Uncategorized

FOR IMMEDIATE RELEASE

Tuesday, March 14, 2023

Manhattan Man Indicted for Murder of Off-Duty Police Officer
During Attempted Robbery in East New York

Defendant Allegedly Lured Victim to Scene
By Advertising Car for Sale on Facebook Marketplace

 

Brooklyn District Attorney Eric Gonzalez today announced that a Manhattan man has been arraigned on an indictment in which he is charged with murder, attempted robbery and other charges for fatally shooting an off-duty police officer who went to East New York to purchase a vehicle. He has also been indicted for a second robbery under similar circumstances.

District Attorney Gonzalez said, “Police Officer Adeed Fayaz’ death is a terrible and tragic loss for his family, friends, NYPD colleagues, and the public he selflessly served. My thoughts are with all who are grieving his loss and my office will vigorously seek justice on his behalf.”

The District Attorney identified the defendant as Randy Jones, 38, of East Harlem, New York. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which he is charged with first- and second-degree murder, first-degree attempted robbery, second-degree criminal possession of a weapon, first-degree robbery and third-degree grand larceny. The defendant is being held without bail and was ordered to return to court on May 17, 2023. He faces up to life in prison without the possibility of parole if convicted of the top count.

The District Attorney said that, according to the investigation, on February 4, 2023, at approximately 7 p.m., in the vicinity of 452 Ruby Street, in East New York, Brooklyn, Officer Fayaz and his brother-in-law proceeded to meet with the seller of a Honda Pilot advertised for $24,000 on Facebook Marketplace. They left the cash in Officer Fayaz’ car.

It is alleged that the defendant, who advertised the vehicle and arranged the meeting, pulled a gun and demanded money. When told they didn’t have the money, the defendant allegedly shot Officer Fayaz in the head and fled. The brother-in-law grabbed Officer Fayaz’ gun and engaged in a gun battle with the defendant, who fled the scene.

Officer Fayaz, 26, was taken to Brookdale Hospital and was pronounced dead on February 7, 2023.

The defendant was apprehended by police in a hotel in Rockland County on February 7, 2023.

The defendant was also indicted for another incident that occurred on January 13, 2023, for allegedly luring another person to the same location after advertising a Honda Odyssey for sale on Facebook Marketplace. When the buyer arrived at the scene, the defendant allegedly pulled a gun and demanded money, robbing him of approximately $18,000.

The District Attorney thanked Homicide Paralegals Jannette Ayala and Amanda Connolly for their assistance on the case.

The case is being prosecuted by Assistant District Attorney Leila Rosini, Chief of the District Attorney’s Homicide Bureau, and Senior Assistant District Attorney Matthew Midey, also of the Homicide Bureau.

#

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

 

FOR IMMEDIATE RELEASE

Tuesday, March 14, 2023

 

Manhattan Man Indicted for Murder of Off-Duty Police Officer

During Attempted Robbery in East New York

Defendant Allegedly Lured Victim to Scene

By Advertising Car for Sale on Facebook Marketplace

            Brooklyn District Attorney Eric Gonzalez today announced that a Manhattan man has been arraigned on an indictment in which he is charged with murder, attempted robbery and other charges for fatally shooting an off-duty police officer who went to East New York to purchase a vehicle. He has also been indicted for a second robbery under similar circumstances.

            District Attorney Gonzalez said, “Police Officer Adeed Fayaz’ death is a terrible and tragic loss for his family, friends, NYPD colleagues, and the public he selflessly served. My thoughts are with all who are grieving his loss and my office will vigorously seek justice on his behalf.”

            The District Attorney identified the defendant as Randy Jones, 38, of East Harlem, New York. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which he is charged with first- and second-degree murder, first-degree attempted robbery, second-degree criminal possession of a weapon, first-degree robbery and third-degree grand larceny. The defendant is being held without bail and was ordered to return to court on May 17, 2023. He faces up to life in prison without the possibility of parole if convicted of the top count.

            The District Attorney said that, according to the investigation, on February 4, 2023, at approximately 7 p.m., in the vicinity of 452 Ruby Street, in East New York, Brooklyn, Officer Fayaz and his brother-in-law proceeded to meet with the seller of a Honda Pilot advertised for $24,000 on Facebook Marketplace. They left the cash in Officer Fayaz’ car.

            It is alleged that the defendant, who advertised the vehicle and arranged the meeting, pulled a gun and demanded money. When told they didn’t have the money, the defendant allegedly shot Officer Fayaz in the head and fled. The brother-in-law grabbed Officer Fayaz’ gun and engaged in a gun battle with the defendant, who fled the scene.

           Officer Fayaz, 26, was taken to Brookdale Hospital and was pronounced dead on February 7, 2023.

           The defendant was apprehended by police in a hotel in Rockland County on February 7, 2023.

           The defendant was also indicted for another incident that occurred on January 13, 2023, for allegedly luring another person to the same location after advertising a Honda Odyssey for sale on Facebook Marketplace. When the buyer arrived at the scene, the defendant allegedly pulled a gun and demanded money, robbing him of approximately $18,000.

           The District Attorney thanked Homicide Paralegals Jannette Ayala and Amanda Connolly for their assistance on the case.

           The case is being prosecuted by Assistant District Attorney Leila Rosini, Chief of the District Attorney’s Homicide Bureau, and Senior Assistant District Attorney Matthew Midey, also of the Homicide Bureau.

#

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

FOR IMMEDIATE RELEASE

Thursday, March 9, 2023

Driver Charged in Deadly Williamsburg Hit and Run

Allegedly Left Scene After Striking and Injuring Pedestrian

In Crosswalk Near the Brooklyn Navy Yard

Brooklyn District Attorney Eric Gonzalez today announced that a Queens man has been indicted for second-degree manslaughter, second-degree reckless endangerment, and other related charges in connection with a fatal hit and run in Williamsburg in which he allegedly struck a 59-year-old pedestrian in the crosswalk. The victim, a grandmother, suffered severe head injuries and later died.

District Attorney Gonzalez said, “Instead of stopping to call an ambulance or offer aid, this defendant heartlessly left the scene after he allegedly struck and fatally injured a beloved grandmother and cherished member of the community. After a thorough investigation, we will now seek to hold the defendant accountable for his dangerous and criminal conduct. I am committed to keeping Brooklyn’s streets safe for all people.”

The District Attorney identified the defendant as Daniel K. Buckley, 67, of Queens. He was arraigned today before Brooklyn Supreme Court Justice Matthew Sciarrino on an indictment in which he is charged with second-degree manslaughter, criminally negligent homicide, three counts of leaving the scene of an incident without reporting, second-degree reckless endangerment, reckless driving, two counts of failure to yield, improper driving on roadways laned for traffic, violating a pedestrian’s right of way in a crosswalk, and making an illegal left turn. The judge ordered the defendant to be released without bail and to return to court on May 19, 2023. He faces up to five to 15 years in prison if convicted of the top count.

The District Attorney said that, according to the investigation, on November 28, 2022, at about 5:45 p.m., the defendant was driving his 2005 GMC Envoy out of the Brooklyn Navy Yard where he was employed as a swing truck operator for the television series “The Blacklist.” Based on video surveillance obtained during the investigation, the defendant took the exit onto Kent Avenue, driving across the two-way street and into oncoming traffic. In order to avoid colliding with two vehicles travelling on Kent Avenue, the defendant allegedly made an illegal turn onto Taylor Street where he struck a pedestrian, Leah Kohn, 59, in the crosswalk.

Furthermore, according to the investigation, video surveillance shows the defendant driving off without stopping as the victim, who had the right of way, lay bleeding on the pavement.

The victim was taken to Bellevue Hospital Center where she died on December 17, 2022, due to complications from blunt force trauma to the head.

This case was investigated by New York City Police Department Detective Curt Cunningham, of the Collision Investigation Squad and Detective Investigators for the District Attorney’s office.

This case is being prosecuted by Senior Assistant District Attorney Joseph T. Tillman, and Assistant District Attorney Molly Sheehan, both of the Grey Zone Trial Bureau, under the supervision of Courtney Hogg, Deputy Bureau Chief, Grey Zone, Robert Walsh, Bureau Chief Grey Zone, and Jennifer Nocella, Deputy Bureau Chief, Street Safety Bureau.

#

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

 

FOR IMMEDIATE RELEASE

Thursday, March 9, 2023

Brooklyn District Attorney Moves to Vacate Wrongful Conviction of

Man Who Spent Over 18 Years in Prison Despite Botched Identification

Detectives Used Photo Array ID of Different Person as Probable Cause to Make Arrest, Later Misled Court About That; Prosecutorial and Judicial Errors Compounded Police Misconduct

Brooklyn District Attorney Eric Gonzalez today announced that following a thorough investigation by his Conviction Review Unit (CRU), he will move to vacate the conviction of Sheldon Thomas, 35, who was convicted of a 2004 murder in East Flatbush. The DA will also ask to dismiss the indictment and free Mr. Thomas, who’s been incarcerated for over 18 years. The defendant was arrested based on a witness identification of a different person with the same name – a mistake that was first concealed and then explained away during the proceedings. In fact, the reinvestigation concluded that detectives were intent on arresting the defendant and used the faulty identification procedure as pretext. The complete CRU report on the case is available here.

District Attorney Gonzalez said, “We must strive to ensure fairness and integrity in every case and have the courage to correct mistakes of the past. That is what we are doing in this case, where an extensive reinvestigation by my Conviction Review Unit revealed that it was compromised from the very start by grave errors and lack of probable cause to arrest Mr. Thomas. He was further deprived of his due process rights when the prosecution proceeded even after the erroneous identification came to light, making his conviction fundamentally unfair. I am determined to continue doing this critical work whenever we discover a questionable conviction in Brooklyn.”

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

The District Attorney said that three alleged gang members, including Thomas, were charged with killing 14-year-old Anderson Bercy and wounding another individual on December 24, 2004, in East Flatbush, Brooklyn. The evidence indicated that two guns were used and that the shooters were inside a white car. A witness initially identified two men she knew, who did not include defendant Thomas, as being in the car.

The case detective then asked to unseal the defendant’s prior arrest so he could use his picture in a photo array (that prior case involved the defendant pointing an inoperable gun at officers and resisting arrest). Before that request was completed, detectives obtained a photo of another Sheldon Thomas from a police database. They showed an array with that photo to the witness, who identified the wrong Thomas as being in the car with 90 percent certainty. Based on her identification, the detectives went to the defendant’s address – not to the address of the Sheldon Thomas whose photo the witness had identified – and arrested him. The defendant denied any involvement in the homicide, but the same witness who identified the other Thomas in the array also identified defendant Thomas in a lineup – effectively identifying two different people as the perpetrator. Thomas was then indicted along with the two others.

It wasn’t until a pretrial hearing in June 2006 that the array identification of the wrong Thomas came to light. After initially identifying the defendant as the Thomas in the photo array and testifying that he had never seen him before the arrest, Detective Robert Reedy, on cross examination, admitted that he falsely testified, and the defendant was actually not in the array. Another detective testified for the first time that the defendant got on their radar based on an anonymous tip and also conceded that, when questioned a few days after the murder, the defendant had told them that it wasn’t him in the photo array. (There is no indication the detectives memorialized this information and the partner’s claim that he had reported the array error to a prosecutor before the grand jury presentation was refuted in affirmations from prosecutors.)

Despite these revelations, the judge found that there was probable cause to arrest Thomas based on “verified information from unknown callers” and the fact that he resembled the other Thomas from the photo array. (Then-retired Det. Reedy was later disciplined following an investigation by the Internal Affairs Bureau.)

Before the trial started, the DA’s Office dismissed the charges against one of the three suspects, who the same witness failed to identify in a double-blind lineup and because prosecutors thought he had a credible alibi. Thomas stood trial with a codefendant, who allegedly threatened the victims two days before the shooting. The jury acquitted that codefendant. Thomas was convicted of second-degree murder, attempted murder and related counts, and was sentenced to 25 years to life in prison.

The CRU conducted a full reinvestigation and reinterviewed many of the witnesses involved in the case. It concluded that the defendant was denied due process at every stage, making his conviction fundamentally unfair. The reinvestigation found that detectives, particularly Reedy, repeatedly harassed the defendant after his gun arrest. That substantiated conduct contradicts the detective’s testimony that he had never seen the defendant before and can explain why he arrested him for the murder despite the lack of evidence.

The CRU concluded that the witness’ identifications of Thomas were prompted by the detectives. It also concluded that – despite assertions by police, prosecutors, the trial judge and an appellate panel – the Thomas in the photo array and the defendant do not look alike. Notably, in a study commissioned by the defense, 32 law students of color were shown a photo of the defendant (who is black) and then the photo array. Of them, 27 concluded the defendant was not in the photo array. Of the other five, only one thought the Thomas in the array was the defendant.

The CRU found no evidence that anonymous tips played a part in the police’s interest in the defendant as a suspect and concluded that, under the circumstance involving the erroneous photo array, there was no probable cause to make the arrest. It found the prosecutor’s tactic after the mistaken identification came to light – which was to discount the array because the witness wasn’t 100 percent sure – to be improper, since prosecutors had previously notified the defense that defendant had been identified in a photo array. The prosecutor also improperly elicited testimony that the witness saw the suspect whose case was later dismissed shooting from the car – without the jury knowing that the driver’s case was dismissed. Finally, the CRU identified serious errors by the defense counsel that were detrimental to his client and determined that judicial decisions were based on misrepresentations.

For all these reasons and others, the CRU recommended to vacate the conviction as “the errors undermined the integrity of the entire judicial process and defendant’s resulting conviction.” Because the evidence was and is defective, the case cannot be retried, and the CRU recommended to dismiss the underlying indictment.

To date, the work of the Conviction Review Unit has resulted in 34 convictions being vacated since 2014. Currently, CRU has approximately 50 open investigations.

This case was investigated by Assistant District Attorney John Sharples of the District Attorney’s Conviction Review Unit, under the supervision of Charles Linehan, Unit Chief.

#

 

FOR IMMEDIATE RELEASE

Wednesday, March 8, 2023

Brooklyn Man Indicted for Kidnapping Woman
And Fatally Setting Her on Fire

Defendant Allegedly Accused Victim of Stealing and
Selling His Comic Books Before Killing Her

 

Brooklyn District Attorney Eric Gonzalez today announced that a 28-year-old Brooklyn man has been arraigned on an indictment in which he is charged with first- and second-degree murder, kidnapping and other charges for allegedly tying a woman to a chair and fatally lighting her on fire inside an apartment in Cypress Hills. The defendant was allegedly captured on camera buying twine, a lighter, and lighter fluid at a nearby bodega shortly before the attack.

District Attorney Gonzalez said, “The brutal and completely senseless murder of an innocent woman, allegedly perpetrated by this defendant, shocks the conscience. This kind of depraved conduct will not be tolerated in Brooklyn, and we are committed to seeking justice on behalf of the victim and her loved ones.”

The District Attorney identified the defendant as Lashawn Duffie, 28, of Cypress Hills, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which he is charged with first- and second-degree murder, first-degree kidnapping and second- and third-degree robbery. He was remanded without bail and ordered to return to court on May 3, 2023. The defendant is facing a maximum sentence of life in prison without the possibility of parole if convicted of the top count.

The District Attorney said that, according to the investigation, on November 11, 2022, at approximately 12:30 a.m., outside an apartment located at Livonia Avenue in Cypress Hills, the defendant accused his former girlfriend Surgery Ramirez, 40, of stealing and selling his comic books. According to the investigation, the defendant then went to a bodega around the corner where video surveillance shows him allegedly buying twine, lighter fluid, and a lighter with cash he allegedly stole earlier from Ramirez’s friend.

Furthermore, according to the investigation, at approximately 3:50 a.m., the defendant returned to Ramirez’s apartment and allegedly assaulted her. It is alleged the defendant tied Ramirez to a chair with twine, poured lighter fluid over her, lit a match, and left the victim to burn alive. The defendant was captured on camera after the attack allegedly throwing his shirt, a lighter, and documents bearing the victim’s name into a dumpster. Firefighters responded to the scene and found the victim’s burned body. The New York City Medical Examiner later determined she died of severe burns and homicidal violence.

The defendant was arrested on January 24, 2023.

The case is being prosecuted by Senior District Attorney Evan Hannay of the District Attorney’s Homicide Bureau, with the assistance of Senior District Attorney Matthew Midey, also of the Homicide Bureau, under the supervision of Leila Rosini, Bureau Chief.

#

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

 

FOR IMMEDIATE RELEASE

Thursday, March 2, 2023

Construction Company Operator and Foreperson Convicted in
Connection With Laborer’s Death in Brooklyn Wall Collapse

Ignored Workers’ Safety Concerns, Industry Protocols, and Concerns
Expressed by Adjacent Property Owners; Victim Was Buried Under Debris

Brooklyn District Attorney Eric Gonzalez, together with New York City Department of Investigation Commissioner Jocelyn E. Strauber, and New York City Department of Buildings Acting Commissioner Kazimir Vilenchik, today announced that the operator of a Sunset Park construction company has been convicted at trial of criminally negligent homicide, tax fraud and other charges, and a foreperson at the site was convicted of criminal mischief in connection with an excavation wall collapse that killed a construction worker, Luis Almonte Sanchez, who was buried under thousands of pounds of debris.

District Attorney Gonzalez said, “Today’s verdict should send a strong message that when contractors cut corners and put their workers’ safety at risk – they will face serious and criminal repercussions. The death of Luis Almonte Sanchez was a preventable tragedy that would have been avoided if the operator of the construction site followed all safety protocols or heeded warnings about unsafe conditions.”

Commissioner Strauber said, “A worker was needlessly crushed to death by tons of debris because a construction company operator responsible for the construction site chose to ignore basic safety protocols and repeated warnings about the dangers at the site. Today’s conviction, along with the convictions of other defendants in this case, delivers the strong message that failure to follow construction safety laws has serious consequences. DOI thanks the Brooklyn District Attorney’s Office, the City Buildings Department and the Occupational Safety and Health Administration for their partnership on this important investigation and successful prosecution.”

Acting Commissioner Vilenchik said, “The death of Luis Almonte was tragic and preventable. This incident is a painful reminder that cutting corners on a construction site and ignoring safety regulations can have dire consequences. Pursuing criminal charges in response to construction-related fatalities sends an important message to the entire industry – endangering the lives of workers and the public will not be tolerated. I commend the Brooklyn DA’s Office for their efforts in this important case.”

The District Attorney identified the defendants as Jiaxi “Jimmy” Liu, 49, and Wilson Garcia Jr., 48, both of Staten Island. Following a non-jury trial, Liu was convicted today by Brooklyn Supreme Court Justice Danny Chun of criminally negligent homicide, first-degree offering a false instrument for filing, fraudulent practices in violation of worker’s compensation laws, fourth-degree city criminal tax fraud, and related counts; and Garcia was convicted of fourth-degree criminal mischief. Liu is facing a maximum sentence of eight to 16 years in prison and Garcia is facing up to one year in jail when they are sentenced on April 26, 2023. Two codefendants previously entered guilty pleas: Jia Rong “Tommy” Liu, 52, of Brooklyn, to petit larceny, and Cindy Chai, 45, of Staten Island, to tax fraud.

The District Attorney said that, according to the evidence, between April and September 2018, construction workers employed by WSC Group Inc., owned by Liu, performed demolition, excavation and foundation work at a construction site at 714 39th Street in Sunset Park. The construction involved removing a one-story industrial building and replacing it with a four-story manufacturing and community facility, including a new cellar level that would serve as an underground garage approximately nine feet below the first-floor level.

Despite warnings of dangerous conditions at the site from workers and adjacent property owners, Liu refused to stop work at the site. On September 12, 2018, at approximately 2 p.m., a portion of a support of excavation system (SOE) and an existing masonry wall – adjacent to residential apartment buildings – collapsed, trapping one of the construction workers who was performing foundation work in the immediate vicinity. That worker, Luis Almonte Sanchez, 47, an employee of WSC Group, was struck by one of the underpinning pin sections, which weighed well more than 15,000 pounds and was buried under the collapsing debris. First responders couldn’t recover Sanchez’s body until the following day due to unstable conditions at the site, which were worsened by significant rain.

The District Attorney said that the evidence showed that Liu ran WSC Group, the company hired to perform the excavation work and it was his responsibility to give instructions to the foreperson and workers. Garcia served as the foreperson and “competent person,” designated to identify hazards and take immediate action to correct the hazards on site.

According to the evidence, the defendants were obligated by law to ensure that the construction site was in compliance with regulations promulgated by the DOB and Occupational Safety and Health Administration to ensure the safety of the work site, but, in fact, the site was not in compliance and, furthermore, the defendants failed to follow the design plans submitted and approved by the DOB. They solicited new plans, which were not submitted to DOB, but ultimately didn’t follow any plans, leading to hazardous conditions at the site. Among the issues: the underpinning system wasn’t installed properly; and safe bracing procedures were not followed.

Furthermore, in the days prior to September 12, 2018, Liu was informed of a number of potentially dangerous conditions, including that the rear wall was moving forward and that some support was needed in order to stop the wall’s movement. He was also notified by a resident who lived immediately adjacent to the rear wall that her patio and garage had caved in. But, despite those warnings, Liu refused to direct the workers to install additional bracing and never halted work at the site in order to assess or remedy the conditions. Nor did he notify DOB about the conditions.

Instead, he ordered workers to continue working on the underpinning at the rear of the site and in the days immediately preceding the collapse allowed a trucking company to continue to remove truckloads of dirt during a heavy rainstorm, further destabilizing the site and contributing to the fatal collapse.

In addition, WSC defrauded the New York State Insurance Fund by making false statements about who it was employing, and also committed tax fraud by failing to file taxes between 2015 and 2018.

The case was investigated by DOI, specifically the late Investigative Inspector Ross Hoffman, Chief Investigator James McElligott and Special Investigator Alejandra Gomero, under the supervision of Inspector General Gregory Cho, Deputy Commissioner/Chief of Investigations Dominick Zarrella and First Deputy Commissioner Daniel Cort, with assistance from DOI’s squad of NYPD Detectives.

DOB Executive Engineer for Engineering Services Geoff Eisele and Assistant Chief Inspector Greg Gonzalez assisted in the investigation. New York State Insurance Fund Investigator Maliaka Williams, Division of Confidential Investigations and OSHA Safety Engineer Mitchel Konca and Safety Engineer James Ng, also assisted in the investigation.

The New York City Sheriff’s Bureau of Criminal Investigation’s Tax Auditor Giselle Decamps-Guthrie and Bureau Chief Gary Wong assisted in the investigation.

The case is being prosecuted by Assistant District Attorney Francis Longobardi, Special Counsel at the Brooklyn District Attorney’s Fraud Bureau, and Senior Assistant District Attorney Yuri Zanow, of the District Attorney’s Investigations Division, under the supervision of Assistant District Attorney Gregory Pavlides, Chief of the District Attorney’s Fraud Bureau, and 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.

#

 

FOR IMMEDIATE RELEASE

Thursday, March 2, 2023

Man Sentenced to 20 Years in Prison for Rape of Woman Near Prospect Park

Defendant Grabbed the Victim as She Walked Home,
Sexually Assaulted Her Multiple Times

Brooklyn District Attorney Eric Gonzalez today announced that a 32-year-old man has been sentenced to 20 years in prison for sexually assaulting a woman in the early morning hours of November 18, 2018, after approaching her from behind and putting her in a chokehold. The defendant was convicted on December 15, 2022 following a jury trial.

District Attorney Gonzalez said, “Keeping our streets safe from violent sexual predators is a top priority and I am committed to seeking justice for victims of sexual assault. This was a vicious, life-altering attack that profoundly affected the victim and her family. It took great courage for her to testify at trial and ensure that this defendant would be held accountable for his actions.”

The District Attorney identified the defendant as Mowngly Lucas, 32, who was living in a Queens homeless shelter at the time of his arrest. He was sentenced today to 20 years in prison and 15 years’ post-release supervision by Brooklyn Supreme Court Justice Heidi Cesare. He must also register as a sex offender upon his release from prison. The defendant was convicted of first-degree rape, third-degree burglary as a sexually motivated felony, third-degree robbery, second-degree unlawful imprisonment, and fourth-degree criminal mischief following a jury trial.

The District Attorney said that, according to the investigation, on November 18, 2018, at approximately 5 a.m., the victim, who was 59 years old at the time of the attack, was walking on Parkside Avenue at Parade Place when she was grabbed from behind by the defendant, who put her in a chokehold and told her he had a gun and a knife.

The defendant then dragged the woman to a bench across the street from Prospect Park and told the victim to pull down her pants and lie on the ground and then he raped her. Furthermore, the defendant then dragged her over to a white commercial van parked on Parkside Avenue and raped her again.

Finally, the defendant put his arm around the victim’s neck, causing her to have difficulty breathing. He then broke a window on the van and demanded that the victim get into the van. He then entered the van, sexually abused the victim and raped her a third time. He then stole money from her purse and fled.

The defendant was arrested by New York City Police Department detectives assigned to the Brooklyn Special Victims Squad on November 28, 2018, following an investigation.

The District Attorney thanked Paralegal Supervisor Melissa Palmaccio of the Special Victims Bureau and Lawrence Washington, of the DA’s Multimedia Services Unit, for their assistance on the case.

The case was prosecuted by Assistant District Attorney Linda Weinman, Counsel to the District Attorney’s Special Victims Bureau and Senior Assistant District Attorney Sapna Kishnani, also of the Special Victims Bureau, under the supervision of Assistant District Attorney Miss Gregory, Bureau Chief.

#

 

FOR IMMEDIATE RELEASE

Wednesday, March 1, 2023

Disbarred Lawyer Sentenced to 1 to 3 Years in Prison for
Embezzling Approximately $575,000 from Brooklyn Clients

Defendant Also Stole Approximately $96,000 in COVID-19 Relief Funds

Brooklyn District Attorney Eric Gonzalez today announced that a former attorney from New Jersey has been sentenced to one to three years in prison for stealing approximately $575,000 in settlement funds from two dozen of his clients in Brooklyn as well as approximately $96,000 in COVID-19 relief funds. The defendant, who has since been disbarred, pleaded guilty to second- and third-degree grand larceny in December 2022.

District Attorney Gonzalez said, “This defendant repeatedly violated his oath as an attorney and betrayed the trust of his clients by pocketing hundreds of thousands of dollars in settlement money and COVID-19 relief funds to which he was not entitled. Criminal conduct in the legal profession is unacceptable, and today’s sentence sends a strong message that it will be prosecuted vigorously by my Office. I would like to thank the Lawyers’ Fund for reimbursing the victims in this case and for the work it does to restore trust.”

Michael J. Knight, Executive Director of the Lawyers’ Fund for Client Protection said: “The theft of law client money is not only a crime, but a profound violation of the trust placed in lawyers. On behalf of the over 351,000 members of New York’s legal profession, the Lawyers’ Fund strives to restore that trust by reimbursing the financial harm caused by the statistically few in our profession who cause such losses. The New York Lawyers’ Fund is tremendously grateful to the Kings County District Attorney’s office for its invaluable assistance to our Fund in making meaningful restitution to the victimized law clients of Mr. Herbert.”

The District Attorney identified the defendant as Raleigh Douglas Herbert, 61, of Chatham, New Jersey. He was sentenced today before Brooklyn Supreme Court Justice Danny Chun to one to three years in prison. The defendant pleaded guilty to second- and third-degree grand larceny as well as first-degree scheme to defraud on December 16, 2022.

The District Attorney said that, according to the evidence, from 2015 to 2021, the defendant, who handled wrongful arrests and personal injury cases against New York City, embezzled approximately $493,000 from 16 of his clients in Brooklyn by depositing checks received from negotiated settlements into his attorney escrow account.

To conceal these thefts, the defendant lied to his clients about why they did not receive the money, which included blaming COVID-19 related court closures or claiming that the victims had liens that prevented him from paying them when no such liens existed. The defendant spent much of the embezzled funds on various personal expenses and unrelated debts.

Furthermore, according to the evidence, the defendant stole approximately $96,000 by filing fraudulent loan applications through the COVID-19 Paycheck Protection Program (PPP) run by the U.S. Small Business Administration.

The defendant was arrested on February 1, 2022, and again on May 2, 2022, under two separate indictments which were then combined. The defendant was arrested for a third time, on December 7, 2022, on a felony complaint charging him with stealing approximately $77,000 from eight additional clients who came forward following his second arrest.

The defendant was suspended from practicing law in New York State in March 2021, but continued to represent a client in a wrongful death lawsuit against the New York City Police Department. The defendant did not tell the client – who was set to receive a $750,000 settlement – he had been suspended.

The defendant was disbarred in June 2022.

To date, the Lawyers’ Fund for Client Protection of the State of New York has reimbursed a total of approximately $470,000 to 16 of the defendant’s victims.

The case was prosecuted by Senior Assistant District Attorney Jake A. Nasar of the District Attorney’s Organized Crime and Racketeering Bureau and Assistant District Attorney Adam Libove, Deputy Chief of the District Attorney’s Public Integrity Bureau, under the supervision of Assistant District Attorney Laura Neubauer, Chief of the Public Integrity Bureau, and Assistant District Attorney Christopher Blank, Chief of the Organized Crime and Racketeering Bureau, and the overall supervision of Assistant District Attorney Michel Spanakos, Deputy Chief of the District Attorney’s Investigations Division and Assistant District Attorney Patricia McNeill, Chief of the Investigations Division.

#

 

FOR IMMEDIATE RELEASE

Monday, February 27, 2023

 

Veteran Court Employee Indicted for Stealing over $69,000 

 Defendant Worked as Supervising Cashier in the Kings County Clerk’s Office

Brooklyn District Attorney Eric Gonzalez, together with New York State Unified Court System Inspector General Sherrill Spatz, today announced that a Staten Island woman has been arraigned on an indictment in which she is charged with grand larceny, tampering with public records, falsifying business records, offering a false instrument for filing, and official misconduct for allegedly stealing more than $69,000 by voiding cash transactions involving court filings and pocketing the money.

District Attorney Gonzalez said, “This defendant’s alleged theft is a betrayal of the trust of her employer and the public. We will now seek to recover the funds allegedly stolen from the court and hold this defendant accountable.”

Inspector General Spatz said, “We appreciate the hard work of the Office of Court Administration auditors and the support and efforts of the Brooklyn District Attorney’s Office to further investigate and prosecute this case.”

The District Attorney identified the defendant as Lori Argiro-DiPietro, 55, of Staten Island, New York. She was arraigned today before Brooklyn Supreme Court Justice Danny Chun on a 47-count indictment in which she is charged with second-degree grand larceny, first-degree tampering with public records, first-degree falsifying business records, first-degree offering a false instrument for filing, and official misconduct. She was released without bail and ordered to return to court on April 26, 2023.

It is alleged that between January 1, 2020 and August 9, 2022, the defendant allegedly voided at least 436 cash transactions totaling $69,515.50 according to the investigation.

It is further alleged that the defendant stole the $69,515.50 by voiding cash transactions involving persons who paid to file or obtain documents from the Court, such as divorce or business certificate filings. Although the defendant filed the documents or provided copies to the persons seeking them, she allegedly voided the transactions in the records of the New York State Unified Court System and kept the funds.

Argiro-DiPietro worked for the Unified Court System for 37 years before she was terminated on August 10, 2022. The investigation began following a routine audit by the NYS Unified Court System’s Internal Audit Services office of the financial records and internal controls of the Kings County Clerk’s Office, specifically relating to cash receipts and disbursements of KCCO’s Cashier’s Office.

The case was referred to the District Attorney’s office by the Unified Court System’s Inspector General’s Office.

The case is being prosecuted by Senior Assistant District Attorney Tammy Chung of the District Attorney’s Public Integrity Bureau, under the supervision of Assistant District Attorney Adam Libove, Deputy Bureau Chief, and Assistant District Attorney Laura Neubauer, Bureau Chief, and the overall supervision of Assistant District Attorney Michel Spanakos, Deputy Chief of the District Attorney’s Investigations Division and Assistant District Attorney Patricia McNeill, Chief of the Investigations Division.

#

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

 

FOR IMMEDIATE RELEASE

Wednesday, February 22, 2023

 

Coney Island Teenagers Indicted for Beating and Stabbing Death of

17-Year-Old Boy in After School Gang Assault

 Thirteen-Year-Old Charged with Murder for Allegedly Stabbing Victim to Death; Co-Defendants Charged with Manslaughter for Allegedly Kicking and Punching Victim

            Brooklyn District Attorney Eric Gonzalez today announced that three teenagers have been arraigned on an indictment in which they are variously charged with murder, manslaughter and gang assault for allegedly fatally attacking a 17-year-old boy in Coney Island in an after-school assault stemming from a dispute over a girl.

            District Attorney Gonzalez said, “Nyheem Wright had his whole life ahead of him when he was brutally and senselessly murdered, and my heart goes out to his family, friends and all those impacted by this horrific crime. That this terrible attack was allegedly committed by young teenagers is shocking and heartbreaking, but we will not tolerate this kind of violence in Brooklyn, and my office will vigorously seek justice on Nyheem’s behalf.”

            The District Attorney said the defendants are 13- ,14- and 16-year-old boys, all of Coney Island, Brooklyn. They were arraigned today before Brooklyn Supreme Court Justice Craig Walker on an indictment in which they are variously charged with second-degree murder, first-degree manslaughter and first- and second-degree gang assault. The 13- year-old defendant is being held without bail, the 14-year-old’s bail is set at $50,000 cash or $75,000 bond and the 16-year-old’s bail is set at $75,000 cash or $100,000 bond. The defendants were ordered to return to court on April 12, 2023. The 13-year-old faces a maximum sentence of nine years to life in prison if convicted of the top count with which he is charged. The two other defendants face up to 10 years in prison if convicted of the top count with which they are charged.

            The District Attorney said that, according to the investigation, on January 20, 2023, at approximately 3:15 p.m., the victim, Nyheem Wright, 17, was in front of a strip mall located at 3001 Mermaid Avenue with his twin brother when he was allegedly surrounded by the defendants and a fight ensued. The two older defendants allegedly kicked and punched Nyheem about the head and body and the youngest defendant then allegedly charged at the victim and stabbed him in the torso.

            The defendants fled the scene and turned themselves into police two days later.

            Nyheem Wright died of a stab wound to the torso, according to the Office of the New York City Chief Medical Examiner.

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

#

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