Press Releases

FOR IMMEDIATE RELEASE
Thursday, May 12, 2016

 

Brooklyn Man Sentenced for Stabbing Death of
Girlfriend in Residential Mental Health Facility

Defendant to Serve 25 Years to Life in State Prison

Brooklyn District Attorney Ken Thompson today announced that a 52-year-old man has been sentenced to 25 years to life in prison for stabbing to death his 48-year-old girlfriend at a residential facility for people with mental health diagnoses, where they both lived.

District Attorney Thompson said, “This defendant brutally attacked his girlfriend and left her to die in a hallway. He should now spend many years in prison to punish him and to protect society.”

The District Attorney identified the defendant as Benjamin Braxton, 52, formerly of 330 MacDougal Street, in Brownsville, Brooklyn. The defendant was sentenced today to 25 years to life in prison by Brooklyn Supreme Court Justice William Harrington. He was convicted of one count of second-degree murder last month following a jury trial.

The District Attorney said that, according to trial testimony, on May 3, 2013, at approximately 1:40 p.m., the defendant and his girlfriend of one year, Raynell Howington, 48, who were both residents of The MacDougal Street Apartments, run by Concern for Independent Living, at 330 MacDougal Street, and had met at the residence, were both in the computer room at the facility when the defendant slashed the victim numerous times with a box cutter on her neck and legs.

The defendant left the room when someone opened the door, according to testimony. Howington managed to crawl to the door and open it, at which point the defendant dragged her out into the hallway and kicked and slashed her repeatedly. That part of the attack was captured on a surveillance video in the hallway.

Howington died at the scene of neck wounds, including injuries to the trachea and right internal jugular vein. The defendant fled the scene, according to testimony, but was arrested the next day when he attempted to visit a friend at a shelter in Manhattan who saw news reports about the attack and called police.

The case was prosecuted by Senior Assistant District Attorney Joan Erskine, of the District Attorney’s Domestic Violence Bureau, under the supervision of Michelle L. Kaminsky, Bureau Chief.

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FOR IMMEDIATE RELEASE
Thursday, May 12, 2016

 

Owner of Vegan Food Business and her Husband Indicted for
Allegedly Stealing from Employees, Defrauding Investors, not Paying Taxes

Spent about $2 Million in Business Proceeds and Investments on Casinos and Luxury Items;
Failed to Pay Full Wages to 84 Workers of Pure Food & Wine and One Lucky Duck

Brooklyn District Attorney Ken Thompson today announced that a former owner of a high-end family of food companies and her husband have been arrested in Tennesse on a warrant stemming from an unsealed 24-count indictment in which they are variously charged with allegedly stealing $844,000 from four investors, shortchanging employees of more than $40,000 in wages and failing to pay over $400,000 in sales tax. The defendants instead spent about $2 million in casinos, on expensive watches and on luxury travel until their business finally closed in July 2015.

District Attorney Thompson said, “These defendants are accused of repeatedly stealing from and lying to their loyal employees and to investors who poured money into their company. They allegedly gambled away the money or spent it lavishly while leaving everyone else in the lurch. They were finally caught and we intend to now hold them accountable for this outrageous thievery and fraud.”

The District Attorney identified the defendants as Sarma Melngailis, 43, and Anthony Strangis, 35, both of East 21^st Street in Manhattan, and Melngailis’s companies, including One Lucky Duck Holdings LLC, located at 630 Flushing Avenue in Bedford-Stuyvesant, Brooklyn. They were apprehended in Sevierville, Tennessee on Tuesday and are currently awaiting extradition. They will be arraigned on a later date on a 24-count indictment in which they are variously charged with second-degree grand larceny, second-degree criminal tax fraud, first-degree scheme to defraud, violation of labor law and related counts. The defendants face up to 15 years in prison if convicted of the top count with which they are charged.

The District Attorney said that Melngailis was the owner of companies that sold plant-based, raw food and other organic products. In 2004, she opened Pure Food & Wine, an upscale vegan restaurant, as well as a juice bar, in Manhattan. In 2010 she added One Lucky Duck juice bar in Manhattan and in 2012 established the One Lucky Duck raw food production center and Internet sales office in Brooklyn. She ran all the companies from 630 Flushing Avenue as one interconnected enterprise. Beginning around 2013, Melngailis’s husband, Strangis, whom she introduced to staff as “Shane Fox,” became a regular presence at the companies and exercised authority over the business, the investigation found.

From January 2014 to January 2015, according to the indictment, Melngailis transferred over $1.6 million from the business accounts to her personal bank account. Strangis spent nearly $1 million of these funds at Foxwoods Resort Casino in Connecticut, over $200,000 at the Mohegan Sun Resort Casino in Connecticut, over $80,000 at specialty watch retailers, including Rolex and Beyer, over $70,000 at hotels in Europe and New York and over $10,000 on Uber car rides. He also withdrew hundreds of thousands of dollars in cash.

During that time, Melngailis was no longer physically present at her companies, but told staff via emails she was working to grow and expand the business. She was unable to pay employees in April, May, July, August and November 2014, according to the indictment. In August 2014, Strangis (as “Shane Fox”) held a staff meeting and made numerous false statements, including a claim that he was in the process of buying the company “on paper.” In January 2015, paychecks bounced, leaving 98 workers without pay. They refused to work, despite the owner’s urgings, and the business closed.

Beginning in February 2015, Melngailis asked former patrons to invest in her company to restart the business. In the course of those discussions, she falsely stated that she had to withdraw money in 2014 to help her mother, the investigation found. Based on her representations, four people invested a total of $844,000 and she used some of this money to pay back former employees and settle other bills. In April 2015, Pure Food & Wine and One Lucky Duck’s Brooklyn location reopened.

To reassure the investors, Melngailis told them she was negotiating a sale of the entire business to a wealthy man named “Michael Caledonia.” That individual also told investors he was planning to buy them out and was going over the business finances. After meeting with “Caledonia” in May 2015, one of the investors discovered that he was actually Strangis, according to the indictment.

By June 2015, Melngailis had allegedly transferred over $400,000 from the business accounts to her personal account. She withdrew over $100,000, transferred over $300,000 to Foxwoods on behalf of her husband and charged nearly $25,000 in the Connecticut casinos, according to the investigation. When employees’ paychecks bounced again, she sent them texts and emails promising to fix everything and threatening to fire anyone who refused to work, the investigation found. In July 2015, the employees shuttered the company for good. The defendants allegedly defrauded 84 workers of up to $3,500 each for a total of over $40,000.

In addition, Melngailis and her corporations failed to remit the required sales tax to the State of New York from the beginning of 2014 through the demise of the business for a total of sales tax due of $409,987.56, according to the indictment.

The defendants left New York in the summer of 2015 and were tracked to Las Vegas, Louisiana and Tennessee.

The case was investigated by Detective Investigator Jennifer Burgos and Financial Investigator Rosa Velasquez, under the supervision of Supervising Detective Investigator Robert Addonizio and the overall supervision of Deputy Chief Edwin Murphy.

The tax crimes were investigated by Tax Auditor I Shumaila Qureshi, under the supervision of Tax Auditor III Ron Chan,  both of the Criminal Investigations Division of the New York State Department of Taxation and Finance.

The case is being prosecuted by Meredith McGowan, Deputy Chief of the District Attorney’s Labor Fraud Unit and Assistant District Attorney Heidi Bausk, under the supervision of Felice Sontupe, Chief of the Frauds Bureau, and the overall supervision of Executive Assistant District Attorney William E. Schaeffer, Chief of the Investigations Division, and Patricia McNeill, Deputy Chief.

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FOR IMMEDIATE RELEASE
Thursday, May 12, 2016

 

Brooklyn District Attorney Ken Thompson Announces Dismissal
Of Charges against Postal Carrier Glen Grays

“In the interest of justice I asked the Court to dismiss the disorderly conduct charge against Glen Grays, which resulted from his arrest on March 17, 2016. Mr. Grays was working his postal route in Crown Heights when he was arrested and put in handcuffs, following a driving incident involving undercover police officers.”

 

 

 

 

 

 

 

FOR IMMEDIATE RELEASE
Thursday, March 10, 2016

 

Brooklyn D.A. Moves to Vacate the Wrongful Conviction of Andre Hatchett
Who Was Convicted of Murdering Acquaintance in 1991 in Bed-Stuy Park

Brooklyn District Attorney Ken Thompson today announced that following a thorough investigation by his Conviction Review Unit he will move to vacate a second-degree murder conviction against Andre Hatchett, 49, who was wrongfully convicted of the charge following a jury trial. Hatchett is presently incarcerated and serving a sentence of 25 years to life in prison on this case.

District Attorney Thompson said, “After a thorough and fair review of this case by my Conviction Review Unit, I’ve concluded that, in the interest of justice, Andre Hatchett’s murder conviction should not stand and that he should be released from custody immediately.”

The District Attorney’s Office will move to vacate the conviction, in the presence of Mr. Hatchett, today at 2:15 p.m., before Brooklyn Supreme Court Justice Matthew D’Emic at 320 Jay Street, 15^th floor.

The District Attorney described the facts of the case as follows: On February 18, 1991, at approximately 11 p.m., police officers assigned to the 81^st precinct responded to a 911 call of an unconscious woman in Monroe Street Park (now known as Reinaldo Selgado Playground) in the Bedford-Stuyvesant section of Brooklyn. They discovered a female lying face up on the ground near the handball courts. The victim was identified as Neda Mae Carter, 38, who was deceased, completely nude, and very badly beaten about the face, head and neck.

The medical examiner’s office later determined the cause of death to be ligature strangulation and blunt trauma about the head; it was also determined that the victim had been dragged a distance due to abrasions on her knees, hip and shoulder. Her body was positioned in a particular fashion with her arms splayed straight out from her body at 90 degree angles, her legs straight, close together and crossed at the ankle, similar to a crucifixion position.

Detectives soon thereafter visited the victim’s mother, Zella Mae Carter, with whom she lived, and learned that Neda Mae had left home at approximately 9:30 p.m. that night, and that she was with Andre Hatchett.

The sole eyewitness to testify in the case was Jerry Williams, a career criminal who testified that he and another woman were walking in the park that night and heard what sounded like a woman screaming. They walked in the direction of the scream, saw someone on the ground and a man standing over that person and asked what was going on. The man yelled at them to leave and mind their own business. They left the park and Williams’ companion, Yvette Hopkins, called 911, but the two left before the police arrived.

Williams was arrested for an unrelated burglary on February 25, 1991, in the 81^st precinct, and while in custody at the station house told police that he recognized another suspect, who was in custody at the same time for an unrelated robbery, as someone he saw commit a murder in Monroe Street Park a week earlier.

That man was investigated and it was determined that the suspect Williams pointed to had a solid alibi and could not have committed the murder.

Williams’ later viewed a lineup and picked out Andre Hatchett as the killer, testifying that he recognized him from soup kitchens in the area and knew him to be a crack addict.

Hatchett’s first trial ended in a mistrial after the judge determined there was ineffective assistance of counsel. The second trial resulted in a conviction on second-degree murder charges and Hatchett was sentenced to 25 years to life in prison.

Upon reviewing the conviction, the CRU found that the defendant was deprived of his due process rights based on several issues, including Brady violations, because his defense was never notified by prosecutors that Williams initially positively identified another man as the killer and that Williams told detectives he and Hopkins both smoked crack on the day of the murder. In fact, the prosecutor in the case asked Williams if he smoked crack on the day of the murder during the second trial and he perjuriously claimed he had not.

The CRU also determined that although Hatchett had been shot in the legs and trachea six months before the murder, causing him to use two crutches to get around and significantly weakening his voice, his medical condition had not been brought out by his defense lawyer at trial. This evidence is important because the medical examiner testified that the blows to the victim’s head required a significant degree of physical force, that there was a violent struggle and that the victim’s body was dragged and arranged in a certain position with her head propped up against a tree. This would have been difficult given Hatchett’s physical condition in 1991. It would also be difficult for the defendant to shout loudly at Williams and Hopkins and for his voice to carry across the park as Williams testified.

The severe nature of the Brady violations in this case, coupled with the undisclosed unreliability of the People’s lone identifying witness, prevents the CRU from supporting the integrity of the conviction.

The District Attorney said that his Conviction Review Unit examined the case because it was brought to their attention by The Innocence Project.

To date, the work of the Conviction Review Unit, which is led by Assistant District Attorney Mark Hale, has resulted in 19 convictions being vacated. In addition, the CRU has found that of the cases reviewed thus far, 38 convictions are just and will not be recommended to be vacated.  Approximately 100 cases are pending review.

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FOR IMMEDIATE RELEASE
Tuesday, February 23, 2016

 

Brooklyn D.A. Moves to Vacate the Wrongful Conviction of Vanessa Gathers
Tried for Murder – Convicted of Manslaughter – Spent 10 Years in Prison;
First Woman Exonerated by Conviction Review Unit

Brooklyn District Attorney Ken Thompson today announced that following a thorough review by his Conviction Review Unit, he will move to vacate a manslaughter conviction against Vanessa Gathers, 58, who was wrongfully convicted of the charge following a 1998 jury trial.

District Attorney Thompson said, “After a thorough and fair review of the case by my Conviction Review Unit and the Independent Review Panel, I have concluded that, in the interest of justice, the manslaughter conviction obtained against Vanessa Gathers should not stand and that she should be given back her good name.”

The District Attorney’s Office will move to vacate the conviction, in the presence of Ms. Gathers, today at 2:15 p.m., before Brooklyn Supreme Court Justice Matthew D’Emic at 320 Jay Street, 15^th floor.

The District Attorney described the facts of the case as follows: On November 18, 1991, Michael Shaw, 71, called 911 and reported that he had been assaulted and robbed inside of his apartment located at 170 New York Avenue in Crown Heights. He was taken to a hospital by ambulance where he underwent two operations to stop the bleeding in his brain. He lapsed into a post-surgical coma and died on April 21, 1992. The cause of death was determined to be blunt force trauma to the head.

The case was classified as a robbery on November 23, 1991 and was investigated by detectives assigned to the 77^th precinct, to no avail. Following Mr. Shaw’s death, it was classified as a homicide and assigned to Detective Louis Scarcella of Brooklyn North Homicide and others. Detective Scarcella and his partner approached Vanessa Gathers on the street on May 18, 1992, because she fit the description of one of the assailants. She denied being involved in the robbery and assault but identified another woman who may have committed those crimes. She was released without being charged.

Five years later, in 1997, following further investigation, Gathers was questioned again by Detective Scarcella and gave a confession. Her confession was the sole evidence against her at trial. She was convicted in 1998 and imprisoned, then released to parole on March 2, 2007, after spending 10 years in prison and completed her parole in 2012.

After examining all of the facts and circumstances of the case against Gathers it was determined by the CRU that there is substantial evidence that she made a false confession based, in part, on the defendant’s inability to articulate her role in the assault; perceived inaccuracies in the statement itself; and the lack of details in the statement. The CRU found that the complete lack of a coherent narrative in the defendant’s confession combined with apparent factual errors, amount to reasonable doubt in the validity of the confession itself.

The District Attorney said that his Conviction Review Unit examined the case because it was one of approximately 72 cases in which retired Detective Louis Scarcella was involved.

Gathers, 58, is the first woman to have her conviction vacated by the CRU.

To date, the work of the Conviction Review Unit, which is led by Assistant District Attorney Mark Hale, has resulted in 18 convictions being vacated. In addition, the CRU has found that of the cases reviewed thus far, 38 convictions are just and will not be recommended to be vacated.  Approximately 100 cases are pending review.

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FOR IMMEDIATE RELEASE
Monday, May 2, 2016

 

Brooklyn District Attorney Moves to Vacate 20th Wrongful Conviction

Will Seek Dismissal of Murder Conviction in Connection With
The 1963 Shooting Death of Artist in Crown Heights

Brooklyn District Attorney Ken Thompson today announced that, as a result of a thorough investigation by his Conviction Review Unit, he will move to vacate a second-degree murder conviction against Paul Gatling, 81, who pleaded guilty during trial to escape a possible death penalty.

District Attorney Thompson said, “Paul Gatling repeatedly proclaimed his innocence even as he faced the death penalty back in the 60s. He was pressured to plead guilty and, sadly, did not receive a fair trial. Today, 52 years later, he will be given back his good name and receive justice here in Brooklyn, where he once called home.”

Today at 2:15 p.m., the District Attorney’s Office will move to vacate the conviction in the presence of Mr. Gatling before Brooklyn Supreme Court Justice Dineen Riviezzo at 320 Jay Street, Part 14, 17^th floor.

The District Attorney described the facts of the case as follows: On October 15, 1963 at approximately 8 p.m., police officers assigned to the now-former 80^th Precinct responded to a report that a man had been murdered inside of his home, located at 1480 Bedford Avenue in Crown Heights, Brooklyn. The officers discovered the victim, Lawrence Rothbort, 43, a local painter and sculptor, lying face down in a pool of blood. He died of a gunshot wound to the chest.

The victim’s pregnant wife, Marlene, and their two children were present in the kitchen with Mr. Rothbort at the time of the shooting.  Mrs. Rothbort informed the officers that her family had just finished dinner when a “Negro” man holding a shotgun walked into their first floor art gallery/apartment and demanded money. The victim refused and was shot once in the chest. An eyewitness observed the intruder walk out of the building and continue down Bedford Avenue. Mrs. Rothbort provided her description of the intruder to a police sketch artist, and the police canvassed the area for a month, but could never recover the murder weapon or find possible suspects.

On November 15, 1963, detectives questioned Paul Gatling, 29, after questioning Grady Reaves over the course of several days. Reaves told police that he saw Gatling in the vicinity of the murder at the time of the shooting.

Gatling’s conviction relied heavily on the eyewitness testimony of Reaves and Mrs. Rothbort. However, Reaves had been a cooperating witness in multiple cases and is known to have committed perjury at least once. Reaves testified that on the night in question he and a companion, Joseph Hardy, were outside  his home when he heard what sounded like a car backfire, and claims he saw the defendant crossing an intersection on Bedford Avenue. Approximately 30 to 45 minutes later he said the defendant approached Hardy and himself inquiring about the Rothbort murder.

Mrs. Rothbort, who was nine months pregnant when she testified at trial, said that Gatling was the man who shot her husband, despite failing to identify him out of a line-up prior to trial. The victim’s 7-year-old son testified as an unsworn witness and said he could recognize the intruder, but that the man who killed his father was not in the courtroom. No physical evidence connected Gatling to the crime.

Gatling’s defense attorney and family urged him to plead guilty to second-degree murder towards the end of his trial to avoid the death penalty, and fearing the jury sympathized with the pregnant widow. After getting assurances from his attorneys and family that they would continue to look for the real killer, the defendant pleaded guilty to escape death row. He was sentenced to 30 years to life in prison in October 1964 after a hearing on a motion to withdraw his plea was denied.

In December 1973, on his last day in office, Governor Nelson Rockefeller commuted the defendant’s sentence at the urging of the Legal Aid Society, which had taken up his case. Gatling’s sentence was commuted and he was released from prison in January 1974.

After reviewing all of the facts and circumstances of the case, the CRU determined that the defendant was deprived of his right to a fair trial based on several issues, including Rosario and Brady violations. The defense was never provided with key police reports concerning the murder, including a description of the shooter as being around 17 to 20 years old, and was never informed of Reaves’ repeated use as a prosecution witness and prior perjury.

The CRU investigated the case after receiving a letter from Gatling. To date, the work of the Conviction Review Unit, which is led by Assistant District Attorney Mark Hale, has resulted in 20 convictions being vacated. In addition, the CRU has found that of the cases reviewed thus far, 38 convictions are just and will not be recommended to be vacated. Approximately 100 cases are pending review.

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FOR IMMEDIATE RELEASE
Thursday, April 2, 2015

 

Brooklyn District Attorney Moves to Vacate Weapons Conviction Stemming
From 1988 Shooting Following Re-Examination by Conviction Review Unit

Brooklyn District Attorney Ken Thompson today announced that following a thorough review by his Conviction Review Unit, he will move to vacate a second-degree criminal possession of a weapon conviction against Carlos Davis, who was convicted of the charge following a 1991 jury trial.

Carlos Davis, 45, was charged with second-degree murder and second-degree criminal possession of a weapon for the September 17, 1988, shooting death of Norris Williams in the vicinity of Cozine Avenue, between Hendrix Street and Schenck Avenue, in East New York, during a confrontation between two separate groups of young men. He was acquitted of the murder charge but convicted of the weapons charge on February 8, 1991. On March 5, 1991, he was sentenced to seven and one-half to 15 years’ incarceration, and released from custody in March 1997.

After examining all of the facts and circumstances of the case against Davis it was determined that the sole witness who testified against him at trial lied about her identity, including her name and address; contradicted grand jury testimony of several eyewitnesses who later refused to testify at trial; may have had an undisclosed relationship with the victim’s brother; and came forward only after a judge warned prosecutors mid-trial that she would be dismissing the case for lack of evidence.

The CRU investigation concluded that the defendant’s attorney lacked the opportunity to effectively cross-examine the sole incriminating witness against him by her intentional concealment of her identity. Coupled with her last-minute appearance at trial and inconsistencies in her testimony, it is recommended the conviction be vacated.

The District Attorney said that his Conviction Review Unit examined that case because it was one of approximately 70 cases in which retired Detective Louis Scarcella was involved. The investigation, however, concluded there was no wrongdoing by Detective Scarcella and that he played no part in bringing the last-minute witness forward.

To date, the work of the Conviction Review Unit, headed by Harvard Law Professor Ronald S. Sullivan, Jr., has resulted in ___ convictions being vacated, and one appeal being dropped.  In addition, the CRU has found that of the cases reviewed thus far, ___ convictions are just and will not be recommended to be vacated.  Approximately 100 cases are pending review.

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FOR IMMEDIATE RELEASE
Tuesday, May 10, 2016

 

Baltimore Man Sentenced to 25 Years in State Prison for
Shooting Rampage in Bedford-Stuyvesant that Left Three People Injured

Defendant Fired Nine Times on Residential Block

Brooklyn District Attorney Ken Thompson today announced that a 27-year-old man was sentenced to 25 years in prison for striking three people after opening fire on a Bedford-Stuyvesant street.

District Attorney Thompson said, “It is truly remarkable that more innocent people weren’t injured or even killed when this defendant pulled out a gun and callously fired nine shots, in broad daylight, in a residential area. He deserves to spend a very long time behind bars for his outrageous and criminal behavior.”

The District Attorney identified the defendant as Cush Wright-El, 27, of Baltimore, Maryland. He was today sentenced to 25 years in prison by Brooklyn Supreme Court Justice Suzanne Mondo. The defendant was convicted of one count of second-degree attempted murder, two counts of first-degree assault, one count of second-degree criminal possession of a weapon and one count of first-degree reckless endangerment following a jury trial last month.

The District Attorney said that, according to trial testimony, on October 1, 2014, at approximately 5:45 p.m., in the vicinity of Pulaski Street and Stuyvesant Avenue, the defendant, dressed in a dark hooded sweatshirt, approached William Mayo, 57, and his nephew, Kayshawn Mayo, 16, as they played a game of chess and opened fire, striking the older man in the ankle and the teenager in the shoulder and back, and grazing his head.

Furthermore, according to trial testimony, the defendant then ran down the street and continued firing, striking bystander Judith Daniel, 61, in the right leg, foot and left calf. William Mayo’s nephew, Demetrious Mayo, 28, got into his car and followed the defendant, allegedly ramming into him. The defendant was arrested and a .40 caliber weapon was recovered in a hooded jacket. Nine shell casings were recovered at the scene of the shooting.

The case was prosecuted by Assistant District Attorney Timothy Gough, Chief of the District Attorney’s Grey Zone Trial Bureau, with the assistance of Assistant District Attorney Krystyn Tendy, also of the Grey Zone.

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FOR IMMEDIATE RELEASE
Friday, May 6, 2016

 

Brooklyn Man Sentenced to 17 Years to Life for
Shooting Two Victims, One Fatally, after Altercation

Shot Victim Three Times Following Confrontation on Sunset Park Stoop

Brooklyn District Attorney Ken Thompson today announced that a 25-year-old Brooklyn man was sentenced to 17 years to life in prison for the murder of another man whom he shot to death after they had a confrontation in Sunset Park, Brooklyn. Another victim was shot in the leg.

District Attorney Thompson said, “This defendant opened fire on a residential block, killing a man and wounding another. We will not tolerate this type of gun violence on our streets and will ensure that those who kill and injure others will be held accountable and sent to prison for many years.”

The District Attorney identified the defendant as Valentin Torres, 25, of 538 82^nd Street in Bay Ridge, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Alan Marrus to 17 years to life in prison following his conviction on April 8, 2016 on charges of second-degree murder, second-degree assault and second-degree criminal possession of a weapon after a jury trial.

The District Attorney said that, according to trial testimony, at approximately 1 a.m. on August 25, 2013, the defendant was sitting outside 744 39^th Street in Sunset Park, Brooklyn when he was approached by Johnny Rosado, 35. The two got into a fight over a comment the defendant purportedly made to a woman, according to testimony.

The defendant pulled out a revolver and fired the gun multiple times, striking Rosado three times and also hitting another man in the leg, according to witnesses. The defendant was arrested in New Jersey about two weeks later.

The case was prosecuted by Assistant District Attorney Melissa Carvajal, Deputy Bureau Chief of the District Attorney’s Homicide Bureau, under the supervision of Kenneth Taub, Chief.

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FOR IMMEDIATE RELEASE
Friday, May 6, 2016

 

Brooklyn District Attorney’s Office Announces
Creation of New Young Adult Bureau

Will Handle Misdemeanor Cases against Defendants Ages 16-24;
First Such Court in New York State and Second in the Nation Funded by DOJ Grant

Brooklyn District Attorney Ken Thompson today announced the creation of a Young Adult Bureau that will operate in the newly-formed Brooklyn Young Adult Court, in partnership with the Office of Court Administration and the Center for Court Innovation. The new specialized court – the first in New York State – will handle all misdemeanor cases of defendants between the ages 16 and 24, offering risk-needs assessments, counseling and services tailored to the specific requirements of that particular age group, including substance abuse, mental health, anger management, GED, vocational and internship programs.

District Attorney Thompson said, “Young adult offenders who enter the criminal justice system are at a higher risk of re-offending after being incarcerated. Many return to our society, not rehabilitated, but as hardened criminals. Recognizing that, our Office, in partnership with the Center for Court Innovation, applied for a grant and created a specialized Brooklyn Young Adult Bureau that will offer young misdemeanor offenders who may be facing incarceration the appropriate help and services they may need to help set them on the right path and avoid a prison sentence. I would like to thank the U. S. Department of Justice for providing funding, the Center for Court innovation for their partnership in providing services, and the Office of Court Administration and our other partners in this endeavor for their commitment to making this smart prosecution initiative a reality.”

Chief Administrative Judge Lawrence Marks said, “This is one more example of the criminal justice system working together to implement an innovative approach to low-level criminal activity. By focusing on young adults charged with low-level offenses, this new court part seeks to identify the underlying problem that led these cases to come into court, and develop an age-appropriate solution to address that underlying problem. Research has shown that young people are more amenable to rehabilitation. Ensuring that these individuals are referred to appropriate services and programs will lower recidivism and help them go on to become productive, law-abiding adults. I applaud District Attorney Ken Thompson for his strong support of this program and his leadership in establishing a special bureau within his office that complements the new young adult court part.”

Director of Operations at the Center for Court Innovation Adam Mansky said, “The Brooklyn Young Adult Court represents a powerful shift in how the criminal justice system treats young adults. Bringing together all parties—the judge, Kings County District Attorney’s office, Brooklyn Defender Services, and Legal Aid Society—the Young Adult Court will use evidence-based decision-making to reduce unnecessary incarceration for young people and connect them to meaningful social services. The initiative expands on research indicating that targeted and tailored interventions for young adults – a group developmentally distinct from older adults—can significantly reduce recidivism and promote public safety.”

The District Attorney said that the Brooklyn Young Adult Court (BYAC) will begin operations at a dedicated court part in Brooklyn Criminal Court, located at 120 Schermerhorn Street. It will be presided over by Judge Craig S. Walker, under the leadership of Supervising Judge Michael Yavinsky and the overall supervision of Chief Administrative Judge Lawrence K. Marks and will handle cases involving defendants between the ages of 16 to 24 who are charged with misdemeanors, with an eye toward expanding to low-level felonies in the future. The new Bureau will be headed by Bureau Chief Johanne Macajoux and consist of several assistant district attorneys, two paralegals and a Project Coordinator.

A ceremony to dedicate the new court part will be held on Friday, May 6, 2016 at 1 p.m. in Brooklyn Criminal Court, 120 Schermerhorn Street, 10^th floor.

Funding for the BYAC was provided through a Smart Prosecution grant of $425,000 awarded last fall to the Brooklyn District Attorney’s Office and the Center for Court Innovation (CCI) by the United States Department of Justice to create and operate the first Young Adult Court in New York State, with the only other similar model in the country located in San Francisco.

The grant recognized that while 18- to 24-year-olds comprise just 10% of the U.S. population, they account for almost 30% of criminal arrests. Young adults are more likely to be sent to prison for violent and property crimes than any other age group and have the highest propensity of re-arrest and return to prison than any other age group. They are also victims of crimes at twice the rate of the general population and face more severe consequences from conviction and incarceration, such as problems in securing employment, education and housing.

Furthermore, studies show that young adults in this age group have brains that are not fully developed, which can lead them to make poor choices and struggle with impulse control. Those with histories of trauma, neglect, poverty, foster care, substance abuse, mental health needs and learning disabilities are even less likely to have healthy brain and psychological development and are more likely to engage in criminal behavior.

The Brooklyn District Attorney’s Office and its partners recognize that these young offenders require a new and individualized approach to prosecution to set them on the right path, decrease recidivism and enhance public safety. Achieving these objectives is the goal of the Brooklyn Young Adult Court.

The program will build on the model of the Red Hook Community Justice Center, where alternative sentencing and case-specific resolutions are being implemented successfully. The prosecution unit will work closely with a cross-agency team that will include CCI, the Legal Aid Society, Brooklyn Defender Services, the Defense Bar, the New York Police Department and the Department of Probation to ensure defendants’ compliance. CCI will also conduct a formal impact evaluation and create technical assistance tools that could be adopted nationally.

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