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Friday, September 8, 2023

Former Brooklyn Cab Driver Sentenced to 13 Years in Prison for

Violently Assaulting 12-Year-Old Passenger at Gunpoint

Defendant Pleaded Guilty to First-Degree Rape

Brooklyn District Attorney Eric Gonzalez today announced that a former Brooklyn cab driver has been sentenced to 13 years in prison for raping and violently assaulting a 12-year-old girl at gunpoint while driving around with her for more than two hours. The defendant pleaded guilty to first-degree rape in June.

District Attorney Gonzalez said, “With today’s sentence, we are holding this defendant accountable for a brutal and horrific attack against an innocent young girl. I remain committed to keeping our streets safe from violent sexual criminals and to seeking justice for all victims of sexual violence.”

The District Attorney identified the defendant as Rafael Martinez, 35, of East New York, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Donald Leo to 13 years in prison and 20 years’ post-release supervision. He must also register as a sex offender upon his release from prison. The defendant pleaded guilty to first-degree rape on June 26, 2023.

The District Attorney said that, according to the evidence, on August 10, 2020, at approximately 5:30 p.m., the defendant picked up a 12-year-old girl from a relative’s home in Fort Greene and was supposed to drive the girl to her home in Bedford-Stuyvesant.

Instead, the defendant stopped the cab on Bergen Street and removed what appeared to be a black firearm from the glove compartment, loaded silver bullets into it and told the victim: “If you say anything, these bullets are for you.”

The defendant then climbed into the backseat, threatened the child with the firearm, and punched her. The defendant then proceeded to rape and sexually assault her, according to the evidence. He then went back into the driver’s seat and drove to a second location, on Herkimer Street, and returned to the backseat, pushed the victim down and raped her again. At approximately 8 p.m., he dropped her home, where she told her mother that she had been raped.

The District Attorney thanked Paralegal Julia Holman, of the District Attorney’s Special Victims Bureau, for her assistance on the case.

The case was prosecuted by Senior Assistant District Attorney Sapna Kishnani, of the District Attorney’s Special Victims Bureau, and Assistant District Attorney Kevin O’Donnell, Deputy Bureau Chief, under the supervision of Assistant District Attorney Miss Gregory, Bureau Chief.

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Wednesday, September 6, 2023

Brooklyn Man Indicted for Assault as a Hate Crime for

Alleged Sexual and Violent Attack Against Trans Woman in Subway

Allegedly Groped, Slapped and Punched Victim After Using Homophobic Slur

Brooklyn District Attorney Eric Gonzalez today announced that a 22-year-old Brooklyn man has been arraigned on an indictment charging him of assault as a hate crime and other charges for an alleged unprovoked attack against a trans woman inside a subway station and car.

District Attorney Gonzalez said, “Every person in our city deserves to safely use the subway, no matter their gender identity or expression. This defendant allegedly groped an innocent individual and then violently attacked her. We will continue to vigorously prosecute violent people and defend the rights of every member of Brooklyn’s LGBTQ community.”

The District Attorney identified the defendants as Ian Williams, 22, of Bedford-Stuyvesant, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which he is charged with third-degree assault as a hate crime, third-degree assault, third-degree menacing as a hate crime, forcible touching and other related counts. He was ordered held on $10,000 cash bail or $50,000 bond and to return to court on November 1, 2023. The defendant is facing a maximum sentence of up to four years if convicted of the top count.

The District Attorney said that, according to the evidence, on August 17, 2023, at 1 p.m. the defendant and the 22-year-old victim were waiting for the J-train at the Myrtle Avenue Station in Bed-Stuy. The defendant allegedly made a sexually suggestive gesture at the victim and then grabbed her buttocks. When confronted by the victim, he threatened her and called her a f—-t, according to the investigation.

Both entered the Manhattan-bound J-train and the victim asked the defendant why he groped her and used that slur. The defendant then allegedly slapped the victim, punched her repeatedly and threw her to the floor. Bystanders pulled him away and he moved to another car.

The victim was treated for a broken nose at Lennox Hill Hospital.

The case is being prosecuted by Senior Assistant District Attorney Samantha Perlstein, of the District Attorney’s Hate Crimes Bureau, with the assistance of Assistant District Attorney Shane Kaliszewski, of the District Attorney’s Special Victims Bureau, under the supervision of Assistant District Attorney Kelli M. Muse, Hate Crimes Bureau Chief..

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

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Friday, August 25, 2023

Brooklyn Man Sentenced to 15 Years in Prison

For Attempted Murder of Wife’s Colleague

Defendant Ambushed the Victim Outside of His Dyker Heights Home,

Stabbed Him Repeatedly and Left Him Bleeding Out in Driveway

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been sentenced to 15 years in prison for repeatedly stabbing and severely injuring his ex-wife’s work colleague, with whom she carpooled to the office. Victim was rushed to the hospital after his 16-year-old daughter found him bleeding heavily in the driveway of their house.

District Attorney Gonzalez said, “This was a life-altering attack on a completely innocent man who was lucky to be found by his daughter. I am committed to keeping the people of Brooklyn safe from violence. With today’s sentence the defendant has been found accountable for his actions.”

The District Attorney identified the defendant as Jianqing Chen, 43, of Dyker Heights, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Jane Tully to 15 years in prison and five years’ post-release supervision. The defendant was convicted of second-degree attempted murder, first-degree assault, fourth-degree criminal possession of a weapon, and second-degree aggravated harassment on July 7, 2023, following a jury trial.

The District Attorney said that between February 1, 2022 and March 3, 2022, the defendant was responsible for approximately 159 harassing phone calls and 500 text messages sent to his 34-year-old estranged wife in which he insulted her and threatened violence against her and her acquaintances, according to the evidence. He also showed up at her Dyker Heights home unannounced and knocked on her window. The defendant and his ex-wife had been married for 10 years before separating in 2019 and shared two children.

On March 3, 2022, at approximately 6 p.m., the defendant left his home on 68^th Street and walked to the victim’s home on 67^th Street. The victim arrived home at about 6:15 p.m. and walked into his shared driveway, according to the evidence, where he was ambushed by the defendant who snuck up from behind and stabbed the victim in the neck, the head, face, back, and arm, causing massive bleeding. The defendant, who cut his own hand during the attack, then fled the scene.

The victim was found a few minutes later when his daughter arrived home. She called 911 and he was taken to the hospital and treated, according to the evidence.

The defendant, meanwhile, eventually went to NYU Langone Hospital, where he told authorities he was robbed by two black men armed with a knife.

Following an investigation, the defendant was arrested for the attack. Evidence included his DNA that was recovered from the knife found at the crime scene and he was also captured on surveillance video during the attack.

The case was prosecuted by Senior Assistant District Attorneys Han Zhang and Aleena Peerzada of the District Attorney’s Blue Zone Trial Bureau, under the supervision of Assistant District Attorney Kin Ng, Chief of the Blue Zone.

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Wednesday, August 22, 2023

Brooklyn Man Sentenced to 10 Years in Prison

Following Guilty Plea to Violent Assault of 55-Year-Old

Defendant Punched Victim Inside Subway Station, Then Stabbed Him Repeatedly

Brooklyn District Attorney Eric Gonzalez announced today that a Brooklyn man has been sentenced to 10 years in prison for punching and stabbing a man at the Jay Street Subway Station in Downtown Brooklyn last year. The defendant pleaded guilty to assault for the unprovoked attack in July.

District Attorney Gonzalez said, “Keeping the people of Brooklyn safe is my highest priority, and violent offenders such as this defendant will face serious consequences. Today’s sentence holds him responsible for this frightening and random attack and ensures he will not be able to victimize others in our communities.”

The District Attorney identified the defendant as Roland Henegan, 35, formerly of the Kingsborough Men’s Shelter in Brooklyn. The defendant was sentenced today by Brooklyn Supreme Court Justice Michael Kitsis to 10 years in prison and five years’ post-release supervision. The defendant pleaded guilty to first-degree assault on July 26, 2023.

The District Attorney said that, according to the evidence, on July 5, 2022, at approximately 6 p.m., the victim, a 55-year-old man, was entering the Jay Street Subway Station going home from work when he saw the defendant suddenly open an emergency door inside the station. The victim continued walking down a staircase when the defendant began walking up the staircase. The defendant, unprovoked, attempted to punch the victim in the face. The defendant then grabbed the victim and punched him.

Furthermore, according to the evidence, the defendant then stabbed the victim in the face and in the back. Following the attack, the defendant fled the scene and was later identified as the suspect in this Brooklyn assault.

The victim was treated for numerous injuries, and needed multiple stitches to his face and back, as well as having his jaw wired and screwed shut for several months.

The case was prosecuted by Senior Assistant District Attorney Aleena Peerzada, of the District Attorney’s Blue Zone Trial Bureau, under the supervision of Assistant District Attorney Kin Ng, Bureau Chief.

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Monday, August 21, 2023

Disbarred Crown Heights Lawyer Indicted for Allegedly Providing
Immigration Services Without Law License

Allegedly Stole Thousands of Dollars from Nine Clients and Continued to
Practice Law Despite Being Disbarred in New York State

Brooklyn District Attorney Eric Gonzalez today announced that a Crown Heights attorney specializing in immigration cases has been charged with stealing from nine of his clients while continuing to practice law despite being disbarred in New York State.

District Attorney Gonzalez said, “This defendant allegedly continued to practice law after being disbarred for misconduct and vulnerable immigrants sought his legal assistance. Instead of helping them, he allegedly defrauded his clients out of tens of thousands of dollars. We have no tolerance for this kind of alleged conduct, and my office will now seek to hold him accountable. I want to thank the U.S. Department of Homeland Security Investigations for their assistance with the case.”

HSI New York Special Agent in Charge Ivan J. Arvelo said, “Despite his disbarment resulting from the filing of hundreds of fraudulent petitions aimed at securing benefits for non-citizen clients, Owolabi Salis allegedly persisted in deceitfully portraying himself as a practicing attorney. Exploiting the vulnerability of both his clients and the system, he callously manipulated them for personal gain. Salis’s utter disregard for the laws of New York State is both reprehensible and unacceptable. Even more distressing is his alleged exploitation of a system designed to enable non-citizens to lawfully remain in the United States. HSI New York extends its appreciation to the collaborative endeavors of the U.S. Citizenship and Immigration Services New York Fraud Detection and National Security Unit, the New York Office of the Principal Legal Adviser, HSI Newark, and the Brooklyn District Attorney’s Office. Their combined efforts working alongside HSI NY’s Document and Benefit Fraud Task Force ensured today’s indictment.”

The District Attorney identified the defendant as Owolabi Salis, 60, of Crown Heights, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Heidi Cesare on an indictment in which he is charged with third-degree and fourth-degree grand larceny, second-degree criminal contempt, first-degree scheme to defraud, first-degree immigrant assistance services fraud and the unlawful practice of the law. The defendant was released without bail and ordered to return to court on October 11, 2023.

The District Attorney said that, according to the investigation, the defendant was disbarred on November 29, 2022, following an investigation by New York’s Attorney Grievance Committee that found he had filed fraudulent and frivolous immigrations petitions. The defendant was ordered to stop practicing law. He was further required to notify his clients that he had been disbarred and to advise them to obtain new counsel.

However, it is alleged that the defendant violated the order and continued to operate a law office at 1179 Eastern Parkway in Crown Heights while advertising “Salis Law P.C.” online.

Investigators found that the defendant typically opened his office early in the evening and stayed open well past midnight, drawing long lines of prospective clients, many of whom work daytime jobs. The defendant also allegedly continued to represent previous clients, the vast majority of whom spoke Spanish, and took money from them for various legal services pertaining to their immigration status without ever telling them that he had been disbarred and without advising them to get a new lawyer.

Following a search of the defendant’s office on March 7, 2023, nine of his clients, all of whom were from the Dominican Republic, alleged that the defendant stole from them money in amounts ranging from $8,000 to $800.

People who believe they have been victimized by this defendant are encouraged to contact the District Attorney’s Action Center at 718-250-2340 or send an e-mail to SalisComplaints@brooklynda.org.

Intelligence Analyst Yacelys Corona, of the District Attorney’s Investigations Division, and Paralegal Specialist Kevin Yu, of the District Attorney’s Immigrant Affairs Unit, assisted in the investigation.

The case is being prosecuted by Assistant District Attorney Gloria Rios, Chief of the District Attorney’s Immigrant Affairs Unit, and Senior Assistant District Attorney Peter Choi, of the District Attorney’s Frauds Bureau, under the supervision of Assistant District Attorney Michel Spanakos, Deputy Chief of the Investigations Division, and Patricia McNeill, Chief of the Investigations Division.

 

 

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

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Wednesday, August 16, 2023

Bedford Stuyvesant Man Sentenced to 25 Years to Life in Prison
For Killing Mount Vernon Man and Setting Body on Fire

Attended Church Service with Victim’s Relatives Before Getting Caught Burning the Remains

Brooklyn District Attorney Eric Gonzalez today announced that a Bedford Stuyvesant man has been sentenced to 25 years to life in prison for killing a Mount Vernon man and attempting to conceal his crime by setting fire to the victim’s corpse in the basement of a Brooklyn apartment building. The two men were romantic rivals and the defendant stalked the victim for months before the murder.

District Attorney Gonzalez said, “The depravity of the defendant’s actions cannot be overstated, and the lengthy prison term to which he has been sentenced holds him accountable for killing an innocent man in cold blood and desecrating his remains. While nothing can return Jonathan Blake to his loved ones, I hope this sentence provides them with some measure of solace. Brooklyn is safer with this defendant behind bars.”

The District Attorney identified the defendant as Derek Whitaker, 58, of Bedford- Stuyvesant, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Danny Chun to 25 years to life in prison. The defendant was convicted on June 16, 2023, of second-degree murder, second-degree criminal possession of a weapon, fourth-degree arson, tampering with physical evidence, and concealment of a human corpse following a jury trial.

The District Attorney said that, according to the evidence, in the early morning hours of March 13, 2020, on North Broadway, in Yonkers, the defendant ambushed Jonathan Blake, 55, shooting him in the head and killing him. The defendant later transported the victim’s body to the basement of a building at 494 Jefferson Avenue in Bedford Stuyvesant where he worked as a superintendent and where his mother resided.

On March 16, 2020, according to the evidence, the defendant attempted to cover up the killing by setting fire to the victim’s corpse using gasoline. A resident of the building smelled smoke and ventured into the basement where they observed the defendant standing over a metal barrel with the victim’s two legs sticking out. The resident reported the incident to the building’s manager who called 911. Members of the New York City Fire Department and the New York City Police Department arrived at the address and the defendant was arrested shortly thereafter.

Investigators later learned the two men were romantic rivals and that the defendant had been stalking the victim for four to six months.

Furthermore, according to the evidence, in the time between killing the victim and setting fire to his corpse, the defendant attended a service at a church in Westchester County where the victim and his family worshiped. The defendant sat in the victim’s empty seat and embraced the victim’s brother.

The District Attorney thanked Homicide Paralegal Amanda Connolly and Digital Evidence Lab Intelligence Analyst Lexie Giardina for their assistance on the case.

The case was prosecuted by Senior Assistant District Attorney Matthew M. Midey, of the District Attorney’s Homicide Bureau, and Senior Assistant District Attorney Patrick O’Donnell, of the District Attorney’s Grey Zone, under the supervision of Leila Rosini.

 

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Friday, August 11, 2023

Teenager Indicted for Murder as a Hate Crime for Allegedly Stabbing

O’Shae Sibley in Anti-Gay Attack at Midwood Gas Station

Allegedly Hurled Homophobic Slurs at Victim and His Friends as One of Them Danced

Brooklyn District Attorney Eric Gonzalez today announced that a 17-year-old Brooklyn man has been indicted for murder as a hate crime and related charges for allegedly stabbing and killing dancer and choreographer O’Shae Sibley at a Midwood gas station after hurling homophobic and anti-Black slurs.

District Attorney Gonzalez said, “O’Shae came to New York to follow his dream and brightened our city with his light. We honor his life, celebrate his courage, and commit to hold accountable the individual allegedly responsible for this horrific murder. O’Shae and his friends were targeted for being themselves, dancing joyfully and harming no one. There is no tolerance for hate in Brooklyn, where we value our diversity, inclusion and the freedom to be who we are.”

The District Attorney identified the defendant as Dmitriy Popov, 17, of Sheepshead Bay, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Craig Walker on an indictment in which he is charged with second-degree murder as a hate crime, second-degree murder, first-degree manslaughter as a hate crime, first-degree manslaughter, fourth-degree criminal possession of a weapon and related counts. He was ordered held without bail and to return to court on October 10, 2023. If convicted of the top count he faces a minimum of 20 years to life and a maximum of 25 years to life.

The District Attorney said that, according to the investigation, on July 29, 2023, at approximately 11:06 p.m., at a Mobil gas station located at 1935 Coney Island Avenue in Midwood, Brooklyn, O’Shae Sibley and four of his friends stopped to fill up their car with gas after returning from the beach. Still in their beachwear, they stepped out to stretch their legs while listening to music, with one member of the group dancing outside their vehicle. The defendant and two associates then exited the gas station store and allegedly hurled homophobic and racist slurs at the men, saying, in sum and substance, “Get that gay s–t out of here.”

Sibley attempted to diffuse the situation and he and his friends responded, in substance, “You don’t know us, we’re just having a good time and enjoying our lives. It’s all respect, we’re allowed to be here just like you.” The defendant’s friends left at some point, but the defendant remained outside the gas station store, recording on his cell phone and allegedly continuing to antagonize the group with hateful remarks. When Sibley and two of his friends confronted the defendant, he allegedly reached into his pocket and pointed a knife at one of Sibley’s friends, threatening to stab him. The defendant then allegedly stabbed Sibley on the side of his chest, puncturing his heart, according to the evidence.

Sibley was pronounced dead at Maimonides Hospital a short time later.

The case is being prosecuted by Senior Assistant District Attorney Sarah Jafari, of the District Attorney’s Homicide Bureau, and Senior Assistant District Attorney Prabhalya Pulim, of the District Attorney’s Hate Crimes Bureau, under the supervision of Assistant District Attorney Leila Rosini, Homicide Bureau Chief and Kelli Muse, Hate Crimes Bureau Chief.

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

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Wednesday, August 9, 2023

Brooklyn Man Pleads Guilty in Connection with Real Estate Fraud Involving Properties in Bedford-Stuyvesant, Bushwick and Park Slope

Defendant Stole Approximately $775,000 Using Fake

Documents and Shell Corporations

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has pleaded guilty to grand larceny for a deed fraud scheme in connection with two properties, one in Bedford-Stuyvesant and the other in Bushwick.  Additionally, the defendant committed mortgage fraud related to a third property in Park Slope.  In total, the defendant stole approximately $775,000 using shell corporations to file fraudulent deeds and mortgage documents.

District Attorney Gonzalez said, “This defendant filed phony deeds and mortgage documents against multiple properties in a brazen real estate scheme that defrauded homeowners and lenders. Today’s plea sends a strong message to any would-be fraudsters that we will vigorously pursue justice on behalf of fraud victims and seek serious penalties for offenders.”

The District Attorney identified the defendant as Derrick Johnson, a.k.a. Jay Rendell, 60, of Clinton Hill, Brooklyn. He was pleaded guilty today before Brooklyn Supreme Court Justice Laura Johnson to an indictment in which he is charged with five counts of second-degree grand larceny. The judge promised the defendant an indeterminate term of three to nine years in prison when he is sentenced on August 30, 2023.

Additionally, the defendant pleaded guilty to second-degree attempted criminal possession of a weapon on January 6, 2023, and was supposed to be sentenced on May 8, 2023, but failed to appear and a bench warrant was issued. He was subsequently arrested in Georgia and returned to New York, where he was indicted for and pleaded guilty to bail jumping. He will be sentenced to five years in prison on the gun case and one year on the bail jumping case.

He will be sentenced on all three cases on August 30, 2023. All three sentences will run concurrently.

The District Attorney said that, according to the investigation, on November 25, 2020, the defendant fraudulently obtained a mortgage on an apartment building at 349 17^th Street in Park Slope by using fake documents to induce a commercial lender to issue him a mortgage of $337,825, which he stole.

Furthermore, according to the investigation, from June 10, 2021, through June 24, 2021, the defendant, acting with an indicted alleged accomplice, fraudulently transferred title to 1517 Broadway in Bushwick to a shell corporation and induced a different commercial lender to issue them a mortgage of $107,607. They allegedly divided the proceeds with Johnson stealing $50,000 and the remainder allegedly going to his co-defendant.

The following month, from July 1, 2021, through July 29, 2021, Johnson fraudulently transferred title to an apartment building at 323 Malcom X Boulevard in Bedford-Stuyvesant to a shell corporation that he controlled and induced a third commercial lender to issue his corporation a mortgage of $329,332, which Johnson also stole.

Deed fraud complaints are down citywide, particularly in Brooklyn. One of the objectives of the fraud is to sell the property to an unwitting buyer, which often requires a closing. Many such closings are orchestrated by skilled operators, who involve both accomplices and, by necessity, unsuspecting real estate professionals, and use the same methods to steal one property after another. For the last eight years, the Brooklyn District Attorney’s Office has focused on identifying and investigating these operators, indicting them and their accomplices and successfully obtaining sentences of years in prison for the persons that drive these ongoing schemes.

Although there are various factors that may affect the number of complaints, these targeted prosecutions and sentences have a meaningful impact. According to the city’s Department of Finance, deed fraud complaints in Brooklyn declined from 318 in 2015 to 72 in 2021. They fell to 31 the following year with only four in the first half of this year.

The District Attorney offered the following tips to homeowners to protect themselves.

• Register with the NYC Department of Finance’s Automated City Register Information System (ACRIS) Recorded Document Notification Program to receive automatic notifications regarding any changes to your deed or property records and make sure they have the correct address to receive property notices.
• Designate a trusted family member or friend to receive notices if you are unable.
• Never sign any contract you do not understand.
• For more information, click here.

The case is being prosecuted by Assistant District Attorney Richard Farrell, Chief of the District Attorney’s Real Estate Fraud Unit, and Senior Assistant District Attorney Frank Ungerer 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 Patricia McNeill, Chief of Investigations.

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Tuesday, August 1, 2023

Queens Man Sentenced to 21 Years in Prison for Attempted Murder of His Former Girlfriend After Breaking into Her Home

Victim was Stabbed Repeatedly in Front of Teenage Son, Who Called 911

Brooklyn District Attorney Eric Gonzalez today announced that a Queens man was sentenced to 21 years in prison for repeatedly stabbing his ex-girlfriend after breaking into her Flatbush home. The victim, a mother of two sons, suffered severe cuts to her forehead and forearm.

District Attorney Gonzalez said, “Today’s sentence holds the defendant accountable for his actions, which terrorized a former girlfriend and her 15-year-old son and nearly took her life. He also showed his blatant disregard for the rule of law by absconding during his trial. I am committed to seeking justice for all victims of domestic violence.”

The District Attorney identified the defendant as Muneshwar Bira, 37, of St. Albans, Queens. He was convicted of second-degree attempted murder, first-degree assault, and fourth-degree criminal possession of a weapon on July 10, 2023, following a bench trial before Brooklyn Supreme Court Justice Phyllis Chu. He was sentenced today to 21 years in prison and five years’ post-release supervision.

The District Attorney said that, according to the evidence, on June 4, 2021, at approximately 11 a.m., on East 21st Street in Flatbush, Brooklyn, the defendant broke into his 40-year-old ex-girlfriend’s basement apartment with a knife in hand. Upon first seeing his ex-girlfriend the defendant took the knife and tried to stab the victim about her head. The victim raised her forearm onto her head to protect it, causing the knife to lacerate her forearm and her forehead. The victim then fell to the floor. After one knife broke, the defendant proceeded to use two additional knives to stab the victim. She continued to fight for her life while calling out to her 15-year-old son for help.

The victim’s son called 911 and when the police arrived, according to the evidence, the defendant, the victim, and the apartment were covered in blood. The victim was taken to Kings County Hospital and treated for severe injuries, including a life-threatening injury to her right arm.

During his trial, on April 5, 2023, the defendant failed to return to court following an afternoon break and a bench warrant was issued for his arrest on April 10, 2023. He was picked up on the warrant in Florida and had to be extradited back to New York.

The case was prosecuted by Senior Assistant District Attorney Hannah Laufer, of the District Attorney’s Domestic Violence Bureau, with the assistance of 1st Deputy Bureau Chief Mark Pagliuco and Deputy Bureau Chief Lisa Perlman, under the supervision of Assistant District Attorney Kori Medow, Chief of the Domestic Violence Bureau.

 

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Monday, July 31, 2023

Two Men Indicted for Repeatedly Raping a Child

One Defendant, Charged with Sex Trafficking of a Child, Allegedly Groomed
13-Year-Old Girl He Met on Social Media; Arranged for Her to Have Sex with Others

Brooklyn District Attorney Eric Gonzalez today announced that two men have been arraigned on a 57-count indictment in which they are variously charged with sex trafficking of a child, promoting prostitution, rape, and related charges for the alleged sex trafficking of a 13-year-old girl.

District Attorney Gonzalez said, “This is an incredibly disturbing case in which two middle-aged men are accused of exploiting a vulnerable child for their own gratification. I am committed to protecting our children from sexual exploitation and will now seek to bring the defendants to justice.”

The District Attorney identified the defendants as Kal Kirby, 43, of East Flatbush, Brooklyn and Jordan Shephard Burnham, 44, of Oak Bluffs, Massachusetts. Kirby is charged with sex trafficking of a child, first-, second-, third-, and, fourth-degree promoting prostitution, second- and third-degree rape, endangering the welfare of a child, use of a child in a sexual performance, possessing a sexual performance of a child, promoting a sexual performance of a child, second-degree unlawful surveillance of a child, and unlawful disclosure of an intimate image. Burnham is charged with second- and third-degree rape, endangering the welfare of a child, promoting a sexual performance by a child, possessing a sexual performance by a child, use of a child in a sexual performance, and aggravated patronizing a minor for prostitution in the second-degree.

Burnham was apprehended in Oak Bluffs, Massachusetts on July 20, 2023 and returned to New York on Friday, July 28, 2023. He was arraigned today before Brooklyn Supreme Court Justice Donald Leo, who set bail at $2 million bond or $1 million cash. The case was adjourned to August 24, 2023.

Kirby was arraigned on July 20, 2023 before Brooklyn Supreme Court Justice Rhonda Tomlinson. He was ordered held without bail and to return to court on August 24, 2023.

The District Attorney said that, according to the investigation, beginning in February 2022, the 13-year-old victim started communicating with Kirby on a social networking app called “Monkey” and then on Instagram. Shortly thereafter, it is alleged, they agreed to meet in person. Kirby allegedly sent a cab to pick up the victim at her Intermediate School and take her to his apartment. They allegedly played video games, ate fast food, and engaged in sexual intercourse. They continued to meet on a weekly basis through December 2022.

In September 2022, it is alleged, the victim went to Kirby’s apartment after school and there were four or five other men there. It is alleged that each of the men engaged in sexual intercourse with the victim, who felt that she couldn’t refuse and complied. She then left the apartment.

Furthermore, it is alleged, that on October 14, 2022, Kirby allegedly sent a photo of the victim in her underwear to Burnham and said he “had a young thing I wanted to introduce.” Burnham allegedly liked the image. On October 27, 2022, Kirby allegedly sent a naked video of the victim to Burnham and later set up a meeting for Burnham and the victim to engage in sexual intercourse.

Finally, it is alleged, between November 1, 2022 and December 23, 2022, Burnham and the victim engaged in sexual intercourse on three occasions. After the second time, he allegedly gave her a pair of headphones and after the third time, he allegedly gave her $200. In subsequent communications on Instagram, Burnham allegedly requested and received lewd photos of the victim.

In late December 2022, the victim disclosed what had been happening to her foster mother and police were notified.

The New York City Police Department investigation was led by Detective Liam O’Hara of the NYPD’s Human Trafficking Squad, under the supervision of Sergeant Robert Duplessis, Lieutenant Amy Capogna and Captain Thomas Milano.

The District Attorney thanked Police Chief Jonathan Searle, Lieutenant Nicholas Curelli and police officers from the Oak Bluffs, Massachusetts Police Department and the Cape and Islands District Attorney’s Office for their assistance with the investigation.

The case is being prosecuted by Senior Assistant District Attorney Mary E. Monahan, of the District Attorney’s Human Trafficking Unit, under the supervision of Assistant District Attorney David Weiss, Chief of the Human Trafficking Unit, with the assistance of Paralegal Specialist Aurora Martinez, under the overall supervision of Assistant District Attorney Miss Gregory, Chief of the Special Victims Bureau.

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