FOR IMMEDIATE RELEASE

Wednesday, October 26, 2022

 

Brooklyn District Attorney Eric Gonzalez Announces the
Creation of New Gender-Based Violence Division

Will Include Domestic Violence, Sex Crimes, Human Trafficking, Victim Services and More;
Led by Experienced Prosecutor and National Expert on Intimate Partner Violence

 

Brooklyn District Attorney Eric Gonzalez today announced the creation of the Gender- Based Violence Division, which includes the Domestic Violence and Sex Crimes Bureaus, the Human Trafficking, Crimes Against Children and Victim Services Units, Family Justice Center operations and the U-Visa practice that allows non-citizen crime victims to remain lawfully in the United States. Cases handled by the new Division share common evidentiary issues, require a trauma-informed, victim-centered response and benefit from a unified, and not siloed, management. Assistant District Attorney Michelle Kaminsky will lead the Division in a newly created executive position.

District Attorney Gonzalez said, “Improving the way we approach gender-based violence has long been a goal of my administration and creating this new Division will go a long way toward achieving that. The same trauma-informed and survivor-centered approach is necessary when handling cases of sexual abuse, intimate partner violence or trafficking, and when providing support to survivors. I am confident that under this new structure and with guidance from a nationally recognized expert and veteran prosecutor, the Brooklyn DA’s Office will be able to better assist victims and more effectively bring offenders to justice.”

The District Attorney said that he is creating the Division in response to intersectionality of issues that the various Bureaus and Units share, the common evidentiary themes in their cases, and the critical need for a unified, coordinated and consistent response to the various federal and state remedies that are available to survivors of gender-based violence. In addition, victims of domestic violence or trafficking may also be victims of sex crimes.

Creating the new Division is also a response to the critical need to elevate the issue of gender-based violence, especially due to recently enacted regressive policies towards women and their bodily autonomy on the national level and the statistical link between gun violence and domestic violence. A review of data from the last five years in Brooklyn showed that 20% of gun offenders have a domestic violence history (an undercount, given that the analysis could not include sealed cases). The Division will also handle cases that fall under the Domestic Violence Survivors Justice Act, which provides for more lenient sentences and post-conviction relief to those who committed crimes while in a domestic violence relationship that was found to be a contributing factor as to why they committed the crime.

The District Attorney said that ADA Kaminsky is exceptionally well-suited to lead this important work. After joining the DA’s Office following her graduation from Brooklyn Law School, she has served the people of Brooklyn for three decades with incredible skill, compassion, and fairness. She most recently served as Chief of the Domestic Violence Bureau – the largest bureau in the Office – supervising the prosecution of approximately 10,000 cases per year. These cases are often among the most gut-wrenching and also the most legally challenging.

ADA Kaminsky is a sought-after expert, lecturing at conferences nationwide on the legal response to domestic violence. In 2012, she published a book on her experiences handling these cases which continues to be used in college and law school classes, and she is recognized as a leading voice on legislation and policy, working with the Obama and Biden Administrations. A respected trial attorney, she has tried 39 cases, including 20 domestic violence homicides. Many of these cases involved challenging defenses, including extreme emotional disturbance, battering and its effects, alcohol induced dementia, and self-defense. Among many significant cases, she tried a man who was convicted of murdering his ex-girlfriend in Brooklyn Bridge Park in a case that relied on cell site data and evidence from Facebook.

 

          #

FOR IMMEDIATE RELEASE

Wednesday, October 19, 2022

 

Brooklyn Man Sentenced to 12 to 24 Years in Prison in Connection to

Seven Separate Attacks on Women in East Williamsburg

 Defendant Pleaded Guilty to Hate Crime Charges for Targeting Light-Skinned Women

 

Brooklyn District Attorney Eric Gonzalez announced today that an East Williamsburg man has been sentenced to 12 to 24 years in prison for a series of attacks on women in East Williamsburg, selecting his victims based on their gender and skin color.

District Attorney Gonzalez said, “Today’s lengthy prison sentence holds this predator accountable for his terrifying spree of violent attacks on women and sends a strong message that we will not tolerate hate crimes in Brooklyn. My office remains committed to seeking justice for all hate crime victims, and I thank these very strong women for their courage and cooperation.”

The District Attorney identified the defendant as Khari Covington, 31, who resided in an East Williamsburg transitional housing center. The defendant, who was deemed a mandatory violent persistent felony offender, was today sentenced by Brooklyn Supreme Court Justice Danny Chun to 12 to 24 years in prison. He pleaded guilty on September 7, 2022 to third-degree burglary as a hate crime, second-degree attempted strangulation as a hate crime and third-degree assault as a hate crime.

The District Attorney said that, according to the investigation, between August 5, 2020 and January 4, 2021, the defendant assaulted seven women, whom he targeted because they were women and light-skinned, according to his statements to investigators.

The incidents include the following:

• An assault on August 5, 2020 at approximately 9:45 a.m., inside 20 Morgan Avenue.
• An assault on November 17, 2020, at approximately 8 p.m., inside the Morgan Avenue train station.
• An assault on December 11, 2020 at approximately 9:15 p.m. at the Morgan Avenue train station.
• An assault on December 28, 2020, at approximately 5 p.m., inside the Morgan Avenue train station.
• An assault on January 1, 2021, at approximately 8:35 p.m., inside the Morgan Avenue train station.
• An assault on January 2, 2021, at approximately 9:50 p.m., inside the Morgan Avenue train station.
• An assault on January 4, 2021, at approximately 5:10 p.m., inside a smoke shop located at 12 Wilson Avenue.

Paralegal Michael Chung of the District Attorney’s Hate Crimes Bureau assisted in the case.

The case was prosecuted by Assistant District Attorney Adriana Rodriguez, Deputy Chief of the Blue Zone Trial Bureau (formerly of the District Attorney’s Hate Crimes Bureau) and Senior Assistant District Attorney Sharmalee Brooks-Gordon, of the Hate Crimes Bureau, under the supervision of Assistant District Attorney Kelli Muse, Chief of the Hate Crimes Bureau.

#

FOR IMMEDIATE RELEASE

Thursday, October 13, 2022

 

 

Brooklyn Man Charged with Murder and Assault for Killing Woman and Injuring Four Others While Allegedly Driving Recklessly, Evading Police

Was Allegedly Speeding and Weaving into Oncoming Traffic;

Decedent’s 8-year-old Grandson Suffered Serious Brain Injuries

  

            Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been indicted for depraved indifference murder, assault, and related charges for causing the death of a woman, seriously injuring her grandson, and wounding three others when he allegedly fled a police officers’ car stop at a high rate of speed, ran red lights and crashed into a cyclist, pedestrians, another vehicle and a bodega, before fleeing the scene on foot.

           District Attorney Gonzalez said, “This defendant’s alleged recklessness behind the wheel of a stolen vehicle cost a beloved grandmother her life and injured others as he fled from a traffic stop. Everyone in Brooklyn deserves to feel safe on our streets, and we will now seek to hold this defendant accountable for his horrific alleged crimes.”

            The District Attorney identified the defendant as Tyler Green, 22, of Bedford-Stuyvesant, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Dena Douglas on a 35-count indictment in which he is charged with second-degree murder, first- and second-degree assault, second-degree manslaughter and other related counts. The defendant was ordered held without bail and to return to court on November 2, 2022. He faces a maximum sentence of 25 years to life in prison if convicted of the top count.

            The District Attorney said that, according to the investigation, on June 25, 2022, at about 7:10 p.m., the defendant was driving a stolen Honda HR-V when police officers stopped him at the corner of Ralph Avenue and Chauncey Street in Bedford-Stuyvesant after observing him run a stop sign and determining that the license plate did not match the vehicle.

            The defendant allegedly took off at a high rate of speed and drove four blocks, to the intersection of Ralph Avenue and Macon Street, where he weaved around cars that were stopped at a red light and entered the intersection against the light and against traffic. He then struck a 28-year-old cyclist who was going in the opposite direction, causing the cyclist to suffer a fracture to his leg.

            The defendant also struck Lyn Christopher, 68, who was crossing Ralph Avenue with the light, along with her 8-year-old grandson who was visiting from Atlanta. The grandmother died at the scene and the boy suffered traumatic head injuries and is still hospitalized. The defendant kept going, allegedly running another red light one block away, T-boning a vehicle and injuring its 24-year-old driver who suffered a fractured collar bone. His car then jumped the curb and crashed into a bodega, causing minor injuries to a 43-year-old bodega employee who was standing outside.

            The defendant then allegedly jumped out of the car, along with his passenger, and fled on foot. The entire incident was captured on video and additional videos showed the defendant running back to his home on Gates Avenue, about a mile away. DNA matching the defendant was recovered from the deployed airbag of the Honda.

            The case is being prosecuted by Senior Assistant District Attorney Sarah Jafari, of the District Attorney’s Homicide Bureau and formerly of the District Attorney’s Grey Zone Trial Bureau, with the assistance of Assistant District Attorney Jennifer Nocella, Deputy Chief of the District Attorney’s Street Safety Bureau, and under the supervision of Assistant District Attorney Courtney Hogg, Deputy Chief of the Grey Zone, and Assistant District Attorney Robert Walsh, Bureau Chief.

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

 

#

FOR IMMEDIATE RELEASE

Thursday, October 6, 2022

 

Brooklyn Mother Indicted for Killing her Three Children

Allegedly Drowned Children in the Ocean off the Coney Island Boardwalk

 

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn woman has been indicted on first-degree murder and related charges for allegedly drowning her three children – who were 3 months old, 4-years-old, and 7-years-old – in the ocean near their home in Coney Island.

District Attorney Gonzalez said, “These innocent young children had their entire lives ahead of them when their own mother allegedly drowned and left them on a Coney Island beach. This is a shocking and unspeakable crime, and with this prosecution, we will seek justice.”

The District Attorney identified the defendant as Erin Merdy, 30, of Coney Island, Brooklyn. She was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which she is charged with three counts of first-degree murder and nine counts of second-degree murder. The defendant is facing a maximum sentence of life without the possibility of parole if convicted of the top count. She is being held without bail and was ordered to return to court on November 30, 2022.

The District Attorney said that, according to the investigation, on September 12, 2022, at approximately 12:37 a.m., the defendant allegedly took her three kids – Zachary Merdy, 7, Liliana Stephens Merdy, 4, and Oliver Bondarev, 3 months – to the beach near West 35th Street in Coney Island and drowned them in the ocean.

At approximately 1:25 a.m., she began walking from the beach, alone, towards the apartment of the father of the youngest child, located in Brighton Beach, over two miles away. The defendant called family members upset, and when she would not answer questions regarding the whereabouts of her children, relatives and the father went to look for her and called 911.

The police initiated a search and, at about 4:30 a.m., located the children, who were unresponsive and wet, on the shoreline near West 35th Street. They were pronounced dead at Coney Island Hospital. When the defendant’s family members found her in Brighton Beach wet and barefoot, she repeatedly said that the children were gone and that she was sorry, according to the investigation.

The case is being prosecuted by Assistant District Attorney Ernest Chin, Deputy Bureau Chief of the District Attorney’s Homicide Bureau, and Senior Assistant District Attorney Jhounelle Cunningham, also of the 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.

FOR IMMEDIATE RELEASE

Tuesday, September 27, 2022

 

 

Flatbush Landlord Sentenced to Jail and Probation
in Connection with Fatal Fire that Left One Tenant Dead

Defendant Rented Out Illegally Subdivided Apartments Leading to Unsafe Conditions

 

            Brooklyn District Attorney Eric Gonzalez, New York City Department of Investigation Commissioner Jocelyn E. Strauber, New York City Fire Department Acting Commissioner Laura Kavanagh and New York City Buildings Department Commissioner Eric Ulrich, announced today that the owner of an illegally subdivided Flatbush apartment building has been sentenced to six months in jail and five years’ probation in connection with a fatal two-alarm fire in 2019 that left one tenant dead and six others injured.

 

            District Attorney Gonzalez said, “This landlord’s unconscionable negligence cost an innocent man his life and left six others injured when a horrific fire broke out in his illegal apartments. Today’s sentence holds him accountable and sends a strong message to landlords who put profit over the health and safety of their tenants that violations of our housing laws and regulations can come with serious consequences.”

 

            Commissioner Strauber said, “The City’s housing laws and regulations protect tenants’ safety, including in the event of a fire.  This defendant broke those laws, renting out four illegally-subdivided apartments and creating other hazardous conditions that led to the death of one tenant and injuries to the others when a two-alarm fire broke out in his property.  Mr. Leon’s conviction and sentence for criminally negligent homicide reflects his utter disregard for his tenant’s lives and his legal obligations.  I thank the Brooklyn District Attorney’s Office, the City Department of Buildings and Fire Department for their commitment and partnership on this investigation.”

 

            Acting Commissioner Kavanagh said, “This landlord forced his residents to live in incredibly unsafe conditions which led to a fire that claimed the life of one innocent New Yorker, and needlessly risked the lives of other occupants and dozens of Firefighters who bravely responded to fight the fire. The outstanding efforts of our Fire Marshals to determine the cause and origin of this fire were critical to the investigation. Thank you to the members of the Department of Investigation and the Department of Buildings for their close collaboration with our Marshals and thank you to District Attorney Gonzalez for his office’s work to bring justice in this case.”

 

            Commissioner Ulrich said, “The defendant carved up a building into illegal apartments without regard for fire-safety protections – causing the death of one tenant, injuring six others, and even putting his own family at risk. I commend District Attorney Gonzalez for his swift prosecution in this case. He is sending a strong message to New Yorkers that we will not tolerate landlords who act recklessly and disregard the law.”

 

            The District Attorney identified the defendant as Evener Leon, 63, of Flatbush, Brooklyn. He was sentenced today to six months in jail and five years’ probation by Brooklyn Supreme Court Justice Danny Chun. The defendant was convicted of criminally negligent homicide on May 23, 2022, following a bench trial.

 

            The District Attorney said that, according to the evidence, Leon owned 1776 Nostrand Avenue, a three-story, two-family dwelling with a commercial space on the first floor. The defendant’s family lived in the second-floor apartment and the third-floor apartment was divided into four illegal apartments occupied by a total of seven adults and four children.

 

            Furthermore, according to the evidence, the building did not have gas or heat because the defendant stopped paying his utility bills years before the fire. Instead, he provided tenants with space heaters and some of the tenants used hot plates to cook their meals.

 

            On December 2, 2019, at approximately 4:00 a.m., a two-alarm fire erupted on the second floor and spread to the third floor, according to the evidence. Most of the tenants suffered some smoke inhalation and other injuries as they crowded onto a rear fire escape to get out of the building.

 

            A tenant who lived in a small room in the front of the building, Jean Yves Lalanne, 70, was trapped in what firefighters refer to as a “dead man’s room” because once the fire engulfed the stairwell, he had no way to safely exit the property. There was no fire escape in the front of the building and at least one of the rear illegal apartments was locked, which prevented him from reaching the fire escape in the rear. Lalanne jumped from his third-floor window and fell to his death.

 

            Fire Marshals determined that it was an electrical fire that started in the vicinity of the insulation of a cord connected to a space heater in the rear bedroom on the second floor.

            Additionally, there were no sprinkler heads on the second or third floors, and there were no fire-proof or self-closing doors on the third floor, all of which were violations of provisions of the New York State Multiple Dwelling Law.

 

            The District Attorney thanked the New York City Department of Investigation, the New York City Department of Buildings and the New York City Fire Department for their assistance in this investigation.

 

            The case was prosecuted by Special Counsel to the Frauds Bureau Frank Longobardi and Senior Assistant District Attorney Rina Lee, also of the District Attorney’s Frauds Bureau, under the supervision of Assistant District Attorney Gregory Pavlides, Chief of the Frauds Bureau, and the overall supervision of Michel Spanakos, Deputy Chief of the District Attorney’s Investigations Division, and Assistant District Attorney Patricia McNeill, Chief.

 

          #

FOR IMMEDIATE RELEASE
Friday, February 4, 2022

 

Brooklyn Man Sentenced for Stealing or Attempting to Steal Over
$1 Million in Credit Fraud Scheme Targeting Pentagon Federal Credit Union

Stole Identities of More Than 178 Individuals to Apply for
Loans and Credit Cards in Massive Scheme

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been sentenced to three to nine years in prison following his guilty plea to grand larceny for stealing or attempting to steal over $1 million from Pentagon Federal Credit Union. The defendant used stolen personal information of more than 178 individuals to apply for loans and credit cards in their names and then transfer money to his own accounts. The defendant stole over $320,000 from Pentagon Federal Credit Union and attempted to steal additional funds totaling over $870,000 over the course of the fraudulent scheme.

District Attorney Gonzalez said, “This defendant had no regard for the impact of his crimes on those whose identities he stole or the financial institutions he defrauded. This prison sentence sends a strong message that cybercrimes such as this massive identity theft scheme will be prosecuted vigorously and that those who victimize others online face serious consequences.”

The District Attorney identified the defendant as Joseph Batrony Jr., 31, of Crown Heights, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Danny Chun to three to nine years in prison. The defendant pleaded guilty to second-degree larceny on August 5, 2021.

The District Attorney said that, according to the investigation, from approximately September 2017 to May 2018, the defendant engaged in a scheme to defraud Pentagon Federal Credit Union (PenFed), a federal credit union headquartered in McLean, Virginia. He used stolen personal information of more than 178 individuals to open PenFed membership accounts and apply for loans and credit cards in their names before transferring the money to his own accounts or accounts of people related to or associated with him.

The identity theft victims are primarily residents of Western states whose personal information—including names, dates of birth and Social Security numbers—appear to be among those stolen in past “data breaches” targeting various institutions. Batrony allegedly obtained and used this information in his criminal scheme but has not been implicated in the commission of the data breaches.

Between September and October 31, 2017, the defendant filled out hundreds of online applications and made or attempted transfers of money, including 59 applications or transfers on October 27, 2017 and 42 applications made on September 29, 2017. After October 31, 2017, PenFed blocked the remainder of his attempted money transfers, including several online applications Batrony filled out in his own name, or that of an alias, “Aaron Green.” The accounts the defendant attempted to set up in his own name and that of his alias used a Kingston Avenue, Brooklyn address and telephone number associated with Batrony. Investigators with the Brooklyn District Attorney’s Office found that Batrony also used a mail drop service on Albany Avenue to receive mail and packages in the name of “Aaron Green.”

In April 2018, PenFed contacted the United States Secret Service regarding the account application made in the name of “Aaron Green,” as well as the connections PenFed had discovered among the hundreds of other fraudulent account applications. Secret Service agents determined the information “Aaron Green” submitted to open an account and apply for a $24,000 loan from PenFed included a fake New York State driver’s license with a photo that matched Batrony and a counterfeit Social Security card that belonged to a juvenile in Idaho.

Batrony transferred or attempted to transfer funds to 10 financial accounts in his name, in the name of Aaron Green or into accounts in the names of relatives, friends or “money mules”— people who would allow the defendant to use their account in exchange for a payment.

District Attorney Gonzalez offered the following tips for avoiding cybercrime and identity theft:

1. Use strong passwords and change them frequently
2. Enable two-factor authentication whenever available
3. Keep software up to date and use anti-virus and anti-malware tools
4. Only connect to the internet using trusted and secure networks
5. Set all social media settings to private
6. Do not provide sensitive personal or financial information in response to unsolicited emails or calls
7. Shred documents containing financial information
8. Educate family members about online safety and identity theft
9. Review your credit reports regularly and set up alerts for changes
10. Report suspected identity theft to financial institutions and law enforcement

For additional tools, go to IdentityTheft.gov

The case was investigated by the United States Secret Service.

Supervising Financial Investigator Deborah Wey of the District Attorney’s Investigations Division assisted in the investigation.

The case was prosecuted by Assistant District Attorney Samantha Magnani, former Chief of the Construction Crimes and Labor Frauds Unit, and Senior Assistant District Attorney Rina Lee, of the Frauds Bureau, under the supervision of Assistant District Attorney Gavin Miles, of the Frauds Bureau, and the overall supervision of Assistant District Attorney Patricia McNeill, Chief of the District Attorney’s Investigations Division.

#

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

 

FOR IMMEDIATE RELEASE
Tuesday, February 1, 2022

 

Suspended Lawyer Indicted for Embezzling $400,000 from Brooklyn Clients

Defendant Allegedly Stole Settlement Money from Nine Clients and Represented
A Plaintiff in A Civil Case In Brooklyn While Suspended

Brooklyn District Attorney Eric Gonzalez today announced that an attorney, who was suspended from practicing law in March 2021, has been charged with embezzling approximately $400,000 from nine clients in Brooklyn and practicing law while suspended.

District Attorney Gonzalez said, “Attorneys have a special duty to protect their clients’ interests, but this defendant allegedly betrayed that trust and his oath by stealing hundreds of thousands of dollars in settlements owed to those he represented. The criminal misconduct alleged in this indictment cannot be tolerated in the legal profession, and we are committed to holding this defendant accountable and vindicating the rights of his alleged victims.”

The District Attorney identified the defendant as Raleigh Douglas Herbert, 60, of Chatham, New Jersey. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which he is charged with second-degree and third-degree grand larceny, first-degree scheme to defraud, second-degree criminal contempt, and practicing law as an attorney while being suspended. The defendant was released without bail and ordered to return to court on April 5, 2022.

The District Attorney said that, according to the investigation, from 2015 to 2021, the defendant, who handled wrongful arrests and personal injury cases against New York City, embezzled approximately $400,000 from nine of his clients in Brooklyn by depositing checks received from negotiated settlements into his attorney escrow account.

To conceal these thefts, the defendant allegedly 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 is alleged to have spent much of the embezzled funds on various personal expenses and unrelated debts.

It is further alleged that, despite being suspended from practicing law in New York State as of March 5, 2021, the defendant continued to represent a client in a wrongful death lawsuit against the New York City Police Department. The defendant allegedly did not tell the client – who was set to receive a $750,000 settlement – he had been suspended.

During District Attorney Gonzalez’s tenure, the Office has prosecuted more than twelve attorneys for misconduct related to their work.

People who believe they have been victimized by this defendant are encouraged to contact the District Attorney’s Action Center at 718-250-2340.

The case is being 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.

#

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

 

FOR IMMEDIATE RELEASE
Monday, January 31, 2022

 

Off-Duty Police Officer Arraigned on Indictment Charging Him With
Assault and Menacing as Hate Crimes in Anti-Muslim Attack

  Defendant Allegedly Used Racial Slurs During Alleged Road Rage Assault of Motorist

Brooklyn District Attorney Eric Gonzalez today announced that an off-duty police officer was arraigned on an indictment in which he is charged with assault as a hate crime, menacing as a hate crime and aggravated harassment for the alleged attack on a driver during a traffic altercation in Kensington, Brooklyn.

District Attorney Gonzalez said, “This defendant is charged with brutally assaulting a man until he lost consciousness while using anti-Muslim slurs following a traffic altercation. We have no tolerance for hate-motivated violence in Brooklyn, and the alleged conduct is especially reprehensible because the defendant is a law enforcement officer. The prosecution of hate crimes is a priority for my office, and we will vigorously seek accountability and justice in this case.”

The District Attorney identified the defendant as Riggs Kwong, 50, who was assigned to the 70th precinct. He was arraigned today before Brooklyn Supreme Court Justice Raymond Rodriguez on an indictment in which he is charged with third-degree assault as a hate crime, third-degree menacing as a hate crime, third-degree assault, third-degree menacing, second-degree aggravated harassment, falsely reporting an incident and improper use of colored or flashing lights. He was released without bail and ordered to return to court on March 22, 2022.

The District Attorney said that, according to the investigation, on January 16, 2022, at approximately 11:45 a.m., the defendant allegedly blocked the victim, a 32-year-old man, who was driving a Toyota Rav 4, from driving down Church Avenue toward Ocean Parkway near the intersection of McDonald Avenue and Church Avenue. The victim then allegedly followed the defendant’s vehicle, a Honda Accord, to the intersection of Church Avenue and Ocean Parkway.

The defendant was making a turn onto the service road at Church Avenue and Ocean Parkway when the victim allegedly drove in front of the defendant’s vehicle, cutting him off. The defendant allegedly videotaped himself stating to the victim, “I’m trying to make a left here on the service road and this terrorist is terrorizing me, you’re upset because I didn’t let you make a U-turn, Mr. Mohammed…Al Qaeda, Terrorist, ISIS…”

The victim then exited his vehicle to take a photo of the defendant’s license plate and then got back in his vehicle, while the defendant allegedly continued to use racial slurs. The victim then got out of his vehicle and slapped the hood of the defendant’s vehicle, and the defendant got out of his vehicle.

The defendant allegedly spit in the victim’s face and the victim spat back at the defendant. The defendant then allegedly punched the victim several times, causing him to fall to the ground and continued to punch him and use anti-Muslim language. The victim stood up and the defendant allegedly punched him again, causing him to fall to the ground and lose consciousness.

The defendant called 911 and stated that he was an off-duty police officer, and allegedly falsely stated that the victim threw the first punch and that he then punched the victim back. He allegedly made the same claim to NYPD officers who responded to the scene. Video surveillance allegedly shows the defendant punching the victim without the victim ever punching the defendant.

The hate crime case is being prosecuted by Senior Assistant District Attorney Samantha Perlstein, of the District Attorney’s Hate Crimes Bureau, under the supervision of Assistant District Attorney Kelli M. Muse, Chief of the Hate Crimes Bureau.

#

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

 

FOR IMMEDIATE RELEASE
Friday, January 21, 2022

 

Queens Man Indicted for Stealing School Bus, Crashing into Numerous Vehicles and Causing Injuries to Other Drivers

Defendant Allegedly Ignored Police Orders to Stop, Fled with Officers Holding on to Bus

Brooklyn District Attorney Eric Gonzalez today announced that a Queens man has been indicted for attempted assault, reckless endangerment, grand larceny and related charges for allegedly stealing a school bus in East Flatbush and driving recklessly across multiple police precincts, damaging property and other vehicles and injuring other drivers.

District Attorney Gonzalez said, “This defendant caused mayhem across several neighborhoods when he allegedly stole a school bus and crashed numerous times before being stopped by police. Luckily, he did not cause more serious injuries or death. We will now seek to hold him accountable for his reckless actions.”

The District Attorney identified the defendant as Anthony Reyes, 43, of Jamaica, Queens. He was arraigned today before Brooklyn Supreme Court Justice Dineen Riviezzo on a 43-count indictment charging him with first- and second-degree attempted assault, third- and fourth-degree grand larceny, third-degree criminal possession of stolen property, second-degree criminal mischief, first-degree reckless endangerment, and related charges. He is being held on bail of $500,000 bond or $250,000 cash and was ordered to return to court on March 11, 2022.

The District Attorney said that, according to the investigation, on December 2, 2021, at approximately 1:30 p.m., the defendant stole an unoccupied school bus, with keys in the ignition and the engine running from the driveway of a house on East 51st Street in East Flatbush in the 67th precinct. A call was placed to 911 to report the stolen bus, along with its GPS location.

Within a short period of time, it is alleged, police officers saw the bus parked in the 75th precinct, near 138 Jackie Robinson Parkway, with the defendant in the driver’s seat. Police approached the vehicle and the defendant started to drive away, even though one officer was holding on to the vehicle. Eventually, the officer let go as the defendant fled in the bus.

Within approximately 30 minutes, it is alleged, in the confines of the 73rd and 75th precincts, the defendant rammed into the side of a building and continued driving. He then allegedly rammed into multiple vehicles, both parked and in the middle of the street stopped at a traffic light. Two of the vehicles still had individuals inside during the impact. One of the vehicles he struck was occupied by a woman, and police managed to pull her out of the vehicle before the defendant allegedly struck it a second time, dragging the vehicle down the street. Eventually, the defendant was apprehended by police in the confines of the 75th precinct.

As a result of the incident, multiple people suffered injuries.

The case is being prosecuted by Assistant District Attorneys Aleena Peerzada and Kaitlin Kinsella of the District Attorney’s Blue Zone Trial Bureau, under the supervision of Assistant District Attorney Theresa Shanahan, Deputy Bureau Chief, and the overall supervision of Assistant District Attorney Kin Ng, Bureau Chief.

#

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

 

FOR IMMEDIATE RELEASE
Tuesday, January 4, 2022

 

 Brooklyn Man Indicted for Allegedly Trying to Steal Flatlands House

Defendant Allegedly Tried to Transfer Ownership
Of Landlord’s Rental Property Worth $759,000 To Trust in His Name

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been arraigned on an indictment in which he is charged with grand larceny and burglary for allegedly filing a fake deed to transfer ownership of his landlord’s $759,000 rental property to a trust in the defendant’s name.

District Attorney Gonzalez said, “This defendant allegedly filed a fake deed in an unlawful attempt to take ownership of his landlord’s property. Title theft is a serious crime that deprives hard-working people of the single most important asset any American can hope to own. As real estate values continue to rise dramatically in Brooklyn, I remain committed to protecting homeowners across the borough from fraudsters who would steal their security and investment in the future.”

The District Attorney identified the defendant as James Effiwatt, 64, of Flatlands. The defendant was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which he is charged with one count of second-degree burglary, one count of second-degree grand larceny and two counts of fourth-degree attempted grand larceny. The defendant was ordered held on bail of $25,000 bond or $10,000 cash and to return to court on February 15, 2022.

The District Attorney said that, according to the investigation, on January 15, 2021, Effiwatt allegedly recorded a deed to a three-story house at 36 Hubbard Place in the Flatlands section of Brooklyn that transferred the title of the property from the owner, Hubbard Estates LLC, to an entity called the “Ayonkladd Trust,” of which the defendant was the trustee. The deed was allegedly signed by Effiwatt as a grantor despite the fact that the defendant is not a member or trustee of Hubbard Estates LLC. The building has an assessed value of $759,000. The property has been owned by the legitimate owner, a 49-year-old woman, since 2015.

The District Attorney said that, furthermore, the investigation revealed that Effiwatt is a former tenant of 36 Hubbard Place who lived in the third-floor attic apartment for several years beginning in August 2015. Effiwatt allegedly stopped paying rent in the summer of 2017 and was eventually ordered to vacate the property in October 2019 by city housing officials over housing code violations. However, it is alleged that Effiwatt subsequently moved back into the attic apartment where he has remained since. Additionally, beginning in March 2021, Effiwatt allegedly approached several other tenants of the property and demanded they pay him rent. Effiwatt also allegedly approached a real estate broker and discussed selling the property for six or seven hundred thousand dollars.

The case is being prosecuted by Assistant District Attorney Francis Longobardi, Special Counsel to the District Attorney’s Real Estate Frauds Unit, under the supervision of Assistant District Attorney Richard Farrell, Unit Chief, Assistant District Attorney Gregory Pavlides, Chief of the Frauds Bureau, Assistant District Attorney Michel Spanakos, Deputy Chief of the Investigations Division and the overall supervision of Assistant District Attorney Patricia McNeill, Chief of the Investigations Division.

#

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