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FOR IMMEDIATE RELEASE

Wednesday, May 29, 2024

Fifteen Alleged H-Block/Billy’s Gang Members Charged in

Conspiracy Indictment That Includes Two Murders and Multiple Shootings

Three Rival Gates Fam and Gotti Gang Members Charged in Separate Indictments;

Defendants Variously Charged with Murder, Attempted Murder, and Conspiracy

Brooklyn District Attorney Eric Gonzalez, together with New York City Police Commissioner Edward A. Caban, today announced that 18 alleged members of the H-Block/Billy’s and Gates Fam street gangs are variously charged in three indictments with conspiracy to commit murder, possess weapons and related charges. In addition to the two murders, the defendants are variously charged in connection with 10 shooting incidents that left 10 people injured – including eight innocent bystanders.

District Attorney Gonzalez said, “This case sends a strong message that shooting guns in our streets cannot and will not be tolerated. It is shocking how young many of the defendants are, and today’s takedown is part of our comprehensive approach to youth violence – holding accountable those who commit shootings and working with other young people to steer them away from street gangs. Senseless gun violence ruins lives and causes damage in our communities and I remain committed to tackling this issue head-on. I thank the NYPD and our prosecutors for their hard work in putting this case together to make our streets safer as we enter the summer season.”

Commissioner Caban said, “Identifying, investigating, and dismantling gangs and crews, and preventing the senseless violence so often associated with their illegal activities, continue to be among the highest priorities for the NYPD and our law enforcement partners. I commend our NYPD investigators and our colleagues in the office of the Brooklyn district attorney for their ongoing dedication to our shared public safety mission. We remain relentless in our efforts to eradicate gun violence and to improve quality of life for all New Yorkers by precisely targeting the relatively small percentage of people responsible for much of the violence in our city.”

New York City Mayor Eric Adams said, “New York City will not tolerate the reckless endangerment of those who choose a path of violence and chaos. Today’s action underscores our unwavering commitment to stopping and holding accountable those who threaten our communities. The safety and well-being of every New Yorker is our top priority, and we will continue to work tirelessly to bring those who break the law to justice. I commend the collaborative efforts of the NYPD, DA Gonzalez, and all law enforcement agencies involved in this critical operation, which will ensure that our streets remain safe and that justice is served for the victims and their families. Let this be a clear message to those who seek to disrupt the peace in our communities: we will find you, we will prosecute you, and we will protect our city.”

The defendants will be arraigned this afternoon before Brooklyn Supreme Court Justices Danny K. Chun and Craig S. Walker on an 85-count indictment in which they are variously charged with second degree murder, second- and fourth-degree conspiracy, second-degree attempted murder, first- and second-degree criminal possession of a weapon, second-degree assault and related counts. [See defendant addendum,]

The District Attorney said the indictment is the result of a long-term investigation by the District Attorney’s Violent Criminal Enterprises Bureau and the NYPD’s Gun Violence Suppression Division into violence committed by street gangs operating on the border of Crown Heights and Bedford-Stuyvesant in Brooklyn. Fifteen of the defendants are alleged members of the H-Block/Billy’s gang, a territorial alliance between a 59-Brim Bloods set and a 9-Trey/Billy’s Bloods set operating out of Crown Heights. The H-Block Billy’s have several “home bases” that they have frequented over the course of this investigation, including 260-280 Herkimer Street and 1625 Fulton Street.

The other three defendants are alleged members of the Gates Fam street gang (and Gotti Gang), a subset of the Bloods, whose territory includes the Louis Armstrong Houses and 523 Gates Avenue in Bedford-Stuyvesant.

It is alleged, according to the indictment, that the H-Block/Billy’s defendants conspired to murder opposition gang members, boasting about or discussing the conspiracy in social media posts, recorded jail conversations, and on cell phones. The defendants also, it is alleged, variously possessed photos and videos of themselves holding guns, using guns or discussing guns in messages.

It is alleged that between August 2021 and the date of this indictment, the H-Block/Billy’s defendants, variously committed multiple shootings and acts of violence against rival gang members or within rival gang territory to maintain dominance over their geographical territory and to maintain supremacy over rivals.

The conspiracy allegedly began in August 2021 with a series of three shootings by the H-Block/Billy’s alliance within a two-hour period. The shootings resulted in the death of Jaquan Gause, a 16-year-old Gates Fam member, and non-fatal injuries to three other individuals, including an innocent person who was mistaken for a gang rival.

The second homicide charged in the indictment is the June 25, 2022, shooting death of 16-year-old Woo associate Nayshawn Campbell, who was shot in the torso by a single bullet inside the Dr. Green Playground in Brownsville, at approximately 3:14 a.m. He was taken to Brookdale Hospital where he was pronounced dead at approximately 4:12 a.m. H-Block members Nyshaun Perry, Demetri JeanJacques and Isaiah Charles, who were “spinning” (looking for opposition members to shoot) in Woo gang territory, are charged in connection with the homicide.

It is alleged that H-Block/Billy’s members committed numerous shootings during the course of the conspiracy, including the following:

• It is alleged that on April 12, 2022, defendants Malcolm Davis and Shamari Griffith left 260 Herkimer Street and headed to 471 Gates Avenue in Gates Fam territory and, at approximately 4:20 p.m., allegedly opened fire on a group of people. Three innocent people were struck and wounded. A 29-year-old man was shot in the back and suffered a spinal cord injury, a 42-year-old man suffered a graze wound to his right arm, and a 45-year-old man suffered a gunshot wound to his right thigh.
• It is alleged that on August 18, 2022, at approximately 1:45 a.m.in the vicinity of Farragut Place and East 32nd Street, in rival Folk Nation gang territory, defendants Nyshaun Perry and Jamouri Foster allegedly opened fire on a 2022 Dodge Charger, occupied by four individuals. The back window was shattered and there was bullet damage to the front passenger side of the windshield. A bullet also struck a passenger’s headrest, but no one was injured.
• It is alleged that on August 21, 2022, at approximately 6:27 p.m., defendants Isaiah Charles and Demitri JeanJacques, and an unidentified individual, were in the vicinity of Washington Avenue and Saint John’s Place when they opened fire on individuals involved in a video shoot of a rapper associated with rival gang Lincoln Fam. The three shooters allegedly opened fire on a crowd of people, striking a then-25-year-old videographer in the leg. Four cars in the vicinity were damaged by gunfire and police recovered 13 shell casings, one fired bullet fragment, and one live cartridge from the scene.
• On October 2, 2023, at approximately 10:45 a.m., in the vicinity of Chauncey Street and Stuyvesant Avenue, Gates Fam member David Robinson used his vehicle to allegedly attempt to run over H-Block member Michael Hammond. Robinson then crashed his vehicle into a Citi Bike rack and a Fire Department pole, which was knocked to the ground. Several bicycles were damaged. In response, it is alleged, Hammond fired shots at Robinson’s car and struck him in the shoulder.

The investigation was conducted by New York City Police Department Detective Lena Alexander and Detective Erin Currie, under the supervision of Sergeant Kevin Beasley, Lieutenant William Tergesen, Captain Ryan Gillis, all of the Gun Violence Suppression Division, and Deputy Inspector Craig Edelman, Commanding Officer of the Gun Violence Suppression Division, all under the overall supervision of Assistant Chief Jason Savino, Commanding Officer of the Specialty Enforcement Division, and Chief of Detectives Joseph Kenny.

The case is being prosecuted by Assistant District Attorney Christine Maloney, Chief of Special Investigations, Senior Assistant District Attorney Michelle Kiley, and Assistant District Attorney Alexis Zargar, of the District Attorney’s Violent Criminal Enterprises Bureau, with the assistance of Intelligence Analyst Austin Wilson and Paralegal Sultana Wahab, all under the supervision of Assistant District Attorney Kathryn Spota, Deputy Bureau Chief, Assistant District Attorney Jennifer Cilia, First Deputy Bureau Chief, and Assistant District Attorney Alfred De Ingeniis, Bureau Chief.

 

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

DEFENDANT ADDENDUM:

H-Block/Billy’s

• Nyshaun Perry, 20.
• Demitri JeanJacques, 18.
• Isaiah Charles, 17.
• Jamouri Foster, 17.
• Damian Nickelson, 17.
• Jayden Clarence, 16.
• Shamari Griffith, 21.
• Malcolm Davis, 19.
• Shamar Dudley, 20.
• Derrick Prescod, 20.
• Dushaun Johnston, 23.
• Kymani Glenn, 22.
• Jahnie Cox, 21.
• Michael Hammond, 20.
• Jaiden Jefferies, 18.
  Gates Fam/Gotti Gang
• Gyasi Shury-Muse, 21.
• Kaevon Mitchell, 19.
• David Robinson, 21.

FOR IMMEDIATE RELEASE

Tuesday, May 28, 2024

Brooklyn Man Sentenced to 25 Years to Life in Prison for

Fatally Shooting Teenager in East New York

Defendant Wrongly Accused Victim of Being a Gang Member

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been sentenced to 25 years to life in prison for fatally shooting a 16-year-old boy in an unprovoked attack.

District Attorney Gonzalez said, “Justin Richey was brazenly and senselessly shot to death by this defendant in broad daylight on a Sunday afternoon. Justin was killed just one day after his 16^th birthday. I hope today’s sentence brings a measure of solace to his heartbroken family and friends.”

The District Attorney identified the defendant as Ralief Bradford, 30, of East New York, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Phyllis Chu to 25 years to life in prison. The defendant was convicted of second-degree murder and second-degree criminal possession of a weapon on March 28, 2024, following a jury trial.

The District Attorney said that, according to trial testimony, on July 15, 2018, at approximately 5:07 p.m., on Blake Avenue between Euclid Avenue and Pine Street, in East New York, Brooklyn, the defendant and two unapprehended individuals approached the victim, Justin Richey, and wrongly accused him of being in a rival gang. They then assaulted him, and the defendant brandished a gun and shot the victim three times in the torso.

The victim collapsed and was taken to Brookdale Hospital where he was pronounced dead. The defendant was arrested on July 18, 2018.

The District Attorney thanked Intelligence Analyst Lexie Giardina and Digital Forensic Analyst Taylor Mumley of the Digital Evidence Lab for their assistance on the case.

The case was prosecuted by Senior Assistant District Attorney Sarah Jafari, of the District Attorney’s Homicide Bureau, and Senior Assistant District Attorney Christopher Colt Rainwater, of the District Attorney’s Red Zone Trial Bureau, under the supervision of Assistant District Attorney Leila Rosini, Homicide Bureau Chief.

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FOR IMMEDIATE RELEASE

Wednesday, May 22, 2024

Man Indicted for Attempted Sex Trafficking of a Child

Defendant Allegedly Raped 15-Year-Old Girl, Tried to Persuade Her to Engage in Prostitution

Brooklyn District Attorney Eric Gonzalez today announced that a man has been arraigned on an indictment in which he is charged with attempted sex trafficking of a child and other charges for allegedly trying to convince a 15-year-old girl to engage in prostitution.

District Attorney Gonzalez said, “This defendant allegedly exploited a vulnerable teenager, trying to convince her to engage in prostitution. Luckily, she reported him to the police. We will now seek to bring him to justice.”

The District Attorney identified the defendant Deandre Lee, 29, of East New York, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which he is charged with attempted sex trafficking of a child, second-, third- and fourth-degree attempted promoting prostitution, third-degree rape, third-degree sexual abuse and endangering the welfare of a child. The defendant was ordered held on bail of $100,000 cash or $500,000 bond and to return to court on August 7, 2024.

The District Attorney said that, according to the investigation, on April 28, 2024, the victim, a 15-year-old girl, was walking on Mother Gaston Boulevard in East New York when she met the defendant, who let her charge her phone in his car. He then asked her to walk around the corner to meet him, and he then allegedly drove her to Chipotle to get some food.

Furthermore, the District Attorney said, after they ate, the defendant drove the victim to the side of a highway in Brooklyn, gave her marijuana, then had sex with her. He then allegedly told the victim she could make money by stripping or selling her body in exchange for money. He then drove her home. The next day, the defendant and victim were texting, and the defendant again asked the victim if she thought about what they talked about. The victim then reported the rape to police.

The defendant was arrested yesterday in the Bronx, following an investigation.

The District Attorney thanked Human Trafficking Unit Paralegal Aurora Martinez for her assistance on the case.

The case was investigated by New York City Police Department Detective Paul Mastronardi of the New York City Police Department’s Human Trafficking Squad, under the supervision of Sergeant Kevin Kavanagh, Lieutenant Amy Capogna and Captain Thomas Milano, and the overall supervision of Chief Carlos Ortiz.

The case is being prosecuted by Senior Assistant District Attorney Alexandra Iorio, of the District Attorney’s Human Trafficking Unit, under the supervision of Assistant District Attorney David Weiss, Chief of the Human Trafficking Unit, and the overall supervision of Assistant District Attorney Miss Gregory, Chief of the District Attorney’s Special Victims Bureau.

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

FOR IMMEDIATE RELEASE

Tuesday, May 21, 2024

Williamsburg Driver Indicted for Manslaughter

After Allegedly Fleeing Car Crash That Killed Passenger

Defendant Was Allegedly Speeding and

Ran Multiple Red Lights Before Colliding with MTA Bus 

Brooklyn District Attorney Eric Gonzalez today announced that a Williamsburg man has been arraigned on an indictment in which he is charged with manslaughter, criminally negligent homicide, leaving the scene of an incident without reporting, and additional charges in connection with a car crash in which he allegedly ran multiple red lights and struck an MTA bus before fleeing the scene. One of the defendant’s passengers, a 33-year-old man, was killed.

District Attorney Gonzalez said, “As alleged, this defendant’s extreme recklessness behind the wheel cost the life of an innocent person and put many more people in harm’s way. Brooklyn deserves safe streets, and I am committed to holding accountable any driver who endangers our community with this kind dangerous and criminal conduct.”

The District Attorney identified the defendant as Michael Rivera, 31, of Williamsburg, Brooklyn. He was arraigned today by Brooklyn Supreme Court Justice Herbert Moses on an eight-count indictment in which he is charged with second-degree manslaughter; second-degree assault; criminally negligent homicide; leaving the scene of an incident without reporting, second-degree reckless endangerment; reckless driving; excessive speed; and failure to obey traffic control signal. The defendant faces up to 15 years in prison if convicted of the top count. He was ordered to return to court on July 23, 2024.

The District Attorney said that, according to the investigation, on February 26, 2024, at approximately 9:45 p.m., the defendant was driving an unregistered 2010 red Mercedes Benz on Harrison Avenue in South Williamsburg. Video surveillance allegedly captures the defendant running multiple red lights and driving more than 49 miles per hour in a 25 mile per hour zone.

Furthermore, according to the investigation, the defendant then allegedly ran a red light at the intersection of Lorimer Street and Harrison Avenue where he collided with an MTA bus. The force of the collision caused the vehicle to spin and mount the sidewalk. A passenger, Alex DeJesus Caba Gutierrez, 33, was thrown from the backseat. Video surveillance footage allegedly captures the defendant exiting the Mercedes and walking up to Gutierrez where he lay on the sidewalk. The defendant then fled the scene, leaving his friend.

Furthermore, according to the investigation, bystanders called 911. When EMS arrived, they observed that Gutierrez was critically injured and transported him to Bellevue Hospital where he died approximately two hours later. It was the victim’s birthday. Additionally, the driver of the MTA bus and several passengers suffered multiple injuries and were transported to the hospital for medical treatment.

The case is being prosecuted by Senior Assistant District Attorney Christopher Brogna and Assistant District Attorney Christina R. Deleasa, of the District Attorney’s Grey Zone Trial Bureau, under the supervision of Assistant District Attorney Robert Walsh, Bureau Chief.

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

FOR IMMEDIATE RELEASE

Tuesday, May 21, 2024

Crown Heights Man Sentenced to 15 Years in Prison for
Fatally Shooting Teenage Girl at Party in East New York Apartment

Defendant Shot the Victim Once in the Chest After She Rejected His Advances

Brooklyn District Attorney Eric Gonzalez today announced that a Crown Heights man has been sentenced to 15 years in prison for shooting a 17-year-old girl once in the chest and killing her at a party in 2022. The defendant was convicted of manslaughter in March.

District Attorney Gonzalez said, “This senseless shooting took the life of a young woman with a bright future. Today’s sentence holds the defendant accountable for his actions and is a measure of justice for the victim’s grieving family.”

The District Attorney identified the defendant as Javone Duncan, 24, of Crown Heights, Brooklyn. He was sentenced today to 15 years in prison by Brooklyn Supreme Court Justice Heidi Cesare. The defendant was convicted of second-degree manslaughter and two counts of second-degree criminal possession of a weapon on March 25, 2024, following a jury trial.

The District Attorney said that, according to the evidence, at approximately 10:55 p.m., at 790 Elderts Lane, in East New York, Brooklyn, the defendant pointed a loaded gun at Raelynn Cameron, 17, pulled the trigger, shot her in the chest, and killed her. After the shooting, the defendant fled the scene without trying to help the victim, who had rejected his advances, according to the evidence.

Prior to the shooting, the defendant pointed the same gun at another young woman at the party and clicked the safety of the gun on and off, according to the evidence, and was told to stop pointing a loaded gun at people because it was dangerous.

The defendant was arrested on October 26, 2022.

The District Attorney thanked Homicide Paralegal Angelika Rostkowska and Victim Advocates Jennifer Rhoad, Vanessa Lozado, Kayla Richards, Sarah Obadeyi, and Shasha Dorsey for their work on the case.

Detective Investigators assigned to the District Attorney’s Investigations Bureau assisted in the investigation.

The case was prosecuted by Senior Assistant District Attorney Evan Hannay, of the District Attorney’s Homicide Bureau, and Senior Assistant District Attorney Miguel Rodriguez, of the District Attorney’s Red Zone Trial Bureau, under the supervision of Assistant District Attorney Leila Rosini, Homicide Bureau Chief.

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FOR IMMEDIATE RELEASE

Tuesday, May 21, 2024

Brooklyn Man Sentenced to 21 Years in Prison for

Shooting Two Teens, One Fatally, During Fight Over Marijuana Sale

Pleaded Guilty to First-Degree Manslaughter in March

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been sentenced to 21 years in prison for shooting two teenagers, one fatally, in East Flatbush in 2020 during a fight that erupted over a marijuana sale.

District Attorney Gonzalez said, “This defendant needlessly escalated an argument into a deadly confrontation that tragically cost a young man his life. The defendant’s guilty plea and today’s sentence hold him accountable for his actions.”

The District Attorney identified the defendant as Nasir Perez, 22, of Midwood, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice John Hecht to 21 years in prison and five years’ post release supervision following his guilty plea to first-degree manslaughter on March 28, 2024.

The District Attorney said that, according to the evidence, on October 28, 2020, at approximately 2:30 p.m., at East 26^th Street and Foster Avenue, in East Flatbush, the defendant met with three 17-year-olds in order to purchase marijuana. The defendant was the buyer; the teenagers were the sellers. An argument broke out when the defendant asked to inspect the marijuana and tried to take it from one of the teenagers. When the young man resisted, the defendant pulled out a 380-caliber Taurus handgun. Two of the other teens displayed knives and converged on the defendant. The defendant then opened fire, striking one of the teens in the head and chest, and hitting another in the hand.

The victim was taken to Kings County Hospital where he was pronounced dead.

The defendant was arrested on February 11, 2021.

The District Attorney thanked Homicide Paralegal Amanda Connolly for her assistance on the case.

The case was prosecuted by Senior Assistant District Attorney Matthew Perry, of the District Attorney’s Homicide Bureau, and Senior Assistant District Attorney Steven Bravo, of the District Attorney’s Blue Zone Trial Bureau, under the supervision of Assistant District Attorney Leila Rosini, Homicide Bureau Chief.

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FOR IMMEDIATE RELEASE

Friday, May 17, 2024

Brooklyn Man Sentenced to Up to 10 Years in Prison for

Fatally Injuring Girlfriend’s 4-Month-Old Daughter

Medical Examiner Determined Child Died of Abusive Head Trauma

Brooklyn District Attorney Eric Gonzalez today announced that a Bedford-Stuyvesant man has been sentenced to up to 10 years in prison for fatally injuring his girlfriend’s four-month-old daughter. The defendant pleaded guilty to second-degree manslaughter in April.

District Attorney Gonzalez said, “Royalty Kemp was a precious infant entrusted by her mother to the defendant’s care. Instead of ensuring the child’s safety, he caused head injuries so severe she died. With today’s sentence, the defendant has been held responsible for his horrific actions. Our hearts continue to be with the child’s mother and loved ones as they grieve her tragic loss.”

The District Attorney identified the defendant as Ricardo Price, 26, of Bedford-Stuyvesant, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Donald Leo to 3 1/3 to 10 years in prison. The defendant pleaded guilty to second-degree manslaughter on April 12, 2024.

The District Attorney said that, according to the evidence, on June 22, 2021, the defendant was babysitting four-month-old Royalty Kemp in an apartment at 93 Lewis Avenue. Her mother left the child in the defendant’s care for the night. The child was sitting in the defendant’s lap, according to the evidence, and began to cry. The defendant then repeatedly shook his leg to get her to quiet down, causing the child to bounce off his knee multiple times and the child’s head to strike a video game controller in the defendant’s hands.

Furthermore, according to the evidence, the child’s mother returned on June 23, and noticed the baby was lethargic and unable to eat. That afternoon, the child became unresponsive. The mother and the defendant brought her to Woodhull Medical Center where doctors diagnosed a skull fracture. The child was transferred to Bellevue Hospital where she died on July 2, 2021.

An autopsy performed by the Office of the New York City Medical Examiner determined the child’s cause of death was from abusive head trauma with numerous recent injuries including skull fractures with underlying hemorrhaging to the brain as well as hemorrhaging to parts of the spinal cord.

The case was prosecuted by Senior Assistant District Attorney Paul Hershan, of the District Attorney’s Special Victims Bureau, and Assistant District Attorney Perry Cerrato, Deputy Chief of the Special Victims Bureau, under the supervision of Assistant District Attorney Miss Gregory, Bureau Chief.

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FOR IMMEDIATE RELEASE

Thursday, May 16, 2024

Brooklyn District Attorney Moves to Vacate Conviction of Brooklyn

Man Who Served 23 Years for Homicide in Case of Mistaken Identity

Identification Procedure for the Sole Eyewitness Was Improper;

The Probable Real Culprit Had Implicated Himself on Secret Recordings

Brooklyn District Attorney Eric Gonzalez today announced that following a thorough reinvestigation by his Conviction Review Unit (CRU), he will move to vacate the conviction of Steven Carrington, 56, who was convicted of participating in a botched robbery of an East Flatbush lumberyard in 1995, where an employee was fatally shot. He served over 23 years in prison and was released in 2018. The reinvestigation found that Mr. Carrington did not commit the crime. The identification by the sole eyewitness, a customer who was a stranger to the defendant and saw him fleetingly, was not tested for reliability and should never have been admitted at trial. In addition, the CRU identified another person, who had implicated himself in a couple of surreptitious recordings, as the likely real accomplice to the fatal robbery. The CRU report is available here.

District Attorney Gonzalez said, “A full investigation by my Conviction Review Unit concluded that this was a case of mistaken identity, where numerous red flags were ignored both before and after Mr. Carrington’s conviction. This case exemplifies the pitfalls of one witness identifications and highlights the lengths our CRU will go to unearth the truth. Mr. Carrington has proclaimed his innocence from Day One and, while we cannot undo the decades he spent in prison, today we are able to substantiate his claim and give him back his good name.”

The defendant will appear in court today at 2:15 p.m. before Brooklyn Supreme Court Justice Matthew D’Emic at 320 Jay Street, 15^th Floor.

The District Attorney said that on January 2, 1995, at about 10:50 a.m., a man named Shannon France, armed with a gun, entered Lumber Headquarters on Church Avenue in East Flatbush, Brooklyn. After a struggle, he twice shot an employee, Lloyd St. George Campbell, killing him. He robbed the store’s cash box and told a customer to leave. But that man was held up by an accomplice – later identified as Carrington – who took his Seiko gold-colored watch and a pinky ring, before the two robbers fled.

The defendant was convicted, based on the testimony of the customer, of second-degree murder (for acting in concert with France) and of robbery and was sentenced to 23 years to life in prison. France was convicted of similar charges and sentenced to 25 years to life (he was released in 2021 and deported).

When the defendant was first interviewed by police, he stated that it was a case of mistaken identity. At trial, he put forth an alibi defense, claiming he was at home with his former girlfriend that morning, when he got a call from his wife that she had taken their young child to the hospital. She asked him to come there, and he did. The two women, the defendant, and his parents all testified to that, but prosecutors were able to rebut the claim by showing inconsistencies with the timeline they provided.

The CRU’s investigation uncovered a serious problem with the identification of the defendant. Both the customer and another employee who was outside the store in the lumberyard identified the defendant in a photo array. During a pre-trial hearing to determine whether the procedure was improperly suggestive, it came out that three of the fillers were used in another array shown to the employee two days earlier (of a different suspect whom he didn’t identify). The judge ordered another hearing for the employee to decide whether his observations provided an independent basis for the ID. (Unlike the customer, the employee didn’t identify the defendant in a lineup, so he wasn’t called to testify, and that second hearing never took place). When asked by the hearing judge if the customer also viewed the earlier array, both his lawyer and the prosecutor said that he did not. The judge ruled that the photographic array procedure wasn’t suggestive.

A thorough review of police reports led the CRU to establish that the customer did, in fact, view the earlier array and therefore, by process of elimination, picked out the defendant from only three photos, instead of six. Had the judge ordered an independent source hearing for him as well, the fact that the traumatized customer initially gave a general description of a stocky black man would have likely precluded him from identifying defendant at trial, leaving prosecutors without adequate evidence to prove the case. At trial, the lead detective testified that both witnesses viewed both arrays, and the police reports confirming that were available to all sides, but no one alerted the new trial judge about the hearing judge’s mistaken ruling.

A few years after the conviction, the defendant provided a name of the person who allegedly committed the robbery with France. The DA’s Office investigated that claim but concluded that that person was incarcerated at the time of the crime. However, the CRU was able to discover that he was actually on a 14-week work release program that ended two days after the murder, wherein he was furloughed six days a week and likely residing in his neighborhood of East Flatbush.

In addition, the CRU was provided with two recordings of this alternative suspect. One was a mini cassette recording of a barely audible phone conversation from 1999 that was likely recorded by the defendant’s mother, with France on the line from prison. In it, the alternative suspect mentioned the lumberyard, said “we messed up,” and described the Seiko watch as not being made of gold and the small pinky ring – details that were not known to the public. The second was a videotape from the same year, where that person was coaxed into sharing details about the incident and at some point said, “I don’t feel good. I always think about it,” and acknowledged that the wrong man was imprisoned for the crime.

The CRU also interviewed a man who was inside a pharmacy across the street from the lumberyard and claimed that the alternate suspect was France’s true accomplice – recalling that he would see him in the neighborhood around that time and watched him flee the lumberyard at the time of the murder. Finally, in a 2012 affidavit and in subsequent parole hearings, France took responsibility for his role and repeatedly stated the defendant was not involved.

For these reasons, particularly the flawed identification procedure that was compounded by errors from the hearing judge, the prosecutor, and defense counsel, the CRU recommended that Carrington’s conviction should be vacated, and his indictment dismissed. Subsequently, the office investigated the possibility of charging the alternative suspect. Regrettably, legal hurdles unique to prosecuting a crime that occurred nearly three decades ago and for which another individual was convicted at trial render prosecution of the that suspect unviable.

To date, the work of the Conviction Review Unit has resulted in 38 convictions being vacated since 2014. Currently, CRU has approximately 60 open investigations.

This case was investigated by Assistant District Attorney and CRU Editor-in-Chief, Lori Glachman, under the supervision of Charles Linehan, Unit Chief.

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FOR IMMEDIATE RELEASE

Tuesday, May 14, 2024

Construction Company Owner Convicted of Criminally Negligent Homicide in Death of 5-Year-Old Girl Struck by Pillars Following Wall Collapse

Defendant Built Dangerously Flawed Stone Fence in

Violation of Numerous Provisions of the NYC Building Code

Brooklyn District Attorney Eric Gonzalez, together with New York City Department of Investigation Commissioner Jocelyn E. Strauber and New York City Department of Buildings Commissioner James Oddo, today announced that the owner of a Nassau County construction company has been convicted of criminally negligent homicide and other charges after a wall he built collapsed on a child, killing her.

District Attorney Gonzalez said, “This is a heartbreaking instance where a young child was needlessly and senselessly taken from her family because this defendant chose to ignore safety protocols by violating numerous provisions of New York City’s building code, building a heavy stone fence and failing to secure it. Hopefully, today’s verdict will send a message that dangerous and sloppy work by contractors will have serious consequences.”

Commissioner Strauber said, “There is no excuse or tolerance for flouting the building code in New York City, conduct that can lead to dangerous conditions, fatal outcomes and, as this case shows, a criminal conviction.  I thank the Brooklyn District Attorney’s Office and the City Department of Buildings (DOB) for their partnership on this significant investigation that found the defendant had no DOB permit to construct a wall and built it without steel reinforcements, a violation of code, leading to the wall’s collapse and the tragic, needless death of a five-year-old girl.”

Commissioner Oddo said, “The death of Alysson Pinto-Chaumana was completely preventable. Simply put, if this contractor had obtained permits for the work to build this railing, and adhered to our city’s construction code regulations, this young girl would still be alive today. Since this terrible incident occurred, and a second similar fatality in 2021, the Department has conducted significant outreach to homeowners and industry professionals to get the word out about the dangers of shoddily constructed stone balustrade railings. I would like to acknowledge the hard work of District Attorney Gonzalez’s office, and our partners at the NYC Department of Investigation, for securing a meaningful conviction in this case, sending a strong message that we aren’t going to stand by as unscrupulous contractors endanger our children by cutting corners on the job.”

The District Attorney identified the defendant as Nadeem Anwar, 48, of Valley Stream and his company, City Wide Construction and Renovations, Inc., also of Valley Stream. Anwar was convicted today by Brooklyn Supreme Court Justice Danny Chun of criminally negligent homicide, first-degree offering a false instrument for filing, and second-degree falsifying business records following a bench trial. The defendant will be sentenced on August 14, 2024.

The District Attorney said that, according to the investigation, on August 29, 2019, at approximately 8:23 p.m., Alysson Pinto-Chaumana, 5, was with her mother and several friends while they were visiting a friend at 444 Harman Street, a three-story building in Bushwick, Brooklyn.

The group was outside waiting near the front door on an enclosed patio next to a granite wall that fenced in the patio and had a base of heavy stone pillars topped with stone horizontal plates. Suddenly, the pillars and a horizontal plate fell inward onto Alysson, crushing her skull and causing her death.

An investigation into the collapse determined that the defendant, a licensed contractor, who was hired to renovate the façade of the property and build the wall in September 2018 committed numerous violations of the New York City Building Code. Although he was licensed as a contractor in Nassau County, he was not authorized to file for work permits with the NYC Department of Buildings and had another contractor file the application for the work on the façade, but not for building the wall.

The defendant did not acquire a DOB permit to build a stone wall at 444 Harman Street, which was required, nor did he have a licensed engineer or architect conduct a post-construction analysis of the wall’s stability as required. A row of stone pillars must have at least one pillar every 48 inches with a steel reinforcing bar anchoring that pillar to the base. All of the pillars must also be secured to the base with an engineer-grade adhesive. The horizontal plates must be secured to the pillars with engineer-grade adhesive.

A DOB engineer who responded to the collapse observed there were no steel reinforcing bars in any of the pillars. Furthermore, he determined that there was no engineer-grade adhesive securing any of the wall’s component parts. Therefore, he determined, the wall was highly unstable and held together mostly by its own weight and gravity, an egregious violation of multiple provisions of the Building Code. The engineer described the conditions as “imminently perilous to life.”

The case was investigated by New York City Department of Buildings Director of Forensic Engineering Unit, Marco Frias, PE, and New York City Department of Investigation Chief Investigator James McElligott, under the supervision of Senior Inspector General Gregory Cho, Deputy Commissioner/Chief of Investigations Dominic Zarrella.

The case was prosecuted by Assistant District Attorney Adam Libove, Deputy Chief of the Public Integrity Bureau, and Assistant District Attorney Pamela Murray, Deputy Chief of the District Attorney’s Frauds Bureau, under the supervision of Assistant District Attorney Michel Spanakos, Deputy Chief of the District Attorney’s Investigations Division, and the overall supervision of Assistant District Attorney Patricia McNeill, Chief of the Investigations Division.

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FOR IMMEDIATE RELEASE

Monday, May 13, 2024

Bushwick Man Sentenced to 10 Years in Prison

for Illegal Possession of Ghost Guns

Defendant Assembled Arsenal of 13 Weapons Including AR-15 Style Rifles

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been sentenced to 10 years in for prison for assembling an arsenal of illegal and untraceable firearms known as ghost guns. The defendant was convicted of second-degree criminal possession of a weapon and other related charges in April after authorities recovered 13 weapons from his Bushwick apartment, including assault weapons, handguns, and rifles.

District Attorney Gonzalez said, “Ghost guns are a threat to New Yorkers everywhere, and my Office is working tirelessly with our partners in law enforcement to stop their proliferation. Today’s sentence should send a message to anyone who, like this defendant, would try to evade critically important background checks and registration requirements to manufacture and stockpile these dangerous weapons. Every ghost gun we take off the street is a win for public safety.”

The District Attorney identified the defendant as Dexter Taylor, 53, of Bushwick, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Abena Darkeh to 10 years in prison. He was convicted of two counts of second-degree criminal possession of a weapon; three counts of third-degree criminal possession of a weapon; five counts of criminal possession of a firearm; unlawful possession of pistol ammunition; and prohibition on unfinished frames or receivers on April 16, 2024, following a jury trial.

The District Attorney said that, following an investigation, members of the New York City Police Department identified Taylor as having ordered numerous ghost gun kits and component parts from various online retailers that were shipped to the defendant’s address on Eldert Street in Bushwick, Brooklyn.

A search warrant was executed at the defendant’s apartment on April 6, 2022, and numerous items were recovered, including four AR-15 style assault weapons, five handguns, four rifles and over 50 rounds of ammunition in addition to gun powder, shell casings, triggers, a 3D printer, and various upper and lower receivers used to build firearms. The weapons were being stored in an unlocked safe as well as a closet.

According to evidence presented at trial, the defendant spent approximately $40,000 to obtain the ghost guns parts and tools. The defendant did not have a gun license.

The investigation was conducted by the New York City Police Department’s Major Case Field Intelligence Team and Detective Investigators from the District Attorney’s Investigations Bureau.

The case was prosecuted by Senior Assistant District Attorney Omar Harding and Senior Assistant District Attorney Jonathan Visotzky, of the District Attorney’s Violent Criminal Enterprises Bureau, under the supervision of Assistant District Attorney Alfred De Ingeniis, VCE Bureau Chief.

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