibility is suspect as a result of his pending perjury charge and whose own partner does not support his account of the events of the car stop or his observations of impairment at the scene. The fact that neither of these officers can remember who set up the Breathalyzer machine further undermines the case.

January 13, 2000 … Kings County District Attorney Charles J. Hynes announced today that he will seek a sentence of life without parole in the prosecution of Pierre Burton, indicted for First Degree Murder and other charges involving the shooting death of a man in the 81^st Precinct.

Burton, 27, of 225 Division Avenue, Brooklyn, was charged in an 8 – count indictment with the intentional murder on June 28, 1999, of David Diaz, 19.

“I have concluded, after review and deliberation, that a sentence of life without parole is the appropriate punishment to seek in this case,” District Attorney Hynes said.

This case is the 29^th First-Degree Murder case in which District Attorney Hynes has decided to seek a sentence of life without parole since the capital punishment law took effect on September 1, 1995.

District Attorney Hynes has sought the death penalty in six First Degree Murder cases. One case in currently in the jury selection process. One other case is awaiting trial. In two other cases, the defendants have pled guilty; one was sentenced to life without parole and the other was sentenced to 50 years to life. In a fifth case, the defendant was convicted by a jury of Murder in the First Degree and was sentenced to life without parole following a waiver of his appeal. In a sixth case, the defendant, Darrel Harris, has been sentenced to death pending the outcome of an appeal.

Burton was arraigned on the indictment on September 30, 1999, and the 120–day period will expire on January 28, 2000.

District Attorney Hynes said his decision included the following components: a comprehensive and objective analysis of the available facts and evidence; a thorough review of the aggravating and mitigating factors and an exhaustive review of the defendant’s background.

District Attorney Hynes said his decision also followed a review of the case by a Committee that he had established of executives, supervisors and experienced trial attorneys.

Burton is accused of the following charges: Murder in the First Degree (one count); Murder in the Second Degree (two counts); Robbery in the First Degree (two counts); Robbery in the Second Degree (one count); Criminal Possession of a Weapon in the Second Degree (one count); and Criminal Possession of a Weapon in the Third Degree (one count).

The indictment charges that Burton shot Mr. Diaz four times during the forcible taking of a chain from Mr. Diaz in the school yard area of P.S. 155, located at 1355 Herkimer Street.

Burton, who was arrested on July 15, 1999, is being held without bail, pending trial in Supreme Court, Kings County.

February 8, 2000 . . . Kings County District Attorney Charles J. Hynes announced today the filing of a criminal complaint accusing a priest of Grand Larceny.

A criminal complaint filed in Criminal Court, Kings County names Chester Larue, 56, of 29 Gelston Avenue, Bay Ridge.

Larue is accused of Grand Larceny in the Second Degree, a Class C felony punishable by a maximum prison sentence of five to 15 years.

The press and public are advised that this criminal complaint is not evidence of guilt. It is the accusatory instrument by which these criminal proceedings are commenced.

The complaint accuses Larue of stealing church funds with an aggregate value in excess of $50,000 by writing unauthorized checks to himself and to pay for personal credit card accounts.

The incident occurred on or between January 1, 1995 and October 31, 1996 at Saint John's Episcopal Church, 9818 Fort Hamilton Parkway, Bay Ridge, while Larue was employed there as a priest.

Larue was arraigned on February 3, 2000 in Criminal Court, Kings County. Larue was released on his own recognizance and a return date was set for February 16, 2000.

Larue has a prior conviction in 1998 for possession of crack. He plead guilty to Criminal Possession of a Controlled Substance in the Seventh Degree and received three years probation, drug treatment, 1000 hours of community service and had to resign from the rectory at Saint John’s.

The case is being prosecuted by Deputy Bureau Chief Celeste Lopes, Rackets Division.

February 16, 2000....Kings County District Attorney Charles J. Hynes announced today the conviction of a New York City Police Officer for perjury.

"This police officer betrayed his oath," District Attorney Hynes said. "These charges reflect upon him alone and not the thousands of dedicated men and women who serve the New York City Police Department with pride and honor."

The defendant, Police Officer Terrance Orr, 34, a resident of Copiague, New York, entered a plea of guilty in Criminal Court, Kings County to the charge of perjury in the Third Degree, a class A misdemeanor punishable by up to one year in jail and/or a $1000 fine.

Orr entered the guilty plea with the understanding that at sentencing he will receive three years probation and he will resign from the New York City Police Department.

Orr will be sentenced on April 3, 2000 by Judge Jerome Kaye who is presiding over the case.

March 10, 2000,...Kings County District Attorney Charles J. Hynes announced today the filing of a criminal complaints accusing four Brooklyn police officers, assigned to the 62nd precinct, of using their official positions to do favors for a Brooklyn cafe owner.

A Criminal Complaint filed today in Criminal Court, Kings County names Police Officers Miguel Paniss, Kenneth Dunn, Francis Mazzella, Sergeant Ernest Vitolo and Bensonhurst cafe owner John Diana.

Sergeant Ernest Vitolo is accused of the following charges: Attempted Criminal Possession of Stolen Property in the Fifth Degree; Unauthorized Use of A Computer; Computer Trespass; Unlawful Duplication Of Computer Related Material (2 counts); Official misconduct (2 counts); Receiving Reward For Official Misconduct in the Second Degree and Receiving Unlawful Gratuities.

Police Officers Kenneth Dunn and Francis Mazzella both are accused of the following charges: Official Misconduct (2 counts); Receiving Reward for Official Misconduct in the Second Degree; Receiving Unlawful Gratuities; Attempted Criminal Possession of Stolen Property in the Fifth Degree.

Police Officer Miguel Paniss is accused of the following charges: Attempted Criminal Possession of Stolen Property in the Fourth Degree; Official misconduct and Criminal Possession of a Weapon in the Fourth Degree.

John Diana, cafe owner, is accused of the following charges: Attempted Criminal Possession of Stolen Property in the Third

Degree; Promoting Gambling in the Second Degree (9 counts); Possession of a Gambling Device (9 counts); Criminal Solicitation in the Fourth Degree; Unauthorized Use of a Computer; Computer Trespass; Unlawful Duplication Of Computer Related

Material; Criminal Possession of Computer Related Material; Rewarding Official Misconduct in the Second Degree(2 counts)and Criminal Solicitation in the Fourth Degree.

The press and public are advised that this criminal complaint is not evidence of guilt. It is the accusatory instrument by which these criminal proceedings are commenced.

The criminal complaint charges that John Diana asked that these officers do favors including the fixing of summonses, the running of license plates as well as accepting stolen property on behalf of an individual in exchange for stolen property.

The criminal complaint alleges that the incidents took place between January 20, 2000 and March 3, 2000 in the vicinity of 2029 Bath Avenue, Bensonhurst.

The defendants were arraigned in Criminal Court, Kings County before Judge Sam Saitta who released them all on their own recognizance and a set a return date on April 19, 2000.

The case is being prosecuted by Executive Assistant District Attorney Charles Guria and Deputy Bureau Chief Kevin Richardson, Rackets Division

March 14, 2000....Kings County District Attorney Charles J. Hynes announced today the conviction of four men for criminal usery and other charges involving a loansharking operation out of a meat market.

Joseph Ida; 63, 10 Seidman Avenue, Staten Island, Ernest Colelli, 55, 2031 E. 67th Street, Canarsie and Michael Squicciarini, 53, 6916 18^th Avenue, Bensonhurst, plead guilty yesterday in Supreme Court, Kings County to the charge: Criminal Usery in the Second Degree, a class E felony.

Ida admitted that, while acting in concert with another person, on or between July 1, 1998 and June 1, 1999, he knowingly charged, took or received interest on a loan at a rate exceeding 25 percent.

Ida plead guilty with the understanding that at sentencing he will receive a sentence of six months in the START program, a home incarceration program, probation and he will forfeit $75,000.

Colleli admitted that, while acting in concert with another person, on or between January 1, 1998 and June 21, 1999, he knowingly charged, took or received interest on a loan at a rate exceeding 25 percent.

Colelli plead guilty with the understanding that at sentencing he will receive a sentence of a six month split (six months in jail and the remainder of five years on probation), and he will forfeit $9,460.

Squicciarini admitted that, while acting in concert with another person, on or between January 1, 1998 and June 21, 1999, he knowingly charged, took or received interest on a loan at a rate exceeding 25 percent.

Squicciarini plead guilty with the understanding that at sentencing he will receive a sentence of six months in jail.

Fortunato Pizzimenti, 46, 1763 W. 12th Street, Bensonhurst plead guilty yesterday in Supreme Court, Kings County to the charge: Attempted Criminal Usery in the Second Degree, a class A misdemeanor punishable by a maximum jail term of one year and/or a $1000 fine.

Pizzimenti admitted that, while acting in concert with another person, between February 1, 1999 and June 21, 1999, he attempted to charge, as interest on a loan, a rate exceeding 25 percent.

Pizzimenti was sentenced yesterday to a conditional discharge and has to forfeit $1,232.61.

Joseph Ida has been identified as a capo in the Genovese crime family. The other defendants have been identified as associates in the Genovese crime family.

The loansharking operation was based out of Bova Meat Market, 8020 13^th Avenue, Dyker Heights.

District Attorney Hynes commends the New York Police Department for their participation in the investigation.

Ida and Colleli will be sentenced on May 3, 2000 by Justice Betsy Barros who is presiding over the case.

Two other defendants are awaiting trial. Their next court appearance is April 25, 2000.

The case is being prosecuted by Senior Assistant District Attorney Patricia McNeill, Rackets Division.

March 23, 2000. . . . Kings County District Attorney Charles J. Hynes announced today the arraignment on the indictment of a former Army Captain charged with murder in the first degree and other charges involving the beating deaths of a husband and wife.

An eight-count indictment filed today in Supreme Court, Kings County, names John Lau, 37, 51-35 65^th Place, Woodside, Queens.

Lau is accused in the indictment of the following charges: Murder in the First Degree (four counts) and Murder in the Second Degree (four counts).

The most serious charge, Murder in the First Degree, is a Class A-I felony punishable by a penalty of death, life imprisonment without parole, or 20-25 years to life in prison.

The indictment charges that Lau intentionally caused the deaths of Alessandro, 32, and Liane, 29, Barone by beating them with a blunt instrument.

The incident took place on May 24, 1996, at an unknown location, and the bodies were discovered floating in Newton Creek in the 90^th precinct.

The press and public are advised that this indictment is not evidence of guilt. It is the accusatory instrument by which these criminal proceedings are commenced.

The law gives prosecutors 120 days from the arraignment of a defendant on an indictment charging Murder in the First Degree to determine whether to seek a sentence of death or life imprisonment without parole.

"This 120-day provision was requested by the New York State District Attorneys Association - and provided by the Legislature and the governor - in recognition of the fact that the public interest in an effective, constitutional death penalty law is best served by a careful and comprehensive analysis of the available facts and evidence in each case," said District Attorney Hynes.

Under the capital punishment law, a jury cannot return a sentence of death without unanimously concluding beyond a reasonable doubt that the aggravating factors substantially outweigh any mitigating circumstances. The statutory mitigating factors include information about the defendant's criminal history, mental capacity, participation and role in the crime and "any other circumstance concerning the crime, the defendant's state of mind or condition at the time of the crime, or the defendant's character, background or record that would be relevant to mitigation or punishment for the crime."

District Attorney Hynes noted, "Because of the importance of the decision, the structure of this law and the heavy burden it places on prosecutors in order to obtain and sustain any sentence of death, my Office will be examining a variety of factors, both aggravating and mitigating, within the 120 days provided by law, in order to carefully and thoughtfully determine whether or not to seek the death penalty or life imprisonment without parole."

Once this investigation is completed, all relevant information, including any information provided by the defense, will be presented to a Committee, established by the District Attorney, of experienced trial attorneys and supervisors from the Office whose members reflect the diversity of Brooklyn.

It is the Committee's role to carefully review the facts, the aggravating factors of the crime as well as any mitigating evidence provided to it, in order to make a recommendation to the District Attorney whether the death penalty or life imprisonment without parole should be sought in each Murder in the First Degree case.

The District Attorney's decision about the appropriate punishment will be based on all the relevant facts and circumstances and will be made in whatever period of time, within 120 days, that is appropriate in the individual case.

Lau was arraigned today by Justice Neil Firetog who ordered him held without bail and a next date was set for April 13, 2000, in Supreme Court, Kings County.

The case is being prosecuted by Deputy District Attorney Barry Schreiber, Homicide Bureau, and Deputy District Attorney Melissa Jackson, Rackets Division.

April 3, 2000....Kings County District Attorney Charles J. Hynes announced today the sentencing of a New York City Police Officer for perjury.

The defendant, Police Officer Terrance Orr, 34, a resident of Copiague, New York, entered a plea of guilty in Criminal Court, Kings County, on February 16, 2000, to the charge of perjury in the Third Degree, a class A misdemeanor punishable by up to one year in jail and/or a $1000 fine.

Orr was sentenced to three years probation and he will resign from the New York City Police Department.

The case was prosecuted by Executive Assistant District Attorney Charles Guria and Assistant District Attorney Jacqueline Kagan, Rackets Division.

April 5, 2000…. Kings County District Attorney Charles J. Hynes announced today the indictments of two brothers for the near-fatal shooting of a Brooklyn livery cab driver.

A 16-count indictment filed in Supreme Court, Kings County, names Jondale Willis, 20, and Joedale Willis, 18, of 180 Powell St, Brownsville.

The brothers are charged with Attempted Murder in the Second Degree; Robbery in the First Degree (two counts); Robbery in the Second Degree (three counts); Robbery in the Third Degree; Grand Larceny in the Fourth Degree; Assault in the First Degree (two counts); Assault in the Second Degree (three counts); Criminal Possession of a Weapon in the Second Degree; Criminal Possession in the Third Degree and Criminal Possession in the Fourth Degree.

The most serious charges, Attempted Murder in the Second Degree, Robbery in the First Degree and Assault in the First Degree are class B felonies each punishable by a maximum prison term of 12 ½ to 25 years.

On the evening of Sunday, March 26, 2000, livery cab driver Lakhwinder Singh picked up brothers, Jondale and Joedale Willis in Queens and drove them to Powell Street and Belmont Ave. in Brownsville, Brooklyn, where Joedale displayed a silver .22 caliber revolver and demanded money from Mr. Singh. Jondale Willis proceeded to punch Mr. Singh in the face and choke him by placing his hand over Mr. Singh’s neck.

Despite Mr. Singh’s compliance with the defendants’ demands for cash, Joedale fired two shots into Mr. Singh’s shoulder who then, in spite of his injury, was able to step on the car’s accelerator. Jondale reached from the rear seat and grabbed the steering wheel, causing the livery car to crash into several parked vehicles. The two brothers fled from the scene together.

Police recovered a silver .22 caliber revolver, two knapsacks, and two jackets from the cab as well as various personal papers belonging to Jondale and a professional security bureau I.D. card from Jondale Willis who worked as a security guard.

After taking a statement from Jondale Willis, the police located his brother Joedale at the Manhattan residence of his girlfriend. In a search of the defendant, the police recovered a daily news article reporting on the robbery of Lakhwinder Singh from the pants pocket of Joedale Willis.

The case is being prosecuted by Deputy Assistant District Attorney Noel Downey and Senior Assistant District Attorney Zulan Collis, Trial Bureau V.

Hynes was joined by Fernando Mateo, President of the New York State Federation of Taxi Drivers. Also in attendance were victims and families of victims of recent crimes against cab drivers. The District Attorney also pledged his support for Operation NO BREAKS. No Breaks seeks the maximum penalties allowed under the law for crimes against cab drivers.

“I look forward to implementing Operation NO BREAKS in Kings County,” Hynes said. “And to ensure its success, I have assigned top members of my staff to review and analyze each instance of a crime against a driver in this county.”

“It’s time for these horrendous crimes against drivers stop,” Mr. Mateo said. “I want to thank District Attorney Hynes for helping us in this matter. I know Operation No Breaks will be a success here in Brooklyn.”

April 11, 2000....Kings County District Attorney Charles J. Hynes announced today the sentencing of a Brooklyn man to life without parole for the shooting deaths of two men during a burglary in 1995.

Jerry Bonton, 28, a Brooklyn resident with no permanent address, was convicted on April 1, 2000 of the charges Murder in the First Degree and Murder in the Second Degree.

The most serious charge, Murder in the first Degree is a class A felony punishable by life in prison without parole, the death penalty or 25 years to life.

A jury of five men and seven women deliberated 12 hours over four days after a four- week trial in Supreme Court, Kings County before returning the guilty verdict.

He agreed to forgo the penalty phase of his trial and to accept a sentence of Life without Parole with the understanding that he give up his right to appeal.

The jury found Bonton guilty of intentionally causing the death of Harold Burton, 30, by shooting him during the commission of a burglary in Burton’s apartment.

The jury also found him guilty of causing the death of Worrell Brown, 34, during the commission of a burglary in Burton’s apartment.

Bonton was extradited to New York in 1997 from a federal penitentiary in Texas where he was serving a sentence, commencing on December 16, 1996, for a conviction on the charge of Conspiracy with Intent to Distribute Cocaine.

The case was prosecuted by Senior Assistant District Attorneys Mark Hale and Kyle Reeves

April 13, 2000....Kings County District Attorney Charles J. Hynes announced today the filing of a criminal complaint accusing a Brooklyn man of robbery and other charges involving a chain snatching in the subway.

An eight-count criminal complaint filed today in Criminal Court, Kings County names Lemar Jackson 31, of 179-85 Selover, St Albans.

Jackson is accused of the following charges: Robbery in the Third Degree; Attempted Assault in the Third Degree; Criminal Possession of Stolen Property in the Fifth Degree; Grand Larceny in the Fourth Degree; Menacing in the Third Degree; Harassment in the Second Degree; Petit Larceny and Disorderly Conduct.

The most serious charge, Robbery in the Third Degree is a class D felony punishable by a maximum prison term of five to seven years.

The press and public are advised that these criminal complaints are not evidence of guilt. They are the accusatory instruments by which these criminal proceedings are commenced.

The complaint charges that Jackson approached and shoved Anbrosine Almarales, 36, and snatched a chain and cross from her neck causing her to sustain a scratch to her neck.

The complaint also charges that when members of the New York City Police Department arrived, Jackson fled the subway platform and hid underneath an A train causing the power to the train to be shut off.

The incident occurred on April 12, 2000 at 12:52 p.m. inside the Church Avenue and St. Pauls subway station.

Jackson was arraigned in Criminal Court, Kings County before Judge Joseph McKay who set bail at $100,000/100,000 (cash/bond) and a return date of April 18, 2000.

April 14, 2000....Kings County District Attorney Charles J. Hynes announced today the conviction of a Uniondale man for the burglary of a home in Brooklyn.

Marcus Foushe, 24, of 715 Southern Parkway, Uniondale, entered a plea of guilty, today, in Criminal Court, Kings County to the charges: Burglary in the Second Degree and Possession of Burglars Tools.

The most serious charge, Burglary in the Second Degree is a class C violent felony punishable by a maximum prison term of 15 years.

Foushe entered the guilty plea with the understanding that at sentencing he will receive a sentence of seven years.

Foushe will be sentenced on May 3, 2000 by Justice Jaime Rios who is presiding over the case.

April 27, 2000….Kings County District Attorney Charles J. Hynes today announced that he had concluded his investigation into the shooting deaths of Andre Fields, 17, and Tasheen Bourne, 19, who displayed realistic looking toy guns during the robbery of two undercover detectives.

On March 31, 2000, five men, including Fields and Bourne, approached Detectives Heriberto Mercado and Luis Campana while they were on-duty and acting in an undercover capacity in the 83^rd Precinct. Three of these men, including Fields and Bourne, pointed what appeared to be guns at the detectives and began to rob them. The detectives both drew their weapons and fired, killing Fields and Bourne. Two toy guns, which had been altered to appear more realistic, were recovered near the bodies, along with the property that had been taken from the detectives.

The investigation, which included interviews of the two detectives, determined that the shooting was justified pursuant to Article 35 of the New York State Penal Law. A police officer may use deadly physical force upon another person if that person is committing or attempting to commit a robbery. In addition, a police officer may use deadly physical force if that officer reasonably believes that a person is using or is about to use deadly physical force against the officer or another.

"The death of these two young men is a tragedy, which would have never happened had they not confronted the undercover detectives with what appeared to be real guns," said District Attorney Hynes.

INVESTIGATION INTO THE SHOOTING OF ANDRE FIELDS AND TASHEEN BOURNE BY UNDERCOVER DETECTIVES

This investigation was initiated on March 31, 2000, the night of the fatal shooting of Andre Fields and Tasheen Bourne, when the Deputy District Attorney in charge of the Rackets Division responded to the scene of the shooting. Subsequently two Senior Assistant District Attorneys from the Rackets Division were assigned to the case and they conducted numerous interviews and reviewed all the forensic evidence in the case. This report is based upon their investigation.

On March 31, 2000, Detectives Heriberto Mercado and Luis Campana were working an undercover assignment as a part of “Operation Condor.”

Detective Mercado is a ten year veteran of the department and has never fired his gun in the line of duty before. Mercado is a male Hispanic officer, who stands five feet-six inches tall with a muscular build. Because of his role in the operation, described in the operation section below, Mercado was dressed in civilian attire, wearing a tee shirt, vest, jeans, and boots. He was not wearing a bulletproof vest. Mercado’s shield and police identification card were both in his wallet, which he carried in his left rear pant’s pocket. He was armed with a Smith and Wesson 9mm semi-automatic pistol, loaded with sixteen rounds, 1 in the chamber and 15 in the magazine, which he carried in a holster on his left side. He is left-handed.

Detective Campana is also Hispanic, and has been a police officer for six and one half years and has not been involved in any prior on-duty shootings. Campana stands five feet-ten inches tall and was dressed in a long sleeve shirt, pants, and shoes. Because of his status as an undercover officer, Campana carried no shield or police identification card. He was armed with a Walther PPK .380 semi-automatic pistol, which was loaded with eight rounds of ammunition, 1 in the chamber and 7 rounds in the magazine. Campana carried this weapon in his right front pants pocket. Detective Campana was also equipped with a police radio, which he carried in his shirtsleeve. Campana, like Mercado, wore no bulletproof vest.

On the night of the shooting both detectives were present in the area of Cooper Street between Broadway and Bushwick Avenues. Cooper Street is a two-way street, running north to south. The block is residential, with small apartment buildings lining both sides of the street. The south end of the block intersects with Broadway, the north end meets Bushwick Avenue. There is an elevated train line that runs along Broadway. The buildings are numbered with the lower numbers at the Broadway end of the block, going higher as you move northbound toward Bushwick Avenue. There are several street lamps on the block. Sunset that evening was listed at 6:20 pm.

As a part of “Operation Condor,” members of the Brooklyn North Central Narcotics District, (BNCND), are assembled on overtime shifts to engage in narcotics operations. On March 31, officers were assembled to work an overtime shift from 1745 - 0200 hours. Detective Campana was the only undercover officer working that shift. Detective Mercado, who had worked as an undercover officer in the past was assigned to work with Detective Campana in a back-up capacity.

Having only one undercover officer, it was decided that the team would not engage in undercover buy and bust operations, but would instead do an observation operation. Campana and Mercado were to watch known narcotics locations and would radio to the field team members the description and direction of travel of any buyers seen leaving these locations. The field team members would then stop these persons and, if drugs were recovered, arrest them. The prisoners would be held in the prisoner van until the end of the operation. At that time, they would be transported to a precinct for arrest processing.

According to a prearranged tactical plan, the team was to attempt to target six locations that evening, including 17 Cooper Street. According to an NYPD computer check, this location had been the subject of ten narcotics complaints since 1996, and was known to members of the team as a marihuana sales location.

Detectives Mercado and Campana drove to the area in a non-descript auto and parked it away from the target location. They then walked onto Cooper Street and took a position in front of 36 Cooper Street. From this vantage, the officers were able to observe persons who approached 17 Cooper Street, and could radio their descriptions to the field team without being detected. Prior to the shooting, three buyers were arrested by the field team pursuant to radio descriptions provided by Detective Campana. Marihuana was recovered from each of these individuals, and all were charged with Penal Law § 221.05, Unlawful Possession of Marihuana, a violation.

At approximately 9:13pm, Detective Mercado, standing on the sidewalk in front of 36 Cooper Street, noticed five men come from Bushwick Avenue and begin to walk down Cooper Street on the opposite side of the street. Mercado informed Campana, who was behind the wrought-iron fence in front of number 36, of the arrival of these men, who had now stopped and were standing across the street and north of the two detectives. Both detectives thought that the men were residents of the block.

At this same time, Mercado noticed that he could see the red “transmission light” from Campana’s police radio through Campana’s shirtsleeve and informed him of this. Campana turned around to fix the radio in his sleeve and to transmit a message to the field team. By turning, Campana now was facing the building and had his back to the street. Mercado, who was watching Campana while pretending to talk on his cellular phone, now noticed that the five men had crossed the street to the side where the detectives were standing and appeared to be walking by them.

At this moment, one of the men, later identified as Tasheen Bourne, moved past Mercado and pointed a large black handgun at Campana’s head. At the same moment an unapprehended man placed what Mercado felt to be a gun to Mercado’s back and a second male, later identified as Andre Fields, placed a small black handgun against Mercado’s stomach. Two other unapprehended men stood near the men who were pointing guns at Mercado. Neither of these men displayed weapons.

Detective Campana turned and faced Bourne and observed the barrel of the gun pointed to his head. Bourne, who was holding the gun sideways, demanded that Campana give him his cellular telephone. Campana asked Bourne to calm down and slowly handed over his cellular telephone. Campana could not see Mercado, who was sandwiched between his attackers and who had been moved back several feet.

Bourne became more aggressive, repeatedly moving the gun back and forth, pointing it at Campana’s head, and stated “give me the fucking wallet.” Campana, in further efforts to calm Bourne down, said to him that he would give him the wallet and, with his right hand reached into his pants pocket, where his gun was and withdrew his wallet. He then transferred the wallet to his left hand and handed it to Bourne, who took possession of it. Bourne, still jabbing the gun at Campana’s head, now demanded money.

The men who were surrounding Mercado slowly backed him away from Campana. One of the unapprehended men, who was behind Mercado, grabbed a gold metal bracelet from Mercado’s wrist, inflicting a small laceration to his wrist and causing Mercado’s cellular telephone to fall to the ground. Mercado could see that Bourne was violently jabbing a handgun at Campana’s head, but could not hear what was being said.

Fields, who was in front of Mercado pointing a gun at his stomach, grabbed a gold metal chain and cross from Mercado’s neck, breaking the chain and causing a small laceration to the detective's neck.

At this point, Fields demanded Mercado’s wallet, which contained his shield and police identification card. Mercado said to him that he would give it to him and reached toward his back with his left hand. Mercado instead drew his 9mm gun and, with the gun almost against his own body, fired at Fields. Mercado has no recollection of the number of shots that he fired, but stated that he fired at him and that Fields moved back into the street. Mercado stated that he fired at Fields until he felt that he no longer presented a danger. At that time, Mercado, whose gun was still in his left hand, reached his gun around the right side of his body and fired at the unapprehended individual who had been behind him with a gun to his back. When Mercado turned to look at this unapprehended man, he had gone. Mercado is not sure how many shots he may have fired at this unapprehended man, or if he might have hit him with any of the shots. Mercado now turned his attention to Bourne, who was still holding the gun to the head of Campana.

Campana heard the shots fired by Mercado, but did not know at the time who was firing and at whom. Bourne, keeping the gun pointed at Campana’s head, turned his head to the direction of the shots. As Bourne turned his head, Campana drew his .380 from his right pants pocket. Both Mercado and Campana began firing at Bourne. Campana fired five shots at Bourne. Mercado does not know how many shots he fired at him. Both detectives stated that as they were firing shots at him, Bourne did not fall immediately to the ground, but began to move away from Campana with his gun still pointing in Campana’s direction. Both Mercado and Campana indicated that they fired at Bourne until he went down and each felt that he no longer presented a threat. Detective Campana then transmitted a call of “shots fired, two perps down.”

Mercado had fired thirteen shots, leaving three shots remaining in his weapon. Campana fired five shots, also leaving three shots in his gun.

Tasheen Bourne was given Cardiopulmonary Resuscitation (CPR) at the scene by a member of the field team who had responded to the shots and to the radio transmission and who is trained in CPR. Bourne was transported by ambulance to Woodhull Hospital, where he was pronounced dead.

Two guns were recovered from the scene of the shooting, one near Andre Fields' body, and the other near where Tasheen Bourne had fallen to the ground. Both of these guns proved to be toy guns, which were wrapped with black electrical tape to enhance their realism.

Detective Mercado recovered his neck chain and cross from the ground near Andre Fields' body. Detective Campana’s wallet was recovered from the ground near where Tasheem Bourne fell.

A police officer who rode in the ambulance with Tasheen Bourne recovered Campana’s cellular telephone from Bourne's clothing.

Thirteen 9mm-shell casings and five .380 shell casings were recovered from the scene, as well as numerous discharged bullets and pieces of bullets.

Detective Mercado was treated and released at Jamaica Hospital for the injury to his neck and for chest pains related to stress. Detective Campana was also treated at Jamaica Hospital for head and neck pain related to stress.

4) Entry to the back of the left side chest, exited under the left arm and reentered the left arm,

An autopsy determined that the cause of death was gunshot wounds to the face and body.

The autopsy of Tasheen Bourne determined that the cause of his death was gunshot wounds to the extremities with injuries to heart, lung, and liver.

Andre Fields had two open criminal cases at the time of his death. On February 9, 2000, Fields was arrested and charged with Attempted Robbery in the First Degree, and other related charges stemming from an incident that occurred on a subway platform, which had been reduced to a misdemeanor. Tasheen Bourne was a co-defendant in that case. On March 6, 2000, Fields was arrested and charged with Criminal Possession of Marihuana in the Fifth Degree, a Class B misdemeanor.

Tasheen Bourne had one conviction and one open criminal case at the time of his death. He was arrested and indicted in 1998 for Robbery in the First Degree. He pleaded guilty to a reduced count of Robbery in the Third Degree and was sentenced to 1-3 years in prison and was paroled in November of 1998. He violated the conditions of his parole and was reincarcerated on May 11, 1999 and was re-paroled on September 9. He was on parole at the time of his death. On February 9, 2000, Bourne was arrested and charged with Attempted Robbery in the First Degree, and other related charges stemming from an incident that occurred on a subway platform. This matter was reduced to a misdemeanor and was pending at the time of his death.

During the arrest processing for the February 9, 2000 robbery detectives from the Gang Intelligence Unit of NYPD interviewed both Tasheen Bourne and Andre Fields. Both stated that they “hang out” with members of the Bloods gang.

Other law enforcement records indicate that Bourne was a “burned in” member of the Bloods, and that he had the “Blood name” of “Bloody Prince.” Bourne also had the burn marks of the Bloods gang, known as a “dog paw”, on his right shoulder. At the time of the shooting, Bourne was wearing red boxer shorts, red long sleeve shirt, black coat and both a red and a black bandana. Red and black are Bloods' gang colors.

Fields was not wearing any gang related clothing or insignia, and he did not have the Bloods' burns on his body.

A resident of the building, in front of which the shooting took place, stated that she heard someone yell “Run Dog” immediately before she heard the gunshots. Bloods members refer to themselves as “dogs.”

Both detectives were asked to come to the District Attorney's Office to be interviewed about this incident, and both did so voluntarily.

Detective Mercado stated that he thought that the gun that Fields had pointed at him was a real gun, and that he thought that the one of the unapprehended men also had a real gun to his back. He also thought that the gun being pointed at Campana was a real gun as well. Mercado expressed that he was afraid for his life and for the life of Campana. Mercado stated that he tried to use his words and actions to calm the situation down, speaking slowly and cooperating with his attackers, but also that Bourne was becoming increasingly agitated with Campana. He stated that he observed Bourne jabbing his gun into Campana’s face repeatedly, bringing it close to his face without striking him. He stated that Fields demanded his wallet, which contained his police shield and identification card. Mercado believed that this, combined with the volatile confrontation that Campana was in, made deadly physical force necessary.

Mercado stated that when he shot Fields, he fired until Fields was no longer a threat. Further, immediately after firing at Fields, he fired behind him at the gunman who had a gun pressed against his back, and saw that this person had fled. Mercado then turned his gun on Bourne, who still had his gun pointed at Campana, and fired. Mercado stated that he only heard his own shots and did not realize that Campana was firing.

Mercado said he did not fire at the other two unapprehended others because they were not a threat - he did not see them display guns. Mercado indicated that he stopped firing when the threats were eliminated.

Detective Campana stated that he could see down the barrel of the gun, and he thought it was real. Campana stated that at that moment he thought he was going to die. He stated that he tried speaking calmly to Bourne, but the threat of violence continued to escalate. Campana stated that when he heard the shots coming from Mercado’s direction, he did not know who was firing, but that Bourne’s gun remained pointed at his head. It was only when Bourne turned his head to look in the direction of the shots, that he, Campana, saw an opportunity to draw his own gun and fire. Campana indicated that he did not know at the time of the shooting how many shots he had fired, only that he fired until Bourne was no longer a threat to him.

Campana was also stated that he did not identify himself as a police officer because he believed that if he had done so, that he would have been searched for his gun and/or shot. Campana said he had not fired all of the bullets from his gun because he felt that once the threat had been eliminated there was no need to continue shooting. He also said he had given Bourne his wallet from the same pocket that contained his gun, without drawing his gun to defend himself because he did not have the opportunity. Bourne was looking directly at him and to do so would have meant his death. Campana indicated that he wanted to let Bourne take his property, and he only fired because there was no other choice.

The first officer to arrive at the scene was the supervising sergeant of the operation. He had been inside of a store, located on the corner of Bushwick Avenue and Cooper Street, and had arrested one of the three apprehended buyers in this case. He said he heard a number of shots in rapid succession, but does not know how many he heard. He then ordered the other officer to remain with their prisoner and ran out of the store to Cooper Street, where he observed numerous persons running out of the block. He used his radio to attempt to reach his team members when he heard the call from Campana stating “shots fired, two preps down.”

He reached Mercado and Campana and observed that there were two men on the ground. Both Mercado and Campana had their guns in their hands and immediately stated that “they robbed us.” Campana told his sergeant that the men had robbed him of his cellular telephone and wallet and that the guns were in the street. The first officer observed the two black guns in the street and stated that they appeared real to him. He also observed a wallet on the ground next to the body of Tasheen Bourne. Detective Mercado also informed the supervising sergeant that the men had robbed them and they had taken a chain from his neck. Mercado had the chain in his hand and informed him that he had recovered it from the ground. Both Mercado and Campana informed their sergeant that they had fired their guns.

The supervising sergeant secured the crime scene. He stated that he observed numerous shell casings on the ground. He also said that he believed that Fields was already dead, but he observed a detective perform CPR on Bourne.

Other detectives were in the prisoner van. They were on the corner of Broadway and Moffet Street, around the corner from the scene of the shooting. They had one prisoner in the van and were loading a second prisoner into the van when the shots began. The detective who performed CPR stated that he heard a fast series of shots, but cannot say how many he heard. He immediately responded to the location of the shooting and observed the two males on the ground. Since he is a CPR instructor for the American Red Cross, he checked Fields for vital signs, but found none and then went to Bourne and found weak vital signs. He began giving Bourne chest compressions as a part of CPR. He also said that he observed a gun on the ground next to Bourne, and a wallet on the sidewalk near him. He did not speak to either officer at the scene.

The detective, who was the driver of the prisoner van parked around the corner from the scene of the shooting, stated that there was one prisoner in the van and were putting in a second when the shots were fired. He recalled that they heard a number of shots, in rapid succession, but cannot say how many were fired. He stated that he heard Campana say over the radio that two are down and we need an ambulance. He put out a call for assistance (10-85) on the radio and went to the scene. He said he saw Campana with the supervising sergeant on the corner of Broadway and Cooper and that he saw two men laying in the street and a gun next to Bourne. He had no verbal communication with either officer, but that Mercado nodded his head, indicating to him that he was all right.

The first uniformed officers, from the 83 Precinct, to respond to the shooting were directed to the scene after being flagged down by members of the narcotics team. These officers had no conversations with either of the officers involved in the shooting. One of these officers rode in the ambulance with Bourne and recovered Campana’s cellular telephone from his clothing.

Two canvasses for witnesses were conducted on the night of the shooting and a third the next morning. These canvasses did not identify any civilian witnesses who actually observed the robbery or the shooting.

One witness was interviewed by detectives and informed them that he heard the shots and looked out of his window and observed two officers pointing their guns at two males on the ground. He then observed the officers “check the males" and saw more officers arrive. However, he did not observe the shooting itself.

On April 2, 2000, the New York Times ran an article on the shooting which indicated that they had interviewed a witness to the shooting who was a resident of Cooper Street. That witness is quoted in the Times as saying:

He [a police officer] had the gun in one hand pointed at the kid and a walkie-talkie in the other....This kid was flat on his back and squirming on the ground, and he shot him twice after he was down. I think these cops used too much force. But these young kids put themselves in this predicament, with every one of them trying to be gangsters.

That witness was located and interviewed by a detective from the 83 Precinct Detective Squad regarding his observations. He told the detective that he lived on the second floor of a building on Cooper Street and he said that he was in his apartment at the time of the shooting. He stated that he heard numerous gunshots, more than ten, in succession, and that he went to his window and look outside while the shots were being fired. He said that he observed a male, who he believed to be a police officer, standing over an individual who was moving on the ground, and that the officer appeared to be speaking into a walkie-talkie that was in his right hand. He also said that the officer had a gun in his left hand, pointed down, when he heard the final two shots come from this officer and that at that time the individual on the ground stopped moving. He said that he did not see any type of muzzle flash coming from the gun of the officer he was observing, and that after the shooting stopped, this officer went to the second male, who was laying in the middle of the street, not moving, and appeared to shake the male’s chest. This officer then went to the first male and did the same. After checking both of the males, this witness said that he observed this officer run up Cooper Street, toward Bushwick Avenue. He said that he then went downstairs to where he had observed the officer standing over the male on the sidewalk, and that he observed what appeared to be a handgun lying next to where the body was.

On April 11, 2000, this witness was interviewed by investigators by telephone. He said that, on the night of the incident, he arrived at the home of his sister at on Cooper Street at approximately 7:00 pm. He stated that, while he was playing with his niece in his bedroom, which overlooks Cooper Street, he heard a series of shots close together. He said that he then ran to the window and looked out of the window. He saw activity five or six houses away on the same side of the street. He said he saw a tall light skinned slim man (either Caucasian or Hispanic) with a gun in one hand and a radio in the other. There was a black male on the ground trying to get up. The tall slim male who he believed was a cop had his gun tilted down pointed toward the black male. He heard one or two final shots just as he looked out the window. He heard the shots but did not see any muzzle flash. He could not see if the black male had anything in his hand as he tried to push himself up off the ground. The black male fell down and stopped moving. He later came down and saw a black handgun next to the body. The witness said that he could have still had the gun in his hand when he heard the last shots.

This witness did not see anyone else fire a gun. He stated that he saw another officer there with the tall slim officer and believes this second officer did not fire his gun. He did see another body on the sidewalk. He said he observed the tall slim officer go to each body and push on each man's chest. Then he saw the tall slim officer run away. He said that he went out on the street. He saw black handguns next to each of the bodies. The guns appeared real to him. The tall slim officer never came back.

The witness said that he did not remain at the scene after the shooting. He stated that he left the area without speaking to the police and went into Manhattan to have dinner. He was contacted by reporters the next day after neighbors indicated that he might have seen something.

This witness was asked to come into this office to be interviewed regarding his observations, which he did on April 18, 2000.

The witness repeated his observations, as detailed above, but included the following additional information:

1. He heard a continuous series of shots, fired rapidly, and that he believes that he heard ten or more.

2. From the sound of the shots, he is sure that all of the shots were fired from the same gun, not two different types of gun.

3. As the shots were being fired, he went to his window to look out and heard the last two shots being fired, or, that as he opened the window, he heard the last two shots.

4. When he looked out of his window, he saw a male lying in the street, closer to the opposite curb, and that male was not moving.

5. A male Hispanic or white cop, 6’3” to 6’4” feet tall[2], was holding a walkie-talkie in his right hand and a gun in his left hand. This officer was pointing the gun at a second male who was lying on the ground, with the barrel of the gun approximately two feet from the male. The witness could not see at what part of the body the gun was pointed.

6. He could see the male on the ground moving, but could not see his hands. He did see a gun on the ground next to the male after the shooting.

7. He heard two shots while the officer was pointing his gun and, after the shots, the male on the ground ceased movement.

8. He saw sparks come from the gun of the officer described above. When asked why he had specifically stated in his prior interview with a detective and the telephone interview that he had not observed sparks, he stated that he knew there were shots fired and that he knew that this was the officer who had fired them and that he must have seen it, but that he could not be sure.

9. He saw a shorter officer, standing behind the taller one, but he did not see this officer with a gun, or see or hear him shooting.

went over to each of the bodies and shook them. This officer then ran, by himself, up Cooper Street to Bushwick Avenue, leaving the shorter officer there by himself, and did not return. As the taller officer ran up Cooper Street, an unmarked police van drove down Cooper Street, passing the officer.

A police officer may use deadly physical force upon another person if that person is committing or attempting to commit a robbery. The officer may use deadly physical force if that officer reasonably believes that person is using or is about to use deadly physical force against the officer or another.

The evidence is without dispute that Andre Fields and Tasheen Bourne, along with at least one other, were robbing officers Campana and Mercado. Fields and Bourne displayed what appeared to be real handguns. Bourne pointed his weapon at Campana’s head, and Campana believed it to be a real gun and feared for his life. Fields pointed what Mercado believed to be a weapon at his midsection, while a third male pointed what Mercado believed to be a handgun in his back. Mercado feared for his own life and, because he could see the gun pointed at Campana and thought it was real, feared for Campana’s life as well.

Threats were made toward the officers indicating that these handguns might be discharged. Demands were made by Fields and Bourne for the two officers to give up property. Campana's cellular telephone and wallet were taken and Mercado's bracelet and chain were taken, all at gunpoint and by the threat of force. The evidence clearly establishes that Fields and Bourne were participants in an armed robbery.

Statements made by the two officers establish their state of mind at the time of the robbery and shooting.

Detective Mercado was also aware of something Detective Campana did not know. Detective Campana was a full time undercover and carried no police identification. Detective Mercado, who had been drafted into his role for this assignment, carried his NYPD shield in his wallet. Detective Mercado stated that he knew that once he gave the robbers his wallet, it would be discovered that both men were police officers.

Detective Mercado's statements are consistent with what we know of his actions. He did not resist the taking of his bracelet and his neck chain. He drew his gun only when there were repeated demands for his wallet. Detective Mercado fired only at individuals that he perceived as threats to Campana or himself. He fired at the three individuals who he saw or felt had a gun. He did not fire at the two other males he had observed with Fields, Bourne and the man behind him because they did not pose an immediate threat to Campana or himself, even though, they were participants in a robbery. Mercado stated he did not empty his gun because he no longer perceived a threat. Campana fired at a man who had a gun pointed at his head. He did not fire until he heard shooting start and Bourne's attention was directed away from him. He did not know who was shooting but he was aware that they were being robbed by men with guns and firing had begun. Campana fired at a robber who had what he believed to be a real gun pointed at his head. He fired five shots and had three remaining in his weapon.

Both officers stated that they fired at Bourne, who stumbled to the side and did not fall straight down. They both stated Bourne still had the gun pointed at Campana as he fell. They both ceased firing when he no longer posed a threat.

The statements made by the only civilian are not inconsistent with the statements of the officers. That witness stated that Bourne was not completely on the ground when the last shot or two was fired. He saw a tall slim male with his radio and his gun pointed at a downward angle (apparently Campana). He heard the last one or two shots and believed they came from that tall slim officer but he did not know if the other officer had fired. He stated that it appeared to him that Bourne was facing the officer with his back to the ground and was getting up when he heard the shots. He also said he could not be sure if Bourne had a gun in his hand or not. He said he clearly saw the gun next to Bourne when he went downstairs after the shooting.

Other portions of this civilian's statement do not appear to be reliable. He is positive that he only heard one gun fire all of the ten or more shots that he heard that evening. The statements of the police officers involved, as well as the physical evidence, clearly show that two different guns, of two different calibers, were discharged. The witness described the police officer who he saw with a gun in his hand being as 6’3”-6’4” tall, and holding the gun in his left hand. Detective Mercado stands 5’6” tall and is left handed; Campana stands 5’10” and is right handed.

This witness's various statements regarding muzzle flash indicate his uncertainty as to the events of that evening. These contradictory statements undermine his credibility with respect to this incident.

This witness also stated that he saw the tall slim officer who fired run down the street and disappear. He said that he came down to the street to see who had been shot. He also said that he would have recognized the officer if he was there, but this officer never came back to Cooper Street. All other witnesses and evidence establish that Detective Mercado and Campana were both present controlling the crime scene when additional officers responded, moments after the shooting. They were both present until they were removed to the hospital. This would put both of them in a highly visible position on the street at the point when the civilian witness indicated that he came down from the second floor apartment on Cooper Street.

In any event, even taking the statement of this civilian witness at face value, it does not rebut the overwhelming evidence of justification in this case.

April 28, 2000.... Kings County District Attorney Charles J. Hynes will join with other prominent district attorneys, law school and college deans and the Association of the Bar of the City of New York to mark Law Day on Monday, May 1, 2000 by calling upon the British government to immediately establish an independent judicial inquiry into the circumstances surrounding the murder of Northern Irish Solicitor, Rosemary Nelson.

The conference will be at 12:00 p.m. in the Stimpson Room on the main floor of the Bar Association’s building at 42 West 44^th Street, between 5^th and 6^th Avenues in Manhattan.

The calling for the independent judicial inquiry comes in response to the car bomb murder of Rosemary Nelson, the second human rights lawyer to have been killed in Northern Ireland. The first, Patrick Finucane occurred in 1989. Loyalist paramilitaries have claimed responsibility for both murders, whose investigations into up until now have been tainted by the involvement of the Royal Ulster Constabulary (RUC).

The conference will address the need for this independent, impartial inquiry, not only for justice in these two murders, but for the many other lawyers in Northern Ireland facing harassment and intimidation, preventing the operation of an impartial and fair criminal justice system.

A copy of the report “Northern Ireland: A report to the Association of the Bar of the City of New York from a Mission of the Committee on International Human Rights,” prepared after a mission to Northern Ireland to examine the administration of criminal justice, will be available.

A copy of the statement endorsed by the District Attorneys, Law School and College Deans and The Association of the Bar of the City of New York will also be available.

April 28, 2000….Kings County District Attorney Charles J. Hynes announced today that he will seek a sentence of life without parole in the prosecution of Tony Parker and Timothy Harrell, both indicted for First Degree Murder and other charges involving the shooting death of a man in the 79^th Precinct.

Parker, 23 formerly of 275 Livonia Avenue, Brooklyn and Harrell, 18, formerly of 544 Stone Avenue, Brooklyn, were charged in a 19-count indictment with the intentional murder on August 13, 1999 of Moudish Khalid, 37.

"I have concluded, after review and deliberation, that a sentence of life without parole is the appropriate punishment to seek in this case, "District Attorney Hynes said.

This is the 33^rd and 34^th defendants charged with First Degree Murder where District Attorney Hynes has decided to seek a sentence of life without parole, since the capital punishment law took effect on September 1, 1995.

District Attorney Hynes has sought the imposition of the death penalty in seven First Degree Murder cases. Two cases are awaiting trial. In two other cases, the defendants have pled guilty; one was sentenced to life without parole and the other was sentenced to fifty years to life. There have been two additional cases in which the defendants were convicted of Murder in the First Degree following a jury trial and were sentenced to life without parole following a waiver of appeal. In the seventh case, the defendant, Darrell Harris, was convicted by a jury and sentenced to death, pending the outcome of an appeal.

The capital punishment law gives prosecutors 120 days from the arraignment of a defendant on an indictment charging Murder in the First Degree to determine whether to seek a sentence of death, life without parole or a lesser penalty of 20 to 25 years to life in prison.

Both Parker and Harrell were arraigned on October 27, 1999, and the 120-day period within which to file a death notice was extended to May 12, 2000.

District attorney Hynes said his decision included the following components: a comprehensive and objective analysis of the available facts and evidence; a thorough review of the aggravating and mitigating factors provided by the District Attorney's Office and defense counsel; and an exhaustive review of the defendant's background.

District Attorney Hynes said his decision followed a review of the case by a Committee he has established of executives, supervisors and experienced trial attorneys.

Parker and Harrell are accused jointly and/or individually with the following charges: Murder in the First Degree (three counts); Murder in the Second Degree (four counts); Robbery in the First Degree (10 counts) and Criminal Possession of a Weapon in the Second and Third Degrees (one count each).

The indictment charges that Parker and Harrell, on August 12, 1999, intentionally caused the death of Moudish Khalid, 37, by shooting him to death during the course of a robbery.

The incident took place on the street in front of 41 Brooklyn Avenue, in the Bedford Stuyvesant section of Brooklyn.

Both men are being held without bail, awaiting trial in Supreme Court, Kings County. The case is assigned to the Honorable Joel Goldberg of the Supreme Court, Kings County, and the next court date is May 11, 2000.

The case is being prosecuted by Senior Assistant District Attorney Mark Hale of the Homicide Bureau.