Statement of Brooklyn District Attorney Ken Thompson Regarding Manhattan Summons Initiative

 FOR IMMEDIATE RELEASE
Tuesday, Month 01, 2016

 

Statement of Brooklyn District Attorney Ken Thompson
Regarding Manhattan Summons Initiative

“I applaud this effort to focus our limited law enforcement resources on more serious offenses, but I have said repeatedly that we must deal head on with our broken summons court system and the 1.1 million open arrest warrants for everyday New Yorkers who committed minor, low-level offenses. I created my Begin Again Program to help the people of our city get relief from these warrants that pose an impediment to jobs, education and housing and to strengthen the relationship between law enforcement and the community.”  

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Brooklyn Man Sentenced to Up to 32 Years in Prison for Brutal Attack of Pregnant Ex-Girlfriend, Causing Death of Unborn Child

 FOR IMMEDIATE RELEASE
Tuesday, March 1, 2016

 

Brooklyn Man Sentenced to Up to 32 Years in Prison for Brutal Attack of Pregnant Ex-Girlfriend, Causing Death of Unborn Child

Defendant Received Maximum Term Allowed by Law

Brooklyn District Attorney Ken Thompson today announced that a Crown Heights man has been sentenced to up to 32 years in prison for brutally attacking his ex-girlfriend, who was almost seven months pregnant, resulting in the death of her unborn child.

District Attorney Thompson said, “Torey Branch deserves to spend every day of the next 27 years locked away in a prison cell for his cowardly, brutal and simply inhumane attack on a pregnant woman that caused the victim to suffer horrific injuries, left her unconscious and needing two blood transfusions—all because he did not want her to have their baby.”

The District Attorney identified the defendant as Torey Branch, 35, of 1414 Bergen Street, Crown Heights, Brooklyn. The defendant was today sentenced by Brooklyn Supreme Court Justice Alexander B. Jeong to a determinate sentence of 25 years in prison on the charge of first-degree burglary and an indeterminate sentence of 2 1/3-7 years in prison on the charge of first-degree abortion; he ordered the sentences to run consecutively. The defendant was also sentenced to one year in prison on the charge of third-degree assault to run concurrent.  The defendant was found guilty of first-degree abortion, first-degree burglary and third-degree assault following a jury trial last month.

According to trial testimony, the defendant and victim had a nine-year relationship during which time the victim became pregnant. The defendant expressed that he did not want a child and became angry at the victim’s decision to follow through with the pregnancy.

On March 28, 2014, the victim and defendant agreed to meet at the victim’s Brooklyn residence. At approximately 1:15 p.m., as the victim entered into her apartment building, surveillance video shows she was followed inside by two masked men, one of whom has not been apprehended.  Once inside, the two masked men choked and punched the victim about the head and body and then repeatedly hit the victim’s pregnant stomach, eventually knocking the victim unconscious.

According to trial testimony, the victim identified one of the masked men as the defendant when she heard him say “move, move” during the attack and recognized his voice. The victim was hit approximately 22 times and suffered severe injuries including an orbital fracture. Her unborn child died in utero a few hours after the attack.

A search of the defendant’s cell phone, according to testimony, revealed approximately 51 incriminating online searches including “can being hit in the stomach cause a miscarriage” and “what happens if you punch a pregnant woman in the stomach.” The searches occurred between January 19, 2014 and March 9, 2014 — approximately three weeks prior to the attack.

The case was investigated by Detective Kenneth Anderson of the New York City Police Department’s 75th Precinct.

The case was prosecuted by Assistant District Attorney Joanna Lettieri, of the District Attorney’s Domestic Violence Bureau, under the supervision of Assistant District Attorney Edward Purce, Deputy Bureau Chief and under the overall supervision of Michelle Kaminsky, Bureau Chief.

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Brooklyn Man Sentenced to 30 Years to Life for Killing 79-Year-Old Bystander Outside Bedford-Stuyvesant Barbershop

 FOR IMMEDIATE RELEASE
Friday, February 26, 2016

 

Brooklyn Man Sentenced to 30 Years to Life for Killing
79-Year-Old Bystander Outside Bedford-Stuyvesant Barbershop

Fired Gun at Two Rivals and Struck Innocent Man

Brooklyn District Attorney Ken Thompson today announced that a 22-year-old Brooklyn gang member was sentenced to 30 years to life in prison for the 2011 shooting death of a 79-year-old innocent bystander who was struck in the neck as he stood outside a barbershop when the defendant fired his gun at two rivals.

District Attorney Thompson said, “This defendant opened fire in the middle of a busy street in broad daylight, killing an innocent elderly man. We will not allow gang members to settle their scores by shooting guns in our streets and the long sentence this defendant deservedly received shows our commitment to vigorously prosecute anyone who does.”

The District Attorney identified the defendant as Breeze King, 22, of 465 Lexington Avenue in Bedford-Stuvesant, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Guy Mangano to 30 years to life in prison, following his conviction on January 28, 2016 on charges of second-degree murder and second-degree criminal possession of a weapon after a jury trial.

The District Attorney said that, according to trial testimony, on September 28, 2011 at about 5:30 p.m., the defendant, who is a gang member, encountered two rivals on the street and opened fire on them. One of the targets ran into a barbershop at 358 Marcus Garvey Boulevard in Bedford-Stuyvesant. Andrew Burke, 79, who was standing in front of the barbershop, was struck in the neck and died from the gunshot wound.

A witness who came forward about a year after the incident identified the defendant as the shooter, according to the investigation. Another witness testified that the defendant admitted his role to him when they were both jailed on Rikers Island.

The case was prosecuted by Assistant District Attorneys Leila Rosini and Adam Uris of the District Attorney’s Violent Criminal Enterprises Bureau, under the supervision of Nicole Chavis, Chief, and the overall supervision of Executive Assistant District Attorney William E. Schaeffer, Chief of the District Attorney’s Investigations Division.

 

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67-Year-Old Man Convicted for Murder of 23-Year-Old Brooklyn Father; Defendant Stabbed Victim During Dispute

FOR IMMEDIATE RELEASE
Friday, February 26, 2016

 

67-Year-Old Man Convicted for Murder of 23-Year-Old Brooklyn Father;
Defendant Stabbed Victim During Dispute

Brooklyn District Attorney Ken Thompson today announced that a 67-year-old man has been convicted of second-degree murder for the 2013 stabbing death of a Brooklyn man in Sunset Park. He was also convicted of second-degree assault for stabbing a man who tried to aid the victim.

“District Attorney Thompson said, “This defendant murdered a young father of two and now will spend most of the rest of his life behind bars.”

The District Attorney identified the defendant as Juan Ramos, 67, of 239 55th Street in Sunset Park, Brooklyn. He was convicted today of one count second-degree murder and one count second-degree assault following a jury trial before Brooklyn Supreme Court Justice Vincent Del Giudice. The defendant will be sentenced on March 10, 2016 at which time he faces up to 25 years in prison.

According to trial testimony, on September 29, 2013, at approximately 3 p.m., the defendant fatally stabbed Giovanni Rodriguez-Arias following an argument. The victim, 23, was stabbed in the stomach and arm with a knife hidden beneath the defendant’s sweater. The victim was transported to a nearby hospital where he was pronounced dead. A second victim was stabbed in the hand while attempting to resolve the dispute.

Shortly after the incident, the defendant was identified by the New York Police Department as a suspect in Mr. Rodriguez-Arias’ fatal stabbing and a wanted poster with the defendant’s photo was released to the public. Following a tip, the defendant was apprehended on the roof of a Sunset Park building.

The case was investigated by Detective Elson Winchester and Detective Albert Lamoglia of the New York City Police Department’s 72nd Precinct.

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

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Twenty-Two Defendants Named in Two Separate Indictments For Operating Heroin and Cocaine Trafficking Rings in Williamsburg

 FOR IMMEDIATE RELEASE
Thursday, February 25, 2016

 

Twenty-Two Defendants Named in Two Separate Indictments
For Operating Heroin and Cocaine Trafficking Rings in Williamsburg

Larger of the Two Conspiracies Regularly Operated Out of South 4th Street Barbershop;
Sales and Distribution of Approximately $1 Million a Year

Brooklyn District Attorney Ken Thompson, together with New York City Police Commissioner William J. Bratton, today announced that 22 defendants have been variously charged in two separate indictments with conspiracy, sale and possession of controlled substances for allegedly selling cocaine and heroin in Williamsburg.

District Attorney Thompson said, “Drug dealers peddle poison that kills our neighbors, degrades our communities and frequently leads to violence. I have no tolerance for these activities and we will continue to aggressively prosecute these important cases.”

Commissioner Bratton said, “These drugs often cause deadly addiction and bring even more deadly violence. Today, Williamsburg is a little bit safer.”

The District Attorney said that the larger of the two indictments involves 18 defendants charged in a 157-count indictment for selling cocaine and heroin in the vicinity of South 5th Street and Keap Street, including often congregating at the L & L Barbershop on South 4th Street and allegedly storing drugs in an office within the barbershop. The investigation was conducted using electronic, video and physical surveillance.

The indictment charges that between August 18, 2015 and February 18, 2016, the defendants conspired to possess and sell heroin and cocaine in Brooklyn, Manhattan and Suffolk County. It is alleged that defendants Armando Baez, Radames Lopez, Juan Perez and Christopher Rodriguez, obtained and stored the narcotics in bulk, supervised the repackaging of the narcotics for resale to each other and to wholesale and retail customers, negotiated the terms of the specific sales and sold or directly supervised the drug sales. Fifteen of the sales took place within 1,000 feet of a school, including Public School 120 on Beaver Street, Public School 287 on Navy Street and the Bright Horizons Day Care Center on Kent Avenue.

It is alleged that Baez, Lopez, Perez and Rodriguez stored, prepared and repackaged the narcotics in a series of “safehouses,” including some of their residences and at the L & L barbershop. They and the other defendants allegedly conducted anywhere from 20 to 40 transactions a day, with sales and distribution of approximately $1 million a year. Customers allegedly called the defendants’ cell phones or texted them to arrange to meet.

Most of the defendants were arraigned yesterday before Brooklyn Supreme Court Justice Bruce Balter. They are variously charged with first-, second-, third-, fourth- and fifth-degree criminal sale of a controlled substance; third-, fourth- and fifth-degree criminal possession of a controlled substance and second- and fourth-degree conspiracy. The top counts, first-degree criminal sale of a controlled substance and first-degree criminal possession of a controlled substance, are A-I felonies that carry a penalty of up to 20 years in prison. All of the defendants are charged with fourth-degree conspiracy, an E felony which carries a penalty of four years in prison.

The District Attorney said that, in the second indictment, which was unsealed this morning, four defendants are charged with making narcotics sales, including crack cocaine, heroin and marijuana, to undercover police officers during the course of the investigation, between June 3, 2015 and January 8, 2016.

The investigation began following numerous complaints about drug activity in and around 417 Lorimer Street in Williamsburg, and the shooting of Andrew Sanchez. Sanchez was shot in front of that address in what was believed to be a drug-related shooting.

According to the investigation, the defendants each sold the drugs they had and if they did not have the type of drugs requested they would get them from another of the defendants. Among the defendants charged in the indictment are two members of the same family: Juan Pedraza, and his son, Juan Pedraza Jr. The Pedrazas both live at 417 Lorimer Street.

The defendants were arraigned yesterday before Brooklyn Supreme Court Justice Shawndya Simpson on a 38-count indictment in which they are variously charged with third-degree criminal sale of a controlled substance and third-degree criminal possession of a controlled substance, both class B felonies punishable by up to nine years in prison and fourth-degree criminal sale of marihuana, a class A misdemeanor punishable by up to one year in jail.

The investigation leading to the 157-count indictment was conducted by New York City Police Department Detective Paul Molinaro of the Brooklyn North Gang Squad, under the supervision of Sergeant Ryan Gillis and the overall supervision of Captain Stephen Espinoza.

The case is being prosecuted by Assistant District Attorneys Elizabeth Kowell, Chloe Aquart and Angela Weir, of the District Attorney’s Grey Zone Trial Bureau, under the supervision of Assistant District Attorney Timothy G. Gough, Bureau Chief, and Assistant District Attorney Christopher P. Blank, Chief of the District Attorney’s Organized Crime and Racketeering Bureau, and the overall supervision of Executive Assistant District Attorney William E. Schaeffer, Chief of the Investigations Division and Assistant District Attorney Patricia McNeill, Deputy Chief.

The investigation leading to the 38-count indictment was conducted by New York City Police Department Detective Brian DePalo, Detective Sean Finnegan and Detective John Gamble, of the Narcotics Borough Brooklyn North, Major Case Unit, under the supervision of Lieutenant William Buchanan, Sergeant Robert Maloney and the overall supervision of Inspector Joseph Kenny.

The case is being prosecuted by Assistant District Attorney Maria Park, of the District Attorney’s Violent Criminal Enterprises Bureau, under the supervision of Nicole Chavis, Bureau Chief, and the overall supervision of Executive Assistant District Attorney William E. Schaeffer, Chief of Investigations, and Assistant District Attorney Patricia McNeill, Deputy Chief.

DEFENDANT ADDENDUM: 

  1. Juan Acevedo, dob: 10-24-89, 184 South 2nd Street, Brooklyn, NY.
  2. Christopher Rodriguez, dob: 9-12-91, 258 Grand Street, Brooklyn, NY.
  3. Santo Heredia, dob: 4-9-1993, 160 1st Street, Brooklyn, NY.
  4. Geraldine Collado, dob: 9-25-1988, 50 North 5th Street, Brooklyn, NY.
  5. Tevin Gonzalez, dob: 11-21-1991, 393 Hewes Street, Brooklyn, NY.
  6. Britny Bermudez, dob: 6-5-1996, 247 South 3rd Street, Brooklyn, NY.
  7. Samuel Gutierrez, dob: 9-7-1998, 932 Myrtle Avenue, Brooklyn, NY.
  8. Jose Araujo, dob: 9-28-1986, 329 Lexington Avenue, Brooklyn, NY.
  9. Radames Lopez, dob: 10-23-1986, 28 Fleet Walk, Brooklyn, NY.
  10. Armando Baez, dob: 3-18-1998, 393 South 3rd Street, Brooklyn, NY.
  11. Joshua Bisono, dob: 9-28-1990, 392 South 5th Street, Brooklyn, NY.
  12. Jesse Bisono, dob: 6-29-1994, 392 South 5th Street, Brooklyn, NY.
  13. Juan Perez, dob:2-26-1998, 50 North 5th Street, Brooklyn, NY.
  14. Adonis Aracena, dob: 11-1-1994, 392 South 5th Street, Brooklyn, NY.
  15. Noah Aranzamendi, dob: 8-25-1998, 35 Jackson Street, Brooklyn, NY.
  16. Francisco Candelier, dob: 5-6-1998, 160 South 3rd Street, Brooklyn, NY.
  17. Frederick Feliz, dob: 3-25-1994, 374 South 5th Street, Brooklyn, NY.
  18. Dioni Vasquez, dob: 3-24-1990, 366 South 1st Street, Brooklyn, NY.

DEFENDANT ADDENDUM:

  1. Gabriel Mason, dob: 11-5-91, 129 Ten Eyck Walk, Brooklyn, NY.
  2. Juan Pedraza, dob: 12-12-69, 417 Lorimer Street, Brooklyn, NY.
  3. Juan Pedraza Jr., dob: 5-30-91, 417 Lorimer Street, Brooklyn, NY.
  4. Benjamin Vasquez, dob: 11-13-70, 391 Lorimer Street, Brooklyn, NY.

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

 

DA Vance and DA Thompson Announce Indictment of Seven Individuals for Stealing Heating Oil from Brooklyn Terminal

 FOR IMMEDIATE RELEASE
Wednesday, February 24, 2016

 

DA Vance and DA Thompson Announce Indictment of Seven Individuals for Stealing Heating Oil from Brooklyn Terminal

Indictment Follows Longterm Investigation by Manhattan DA’s Office’s Rackets Bureau and Partners into Widespread Fraud in Heating Oil Industry

Manhattan District Attorney Cyrus R. Vance, Jr., and Brooklyn District Attorney Ken Thompson today announced the indictment of seven individuals in connection with the theft of heating oil valued at approximately $500,000 from a terminal in Brooklyn. The defendants are charged in a New York State Supreme Court indictment with Grand Larceny in the Second and Third Degrees. The Brooklyn indictment was filed in connection with a related investigation into industry fraud and criminal charges announced last year by the Manhattan District Attorney’s Office, New York City Police Department Organized Crime Investigation Division (“OCID”), New York City Business Integrity Commission (“BIC”), New York City Department of Investigation (“DOI”), New York City Department of Consumer Affairs, and New York State Department of Taxation and Finance.

Manhattan District Attorney Cyrus R. Vance, Jr., said: “More than 50 individuals and nine companies working in an around the City’s heating oil industry have now been indicted in connection with this alleged widespread fraud. In the case announced last fall, the defendants were charged with profiting from the sale of heating oil stolen from residential and municipal buildings. Today’s indictment represents a continuation of that investigation, as well as my Office and our partners’ commitment to rooting out fraud in this industry. The heating oil industry should now be on notice to clean up its act.”

Brooklyn District Attorney Ken Thompson said: “These defendants are charged with running a scheme to systematically steal heating oil from a Brooklyn terminal to enrich themselves and we intend to now hold them accountable. I would like to commend DA Vance for his efforts to eradicate fraud in this industry all across the city. We will continue to work together with his office and other law enforcement partners to make sure that larceny is investigated and prosecuted wherever it occurs.” 

According to the indictment and documents filed in court, between January and July 2014, the defendants facilitated the theft of hundreds of thousands of gallons of heating oil, valued at approximately $500,000, from Buckeye Partners, L.P. (“Buckeye”), which owns and operates an oil terminal located at 722 Court Street in Brooklyn. During this period, SCOTT VITELLO, 39, managed the terminal, and with the assistance of BART DiCARLO, 26, a terminal operator, VITELLO allowed unauthorized individuals and tanker trucks to pull into the loading racks, fill the tanks with heating oil, and leave the Buckeye terminal with stolen product, which was sold by VITELLO and DiCARLO at a fraction of the retail cost.

ANGELO GUADAGNO, 51, acted as a broker who negotiated prices, scheduled pick-up times, and made arrangements for ALEXANDER COCCHIOLA, 57, the owner of Cypress Fuel, and PAUL CILIENTO, 37, the owner of Boomerang Trucking, to steal heating oil from the Buckeye terminal. PETER D’ARCO, 65, the owner of SJ Fuel, and FREDERICK DeCICCO, 48, a driver for MDC Services, also worked directly with VITELLO and DiCARLO to coordinate unauthorized pick-ups.

In an attempt to cover the theft, VITELLO and DiCARLO dismantled counters that track the number of gallons dispensed at the loading racks and changed the positioning of several security cameras at the terminal. In total, unauthorized trucks were allowed to enter the terminal more than 50 times and load stolen oil, often during late evening or early morning hours.

Previously, the Manhattan District Attorney’s Office’s Rackets Bureau presented evidence to a grand jury that voted to indict nine companies and 44 individuals in connection with various schemes to defraud customers by shorting heating oil deliveries to residential, commercial, and municipal properties throughout New York City. The indicted heating oil transportation and retail companies include: F&S DISTRIBUTION, INC., G&D PETROLEUM TRANSPORTATION, INC., G&D HEATING OIL INC., CASANOVA FUEL OIL, INC., EXPRESS PETROLEUM, INC., 4th AVENUE TRANSPORT, INC., ALL-BORO TRANSPORTATION, INC., ENTERPRISE TRANSPORTATION, INC., and CENTURY STAR FUEL CORP. The indicted individuals also include the principal owners of the indicted companies, three fuel depot dispatchers, and 29 truck drivers charged with taking part in the theft, resale, and purchase of stolen heating oil.

DOI and BIC also issued a detailed report on fraudulent schemes employed by delivery companies in order to help consumers protect themselves from fraud.

The following members of the Manhattan District Attorney’s Office contributed to the investigation and case: Assistant District Attorney Anne Ternes, with the assistance of Assistant District Attorneys Jerrold Steigman and Thomas Mooney, Senior Investigative Counsel to the Rackets Bureau, and under the supervision of Assistant District Attorney Michael Ohm, Deputy Chief of the Rackets Bureau, Assistant District Attorney Judy Salwen, Principal Deputy Chief of the Rackets Bureau, Assistant District Attorney Jodie Kane, Chief of the Rackets Bureau, and Executive Assistant District Attorney David Szuchman, Chief of the Investigation Division. Additional assistance was provided by: Paralegals Kyle Tramonte, Lauren Riddell, Paul Lee, Alexandra Oviedo, and former Paralegal Zoe Egelman; Transcription Analyst Olivia Sitbon; Senior Financial Investigator Daniel McNichol; and former Senior Investigative Counsel Richard Buckheit.

The case is being supervised by Assistant District Attorneys Rebecca Gibson and Felice Sontupe of the Brooklyn District Attorney’s Frauds Bureau, under the overall supervision of William E. Schaeffer, Chief of the Investigations Division.

District Attorneys Vance and Thompson thanked the following agencies and individuals for their assistance and cooperation with the investigation: NYPD, and in particular, Detectives William Martin and Biagio Santangelo, as well as the NYPD OCID-BIC team; BIC, and in particular, Deputy Commissioner of Investigations Christopher Mahon and Investigator Dominick Albergo; and Buckeye Partners, L.P..

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An Indictment is merely an accusation and not proof of the defendants’ guilt.

 

Defendant Information:

PAUL CILIENTO, D.O.B. 8/29/1978
Staten Island, NY

Charged:

  • Grand Larceny in the Second Degree, a class C felony, 1 count

 

ALEXANDER COCCHIOLA, D.O.B. 2/8/1959
Staten Island, NY

Charged:

  • Grand Larceny in the Second Degree, a class C felony, 1 count

 

PETER D’ARCO, D.O.B. 7/4/1950
Staten Island, NY

Charged:

  • Grand Larceny in the Third Degree, a class D felony, 1 count

 

FREDERICK DeCICCO, D.O.B. 7/27/1967
Staten Island, NY

Charged:

  • Grand Larceny in the Second Degree, a class C felony, 1 count

 

BART A. DiCARLO, D.O.B. 9/15/1989
Staten Island, NY

Charged:

  • Grand Larceny in the Second Degree, a class C felony, 3 counts
  • Grand Larceny in the Third Degree, a class D felony, 1 count 

 

ANGELO GUADAGNO, D.O.B. 6/5/1964
Staten Island, NY

Charged:

  • Grand Larceny in the Second Degree, a class C felony, 2 counts

 

SCOTT VITELLO, D.O.B. 6/24/1976
Lauderhill, FL

Charged:

  • Grand Larceny in the Second Degree, a class C felony, 3 counts
  • Grand Larceny in the Third Degree, a class D felony, 1 count

 

 

East New York Man and Woman Indicted For Trafficking Firearms

 FOR IMMEDIATE RELEASE
Wednesday, February 24, 2016

 

East New York Man and Woman Indicted For Trafficking Firearms

Thirty Guns Purchased During Course of Year Long Operation

Brooklyn District Attorney Ken Thompson, together with New York City Police Commissioner William J. Bratton, today announced that an East New York man and woman have been arraigned on a 124-count indictment for allegedly selling 30 firearms, including six assault weapons, to undercover officers during the course of a year-long investigation.

District Attorney Thompson said, “This investigation is another example of our unrelenting commitment to keep the people of Brooklyn safe by taking illegal guns off our streets.  All of these guns, which included assault rifles and a sawed off shotgun, could have wreaked havoc in our communities.  I commend the brave undercover officers and the dedicated prosecutors in my office who helped us bring this important case.”

Commissioner Bratton said, “The NYPD is committed to rooting out those responsible for putting illegal guns on to the streets of New York City. Thirty firearms were seized in this investigation, preventing their use in future crimes and tragedies. I commend the work of the Brooklyn District Attorney’s Office and the undercover officers whose hard work resulted in these arrests and indictments.”

The District Attorney identified the defendants as Ricardo Rivero, 34, of 666 Dumont Avenue in East New York, Brooklyn and Constance Guity, 45, of 529 Miller Street, in East New York, Brooklyn. The defendants have been variously charged with first-, second- and third-degree criminal sale of a firearm, second-, third- and fourth-degree criminal possession of a weapon, criminal possession of a firearm, criminal possession of a controlled substance and resisting arrest. Guity was arraigned this morning before Brooklyn Supreme Court Justice Danny Chun and ordered held on $500,000 bail. Rivero is being held on $1 million bail after being arrested on a criminal complaint and will be arraigned on the indictment next week.

The District Attorney said the investigation included undercover police officers making multiple purchases of weapons in the vicinity of Wyona Street and Dumont Avenue, Dumont and Pennsylvania Avenues and Dumont and New Jersey Avenues, in East New York, Brooklyn.

The District Attorney said that beginning in January 2015 and continuing through January 2016, undercover police officers allegedly made multiple gun purchases from Rivero, who was allegedly accompanied by Guity on four occasions, usually carrying the firearms in her handbag. The defendants allegedly sold between one and four firearms on each occasion. In addition, Rivero is charged with possessing cocaine at the time of his arrest and Guity is charged with possessing crack cocaine at the time of her arrest, as well as resisting arrest.

The District Attorney said that the defendants allegedly sold a wide variety of firearms to the undercover, including: .32 caliber Beretta pistol, .380 Bersa pistol, 12 gauge Stevens sawed off shotgun, .38 Colt revolver, 9mm Taurus pistol, 9mm Makarov pistol, 9mm Ruger LC9 pistol, 9mm Jimenez Arms pistol, .22 caliber Jennings Firearms pistol, .22 caliber Taurus pistol, .38 Colt revolver, 9mm Cobray Industries pistol, .380 Smith and Wesson pistol, .380 Keltec pistol, .32 Keltec pistol, .25 caliber Phoenix Arms pistol, .223 Riger mini-14 assault rifle, .22 caliber Chiappa Firearms pistol, Norinco SKS cut down assault rifle, Norinco SKS assault rifle, .22 Supershot revolver, .22 Smith and Wesson revolver, Saiga 7.62mm assault rifle, .22 caliber Tanfoglio revolver, defaced PT92 9mm Taurus pistol,  9mm Springfield Armory pistol, .40 Smith and Wesson Hi Point assault rifle, .380 Davis Industries pistol, .44 Taurus revolver, and .380 Cobra pistol.

The investigation was conducted by New York City Police Department Detective Ted Wendling, of the NYPD’s Firearms Investigation Unit, under the supervision of Lieutenant Michael Jennings, and the overall supervision of Deputy Inspector Brian Gill.

The case is being prosecuted by Assistant District Attorney Kathleen Murphy, of the District Attorney’s Violent Criminal Enterprises Bureau, under the supervision of Assistant District Attorney Tara Lenich, Deputy Chief for Special Investigations and Assistant District Attorney Nicole Chavis, VCE Bureau Chief and the overall supervision of Executive Assistant District Attorney William E. Schaeffer, Chief of Investigations, and Assistant District Attorney Patricia McNeill, Deputy Chief.

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

 

Brooklyn Man Convicted of Brutally Attacking Pregnant Ex-Girlfriend, Causing Death of Unborn Child

 FOR IMMEDIATE RELEASE
Tuesday, February 16, 2016

 

Brooklyn Man Convicted of Brutally Attacking Pregnant Ex-Girlfriend,
Causing Death of Unborn Child

Faces Up to 33 Years in Prison

Brooklyn District Attorney Ken Thompson today announced that a Brooklyn man has been found guilty of brutally attacking his ex-girlfriend, who was almost seven months pregnant, resulting in the death of her unborn child.

District Attorney Thompson said, “After researching online whether punching a pregnant woman in the stomach can cause a miscarriage, this defendant ambushed and repeatedly punched his pregnant ex-girlfriend in her stomach so savagely that she became unconscious, needed two blood transfusions and eventually lost her baby. We will now seek the maximum sentence that this coward truly deserves.”

The District Attorney identified the defendant as Torey Branch, 35, of 1414 Bergen Street, Crown Heights, Brooklyn, New York. The defendant was found guilty today of first-degree abortion, first-degree burglary and third-degree assault following a jury trial before Brooklyn Supreme Court Justice Alexander B. Jeong. The defendant faces up to 33 years in prison when he is sentenced on March 1, 2016.

According to trial testimony, the defendant and victim had a nine-year relationship during which time the victim became pregnant. The defendant expressed that he did not want a child and became angry at the victim’s decision to follow through with the pregnancy.

On March 28, 2014, the victim and defendant agreed to meet at the victim’s Brooklyn residence. At approximately 1:15 p.m., as the victim entered into her apartment building, surveillance video shows she was followed inside by two masked men, one of whom has not been apprehended. Once inside, the two masked men choked and punched the victim about the head and body and then repeatedly hit the victim’s pregnant stomach, eventually knocking the victim unconscious.

According to trial testimony, the victim identified one of the masked men as the defendant when she heard him say “move, move” during the attack and recognized his voice. The victim was hit approximately 22 times and suffered severe injuries including an orbital fracture. Her unborn child died in utero a few hours after the attack.

A search of the defendant’s cell phone, according to testimony, revealed approximately 51 incriminating online searches including “can being hit in the stomach cause a miscarriage” and “what happens if you punch a pregnant woman in the stomach.” The searches occurred between January 19, 2014 and March 9, 2014 — approximately three weeks prior to the attack.

The case was investigated by Detective Kenneth Anderson of the New York City Police Department’s 75th Precinct.

The case was prosecuted by Assistant District Attorney Joanna Lettieri, of the District Attorney’s Domestic Violence Bureau, under the supervision of Assistant District Attorney Edward Purce, Deputy Bureau Chief and under the overall supervision of Michelle Kaminsky, Bureau Chief.

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NYPD Officer Convicted Of Manslaughter for Shooting Unarmed and Innocent Man in Building Staircase

 FOR IMMEDIATE RELEASE
Thursday, February 11, 2016

 

NYPD Officer Convicted Of Manslaughter for Shooting
Unarmed and Innocent Man in Building Staircase

Ignored Police Training, Recklessly Fired His Gun and Then Failed to Aid Victim

Brooklyn District Attorney Ken Thompson today announced that a New York City police officer, Peter Liang, has been convicted of second-degree manslaughter and official misconduct for fatally shooting an innocent and unarmed man – Akai Gurley – in the staircase of a Brooklyn building in November 2014. After recklessly firing his service weapon and striking Gurley, 28, the officer failed to immediately report the incident or render aid to the dying victim.

District Attorney Thompson said, “Today’s verdict represents justice for Akai Gurley who was totally innocent when he was shot and killed that night. This defendant ignored official training that he received as a police officer – specifically never to put his finger on the trigger of his gun unless he was ready to shoot and his reckless actions cost Akai Gurley his life – a life that Peter Liang had sworn to protect. It’s also important to note that this jury’s verdict was against one officer and not against all of the brave and dedicated members of the NYPD who risk their lives every day to keep us safe.”

The defendant Liang, 28, of Bensonhurst, Brooklyn, was convicted today of second-degree manslaughter and official misconduct following a jury trial before Brooklyn Supreme Court Justice Danny Chun. He faces a minimum sentence of unconditional discharge and a maximum sentence of five to 15 years in prison when he is sentenced on April 14, 2016.

The District Attorney said that, according to trial testimony, on November 20, 2014, the defendant and his partner were on foot patrol inside 2724 Linden Boulevard, a building in the Louis Pink Houses in East New York, Brooklyn. At about 11:14 p.m., the defendant pulled out his service revolver and pushed open a door that leads into a darkened stairwell on the 8th floor. He fired his gun once after he heard a sound and the bullet ricocheted off a wall, striking near where Gurley was standing in the chest, as the victim entered the 7th floor landing at the same time.

The evidence established that Gurley was totally innocent and unarmed and that Officer Liang was not under any threat that should have caused him to place his finger on the trigger of his gun and fire it. Therefore, there was no justification for the shooting. Specifically, the evidence showed that the defendant’s actions were contrary to what he learned in the Police Academy regarding gun safety and contrary to the NYPD’s Firearms Guidelines, which instructs that “if the firearm must be drawn the trigger finger should be placed outside the trigger guard and pointed in a safe direction.” The defendant had to exert 11½ pounds of pressure to fire his gun, which was fitted with a trigger that required more force to operate than a regular gun to avoid an accidental discharge, according to testimony.

After the shooting, the defendant failed to immediately report the incident, contrary to the NYPD Patrol Guide, the evidence showed. While the victim’s friend was trying to save him by performing CPR, with the help of a neighbor who was on the phone with a 911 operator, the defendant first argued with his partner about who would radio in the incident and later failed to render any medical aid, also in violation of the Patrol Guide. He “did nothing,” according to witness testimony.

The case was prosecuted by Assistant District Attorney Marc Fliedner, Chief of the District Attorney’s Civil Rights Bureau, Assistant District Attorney Joseph Alexis, Chief of the District Attorney’s Trial Bureau, Red Zone, and Senior Assistant District Attorney Ann Bordley of the District Attorney’s Appeals Bureau, under the overall supervision of Executive Assistant District Attorney William E. Schaeffer, Chief of the District Attorney’s Investigations Division.

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Three Men Sentenced for Kidnapping, Robbery in Greenpoint

 FOR IMMEDIATE RELEASE
Thursday, February 11, 2016

 

Three Men Sentenced for Kidnapping, Robbery in Greenpoint

Victim Tortured With Blow Torch, Forced to Reveal Where He Kept His Money

Brooklyn District Attorney Ken Thompson today announced that three men have been sentenced to lengthy prison terms for kidnapping and subsequently robbing two men in Greenpoint. The defendants tortured one of the men with a blowtorch on his thighs and genitals and put out lit cigarettes on his face and neck to force him to tell them where he kept his cash.

District Attorney Thompson said, “These three defendants not only blindfolded and kidnapped the victims but also subjected them to brutal acts of terror and even torture with a blow torch. Such depraved acts of violence – all done for money – were cruel and simply inhumane and led to the lengthy prison sentences that they each got.” 

The District Attorney identified the defendants as Francisco Graham, 39, of 6523 Windsor Street, Philadelphia, PA; Clarence Davis, 40, of 4703 Brentwood Road, Fredericksburg, Virginia; and Abdul Lopez, 23, of 70 Lenox Street, Brooklyn, NY.  Davis and Lopez were sentenced today to determinate terms of 13 years and 15 years in prison, respectively, following their guilty plea on January 20, 2016 to first-degree robbery. Graham was sentenced on February 5, 2016 to an indeterminate term of 15 years to life in prison after pleading guilty to first-degree kidnapping on January 20, 2016. All three defendants were sentenced by Brooklyn Supreme Court Justice John Ingram.

The District Attorney said that, according to the investigation, on December 13, 2013 at approximately 5 p.m., Angelo Gonzalez and Jerry Tavarez were walking along Greenpoint Avenue when they were suddenly ambushed by the defendants. Displaying firearms and police shields, the defendants identified themselves as Drug Enforcement Administration agents, handcuffed the victims and threw them into a van.

The victims were driven to a location in Queens, blindfolded and held in separate basement rooms. Gonzalez was stripped of his pants and underwear and tortured with a blow torch on his inner thighs and genitals. The defendants also extinguished lit cigarettes on his face, neck and body as loud Christmas music played in the background, drowning out the his cries for help.

Gonzalez then told the defendants that he kept a stash of cash at home and gave them his home address and the alarm code for entry. Held overnight and under additional duress, he also told the defendants about a safety deposit box where kept more money.  The defendants then, with Gonzalez in tow, proceeded to drive towards the victim’s Williamsburg home and instructed the victim to have his girlfriend deliver the deposit box key directly to the van. The victim’s girlfriend, utilizing the ‘Find My Phone’ application, alerted the police to her boyfriend’s location. Detectives arrived at the location and arrested the defendants. The second victim was later released.

A search of the home where the victims were kept led to the discovery of a fake badge and a firearm. The basement floor was covered in tarps, and a blowtorch, cigarette butts and a hacksaw were recovered.

The case was prosecuted by Senior Assistant District Attorney Jamie Begley, formerly of the District Attorney’s Trial Bureau- Grey Zone, and Assistant District Attorney Holly Serrette, also of the Grey Zone, under the supervision of Timothy Gough, Bureau Chief.

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