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Thursday, September 5, 2024

Father and Son Brooklyn Contractors Indicted for Grand Larceny for Allegedly Defrauding Over $1 Million from Paycheck Protection Program

Defendants Allegedly Lied on Loan Applications; Used Funds toward Purchasing Homes in

New Jersey and a Luxury BMW Sports Sedan

Brooklyn District Attorney Eric Gonzalez, together with U.S. Small Business Administration General Counsel Therese Meers and Special Agent-in-Charge Jonathan Mellone, Northeast Region, U.S. Department of Labor, Office of Inspector General, today announced that two Brooklyn contractors have been indicted for grand larceny for allegedly defrauding more than $1 million from the Paycheck Protection Program during the Covid-19 pandemic. As part of the alleged scheme, the defendants submitted fraudulent tax returns that grossly inflated the company’s revenues to obtain the funds and then allegedly used those funds – which were restricted to paying employees and other legitimate business expenses – toward purchasing two homes in New Jersey, as well as a luxury BMW sports sedan.

District Attorney Gonzalez said, “These defendants allegedly engaged in a shameless scheme to steal more than $1 million from the Paycheck Protection Program and line their own pockets with critical funds intended to help struggling small business owners during the Covid-19 pandemic. We will now seek to hold them accountable. I want to thank the Small Business Association for its assistance in pursuing justice in this case.”

General Counsel Meers said, “The action in this matter is the product of enhanced efforts by federal agencies such as the Small Business Administration working with the Kings County District Attorney’s Office, SBA’s Office of Inspector General, other law enforcement agencies, and Mary Cvengros, Senior Litigation Counsel from the SBA’s Office of General Counsel.”

Special Agent-in-Charge Mellone said, “An important part of the mission of the U.S. Department of Labor, Office of Inspector General is to investigate allegations of fraud involving pandemic-related unemployment insurance programs. We will continue to work with our law enforcement partners to investigate these types of allegations.”

The District Attorney identified the defendants as Nurus Safa, 65, and Maidal Safa, 34, of Voorhies, New Jersey.  They were arraigned today before Brooklyn Supreme Court Justice Dena Douglas on a 19-count indictment in which they are charged with first- and second-degree grand larceny, second-degree criminal possession of a forged instrument, and first-degree falsifying business records. They were released without bail and ordered to return to court on October 30, 2024.

The District Attorney said that, according to the investigation, Nurus Safa is the owner of Rahil Contracting Inc., a small construction company that operates out of Kensington, Brooklyn.  Maidul Safa, his son, is listed as a Project Executive for the company.

After the onset of the COVID-19 epidemic, the US Small Business Administration (SBA) implemented the Payment Protection Program (PPP).  SBA insured PPP loans that were issued by banks.  The loans were designed for small businesses to keep workers on payroll.  In order to obtain a PPP loan, the employer was required to certify that the funds would be used for payroll or other specified expenses needed to keep their work force employed during the COVID-19 crisis.

Nurus Safa applied for a PPP loan through an SBA-backed lender on behalf of Rahil, allegedly falsely certifying in his application that the funds “will be used only for business related purposes,” more specifically attesting that “the funds will be used to retain workers and maintain payroll or make mortgage interest payments, lease payments and utility payments.”  He allegedly also submitted fraudulent quarterly tax returns for Rahil, which grossly inflated its revenues and contained the forged signature of a licensed tax preparer.

Furthermore, according to the investigation, the defendants obtained two PPP loans that totaled approximately $1,084,477.50. Shortly after the funds became available, they quickly used the money for personal purchases, including luxury items. The defendants are alleged to have spent a total of $393,670 toward the purchase of two five-bedroom homes, one in Voorhies, New Jersey and the other in Pine Hill, New Jersey and spent another $71,000 as a down payment on a 2021 BMW M5 sports sedan.

Furthermore, according to the investigation, much of the balance of the PPP funds was transferred to personal accounts held by either Nurus Safa or Maidul Safa.  An analysis of financial records shows no indication that any of the PPP funds were used for regular payments to employees.

The District Attorney thanked Senior Financial Investigator Faye Johnson and Intelligence Analyst Veranika Basak, both of the Investigations Division, and KCDA Detective Investigators for their assistance

The case is being prosecuted by Senior Assistant District Attorney Sergey Marts, of the District Attorney’s Frauds Bureau, and Assistant District Attorney Andrew Kohler, Special Counsel to the Investigations Division, under the supervision of Assistant District Attorney Gregory Pavlides, Chief of the Frauds Bureau, and the overall supervision of Assistant District Attorney Michel Spanakos, Deputy Chief of Investigations, and Assistant District Attorney Patricia McNeill, Chief of Investigations.

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

FOR IMMEDIATE RELEASE

Friday, August 30, 2024

Brooklyn was Safest Ever from Gun Violence During Summer Months with Fewest Shootings and Shooting Homicides in Recorded History

There were 11% Fewer Shootings and 24% Fewer Shooting Homicides in June-August Compared to the Same Period Last Year; About 75% Drop from Summer of 2020 Peak

Brooklyn District Attorney Eric Gonzalez today announced that gun violence in Brooklyn over the summer months (June through August) reached the lowest levels ever recorded. There have been 13 shooting homicides over that span, 24% fewer than during the same period last year, and 84 shooting incidents, 11% fewer than in the summer of 2023. The number of shooting victims ticked up by three, making it the second fewest in that category, after last year’s summer.

District Attorney Gonzalez said, “The summer months are traditionally the time when gun violence spikes, which is the reason the NYPD and my office focus extra resources and efforts during that period. It is gratifying that, after a particularly safe summer in 2023, we reached even more historic lows this year. While more needs to be done, public safety in Brooklyn continues to improve and our multi-pronged approach in fighting gun crimes – which includes gang takedowns, investments in our Digital Evidence Lab, precision prosecutions, and community-based initiatives – is working.”

The District Attorney said that between June and August, there were 84 shooting incidents in Brooklyn, down 10 (11%) from the same period last year. That is the lowest figure since that statistic has been tracked and represents a precipitous drop of 74% compared to the summer of 2020, when the pandemic and civil unrest combined to create a significant spike in violence. Similarly, shooting homicides during the same span reached the lowest level ever recorded with 13, four fewer (24%) than in 2023, representing a whopping 79% decline compared to 2020. (There were 16 non shooting homicides this summer, an unusually high number on account of a tragic quadruple murder and a separate double stabbing; the total number of homicides inched up by three compared to last summer).

The number of shooting victims, at 104, slightly rose by 3 (2.9%) compared to the same time last year but was kept at historically low levels with the summer of 2023 representing the lowest number on record. The number of victims over the summer was only a quarter of the figure during the 2020 summer. Encouragingly, all three stats were better this summer than during the same period in 2018 and 2019, which ended up as the years with the fewest shootings and homicides to date.

Since the start of 2024, the seven major index crime are down 5% in Brooklyn. The DA’s Office has also been successful in the courtroom so far this year, obtaining 72 Supreme Court convictions against 10 acquittals (an 86% trial conviction rate). The Homicide Bureau obtained 18 convictions and the Violent Criminal Enterprises Bureau convicted 10 defendants. VCE, together with the NYPD, also completed two successful gang takedowns, one at the end of May and one at the end of August, charging a total of 29 individuals. In July, the office hosted a successful gun buyback event, in which 100 firearms were taken off the streets.

These ongoing efforts and many others have all contributed to the ongoing reduction in gun violence and improvements in public safety across Brooklyn.

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Thursday, August 29, 2024

Eleven Alleged Gang Members from Two Rival Gangs Named in Conspiracy Indictment That Includes Murder, Multiple Shootings and Gun Possession

Defendants Variously Charged with Acts of Violence in and Around Crown Heights

Brooklyn District Attorney Eric Gonzalez and New York City Police Commissioner Edward A. Caban announced today that 11 alleged members of two opposing street gangs are variously charged in two indictments with conspiracy to commit murder, possess weapons and related acts of violence. The defendants are variously charged in connection with seven shooting incidents, many of which were retaliatory in nature, which left three people shot, one fatally.

District Attorney Gonzalez said, “Today’s indictments send a clear message: We will not allow our communities to be terrorized by senseless gang violence. We allege that those charged individuals have shown a blatant disregard for human life, leaving a trail of fear and devastation in their wake. My office, in partnership with the NYPD, will continue to pursue justice relentlessly, ensuring that those who endanger the lives of innocent residents are held accountable. I commend the NYPD and our prosecutors for their outstanding work.”

Commissioner Caban said, “Today’s indictments reflect the tireless efforts of the NYPD’s many dedicated investigators, who focus sharply on the real drivers of crime and disorder in New York City. We are relentless in this work because New Yorkers deserve to live and work in a city free from the threat of gun violence. I commend our detectives and thank everyone at the Brooklyn district attorney’s office for their commitment to our shared public safety mission.”

The defendants will be arraigned this afternoon before Brooklyn Supreme Court Justice Danny Chun on two indictments in which they are variously charged with second-degree murder, second- and fourth-degree conspiracy, second-degree attempted murder, first- and second-degree criminal possession of a weapon and related counts. [See defendant addendum].

The District Attorney said the indictments are the result of a long-term investigation by the District Attorney’s Violent Criminal Enterprises Bureau and the NYPD’s Brooklyn North Violent Crime Squad into violence committed by rival street gangs operating in and around Crown Heights.

The District Attorney identified the two rival gangs as “Stain Gang,” a neighborhood-based confederacy that includes members of “9Trey,” “Gorilla Stone,” and “Mac Balla,” respectively; and “Albany Gang,” whose members include Blood sets such as “AMG,” and “59 Brims.” Seven of the defendants charged are alleged members of the Stain Gang, while four defendants are alleged members of their opposition, Albany Gang. Stain Gang territory encompasses the vicinity of Sterling Place, between Rochester Avenue and Buffalo Avenue, while Albany Gang territory operates just blocks away, concentrated in and around the New York City Housing Authority Albany I & Albany II developments.

The investigation revealed that the close geographical proximity coupled with the murder of Stain member Tyquan Howard (“Ty-Sixx”) by alleged Albany Gang members on May 12, 2020 unleased a series of shootings and retaliatory violence between the members of the two groups.

It is alleged, according to the indictments, that members of the rival gangs conspired to murder opposition gang members, often taunting opposing members on social media platforms. These taunts included insulting deceased rival gang members and calling out perceived inaction to opposition violence, often instigating a violent response. The investigation also revealed that members from both gangs utilized New York City Department of Corrections phone lines to continue their criminal conduct, discussing the conspiracy even while incarcerated by updating fellow gang members at liberty on the status of gang rivalries and discussing ongoing violent acts against rival gang members.

Among the crimes charged in the indictment is the August 10, 2023 homicide of alleged Stain member Shaheim Rogers and the non-fatal shooting of alleged Stain member Olujimi Lucas, by alleged Albany Gang member Ibrahima Barry. It is alleged that Barry stole a parked SUV and drove to the Albany Houses headquarters, where he picked up fellow Albany members. In the early evening, Barry is charged with “spinning” on Sterling Place, known Stain Territory, with fellow Albany Gang members. There, the group opened fire on Lucas, who was shot multiple times, and fatally struck Rogers, whose lungs collapsed as a result.

It is alleged that Stain and Albany members committed numerous targeted shootings in an effort to shoot and kill their perceived rivals during the course of the conspiracy in furtherance of their gang objectives, including the following:

• June 29, 2021 at 8:12 p.m. at 1448 Sterling Place: It is alleged that after a confrontation two days earlier between Albany member Elijah McDonald and Stain member Olujimi Lucas, which resulted in Lucas taking possession of McDonald’s firearm and at least one shot being fired, Lucas directed fellow Stain member Jahrell Madison to shoot at McDonald’s car multiple times as it drove through Stain Gang territory. Several rounds struck McDonald’s car.
• March 14, 2022 at 8:37 p.m. at 1566 Sterling Place: It is alleged that Albany Gang member Patrick Daniels drove to Stain Gang territory, walked into the courtyard of Stain headquarters, and shot a Stain member in the abdomen after attempting to shoot another individual who was seated in the courtyard.
• March 14, 2022 at 9:21 p.m. at 245 Troy Avenue: It is alleged that less than an hour later, and after Stain gang member Micah Gerson waited with the Stain victim to be picked up by ambulance, Gerson and another Stain member went to the Albany Houses. Once there, Gerson and another appeared to be searching for someone; they then left and proceeded towards 245 Troy Avenue (Albany territory), where they allegedly fired multiple rounds down the street in apparent retaliation before fleeing, striking a deli multiple times with numerous customers inside.

The investigation was conducted by New York City Police Department Detectives Vincent Gambino and William Pugliese, under the supervision of Sergeant Steven Zanca, Lieutenant Mark Jablonski, and Captain Daniel Casella, of the Brooklyn North Violent Crime Squad.

The case is being prosecuted by Senior Assistant District Attorney Michael O’Rourke and Senior Assistant District Attorney Michael Pesin-Virovets, of the District Attorney’s Violent Criminal Enterprises Bureau, with the assistance of Intelligence Analyst Austin Wilson and Paralegals Tania Lopez and Sultana Wahab, under the supervision of Assistant District Attorney Gillian DiPietro, Deputy Bureau Chief, Assistant District Attorney Kathryn Spota, Deputy Bureau Chief, Assistant District Attorney Matthew Stewart, Deputy Bureau Chief, Assistant District Attorney Jennifer Cilia, First Deputy Bureau Chief, and Assistant District Attorney Alfred De Ingeniis, Bureau Chief.

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

DEFENDANT ADDENDUM:

            Stain Gang Indictment

1. Olujimi Lucas, 30, also known as O Skeeno
2. Jahrell Madison, 22, also known as Jah Billy
3. Micah Gerson, 22, also known as Flex
4. Derrick Jones, 19, also known as 9 Shots
5. Rashilo Drew, 20, also known as Lo Glizzy
6. Isaiah Foster, 18, also known as KG
7. Deon Regis, 23, also known as Too Nice

Albany Gang Indictment

1. Treaston McGregory, 20, also known as Trigga Trey
2. Elijah McDonald, 29, also known as Eli
3. Patrick Daniels, 30
4. Ibrahima Barry, 20, also known as EB

FOR IMMEDIATE RELEASE

Wednesday, August 28, 2024

Man Arraigned on Indictment Charging Him with Six Separate Assaults,
Mostly Against Senior Citizens, in Less Than a Month

Defendant Allegedly Approached Victims from Behind, Knocked them to the Ground

Brooklyn District Attorney Eric Gonzalez announced today that a 29-year-old man has been indicted on numerous charges of assault and other counts for allegedly attacking six individuals, mostly senior citizens, in separate attacks in Sunset Park, Bay Ridge and Coney Island.

District Attorney Gonzalez said, “The outrageousness of this defendant’s disturbing attacks on vulnerable seniors cannot be overstated, and our prosecutors will work diligently to ensure that he can no longer endanger our neighbors. This kind of random violence can terrorize a community, and it will never be tolerated in Brooklyn.”

The District Attorney identified the defendant as Mouhamed Diallo, 29. The defendant was arraigned today before Brooklyn Supreme Court Justice Herbert Moses on a 15-count indictment in which he is variously charged with second- and third-degree assault, fourth-degree grand larceny, second- and third-degree robbery, and petit larceny. His bail was continued at $100,000 cash or $300,000 bond and, after being deemed unfit to proceed, the defendant was remanded into treatment until he’s found fit.

The District Attorney said that, according to the investigation, between April 28, 2024 and May 21, 2024, the defendant allegedly assaulted five women and one man. Five of the people assaulted were senior citizens.

The incidents charged in the indictment include the following:

• An assault on April 28, 2024, at approximately 9:20 a.m., at 6761 4th Avenue. The defendant allegedly approached a 73-year-old woman from behind, punched her in the head and caused her to fall to the ground. She suffered cuts to her face and hands.
• An assault on May 5, 2024, at approximately 1:13 p.m., at 86th Street and West 8th Street. The defendant allegedly approached a 74-year-old woman from behind, pushed her to the ground and caused cuts to her hands and face.
• An assault on May 5, 2024, at approximately 4:50 p.m., at 4th Avenue and 96th Street. The defendant allegedly approached a 72-year-old woman from behind, punched her in the head and caused her to fall to the ground and suffer cuts to her face and hands.
• An assault on May 9, 2024, at approximately 5:35 p.m., at 143 28th Street. The defendant allegedly approached a 34-year-old woman from behind, punched her in the head and caused her to fall to the ground, where she suffered cuts to her face and hands. The defendant allegedly grabbed the woman’s purse, containing cash and credit cards and fled. He threw the purse to the ground after the victim chased him.
• An assault on May 19, 2024, at approximately 10 p.m., at 4th Avenue and 95th Street. The defendant approached an 87-year-old man from behind, punched him in the head and caus him to fall to the ground. The victim suffered cuts to the head and hands.
• An assault on May 21, 2024, at approximately 8:10 a.m., at 350 44th Street. The defendant approached a 60-year-old woman from behind and pushed her to the ground, causing cuts to the knee and elbow.

The District Attorney said that all the incidents were allegedly caught on surveillance video. The defendant was arrested on May 23, 2024.

The case is being prosecuted by Senior Assistant District Attorney Natalie Riether, of the District Attorney’s Blue Zone Trial Bureau, under the supervision of Assistant District Attorney Kin Ng, Bureau Chief.

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

FOR IMMEDIATE RELEASE

Thursday, August 22, 2024

Brooklyn Soccer Coach Sentenced to Seven Years in Prison
For Sexually Abusing Young Girl

Abuse Happened at a Sports Camp in Marine Park

Brooklyn District Attorney Eric Gonzalez today announced that the coach and owner of youth soccer camp in Marine Park has been sentenced to seven years in prison for sexually abusing a 10-year-old girl who attended the camp.

District Attorney Gonzalez said, “This defendant despicably and unconscionably exploited his position of trust to prey on a young child in his care. I hope today’s sentence brings some closure to the victim and her family. I remain steadfast in my commitment to protecting our children and bringing sexual predators to justice.”

The District Attorney identified the defendant as Stanislav Rozovsky, 52, of Sheepshead Bay, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Michael Kitsis to seven years in prison and 10 years of post-release supervision. The defendant was convicted of first-degree sexual abuse, endangering the welfare of child, and second-degree unlawful imprisonment on July 3, 2024, following a jury trial. He must register as a sex offender upon release from prison.

The District Attorney said that, according to the investigation, on July 18, 2022, the defendant, then the coach and owner of a youth soccer camp in Marine Park, bought the 10-year-old victim ice cream and convinced her to enter his van. When the child grabbed the door handle to exit the vehicle, the defendant grabbed her wrist and pushed her back onto the seat. The defendant then fondled the victim’s chest, kissing her and telling her, “I love you.”

The abuse was reported to police when the child told a parent what had happened.

The defendant was arrested on August 12, 2022.

The investigation was conducted by New York City Police Detectives assigned to the Brooklyn Special Victims Squad.

The District Attorney thanked Special Victims Bureau Paralegal Julia Holman, Digital Intelligence Analysts Anna Kharitonova and Richard Rojas from the Digital Evidence Lab, and Media Services Technician Imani James from the Multimedia Services Unit, for their assistance in the case.

The case was prosecuted by Senior Assistant District Attorney Kathleen Simpson of the Special Victims Bureau, and Assistant District Attorney Linda Weinman, Counsel to the Special Victims Bureau, under the supervision of Assistant District Attorney Olatokunbo Olaniyan, First Deputy Bureau Chief, and Assistant District Attorney Perry Cerrato, Deputy Chief, and Assistant District Attorney Miss Gregory, Bureau Chief.

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FOR IMMEDIATE RELEASE

Thursday, August 15, 2024

Brooklyn Man Sentenced to 25 Years in Prison for Killing
Man in Bedford-Stuyvesant Following Dispute

Defendant Pleaded Guilty to First-Degree Manslaughter

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been sentenced to 25 years in prison for fatally shooting a man in Bedford-Stuyvesant in 2019 during a confrontation on a residential street.

District Attorney Gonzalez said, “Today’s sentence ensures that this defendant will spend many years behind bars for a senseless and deadly act of gun violence. My thoughts are with Malik Russell’s loved ones as they continue to grieve his loss.”

The District Attorney identified the defendant as Darrien Weekes, 26, of Bushwick, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Heidi Cesare to 25 years in prison and five years’ post release supervision following his guilty plea to first-degree manslaughter on April 17, 2024. A co-defendant, Oliver Kinard, 27, pleaded guilty to third-degree hindering prosecution on September 26, 2023, and was sentenced to a conditional discharge.

The District Attorney said that, according to the evidence, on June 1, 2019, at approximately 3:41 a.m., Malik Russell, 29, was walking alone in Bedford-Stuyvesant when he encountered the defendant and co-defendant in front of 519 Chauncey Street. Russell shook hands with the two men, who were acquaintances. As the three men were talking on the sidewalk, the defendant suddenly took out a gun and fired three times at the victim, striking him once in the upper chest and chasing him into the street.

Furthermore, according to the evidence, the defendant then took the victim’s hat and left him lying on the sidewalk near a pile of garbage bags. The shooting itself was captured on video surveillance. The defendant was also captured on video surveillance approaching and leaving the scene.

Russell was taken to Interfaith Medical Center where he was pronounced dead.

The defendant was arrested on June 10, 2019.

The case was prosecuted by Senior Assistant District Attorney Cassandra Pond and Senior Assistant District Attorney Viviane Dussek, of the District Attorney’s Homicide Bureau, under the supervision of Assistant District Attorney Leila Rosini, Homicide Bureau Chief.

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FOR IMMEDIATE RELEASE

Wednesday, August 14, 2024

Alleged Gunman Indicted for Murder of 13-Year-Old Troy Gill,
Who was Fatally Shot in Crown Heights Earlier This Year

Defendant and Accomplice Were Looking for Rival Gang Members
When They Allegedly Shot the Teen

Brooklyn District Attorney Eric Gonzalez today announced that an alleged member of a violent Brooklyn street gang has been arraigned on an indictment in which he is charged with murder for a February shooting in Crown Heights that left a young teenager dead. The defendant and a codefendant, who was previously arraigned in connection to the same homicide, were also indicted for allegedly shooting up the front door of an alleged gang rival’s house.

District Attorney Gonzalez said, “As alleged, these defendants went on a revenge spree that took the life of a young boy. This type of senseless retaliatory gang violence is claiming too many lives, including children, and my office, along with the NYPD, is focused on solving each one of those shootings and holding those who commit them responsible. I commend everyone who worked on this complicated investigation and hope today’s indictment will bring a small measure of relief to Troy’s loved ones.”

The District Attorney identified the defendant as Jared (Jah Woo) McCauley, 21, of Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Herbert Moses on a 13-count indictment in which he is charged with second-degree murder, second-degree criminal possession of a weapon and first-degree reckless endangerment. Sheik Koureichi, 21, of Brooklyn, was arraigned on the same indictment on July 29, 2024. Both defendants were ordered held without bail and to return to court on August 16, 2024.

The District Attorney said that, according to the investigation, on February 29, 2024, at approximately 10:30 p.m., in the vicinity of Bergen Street and New York Avenue, 13-year-old Troy Gill, who was walking home after attending a Nets basketball game at the Barclays Center, was allegedly shot by the defendants in a drive by shooting. The victim called his mother to tell her he had been shot. He was taken to Kings County Hospital and pronounced dead. He suffered gunshots to the back and arm.

The District Attorney further said that, according to the investigation, at approximately 11 p.m., the defendants drove in a white Jeep to East New York where they allegedly repeatedly shot the front door of a rival gang member who was purportedly a member of the Drench street gang.

Both shootings on February 29, 2024, are alleged to be in retaliation for the kidnapping and beating earlier that day of one of the defendants – McCauley, a rapper associated with the Woo gang. McCauley was allegedly lured to the Bronx, forced into a car, beaten, stripped, and then forced out of the car. That incident was recorded and posted to social media.

The case is being prosecuted by Senior Assistant District Attorney Daniel Stern and Assistant District Attorney Matthew Bolin, of the District Attorney’s Violent Criminal Enterprises Bureau, under the supervision of Assistant District Attorney Matthew Stewart, VCE Deputy Chief of Trials, Assistant District Attorney Kathryn Spota, VCE Deputy Bureau Chief, Assistant District Attorney Jennifer Cilia, VCE First Deputy Bureau Chief, and Assistant District Attorney Alfred DeIngeniis, VCE Bureau Chief.

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

FOR IMMEDIATE RELEASE

Friday, August 9, 2024

Brooklyn District Attorney Moves to Vacate Conviction of Brooklyn Man Who Served 16 Years for Homicide After Critical Video Wasn’t Turned Over

Defendant Requested to Watch Surveillance Tape Throughout Trial but Was Denied;

Technical Difficulties Prevented Showing it; Defense Lawyer Was Ineffective and Judge Unfair

Brooklyn District Attorney Eric Gonzalez today announced that following a thorough reinvestigation by his Conviction Review Unit (CRU), he will move to vacate the conviction of Arvel Marshall, 52, who was convicted of a 2008 murder in Crown Heights. He would have been eligible for parole in 2033. A surveillance video showing the gunman shortly before and right after the shooting was not turned over to the defense and seemingly never fully viewed by law enforcement. The video, requested by the defendant throughout the trial to no avail, would have likely led to a different trial outcome. In addition, the CRU found that the defense attorney “abdicated his role as an advocate” and the judge “abandoned his role of a neutral arbiter.” The full CRU report is available here.

District Attorney Gonzalez said, “An investigation by my Conviction Review Unit found that everyone involved in this case – defense, prosecution, police, and the Court – failed, depriving Mr. Marshall of a fair trial. A critical piece of evidence was not turned over, leading to this unjust conviction. The CRU’s work often reveals systemic failures, and this is a prime example of that. We will continue to expose, correct, and learn from every wrongful conviction that took place in Brooklyn.”

The defendant will appear in court today at 10:00 a.m. before Brooklyn Supreme Court Justice Matthew D’Emic at 320 Jay Street, 15^th Floor.

The District Attorney said that on the night of July 15, 2008, 22-year-old Moustapha Oumaria was fatally shot in the head while sitting outside his Crown Heights home with three friends. Marshall became a suspect based on claims that he and the deceased, who dated the same woman as the defendant, had an ongoing dispute. The three friends who were at the scene identified Marshall as the killer (although initial accounts described the gunman as a teenager and the defendant was 36 at the time).

Marshall testified and professed his innocence throughout the trial. There was a video containing surveillance footage near the scene from which police made four still photos depicting two individuals, one of whom matched the clothing description of the shooter that was provided by witnesses. But the prosecutor was unable to play the video in court, making several attempts to do so. He said that his understanding was that the stills represented the pertinent parts of the footage, and that the video has “no evidentiary value.” It appears that no one actually watched the entire video, and the issue was not pursued later in the trial. Marshall was convicted and sentenced to 25-years-to-life in prison.

The CRU was able to view the surveillance footage, which included two different angles. The footage shows a young man wearing a white t-shirt and dark pants, matching exactly the description of the shooter, walking along with another individual wearing all black. The footage shows the first man reaching under his shirt on his right side, removing an object from his waistband, handling the object by his right hip, then lowering his shirt back over his waist. When the two men go off screen, the footage shows two older men walking in the street in the same direction as the two young men. At one point the two older men stop and look toward the area of the shooting, then start walking back in the opposite direction while glancing over their shoulders. Moments later, the younger men in white and black are seen sprinting down the street away from the area of the shooting, never looking behind them. The one with the white shirt is seen with his right arm extended straight down by his side and slightly away from his body while appearing to be holding something.

A police note attached to the disc containing the surveillance footage lists several timestamps, none of which include the pertinent portions. The footage—which the defendant, in front of the jury, repeatedly asked to be shown to the jury—is grainy but seems to point to a different suspect. The CRU concluded that the videos were favorable to the defense and should have been turned over.

The reinvestigation also followed up on a pre-trial defense investigation (whose findings were not brought up at trial), in which a tipster claimed that the shooting was arranged by a drug dealer who lived next door to the victim and ordered a hit against a man he believed to be encroaching on his drug territory. The unknown tipster claimed that the deceased was killed by a 16-year-old in a case of mistaken identity. The dealer confirmed the drug trade dispute to the CRU but denied being involved in the murder.

Finally, the CRU identified serious errors that were committed by all parties. Defense counsel did not advocate effectively; his client raised valid questions that the attorney made clear were his client’s concerns and not his, effectively disparaging the defendant; he blindly accepted the representation that the video was unreadable, despite the fact that stills were made from it; and he didn’t prepare his client before he testified and did not question him on the stand. The prosecutor should have watched the video footage and not state without firsthand knowledge that the stills represented everything of significance in the footage. The judge responded to the defendant’s many outbursts with disdain; he instructed him to “shut up” and “be quiet” and told the defendant, in front of the jury, that the footage was “not relevant” despite never having watched it; when the defendant was testifying, the judge denigrated and belittled him in front of the jury; and he did not insist on playing the video. The police investigators didn’t seem to have watched the entire footage and likely falsely reported to the prosecutor that the stills showed all relevant parts of the footage.

Because of these mistakes and the failure to turn over evidence, Marshall was deprived of a fair trial. The District Attorney recommends that his conviction be vacated and the indictment dismissed. There are no viable avenues to further investigate the defense investigators’ claims.

To date, the work of the Conviction Review Unit has resulted in 39 convictions being vacated since 2014. Currently, CRU has approximately 60 open investigations.

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

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FOR IMMEDIATE RELEASE

Thursday, August 8, 2024

Bushwick Man Indicted for Sex Trafficking Teenage Girls

Allegedly Recruited Two 15-year-olds and a 17-year-old to Engage in Prostitution;

Arrested Following Undercover Sting; His Cousin Allegedly Acted as Driver

Brooklyn District Attorney Eric Gonzalez today announced that a Bushwick man has been arraigned on two indictments charging him with promoting prostitution and sex trafficking of a child for allegedly recruiting multiple victims, including three teenage girls, ages 15 to 17, to engage in prostitution. The defendant’s cousin allegedly acted as his driver, picking up one of 15-year-old victims and dropping her off at the defendant’s residence. The defendant was arrested at his apartment in Bushwick during an undercover sting.

District Attorney Gonzalez said, “These defendants allegedly exploited three teenage girls, recruiting them to repeatedly engage in prostitution. I am deeply committed to bringing to justice individuals who prey on vulnerable young people in Brooklyn, and we will now seek to hold these two defendants accountable.”

The District Attorney identified the defendants as Terrence Rogers, a.k.a., Aura, 33, and Vashorne McClain, 28, of Bushwick, Brooklyn. Rogers was arraigned today before Brooklyn Supreme Court Justice Danny Chun on two separate incidents in which he is charged with multiple counts of sex trafficking of a child; second-, third-, and fourth-degree promoting prostitution; third-degree rape; third-degree sexual abuse; sexual misconduct; endangering the welfare of a child; and unlawful dissemination or publication of an intimate image. He was ordered held without bail and to return to court on August 20, 2024. McClain was arraigned on an indictment in which he is charged with sex trafficking of a child, third- and fourth-degree promoting prostitution, and endangering the welfare of a child. He was released without bail and ordered to return to court on September 18, 2024.

The District Attorney said that, according to the investigation, between March 9, 2024, and April 12, 2024, Rogers allegedly recruited a 15-year-old girl to engage in prostitution on multiple occasions from his apartment at Halsey Street in Bushwick. The victim was allegedly introduced to the defendant by a classmate, also 15, who was engaging in prostitution for the defendant at the time. It is alleged that Rogers posted the 15-year-old’s photo on a website advertising sexual services. He also allegedly gave her a cellphone and instructed her on how to communicate with customers and how much to charge them.

Furthermore, according to the investigation, Rogers allegedly sexually assaulted the 15-year-old victim on April 12, 2024. More than a month later, the defendant allegedly messaged her on Snapchat and threatened to a post a nude photo of her online unless she continued to engage in prostitution. After the victim returned to the defendant’s apartment, he allegedly posted the nude photo on a website advertising sexual services before forcibly touching her.

On June 13, 2024, the victim reported the assault to a school social worker who contacted police. The District Attorney’s Human Trafficking Unit and the New York City Police Department then launched an undercover investigation.

On July 3, 2024, an undercover officer responded to a live online advertisement posting for prostitution in Brooklyn with images of the underage victims. The undercover officer called the phone number provided in the advertisement and was directed to the Halsey Street location. Inside the defendant’s apartment, the undercover officer made an agreement to have sex with a 22-year-old woman for $100. A field team then raided the apartment. As police were entering, Rogers was allegedly caught leaving the bathroom with a 17-year-old victim who was partially undressed. He was arrested at the location.

Investigators subsequently determined that there were approximately six other women engaging in prostitution at the address.

Investigators also determined that between March 9, 2024, and April 12, 2024, the co-defendant acted as a driver for Rogers, allegedly picking up the 15-year-old victim at her home and dropping her and other women off at the defendant’s apartment to engage in prostitution.

The case was investigated by New York City Police Detective Latasha Carter, Detective Joseph Azevedo and Detective Kevin Deleon from the NYPD’s Human Trafficking Squad, under the supervision of Sergeant Kevin Kavanagh, Lieutenant Amy Capogna, and Captain Maripily Clase, and the overall supervision of Chief Carlos Ortiz.

The District Attorney thanked Digital Forensic Analyst Richard Rojas from the District Attorney’s Digital Evidence Lab for his assistance in the case.

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

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

FOR IMMEDIATE RELEASE

Wednesday, August 7, 2024

East Williamsburg Man Sentenced to 25 Years to Life in Prison for Axe Attack that Critically Wounded Girlfriend and Killed Her Pregnant Friend

Defendant Struck Victims, both Mothers, Multiple Times with an Axe

Inside Girlfriend’s Apartment Where her 4-Year-Old Daughter Was Present

Brooklyn District Attorney Eric Gonzalez today announced that an East Williamsburg man has been sentenced to 25 years to life in prison for a brutal axe attack in which he hacked his girlfriend multiple times, leaving her in critical condition, and fatally struck her pregnant friend.

District Attorney Gonzalez said, “This was a shocking and senseless act of violence that took the life of a pregnant woman and left a second woman with physical and emotional traumas she suffers to this day. Nothing will bring Savannah Rivera back, but I hope today’s sentence brings a measure of solace to her family and friends. The defendant has now been brought to justice.”

The District Attorney identified the defendant as Jerry Brown, 39, of East Williamsburg, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Danny Chun to 25 years to life in prison. The defendant was convicted of second-degree murder, second-degree attempted murder, and first-degree assault on June 18, 2024, following a bench trial.

The District Attorney said that, according to the evidence, on April 20, 2019, at approximately 1:35 a.m., the defendant attacked his 21-year-old girlfriend and her friend Savannah Rivera, 20, with an axe inside his girlfriend’s apartment in the Bushwick Houses on Flushing Avenue near Humboldt Street in East Williamsburg. His girlfriend’s 4-year-old daughter was present in the apartment during the attack.

Furthermore, according to the evidence, the defendant fatally struck Rivera, hitting her repeatedly, and hacked his girlfriend multiple times, causing a severe laceration to the back of her head and gashes to her torso, arms, and throat. After the defendant left the apartment, the surviving victim made her way outside, approached an Uber car that was at a traffic light and the driver called 911. She was taken to Elmhurst Hospital in critical condition.

The victim subsequently underwent multiple surgeries while being treated for a fractured skull, broken ribs, collapsed lungs, and multiple stab wounds. To date, she continues to suffer from seizures and remains at heightened risk of developing life-threatening infections.

The defendant surrendered to police at the 90^th Precinct later that day at approximately 5:30 p.m. During an interview with investigators, the defendant confessed to attacking Rivera and said he threw the axe and his girlfriend’s cellphone into the building’s incinerator.

The District Attorney thanked Paralegal Meghan Brancato of the Homicide Bureau for her assistance on the case.

The case was prosecuted by Assistant District Attorney Ernest Chin, Deputy Chief of the District Attorney’s Homicide Bureau, and Senior Assistant District Attorney Cassandra Pond, also of the Homicide Bureau, under the supervision of Assistant District Attorney Leila Rosini, Bureau Chief.

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