About Ernest Johnson

FOR IMMEDIATE RELEASE
Tuesday, October 2, 2018

 

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

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

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

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

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

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

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

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

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

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

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FOR IMMEDIATE RELEASE
Monday, October 1, 2018

 

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

Allegedly Rifled Through Mail Bags Searching for Envelopes Containing Checks

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

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

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

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

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

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

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

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

The case is being prosecuted by Assistant District Attorney Elizabeth Kurtz, of the District Attorney’s Frauds Bureau and Special Assistant District Attorney Renee Hassel, of the District Attorney’s Public Integrity Unit, under the supervision of Assistant District Attorney Michel Spanakos, Public Integrity Unit Chief, and the overall supervision of Assistant District Attorney Patricia McNeill, Deputy Chief of the District Attorney’s Investigations Division and Mark Feldman, Senior Executive District Attorney for Crime Strategies and Investigations.

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

 

FOR IMMEDIATE RELEASE
Wednesday, September 26, 2018

 

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

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

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

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

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

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

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

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

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

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

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

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

 

FOR IMMEDIATE RELEASE
Tuesday, September 25, 2018

 

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

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

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

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

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

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

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

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FOR IMMEDIATE RELEASE
Wednesday, September 19, 2018

 

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

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

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

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

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

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

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

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

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

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

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

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FOR IMMEDIATE RELEASE
Tuesday, September 18, 2018

 

NYPD Officer and His Wife Indicted for Using the Officer’s
Deceased Mother’s Identity to Defraud Social Security and Benefit Funds

Allegedly Forged and Falsified Documents to Steal About $360,000 and Attempt to Steal another $160,000; Impersonated the Dead Woman in Phone Calls and Continued to Refill her Prescription for Narcotic Pain Killers

Brooklyn District Attorney Eric Gonzalez and New York City Police Commissioner James P. O’Neill today announced that a New York City Police Officer and his wife have been charged in a 101-count indictment with conspiracy, identity theft, scheme to defraud, grand larceny, money laundering, falsely reporting an incident, possession of a controlled substance and various other charges for assuming the officer’s deceased mother’s identity and using it to steal Social Security and pension benefits totaling approximately $100,000, fraudulently selling her home for $260,000 and attempting to defraud another $160,000 in life insurance annuities.

District Attorney Gonzalez said, “These defendants, a police officer and his wife, allegedly took advantage of his own mother’s death to steal hundreds of thousands of dollars to which they were not entitled. This greedy and macabre conduct is even more egregious because police officers take an oath to uphold the law. We now intend to hold both defendants accountable for their alleged criminal conduct.”

Police Commissioner James P. O’Neill said, “Police officers swear an oath to hold themselves accountable to the highest standards of ethics and integrity. And when they intentionally violate that promise, they tarnish the reputation of all good cops – making their jobs much more difficult – and erode the trust we have worked so hard to earn in all of our communities. I commend the investigators with the NYPD’s Internal Affairs Bureau, in conjunction with the Social Security Administration’s Office of the Inspector General and the Brooklyn District Attorney’s Office, for rooting out these illegal activities.”

Social Security Administration, Office of the Inspector General, Special Agent in Charge John Grasso said, “Today’s arrests should serve as a warning to those who choose to selfishly defraud the Social Security Administration Trust Fund. Our office vigorously pursues these cases, and we will continue to work jointly with the NYPD and other law enforcement partners to identify and prosecute fraud perpetrators in the future. I strongly encourage the public to report suspected instances of Social Security fraud to the OIG’s Fraud Hotline at 1-800-269-0271 or https://oig.ssa.gov/report ”

The District Attorney identified the defendants as Edward Ian St. Hill, 52, a 16-year veteran of the NYPD currently assigned to the 71st Precinct, and Maria Ramos, AKA Sunee St. Hill, 45, of Marine Park, Brooklyn. They were arraigned today before Brooklyn Supreme Court Justice Danny Chun on a 101-count indictment in which they are charged with third-degree criminal possession of a controlled substance, second-degree grand larceny, first-degree identity theft, second-degree forgery, third-degree money laundering, first-degree scheme to defraud, fifth-degree conspiracy, and falsely reporting an incident, among various other charges. Edward Ian St. Hill was also charged with official misconduct. He was ordered held on $200,000 bond or $100,000 cash bail, and Ramos was ordered held on $50,000 bond or $20,000 cash bail. Both were ordered to return to court on November 7, 2018. They face up to 25 years in prison if convicted of the top count.

The District Attorney said that, according to the indictment, the defendants maintained the finances of Edward Ian St. Hill’s mother, Germain St. Hill, who passed away on June 4, 2016, as if she were alive. They allegedly also impersonated Germain St. Hill in numerous phone calls in a vast scheme to defraud multiple financial institutions and to take possession of controlled narcotics.

It is alleged that the defendants caused a death certificate to be generated for Germain St. Hill that bore an incorrect social security number, and never notified the proper authorities to correct the error, while continuing to collect and make use of Germain St. Hill’s Social Security and pension benefit checks, which totaled more than $38,000 and $50,000, respectively. Ramos allegedly impersonated her deceased mother-in-law in calls to Social Security and the pension fund.

Furthermore, the investigation revealed that the defendants fraudulently closed on the sale of Germain St. Hill’s home, for which they received approximately $260,000, and continued to refill Germain St. Hill’s prescription for Percocet on 14 separate occasions after she died.

Finally, the defendants allegedly attempted to steal approximately $160,000 from MetLife Insurance Company by fraudulently reporting that another family member had liquidated Germain St. Hill’s three annuity accounts without authorization. Ramos allegedly impersonated her deceased mother-in-law during follow-up phone conversations with the insurer after MetLife found that the annuities had been duly deposited in Germain St. Hill’s accounts. In attempting to pull off the complex scheme, the defendants allegedly generated and faxed a forged NYPD arrest report as well as several letters bearing an official NYPD letterhead, to MetLife, who alerted the police, triggering an investigation by the NYPD’s Internal Affairs Bureau and the Brooklyn DA’s Office.

The investigation was conducted by Sergeant Alex Nulman of the New York City Police Department, Internal Affairs Bureau, under the supervision of Lieutenant John Orecchia and Captain Joseph Profetta, also of the Internal Affairs Bureau.

The case was additionally investigated by Special Agents Jimmy Camilo and Neisha Samaroo of the Social Security Administration, Office of the Inspector General.

The case is being prosecuted by Senior Assistant District Attorney Peter Choi of the District Attorney’s Civil Rights Bureau and Senior Assistant District Attorney Laura Neubauer of the District Attorney’s Frauds Bureau, under the supervision of Assistant District Attorney Kelli Muse, Deputy Chief of the Civil Rights Bureau, and the overall supervision of Assistant District Attorney Patricia McNeill, Deputy Chief of the District Attorney’s Investigations Division.

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

FOR IMMEDIATE RELEASE
Wednesday, September 12, 2018

 

Three Gang Members Sentenced in Connection with the Shooting Death of
Carey Gabay During J’ouvert Celebration in 2015

Took Part in Gun Battle on Crowded Street Where At Least Nine Guns Were Fired

Brooklyn District Attorney Eric Gonzalez today announced that three gang members have been sentenced in connection with the death of Carey Gabay, an aide to Governor Cuomo, who was fatally shot outside the Ebbets Field Houses in Crown Heights on Labor Day 2015.

District Attorney Gonzalez said, “In Brooklyn, we will continue to fight against senseless gang violence that in this instance led to the tragic death of Carey Gabay, an innocent, bright young man with a loving family and a promising future. I hope that Mr. Gabay’s family is able to take some solace in the measure of justice delivered with today’s sentences.”

The District Attorney identified the defendants as Micah Alleyne, 26, of Jamaica, Queens; Kenny Bazile, 33, of Canarsie, Brooklyn; and Stanley Elianor, 27, of Brownsville, Brooklyn. Alleyne and Bazile were convicted of second-degree manslaughter and second-degree criminal possession of a weapon. Elianor was convicted of first-degree reckless endangerment. The defendants were convicted following a jury trial before Brooklyn Supreme Court Justice Vincent Del Giudice, who today sentenced Alleyne to 20 to 30 years in prison, Bazile to 20 to 25 years in prison, and Elianor to three and a half to seven years in prison.

Another defendant, Tyshawn Crawford, 23, previously pleaded guilty to charges relating to the shooting of Mr. Gabay in exchange for a promised sentence of 14 years in prison.

The District Attorney said that, according to trial testimony, the incident took place during the early morning hours of September 7, 2015 in front of 1680 Bedford Avenue, which is part of the Ebbets Field Houses in Crown Heights. At the time of the shooting, the patio and street in front of the building were filled with hundreds of people, many of whom were celebrating J’ouvert, a traditional predawn festival that precedes the annual West Indian American Day Parade.

The building’s large patio was known to be controlled by the Folk Nation street gang, which has been engaged in a years-long war with the 8-Trey faction of the Crips gang, among others. Due to heightened tensions and despite the annual celebration, there were numerous armed gang members in the area that morning with the intention of shooting at rivals on sight, the evidence showed.

At about 3:40 a.m., a group of 8-Trey members walked up from Montgomery Street, apparently heading toward the J’ouvert procession on Empire Boulevard, about two blocks to the south. Their presence in “enemy territory” sparked a gun battle between Folk Nation members and their affiliates, who were shooting from the street and the patio, and the 8-Trey members who fired from the street before fleeing north. An estimated two to three dozen shots were fired in two consecutive volleys from at least eight firearms, according to the evidence.

At the same time, Carey Gabay, 43, a first deputy counsel for the Empire State Development Corporation and a former assistant counsel to New York Governor Andrew Cuomo, was walking north on Bedford Avenue with his brother and a couple of friends after attending the J’ouvert procession. They happened upon the front of the patio just as the gun fight broke out. The group ran to a parking lot located between the patio and the street and ducked near parked cars. A bullet struck Mr. Gabay in the head and he was taken to Kings County Hospital Center, where he died on September 15, 2015.

The District Attorney thanked the following KCDA staff for their assistance in the investigation and trial: Senior Executive for Law Enforcement Operations Gregory A. Thomas, Counselor Michel Dilone of Victim Services, Paralegals Jacqueline Murphy and Gabriella Said, and Senior Digital Forensic Analyst Jason Lee of Information Technology.

The case was prosecuted by Senior Assistant District Attorneys Emily Dean and Olatokunbo Olaniyan of the District Attorney’s Homicide Bureau, and Senior Appellate Attorney Seth Lieberman, under the supervision of Timothy Gough, Bureau Chief, and Mark Feldman, Senior Executive Assistant District Attorney for Crime Strategies and Investigations.

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FOR IMMEDIATE RELEASE
Thursday, September 6, 2018

 

Four Defendants Indicted for Conspiring to Steal Personal Information from Bank Customers Using Skimming Devices and Hidden Cameras

Defendants Allegedly Stole Debit and Credit Card Information and Personal Identification Numbers from Customers Using Bank Automated Teller Machines in Southern Brooklyn

Brooklyn District Attorney Eric Gonzalez today announced that four Brooklyn residents have been arraigned on a 391-count indictment for allegedly stealing personal information from bank customers and using it to create forged credit and debit cards, stealing more than $12,000 from financial institutions in Sheepshead Bay, Coney Island, Brighton Beach, and Midwood.

District Attorney Gonzalez said, “These defendants allegedly engaged in an intricate scheme to steal thousands of dollars from financial institutions. We will now seek to hold them responsible. In Brooklyn, we are committed to protecting our financial institutions and their customers from scams such as this.”

The District Attorney identified the defendants as Sergiu Panusescu, a.k.a., Manu Rocca, 36; Artur Mereacre, 33; Domitru Donciu, 30; and Aleksandr Popovici, 32, all of Sheepshead Bay, Brooklyn. They were arraigned before Brooklyn Supreme Court Justice Martin Murphy on a 391-count indictment in which they are charged with fifth-degree conspiracy, criminal possession of forgery devices, third- and fourth-degree grand larceny, petit larceny and criminal possession of a forged instrument in the second- and third-degree. They were ordered to return to court on October 23, 2018. Bail was continued at $75,000 cash or $35,000 bond for Rocca; $20,000 cash or $10,000 bond for Mereacre; $20,000 cash or $10,000 bond for Donciu; and $10,000 cash or $5,000 bond for Popovici.

The District Attorney said that, according to the indictment, between February 12, 2017 and July 17, 2018, the defendants allegedly sought to obtain debit and credit card information, bank account information and personal identification numbers from ATM customers using electronic devices – skimmers and video cameras – attached to or near a bank ATM.

It was part of the conspiracy for the defendants to install skimming devices inside of the card reader slots of ATM machines to record the information encoded on the magnetic strip on the back of any bank card inserted into the ATMs which contained a skimmer device. Additionally, the defendants allegedly placed a hidden video camera upon or near the ATMs containing skimming devices, with the hidden camera pointing at the area of the PIN pad to record and capture the PINs when they were being entered by the bank card customers onto the ATM’s PIN pad.

The District Attorney said that, according to the indictment, the defendants allegedly synchronized the records obtained from the skimmer device with the input of the corresponding PIN by the customer captured by the hidden video camera. The defendants used their own card or a “sync card” that was easily identified to synchronize video of the captured PIN with the magnetic strip data associated with the same sync card.

The defendants then removed the skimmer devices and video cameras at a later time. The information unlawfully obtained from those skimmer devices and video cameras was then used to create forged debit and credit cards.

In addition to the forged debit and credit cards derived from the skimmer devices and cameras installed by the defendants, the defendants obtained other separate forged debit cards with account information encoded on the magnetic strips of the cards and the corresponding PINs hand written on the back of each card.

Furthermore, the District Attorney said, from April 29, 2018 to May 13, 2018, the defendants the defendants used the cards to obtain approximately $12,772 cash from Chase Bank.

Finally, the District Attorney said, approximately 183 forged, or re-encoded, debit and credit cards, five skimmer devices, three pin hole cameras, and over $60,000 in cash were recovered from the defendants’ home last month during the execution of search warrants.

The investigation was conducted by New York City Police Officer Michael McCaffrey, of the Financial Crimes Task Force, Identity Theft Squad, with the assistance of Detective Timothy Finn, Detective James Lilla and Detective Edrian Irizarry, also of the Financial Crimes Task Force, Identity Theft Squad, under the supervision of Sergeant Christopher Doty, Lieutenant David Cagno and Deputy Inspector Christopher Flanagan.

The case was additionally investigated by Assistant District Attorney Nicole Manini, of the District Attorney’s Green Zone Trial Bureau, with the assistance of Assistant District Attorney Michael Pesin-Virovets, Paralegal Aurora Martinez and Legal Intern Aneesa Osborne.

The case is being prosecuted by Assistant District Attorney Nicole Manini, of the District Attorney’s Green Zone Trial Bureau, with the assistance of Senior Assistant District Attorney Charles Guria, under the supervision of Assistant District Attorney Glenn Singer and Assistant District Attorney James Lin, Deputy Chiefs of the Green Zone, under the overall supervision of Assistant District Attorney David Klestzick, Chief of the Green Zone Trial Bureau.

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

 

FOR IMMEDIATE RELEASE
Tuesday, September 7, 2018

 

Man Sentenced to 25 Years to Life for 2004 Murder of 17-Year-Old Bushwick Girl

DNA Found on Victim’s Fingernails Led to Conviction 14 Years After Homicide

Brooklyn District Attorney Eric Gonzalez today announced that a 40-year-old man was sentenced to 25 years to life in prison for the 2004 murder of Sharabia Thomas, a teenager from Bushwick, Brooklyn. A DNA analysis of cells found on the victim’s fingernails, conducted in 2016, was a match to the defendant, leading to his arrest and conviction.

District Attorney Gonzalez said, “Thanks to DNA technology and hard work by Cold Case detectives and my prosecutors, we were able to obtain justice for Sharabia and bring a small measure of closure to her loved-ones, who have been waiting many years. I am determined to continue looking back into the past to hold violent offenders responsible for their crimes and to promote public safety.”

The District Attorney identified the defendant as Kwauhuru Govan, 40, formerly of Gates Avenue in Bushwick, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Joanne Quinones to 25 years to life in prison following his conviction last month of second-degree murder after a jury trial.

The District Attorney said that, according to trial testimony, the naked body of Sharabia Thomas, 17, was discovered on the afternoon of February 11, 2004 inside two laundry bags on the side of an alleyway adjacent to 130 Palmetto Street in Bushwick. The victim suffered blunt force trauma to her head, face and torso and had visible ligature marks on her wrists and ankles. The cause of death was determined to be asphyxia by neck compression.

The investigation determined that Sharabia did not go to school that day and was last seen alive earlier that morning when her siblings left for school. DNA testing in 2004, using swabs from the sexual assault evidence kit, yielded no results.

In June 2016, the NYPD’s Cold Case Squad and the District Attorney’s Cold Case Unit requested that fingernail clippings taken from the victim at the time of the autopsy be located and tested for DNA. A full male profile was developed from DNA that was discovered on multiple nails from both hands, the evidence showed. It was uploaded to the national DNA database which is maintained by the FBI and matched the defendant, whose DNA was entered into the database following a 2014 arrest for an armed robbery in Polk County, Florida.

The defendant was arrested in November 2016 upon his release from a Florida prison and was subsequently extradited to Brooklyn. In a statement, the defendant, who resided about two blocks from Sharabia’s home in 2004, denied knowing the victim.

A notebook found in his prison belongings contained a sketch of a chair-like device, designed by the defendant, that is meant to restrain women during sexual encounters. The ligature markings found on the victim matched the restraints in the design.

The defendant is also facing a separate indictment for the 2005 murder of 19-year-old Rashawn Brazell. That case is pending.

The case was investigated by New York City Police Department Detectives Evelin Guiterrez and Jason Palamara of the NYPD Cold Case Squad, under the supervision of Lieutenant David Nilsen and Lieutenant Dennis Klein of the NYPD Cold Case Squad.

The case was prosecuted by Senior Assistant District Attorney Leila Rosini, of the District Attorney’s Homicide Bureau, and Assistant District Attorney Danielle Reddan, of the District Attorney’s Grey Zone Trial Bureau, under the supervision Assistant District Attorney Timothy Gough, Homicide Bureau Chief, and Rachel Singer, Chief of the District Attorney’s Cold Case Unit.

 

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FOR IMMEDIATE RELEASE
Tuesday, September 7, 2018

 

 Brooklyn District Attorney Announces New Program to 
Erase Misdemeanor Marijuana Convictions

As the Vast Majority of Such Cases are No Longer Being Prosecuted in Brooklyn,  
DA Will Consent to Defense Counsel Motions to Vacate Past Convictions

First Opportunity to File Motions Will Be During Begin Again Event on
September 21-22, When Marijuana-Related Warrants and Other Summons Warrants 
Will Be Cleared; Community-Based Consultation Sessions to Follow

Brooklyn District Attorney Eric Gonzalez today announced that his Office will offer those with a low-level conviction for marijuana possession the opportunity to erase that criminal record completely in the first initiative of its kind in New York State. Under this program, anyone convicted of low-level marijuana possession (PL 221.15, PL 221.10 or PL 221.05) will be eligible to file a motion asking to vacate that conviction and dismiss the underlying charge. The District Attorney’s Office will consent to that motion.

The program – which is one of the recommendations DA Gonzalez adopted as part of his Justice 2020 Initiative – will run in partnership with The Legal Aid Society, Brooklyn Defender Services, Brooklyn Law School and the Center on the Administration of Criminal Law at NYU School of Law. The first opportunity for individuals to get legal consultation and fill in the motion will take place during an upcoming Begin Again event on September 21-22, 2018. Additional community-based sessions will be held periodically in the coming months. Those eligible will not have to appear in court when a judge decides to vacate their past convictions on a later date. This program follows DA Gonzalez’s decision to stop prosecuting all but the most egregious cases involving possession and smoking of small amounts of marijuana.

District Attorney Gonzalez said, “As we move away from criminalizing low-level possession and use of marijuana, we cannot forget those who carry a conviction for conduct that is no longer being prosecuted. That criminal record can seriously impede a person’s ability to get a job, education, housing and other important services. It is only fair to relieve these individuals of that burden and allow them to turn over a new leaf and move on with their lives. I encourage anyone who may be eligible for this important relief to take advantage of this opportunity.”

New York City Public Advocate Letitia James said, “Far too often, arrests for committing low-level offenses follow our young people – mostly black and brown men – throughout their lives, causing them to lose out on critical resources they need to survive. This new initiative allows for individuals who have misdemeanor marijuana convictions to get the fresh start they deserve. I thank Brooklyn District Attorney Eric Gonzalez for his leadership in ensuring New York City is on the path to becoming a fair and equal City for all.”

Kassandra Frederique, New York State Director at the Drug Policy Alliance, said, “It is encouraging to see the Brooklyn DA take this much-needed step to address the legacy of New York’s marijuana arrest crusade. Addressing low-level marijuana arrest records that continue to haunt New Yorkers for decades is a critical component of marijuana policy reform that truly acknowledges the immense harm caused by prohibition. We hope this proactive shift by DA Gonzalez will spark similar efforts from District Attorneys across the state. Marijuana legalization is coming, but we don’t have to wait for legalization to begin efforts to correct the serious harms that communities and individuals experienced because of biased enforcement.”

Dawn Ryan, Attorney-In-Charge of the Brooklyn Trial Office at The Legal Aid Society, said, “Today’s announcement from the Brooklyn District Attorney will afford thousands an opportunity to start anew who were struggling with the blemish of a marijuana conviction on their record. This is very much an encouraging step towards righting the wrongs of the failed war on drugs that has primarily targeted communities of color. We look forward to working with the DA’s Office on this important initiative over the coming weeks and months.”

Lisa Schreibersdorf, Executive Director of Brooklyn Defender Services, said, “Brooklyn Defender Services is pleased to work with the Brooklyn District Attorney’s office to begin eliminating past convictions for marijuana possession. We look forward to actively pursuing vacating of these past cases, so members of the Brooklyn community are no longer prevented from getting jobs and stop facing serious consequences like disqualification from student loans or deportation.”

Courtney Oliva, Executive Director of the Center on the Administration of Criminal Law, said, “The Center is proud to partner with and support the Brooklyn DA in his Office’s efforts to help communities remove barriers to employment, housing and other important benefits by erasing past marijuana convictions. We hope that this necessary step is taken by other prosecutorial offices and agencies.”

Kate Mogulescu, Co-Director of the Center for Criminal Justice at Brooklyn Law School, said, “The Center for Criminal Justice recognizes this effort as an important step in eliminating the significant obstacles faced by individuals who have been arrested, and have criminal records, for marijuana possession.  The burden of decades of policing of low-level marijuana offenses has fallen squarely on communities of color and caused disenfranchisement and marginalization. Brooklyn Law students, faculty and staff look forward to working with the Brooklyn District Attorney’s Office and our defender colleagues to bring this critical relief to as many people as possible.”

Under the new program, those with a past conviction for one of the specified offenses will meet with a defense lawyer, who will counsel them and assist in filling out a motion. After a review by the DA’s Office, the case will subsequently be called in court, where the DA’s Office will consent to the motion and ask that the conviction be vacated, and the underlying charge dismissed. Individuals will also have the option of waiving their appearance in court if they so choose. Exceptions to eligibility include individuals with other convictions for certain violent felonies or sex offenses. It is estimated that about 20,000 people have been convicted in Brooklyn for one of the specified offenses since 1990.

The first opportunity to meet with a defense lawyer and fill out the motion to vacate will be at a Begin Again event that will be held on September 21^st and 22^nd between 9 a.m. and 3 p.m. in Lenox Road Baptist Church at 1356 Nostrand Avenue in Brooklyn. Additional sessions will be held periodically in future dates.

The District Attorney announced that during the event – in which people with outstanding summons warrants are encouraged to show up and safely clear those warrants – he will also vacate 3,438 open summons warrants stemming from marijuana offense that were issued before September 1, 2018. The DA said that, as the NYPD adjusts its enforcement policies of low-level marijuana offenses, he intends to clear the deck in Brooklyn and erase outstanding warrants. In that spirit, the DA encouraged individuals with misdemeanor warrants stemming from marijuana-related arrests to show up at the upcoming Begin Again to get advice on clearing those warrants as well.

For more information about Begin Again, visit http://www.brooklynda.org/begin-again

Starting in the spring of 2018, the DA gradually expanded his policy of not prosecuting low-level marijuana possession cases to include cases involving smoking in public, which are charged under the same statutes as possession (PL 221.10 and 221.05). The only individuals currently prosecuted for these offenses are those who pose a threat to public safety (e.g. driving with burning marijuana), create a genuine nuisance (e.g. smoking on public transportation or in a schoolyard where children are exposed to smoke) or are involved in violent criminal activity (i.e. “drivers of crime”).

Following the policy change, the number of marijuana possession cases that were accepted for prosecution this year declined from 349 in January to 29 in June – a drop of 91.6%. Cases that were declined prosecution now stand at over 70% of arrests and the number of arrests over that time period also decreased by about 60%. In July and August, less than a dozen such cases per month were accepted for prosecution. DA Gonzalez has called for the issuance of civil summonses as a response to low-level marijuana use and possession, as opposed to criminal summonses that make up the current response to most low-level marijuana offenses.

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