About Ernest Johnson

FOR IMMEDIATE RELEASE
Friday, November 17, 2017

 

Canarsie Woman and Her Nephew Arraigned on Indictment for Murder of
91-Year-Old Bedford-Stuyvesant Man during Home Invasion Robbery

Face Up to 25 Years to Life in Prison if Convicted; Third Suspect Still at Large

Acting Brooklyn District Attorney Eric Gonzalez today announced that a Canarsie woman has been arraigned on an indictment in which she is charged with the murder of Waldiman Thompson, 91, during a home invasion robbery in Bedford-Stuyvesant last month. The defendant’s nephew is also charged with the murder and was arraigned on the indictment earlier this week.

Acting District Attorney Gonzalez said, “This defendant betrayed the trust of an elderly couple who allowed her access to their home. Instead of helping them with errands and housekeeping, as she was hired to do, we allege that she callously set them up to be robbed by her nephew and his accomplice. We intend to seek justice for Waldiman Thompson and his wife, Etheline.”

The Acting District Attorney identified the defendant as Suzette Troutman, 45, of East 92nd Street in Canarsie, Brooklyn. She was arraigned today before Brooklyn Supreme Court Justice Neil Firetog on an indictment in which she is charged with one count of second-degree murder, one count of first-degree attempted assault, one count of second-degree assault, one count of first-degree burglary, one count of second-degree burglary and one count of endangering the welfare of a child. She was ordered held without bail and to return to court on February 2, 2018. She faces up to 25 years to life in prison if convicted.

The Acting District Attorney said that, according to the investigation, on October 11, 2017, at approximately 3:30 p.m., at 160 Decatur Street, in Bedford-Stuyvesant, Etheline Waldman, 100, and her husband, Waldiman, 91, were inside their home when Etheline was restrained by an intruder who tied her arms and legs and covered her head. Defendant Dwayne Blackwood and another man who had allegedly broken into the house told her to shut up or they would kill her.

The Acting District Attorney said that, according to the investigation, after the men left the house she was able to free herself. Her husband was on the floor restrained with a cord and with a sheet over his head. He was later pronounced dead.

It is alleged that Troutman, who shopped and kept house for the couple, came up with the plot to rob them and enlisted her nephew, Dwayne Blackwood, 27, and another man, and that she waited outside in a vehicle, with a 3-year-old child, and drove her accomplices away from the scene after the robbery. Blackwood was arraigned on the same indictment on Tuesday, November 13, 2017, and ordered held without bail. The third suspect has not been apprehended yet.

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

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

 

FOR IMMEDIATE RELEASE
Friday, November 17, 2017

 

Two Men Charged in Connection with
Courtyard Shooting that Killed Two Innocent Women

Fired at Group of about 20 People; Apprehended in South Carolina

Acting Brooklyn District Attorney Eric Gonzalez today announced that two young men have been charged with murder and weapons possession in connection with a July shooting inside a courtyard in Bedford Stuyvesant, Brooklyn, which claimed the lives of two mothers who were struck by stray bullets.

Acting District Attorney Gonzalez said, “These defendants displayed an utter and complete disregard for human lives when they allegedly shot up a courtyard that was crowded with people. Predictably, they struck two innocent bystanders, young women who left behind daughters, friends and loved ones. We have now apprehended the defendants, brought them back to Brooklyn and intend to hold them accountable for the ruthless shooting they allegedly committed.”

The Acting District Attorney identified the defendants as Nazir Saunders, 20, of Harlem and Anthony Alexander, 18, of Bedford Stuyvesant. They were arraigned early today in Brooklyn Criminal Court on charges of second-degree murder and second-degree criminal possession of a weapon. The defendants were held without bail and ordered to return to court on November 22, 2017. They each face up to 50 years to life in prison if convicted of the top count.

The Acting District Attorney said that, according to the investigation, on July 12, 2017 at about 9:30 p.m., the defendants entered the courtyard of 750 Gates Avenue in Bedford Stuyvesant, which is part of the Stuyvesant Gardens Houses. A group of about 20 people were hanging out inside the location at the time.

It is all alleged that the defendants started shooting, firing a total of nine bullets, three from a .45-caliber gun and six from a .380-caliber. They missed their intended targets and fatally struck two women who were in the courtyard. Chynna Battle, 21, mother of a 3-year-old daughter, was hit in the head, and Shaqwanda Staley, 29, mother of a 9-year-old daughter, suffered a gunshot wound to the back.

Both defendants were arrested in South Carolina on October 31, 2017.

The case is being prosecuted by Senior Assistant District Attorney Leila Rosini, of the District Attorney’s Homicide Bureau, under the supervision of Assistant District Attorney Timothy Gough, Bureau Chief.

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

 

FOR IMMEDIATE RELEASE
Friday, November 17, 2017

 

East New York Man Sentenced to 40 Years in Prison
For Fatally Shooting Man during Road Rage Argument

Defendant Fired Gun into Car with Passengers

Acting Brooklyn District Attorney Eric Gonzalez today announced that a 25-year-old Brooklyn man was sentenced to 40 years in prison for possessing an illegal gun and shooting into a car during a road rage argument in August 2013, killing one of the passengers.

Acting District Attorney Gonzalez said, “The defendant’s unprovoked and violent actions robbed a family of their loved one who had his whole future ahead of him and left his brother without his twin. This defendant will now spend many years in prison for senselessly taking another man’s life.”

The Acting District Attorney identified the defendant as Steven Sidbury, 25, of East New York, Brooklyn. He was sentenced today by Brooklyn Supreme Court William Harrington to 40 years in prison and five years’ post-release supervision. The defendant was convicted of first-degree manslaughter and second-degree criminal possession of a weapon earlier this month following a jury trial.

The Acting District Attorney said that, according to the investigation, on August 18, 2013, at approximately 4:30 a.m., the defendant and his friends were jaywalking at the intersection of New Lots Avenue and Van Siclen Avenue in East New York. At that time, Dimitress Garcia, of East New York, attempted to drive through the intersection with his twin brother, and a family friend, Shimron Brooks, in the car. A verbal argument ensued between the parties in which the defendant’s friend threatened the passengers in the vehicle. Shortly thereafter, the defendant took out a gun and fired at least twice into the car, fatally striking Dominique “Domo” Garcia in the head. Dimitress drove his brother directly to Brookdale Hospital, where Dominique, 22, was pronounced dead, approximately 12 hours later.

The defendant was arrested on August 22, 2013, after members of the NYPD, on routine patrol, observed the defendant outside the Linden Houses in East New York. As the officers approached, the defendant fled and a firearm fell out of his pocket and onto the ground. The recovered firearm was compared to ballistics recovered from the homicide of Dominque Garcia and it was determined that the firearm was the same firearm used to kill Dominique Garcia.

The case was prosecuted by Senior Assistant District Attorney Sara R. Kurtzberg, of the District Attorney’s Homicide Bureau, and Assistant District Attorney Chelsea Toder, of the District Attorney’s Trial Bureau Blue Zone, under the supervision of Assistant District Attorney Timothy Gough, Homicide Bureau Chief.

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FOR IMMEDIATE RELEASE
Wednesday, November 15, 2017

 

Fifth Alleged Gunman Indicted for the Murder of
Carey Gabay during J’ouvert Celebration in 2015

Previously Charged with Possessing Machine Gun at Scene;
New Evidence Shows he Allegedly Took Part in Gun Battle between
Warring Gangs in Crowded Street Where at least Eight Guns were Fired

Acting Brooklyn District Attorney Eric Gonzalez today announced that a fifth man has been charged with the murder of Carey Gabay outside the Ebbets Field Houses in Crown Heights, Brooklyn, on Labor Day 2015. Like the other defendants, who allegedly engaged in mutual combat during the early morning shootout, the latest defendant, previously charged with weapons possession, is being held equally responsible and was also indicted for murder.

Acting District Attorney Gonzalez said, “We have made a promise to the family of Carey Gabay to hold accountable everyone who took part in the shootout that took his life. With this indictment, we have taken another step in keeping this promise and we will not rest until every person who brazenly fired a gun during that devastating incident – creating a killing field amid a crowded celebration – is brought to justice.”

The Acting District Attorney identified the defendant as Stanley Elianor, 26, of Brownsville, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Vincent Del Giudice on an indictment in which he is charged with second-degree murder, four counts of second-degree criminal possession of a weapon and first-degree reckless endangerment. He was ordered held without bail. The defendant faces a maximum sentence of 40 years to life in prison if convicted of the top count with which he is charged.

The defendant was previously arraigned in October 2015 on an indictment that charged him with criminal possession of a weapon for allegedly having a loaded machine gun at the scene. Further investigation revealed that he allegedly also fired a small caliber gun, inciting additional violence as warring gang members engaged in a gun battle.

In June 2016, Micah Alleyne, 26, of Jamaica, Queens; Tyshawn Crawford, 22, of East New York, Brooklyn; and Keith Luncheon, 25, of Crown Heights, Brooklyn were indicted for murder and related charges for their alleged role in the shooting. A fourth defendant, Kenny Bazile, 32, was indicted on similar charges in September 2016.

The Acting District Attorney said that, according to the investigation, 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 investigation found.

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 investigation.

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 a week later on September 15, 2015.

Elianor has been indicted for depraved indifference murder under the theory of mutual combat, as were the four other co-defendants, meaning that the alleged gunmen all entered into a de-facto agreement to engage in a gun battle. Under this theory, all are equally responsible for the murder, regardless of who fired the bullet that struck Mr. Gabay, and a claim of self-defense does not apply.

The case was investigated by New York City Police Department Detective Lorraine Winters of Brooklyn South Homicide Squad, Detective Sambath Ouk and Detective Raymond Weng of the 71st Precinct and Detective Michael Gaynor of the Brooklyn South Homicide Squad, under the supervision of Lieutenant Chris Marrow, 71st Precinct Squad Commander, Lieutenant Christopher Minogue of the Brooklyn South Homicide Squad, Captain Nicholas Fiore of Brooklyn South Detectives, Deputy Chief Vincent DiDonato, Assistant Chief Patrick Conry and the overall supervision of Chief of Detectives Robert Boyce.

The case is being prosecuted by Senior Assistant District Attorneys Emily Dean and Olatokunbo Olaniyan of the District Attorney’s Homicide Bureau, 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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An indictment is an accusatory instrument and not proof of a defendant’s guilt.

 

FOR IMMEDIATE RELEASE
Wednesday, November 15, 2017

 

Brooklyn Construction Company, Long Beach Owner with Public Contracts To Forfeit $2.5 Million After Pleading Guilty to Underpaying Workers

Defendants Allegedly Paid Less than the Prevailing Wage;
Five Victims to Receive Over $700,000

Acting Brooklyn District Attorney Eric Gonzalez, together with New York City Department of Investigation Commissioner Mark G. Peters, today announced that a Brooklyn-based construction company and its owner have pleaded guilty to grand larceny for stealing over $700,000 from workers by failing to pay the prevailing wage on public works projects. The projects were financed by the New York City School Construction Authority and other government agencies.

Acting District Attorney Gonzalez said, “These defendants got lucrative public works contracts and then shamefully stole money from their own employees. In Brooklyn, we will not allow hard-earned wages to be stolen from hardworking employees. This decision to steal wages turned out to be a very costly theft for these defendants and should serve as notice to others considering cheating employees that they will be prosecuted.”

Commissioner Peters said, “This Brooklyn company and its owner won public contracts but their criminal conduct makes them no better than common swindlers stealing wages from their workers. These guilty pleas will mean this company and its owner are disqualified from doing school construction business. It is an important message to the entire construction industry: Cheat your employees of their proper wages and there will be serious consequences including arrest and loss of business. We will continue to work side-by-side with the Brooklyn District Attorney to stop prevailing wage fraud and recover workers’ stolen wages.”

New York State Comptroller Thomas P. DiNapoli said, “MSR inflated its contract costs and submitted phony bills in an attempt to defraud the public. Thanks to my office’s investigation and partnership with Kings County District Attorney Gonzalez, this fraud was exposed and the taxpayers’ money recovered. I will continue to partner with the Kings County District Attorney and law enforcement statewide to expose corruption and protect taxpayer resources at all levels of government.”

New York State Department of Financial Services Superintendent Maria T. Vullo said, “This defendant’s alleged actions and deceit deprived the State Insurance Fund of significant payments, impacting both employers and the injured workers who rely on the fund. Insurance fraud is not a victimless crime. It drives up workers’ compensation costs and the cost of doing business in New York State. Everyone pays. DFS is proud to have assisted the Kings County DA in this investigation.”

The Acting District Attorney identified the defendants as Michael Riglietti, 50, of Long Beach, New York, and his company MSR Electrical Construction Company, previously located at 31 Bay Street in Red Hook, Brooklyn. Both pleaded guilty today to second-degree grand larceny and to violating the prevailing wage requirements of the New York State Labor Law before Brooklyn Supreme Court Justice Danny Chun. Riglietti will be sentenced to five years’ probation and the company will receive a conditional discharge. Both will be debarred from public works contracts for five years and agreed to forfeit $2.5 million. Of that amount, over $700,000 will be distributed to five workers; $500,000, including penalties, will go to the state agencies that were defrauded by misrepresentations made to the New York State Insurance Fund and to the New York State Workers’ Compensation Board; $28,000 will go to the New York City School Construction Authority for the cost of its investigation; $45,739 will go to the Office of the New York State Comptroller for the cost of its investigation; and the remainder will be forfeited to the District Attorney’s Office. The defendants will be sentenced on March 28, 2018.

The Acting District Attorney said that, according to the investigation, the defendants were granted 15 public works contracts from three government agencies between December 2012 and December 2015. In particular, the defendants were contracted by the NYC SCA to complete electrical work in 13 public schools including four Brooklyn schools: P.S. 164 and P.S. 767 in Borough Park, and P.S. 297 and I.S. 49 in Williamsburg. The defendants were also contracted by the New York State Office of General Services to perform work at Creedmoor Psychiatric Center in Queens, and as subcontractors by the Metropolitan Transportation Authority for services at five locations in Manhattan and Queens.

In total, the defendants stole over $700,000 in contract revenue they should have paid to employees on these projects.

Labor Law and the public works contracts required the defendants to pay prevailing wages and benefits to all employees who worked on these projects. The defendants listed variously the names of the five electricians on the certified payroll reports submitted to NYC SCA, the MTA and OGS, which asserted that the defendants had paid all workers the required prevailing wage of $54 per hour, plus benefits of $40.16-$51.86. Instead, the defendants paid their employees on average between $13.50-$25 per hour, without overtime or required benefits, pocketing over $700,000 in public funds that rightfully belonged to the five employees.

Following an initial investigation by the NYC SCA Office of the Inspector General, the case was referred to the Labor Frauds Unit of the District Attorney’s Frauds Bureau.

The Acting District Attorney thanked the New York City School Construction Authority, the New York State Office of General Services and the Metropolitan Transportation Authority for their assistance and cooperation.

The Acting District Attorney additionally thanked the New York State Comptroller’s Division of Investigations and the New York State Department of Financial Services.

The case was investigated by the New York City SCA Office of the Inspector General Intelligence Investigator Hilary Hart, Investigative Accountant Raymond Dowd, Investigator Charles Shevlin, Deputy Counsel Celeste Sharpe under the supervision of Assistant Inspector General Nicholas Scicutella, Deputy Inspector General Gerard McEnroe and Inspector General Felice Sontupe, who reports to New York City Department of Investigation Associate Commissioner James Flaherty. The case was also investigated by Operations Manager Emilio Serrano of Labor Law Compliance of NYC SCA under the supervision of Director Deborah Seidenberg; DOI thanked DOI’s monitor Doar Rieck Kaley and Mack, which alerted the Office of the Inspector General for SCA to an issue at MSR. The case was also investigated by New York City Police Detective Robert Magrino of the Asset Forfeiture Unit of the Criminal Enterprise Division, under the supervision of Sergeant Igor Galitsky and Lieutenant Charles Scalzo.

The case was further investigated by Senior Assistant District Attorney John Genovese, of the District Attorney’s Asset Forfeiture and Crimes Against Revenue Bureau, and Susan Ryan, Supervising Financial Investigator, under the supervision of Assistant District Attorney Gregory Mitchel, Bureau Chief. The Asset Forfeiture and Crimes Against Revenue Bureau initiates forfeiture proceedings to recoup illegal proceeds from offenders who have engaged in and profited from illegal activities.

The case was prosecuted by Senior Assistant District Attorney Samantha Magnani, of the District Attorney’s Frauds Bureau, under the supervision of Assistant District Attorney Dana Roth, Deputy Bureau Chief and the overall supervision of Assistant District Attorney Patricia McNeill, Deputy Chief of the District Attorney’s Investigations Division.

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FOR IMMEDIATE RELEASE
Thursday, November 9, 2017

 

Hit-and-Run Driver Indicted for Leaving the Scene
After Striking and Killing Popular Disc Jockey in East New York

Driver Slammed Into Victim as He Crossed Jamaica Avenue Following a Performance

Acting Brooklyn District Attorney Eric Gonzalez today announced that a 28-year-old man has been indicted for leaving the scene of an incident with death and tampering with evidence in connection with the 2016 hit-and-run death of DJ Jinx Paul of 97.9 La Mega.

Acting District Attorney Gonzalez said, “Instead of calling an ambulance or offering aid, this defendant heartlessly left the scene after allegedly striking and killing a beloved member of the community known to many as DJ Jinx Paul. After an exhaustive and extensive investigation a grand jury has now charged him in connection with this crime and we will seek to hold him accountable. I am determined to keep our streets safe for all pedestrians, bicyclists and drivers.”

The Acting District Attorney identified the defendant as Kevin Ozorio, 28, of Manhattan. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which he is charged with leaving the scene of an incident with a death and tampering with evidence. He was ordered held on bail of $20,000 bond or $7,500 cash and to return to court on January 10, 2018. He faces up to seven years in prison if convicted of the top charge.

The Acting District Attorney said that, according to the investigation, on December 19, 2016, at approximately 4 a.m., the defendant was behind the wheel of a 2010 Honda Accord in the vicinity of Jamaica Avenue and Sheffield Avenue in East New York, Brooklyn. The vehicle struck Jean Paul Guerrero, a.k.a., DJ Paul Jinx, 39, as he was crossing Jamaica Avenue and left the scene. A passing motorist called 911. The victim was taken to Brookdale Hospital, where he was pronounced dead.

The defendant was captured on surveillance video driving his vehicle in the vicinity of the incident, according to the investigation, and allegedly brought his car to a body shop later that day to repair a shattered windshield.

The indictment follows a lengthy investigation by the New York City Police Department and the DA’s office.

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

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

 

FOR IMMEDIATE RELEASE
Friday, November 3, 2017

 

Queens Man Indicted for Serial Sexual Attacks in Brooklyn;
Attacked Three Women during Early Morning Crime Spree

Acting Brooklyn District Attorney Eric Gonzalez today announced that a 26-year-old man has been arraigned on a 22-count indictment in which he is charged with sexually assaulting two women and attempting to assault a third woman in three separate attacks in East New York last month.

Acting District Attorney Gonzalez said, “This defendant is allegedly a serial sex offender and a violent predator who targeted women walking alone in the early morning hours. We intend to hold him fully accountable for these cowardly attacks.”

The Acting District Attorney identified the defendant as Keith Wiggins, 26, of South Ozone Park, Queens. He was arraigned today before Brooklyn Supreme Court Justice William Miller on an indictment in which he is charged with predatory sexual assault, first-degree rape, first-degree criminal sexual act, first-degree burglary as a sexually-motivated felony, first-degree sexual abuse, endangering the welfare of a child, and other charges. He was ordered held without bail and to return to court on January 10, 2018.

The Acting District Attorney said that, according to the investigation, on October 10, 2017, at 6:45 a.m., in the vicinity of 609 Fountain Avenue, the defendant allegedly approached a 29-year-old woman, removed a silver firearm from his waistband, held it to her side and walked her to the rear of the building. He then allegedly ordered her to remove her clothing, raped her, and forced her to perform a sex act, while pointing a gun at her head. He then fled the location.

It is alleged that, according to the investigation, shortly thereafter, at approximately 7:13 a.m., in the vicinity of 675 Lincoln Avenue, the defendant approached a 15-year-old girl, displayed a silver firearm and ordered her to turn around or he would shoot her. The victim fled and the defendant left the area.

Finally, it is alleged, at 8:30 a.m., in East New York, the defendant approached a 30-year-old woman, displayed a silver firearm and ordered her inside of her residence. Once inside the hallway, the defendant forced the woman to perform a sex act while pointing a gun at her head and touched her buttocks. He then fled the location.

The police tracked down the suspect attempting to return a car to a rental agency at John F. Kennedy Airport later that morning.

The case is being prosecuted by Assistant District Attorney Andrea Mauro, of the District Attorney’s Special Victims Bureau, and Assistant District Attorney Kevin O’Donnell, Deputy Bureau Chief, and the overall under the supervision of Assistant District Attorney Miss Gregory, Chief.

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FOR IMMEDIATE RELEASE
Friday, November 3, 2017

 

Brooklyn Man Sentenced to 25 Years to Life in Prison for Murder After Fatally Shooting Fellow Gang Member in Flatlands

Defendant Shot Victim As they Walked Along Street

Acting Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been sentenced to 25 years to life in prison for the shooting death of a fellow gang member who the defendant believed was stealing from other gang members.

Acting District Attorney Gonzalez said, “The defendant’s actions were deplorable and vicious. We will continue to go after all gang-related activities in Brooklyn that endanger the lives of our residents. The defendant will now spend virtually the rest of his life behind bars paying for his brazen behavior.”

The Acting District Attorney identified the defendant as Reginald Brown, 29, of Brooklyn. The defendant was sentenced today to 25 years to life in prison by Brooklyn Supreme Court Justice William Harrington, following his conviction last month on second-degree murder after a jury trial.

The Acting District Attorney said that, according to trial testimony, on November 7, 2010, at approximately 12:55 a.m., near East 48th Street and Avenue J, in Flatlands, Brooklyn, the defendant, a member of the Folk Nation street gang, was walking on East 48th Street with several other alleged gang members. Brown attempted to give a handgun to one of them and instructed him to kill fellow gang member Derron Clarke, but he refused. Brown then took the gun and fired five times at Clarke, striking him once in the neck and once in the right thigh.

Brown was angered at Clarke for allegedly stealing from other gang members, according to testimony. Following a lengthy investigation, he was arrested on April 28, 2015.

The case was prosecuted by Senior Assistant District Attorneys Yaniris Urraca and Owen Sucoff, of the District Attorney’s Violent Criminal Enterprises Bureau, under the supervision of Assistant District Attorney Nicole Chavis, Bureau Chief.

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FOR IMMEDIATE RELEASE
Monday, October 30, 2017

 

Two New York City Police Detectives Indicted for Allegedly Raping
Teenager in Coney Island After Placing Her Under Arrest

Victim was Sexually Assaulted While Being Transported in Police Van, Then Released

Acting Brooklyn District Attorney Eric Gonzalez today announced that two New York City Police detectives have been charged in a 50-count indictment for allegedly raping a teenager in a police van in Coney Island last month after handcuffing her and placing her under arrest.

Acting District Attorney Gonzalez said, “It is incomprehensible that two veteran NYPD detectives would allegedly commit such an outrageous act. They took an oath to protect and serve, but allegedly violated that oath by raping a young woman who was in their custody. We will now seek to hold them accountable for this flagrant betrayal of public trust.”

Acting District Attorney Gonzalez identified the defendants as, Detective Eddie Martins, 37, and Detective Richard Hall, 32, who were assigned to the NYPD Brooklyn South Narcotics. The defendants were arraigned today before Brooklyn Supreme Court Justice Danny Chun on a 50-count indictment in which they are charged with first-degree rape, first-degree criminal sexual act, second-degree kidnapping, official misconduct and related counts. Martins was ordered held on $250,000 bail and Hall was ordered held on $150,000 bail. Both were ordered to return to court on January 18, 2018. If convicted, they each face up to 25 years in prison.

The Acting District Attorney said that, according to the investigation, on September 15, 2017, at approximately 7:30 p.m., the defendants, who were on-duty and riding in a Dodge Caravan, working as part of a team of plainclothes detectives assigned to Brooklyn South Narcotics and conducting a buy and bust operation in the confines of the 60th Precinct, left their post without authorization and drove to Calvert Vaux Park in Gravesend, Brooklyn.

Just after 8 p.m., the officers conducted a car stop of an Infinity Coupe driven by an 18-year-old woman with two male passengers. There was a quantity of marijuana in the front seat cup holder. The officers instructed the three occupants to step out of the car and asked if they had any drugs on them, according to the investigation. The young woman responded she had marijuana and two Klonopin pills. The detectives handcuffed the woman, told her she was under arrest and would be getting a desk appearance ticket. They let her companions go and instructed them to retrieve their friend from the precinct in three hours, the evidence showed.

It is alleged that after leaving the park, the officers instructed the young woman to call her friends and tell them not to follow the minivan. Detective Martins allegedly told the young woman he and his partner are “freaks” and asked her what she wanted to do to get out of the arrest. It is alleged that Detective Martins forced the handcuffed teen to perform a sex act on him while seated in the back seat of the van as Detective Hall drove and watched through the rear view mirror. Detective Martins then allegedly raped the victim.

Furthermore, it is alleged that the defendants then stopped the van in Bay Ridge, about four miles from the park in the opposite direction of where their team was located, and switched places. Detective Martins got behind the wheel and Detective Hall got into the back seat of the van, where he allegedly forced the victim to perform a sex act on him. They then drove back to the vicinity of the 60th Precinct in Coney Island and had the victim call her friends again to tell them she was being let go. They allegedly gave her back the Klonopin pills, told her to keep her mouth shut and released her.

The victim told her friends what happened and, later that evening, was taken to Maimonides Hospital, where a sexual assault evidence collection kit was prepared. DNA recovered from the victim was a match to both of the defendants. Video surveillance shows the victim exiting the police van at approximately 8:42 p.m.

The case is being prosecuted by Assistant District Attorney Frank DeGaetano, First Deputy Bureau Chief of the District Attorney’s Special Victims Bureau, Assistant District Attorney Jennifer Nasar, of the Special Victims Bureau, Senior Assistant District Attorney Prabhalya Pulim, of the District Attorney’s Civil Rights Bureau, and Assistant District Attorney Anthea Bruffee, First Deputy Chief of the District Attorney’s Appeals Bureau, under the supervision Assistant District Attorney Kelli Muse, Deputy Chief of the Civil Rights Bureau and Assistant District Attorney Miss Gregory, Chief of the Special Victims Bureau, and the overall supervision of Assistant District Attorney Joseph P. Alexis, Chief of the Trial Division.

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

FOR IMMEDIATE RELEASE
Friday, October 27, 2017

 

Woman and Two Men Indicted for Posing as Law Enforcement and
Stealing $50,000 from Chat Line Caller in Blackmail Scheme

Allegedly Told “Lavalife” Customer he Chatted with Underage Girl;
Mastermind Orchestrated Scam while Incarcerated on Similar Charges

Acting Brooklyn District Attorney Eric Gonzalez today announced that a woman and two men from Brooklyn have been indicted in connection with a scheme to extort money from a caller to a telephone chat line for singles by posing as NYPD detectives and an Assistant District Attorney. The defendants allegedly called the victim shortly after he chatted with a woman, identified themselves as police detectives and told the victim he was in trouble for talking to an underage girl. They allegedly also placed calls from the purported girl’s mother and from a phony prosecutor while demanding payments – which eventually amounted to over $50,000 – in exchange for not arresting him.

Acting District Attorney Gonzalez said, “These defendants allegedly scammed an unwitting victim out of his retirement savings by posing as law enforcement officials. We are determined to put an end to these types of disgraceful schemes that prey on people’s potential embarrassment and unfamiliarity with the legal system. There may be more victims out there and so I am asking anyone who believes they have been similarly targeted to come forward by calling the DA’s Action Center at 718-250-2340.”

The Acting District Attorney identified the defendants as Magdalena Nixon, 42, formerly of Crown Heights, Sandy DeWalt, 53, of Bedford-Stuyvesant, and Randy Jones, 49, of Brownsville. Nixon and DeWalt were arraigned yesterday before Brooklyn Supreme Court Justice John Hecht on an indictment in which they are charged with two counts of second-degree grand larceny, three counts of second-degree coercion and one count of first-degree criminal impersonation. Jones was arraigned on the same indictment on Monday. The defendants were ordered to return to court on December 13, 2017. They face up to 15 years in prison if convicted on the top count.

The Acting District Attorney said that the scheme involved the telephone chat line “Lavalife Voice.” Callers to that line hear a recorded message the recites terms and conditions of using the service, including a requirement that participants are over 18 years of age. They are then allowed to create a profile before connecting to other singles who are on the line and might want to chat. The defendants allegedly targeted victims by setting up a profile on the chat line, which they used to “meet” male callers and obtain their phone numbers.

It is alleged that the defendants targeted a 65-year-old Queens man who used “Lavalife” on a number of occasions before July 2015, when he talked to a woman and gave her his home phone number. Shortly after the call ended, a man who identified himself as “Detective Flynch,” from the NYPD precinct in Coney Island, called the victim and told him he had been speaking to an underage girl. The supposed “detective” told the victim that he would be arrested unless he paid various ill-defined legal fees, including a settlement to the supposed girl’s mother and the cost of “therapy” for the girl. The victim also spoke to a woman who claimed to be the girl’s mother, and agreed to accept $10,000 in exchange for a release saying she would not press charges, the investigation found.

The victim was instructed to wire payments to the fictional girl’s mother, who identified herself as “Sandy DeWalt,” and on other occasions to send money to “Randy Jones.” The evidence shows that the “mother” was Nixon and the “detectives” were Jones and Nixon’s boyfriend, DeWalt.

It is further alleged that over the following months, the victim sent $10,000, in increments, to DeWalt and Jones via Western Union and MoneyGram. He would hear regularly from “Detective Flynch,” “Detective Fletcher,” or “Detective Fletcher’s partner,” as well as from the “girl’s mother,” who provided various explanations as to why she needed more money, such as her having to miss work due to her daughter’s “therapy.” When the victim balked, the “detectives” threatened in harsh terms to expose and arrest him.

At some point, the investigation found, the phony detective began telling the victim that he had to pay court fees and costs to avoid prosecution. The victim also started getting calls from a purported female prosecutor who identified herself as “ADA Sheryl McKenzie.” That was the same name Nixon used in a previous, similar scheme for which she was convicted in 2015, and received a prison sentence of two to four years. Nixon was incarcerated on that case during the present scheme but allegedly orchestrated it from behind bars, giving detailed instructions to her alleged cohorts on what to say on the calls and how to collect the funds.

The victim continued to receive threatening calls and make payments, sending a total of approximately $50,000, until October 2016, when the fake “detective” happened to say that he worked in the 109th Precinct, in the Bronx. The already-suspicious victim, who knew the 109th Precinct is actually in Queens, then changed his phone number and filed a police report.

The case was investigated by Detective Christopher Caesar, of the NYPD’s Police Impersonations Investigation Unit, under the supervision of Sergeant Dale Persaud.

The case is being prosecuted by Assistant District Attorney Elizabeth Kurtz, of the District Attorney’s Frauds Bureau, under the supervision of Assistant District Attorney Michael Spanakos, Chief of the District Attorney’s Public Integrity 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.