




Brooklyn, January 30, 2013 – Kings County District Attorney Charles J. Hynes today announced the conviction of Angus Pascall, 36, an FDNY EMT, for sexually assaulting five victims, the youngest of whom was 11-years-old. A jury convicted him of one count of Rape in the First Degree; seven counts of Predatory Sexual Assault; three counts of Predatory Sexual Assault Against a Child; one count of Attempted Predatory Sexual Assault, and 1 count of Endangering the Welfare of a Child. Pascall will be sentenced on February 13, 2013, before Brooklyn Supreme Court Justice Mark Dwyer. He faces up to life in prison.
On June 11, 2001, the defendant approached 5114 Clarendon Road and asked the victim, a 22 year old woman, to leave a package for her upstairs neighbor. Pascall then forced his way into her apartment, displayed a gun and forcibly raped her.
On May 21, 2009, a 19 year old female was forced to perform oral sex on the defendant, who was a stranger, inside the elevator in her apartment building located at 249 East 37th Street. The defendant was armed with a machete which caused lacerations to the victim’s hands. The victim attempted to escape but was unable to and the defendant forced her to perform oral sex a second time.
The third victim was 14 years-old when Pascall attempted to rape her on October 20, 2009 outside her home located on Avenue N. The defendant approached her with a knife in one hand and a towel resembling a holster in the other hand, which he said contained a gun. The defendant ordered her to the back of the house and told her to remove her pants. The victim struggled with him and began to scream. Pascall fled the scene and in the struggle the victim suffered a cut to her hand.
The fourth incident also occurred inside an elevator. On July 11, 2010 as the 11-year-old victim was riding the elevator at 420 Kingsboro 4 Walk, the defendant used an elevator key to trap the victim inside. Pascall, a stranger, then put a gun to her face and repeatedly sexually assaulted her anally and orally.
On July 19, 2010, the defendant forced a 20 year-old woman into his car at gunpoint. Pascall, a stranger, drove the victim into a nearby driveway, located in the vicinity of 10557 Flatlands 4 Street, where he forced her into the backseat and forcibly raped her. As the defendant fled, the victim memorized the license plate number of the car and reported it to the police.
The case was prosecuted by Michael Trabulsi, Counsel to the Sex Crimes Bureau, Assistant District Attorneys Olatokunbo Olaniyan and Elisabeth Prael, also from the Sex Crimes Bureau. Rhonnie Jaus is Chief of the Sex Crimes and Crimes Against Children Division.
Contact: Mia Goldberg
(718) 250-2300
Brooklyn, January 29, 2013 – Kings County District Attorney Charles J. Hynes today announced the indictment of Andrew McElroy, 28, for punching a cab driver, knocking him unconscious, after a dispute about the fare. McElroy was indicted on two counts of Assault in the Second Degree and one count of Assault in the Third Degree. If convicted, he faces up to seven years in prison.
The indictment charges, on January 1, 2013, cab driver, Key Kim was driving McElroy to his destination at Willoughby Avenue and Skillman Street when they got into an argument about the fare. When they reached the destination, McElroy and Kim got out of the cab and McElroy punched the victim more than once, knocking him into the concrete sidewalk.
Two witnesses called police and identified the suspect when police arrived at the scene. Kim was taken to Kings County Hospital with multiple fractures to the skull and bruising and swelling to the brain. He remains in very serious condition at Kings County Hospital where he underwent surgery for his injuries.
An indictment is an accusatory instrument and not proof of a defendant’s guilt.
The case is being prosecuted by Jeffrey Levitt, Chief of the Trial Bureau Blue Zone and Theresa Robitaille, Senior Trial Attorney in the Trial Bureau Blue Zone.
Contact: Sandy Silverstein
(718) 250-2300
Brooklyn, January 29, 2013 – Kings County District Attorney Charles J. Hynes today announced the conviction of Ambiorix Rodriguez, 34, a school janitor, for the rape and sexual abuse of a young girl in his middle school. He was convicted on charges including four counts of Predatory Sexual Assault Against a Child, two counts of Rape in the Second Degree, and six counts of Sexual Abuse in the Second Degree. He will be sentenced on February 20 before Brooklyn Supreme Court Justice Sheryl Parker where he faces up to life in prison.
From September 2010 to January 2011, Rodriguez, a custodian at the Middle School for Marketing and Legal Studies, repeatedly touched and had sex with an eighth-grade girl from the time she was 12 to 13-years-old. The incidents took place in the stairwell and basement of the school. Rodriguez was arrested on April 11, 2011 after the victim disclosed the abuse to school officials. School officials notified the police.
The case was prosecuted by Jamila Cha-Jua-Lee, Counsel to the Sex Crimes Bureau and Assistant District Attorney Lauren Silver. Rhonnie Jaus is Chief of the Sex Crimes and Crimes Against Children Division.
Contact: Sandy Silverstein
(718) 250-2300
Brooklyn, January 29, 2013 – Kings County District Attorney Charles J. Hynes today announced the sentencing of Eion Klass, 36, to 35 years in prison for killing a liquor store clerk during an attempted robbery. He pled guilty to Manslaughter in the First Degree and Attempted Robbery in the First Degree on January 10. The sentence for these two crimes was 25 years and 10 years respectively, to run consecutively for the total of 35 years.
In an unrelated case, Klass pled guilty to Robbery in the Second Degree on January 10 for assaulting and robbing the husband of an ex-girlfriend. In that case, he was sentenced today to 10 years in prison.
The sentences for the two separate crimes will run concurrent. He was sentenced before Brooklyn Supreme Court Justice Neil Firetog.
On August 19, 2010, while Klass was on parole, he walked into a Midwood liquor store, wearing a mask and armed with a gun. He attempted to rob the liquor store when clerk, Yoseph Robinson, tried to stop Klass as he was stealing jewelry from Robinson’s girlfriend, who was in the store visiting Robinson. Robinson, who converted to Orthodox Judaism over ten years ago, was shot and killed during the struggle. Klass was arrested the following week after police received information from an NYPD tip line.
In an earlier, unrelated incident, on June 28, 2010, Klass approached Patrick Walters and struck him in the head with a blunt object. When the victim was on the ground, Klass and another individual then repeatedly kicked Walters in the face and body, and stole his chain and cell phone. The victim suffered a concussion and was rushed to Kings County Hospital.
The cases were prosecuted by Anna-Sigga Nicolazzi, Bureau Chief in the Homicide Bureau and John Sharples, Counsel to the Trial Bureau Green Zone. Kenneth Taub is Chief of the Homicide Bureau.
Contact: Sandy Silverstein
(718) 250-2300
Brooklyn, January 25, 2013 – Kings County District Attorney Charles J. Hynes today announced the indictment of off-duty New York City Correction Officer Dale Moore for shooting Kai Gates on January 8, 2013 in East Flatbush.
Moore, 32, is charged with one count of Assault in the First Degree and one count of Assault in the Second Degree. If convicted, he faces up to 25 years in prison.
The indictment alleges that on January 8, 2013 at 1:10 pm in front of 2909 Clarendon Road, Moore was driving his car with passenger Shalonda Smith, a captain in the Correction Department. The car was cut-off by a vehicle driven by Kai Gates and resulted in a minor car accident. After the defendant and the victim exited their cars, Moore shot Kai in the chest and in the jaw. Mr. Gates and Captain Smith have a child in common.
The case is being prosecuted by First Deputy Bureau Chief in the Blue Trial Bureau, Caryn Teitelman and Assistant District Attorney Lawrence Mottola. Jeffrey R. Levitt is the Executive Assistant District Attorney in the Blue Trial Bureau.
An indictment is an accusatory instrument and not proof of a defendant’s guilt.
Contact: Mia Goldberg
(718) 250-2300
Brooklyn, January 25, 2013 – Kings County District Attorney Charles J. Hynes today announced the indictment of Amado Charles, 34, and Andrea Jobity, 39, charged with running down several people outside a Bay Ridge bar, in the early morning hours of January 1, 2013.
The indictment charges that, after leaving the 93 Lounge, 315 93rd Street, Charles and Jobity got into Charles’ car, and that Charles intentionally drove into several people, seriously injuring two of them, and also crashed into eight parked cars. Jobity then climbed on top of Charles and drove the car, crashing into parked vehicles, according to the indictment.
Charges against Charles include three counts of Attempted Murder in the Second Degree, four counts of Assault in the First Degree, Vehicular Assault in the First Degree, and Driving While Intoxicated. Jobity is charged with Driving While Intoxicated, as a Class-E Felony, because she was previously convicted of Driving While Intoxicated.
An indictment is an accusatory instrument and not proof of a defendant’s guilt.
The case is being prosecuted by Lindsay Gerdes, Counsel to the Blue Zone. Executive Assistant District Attorney Jeffrey Levitt is Chief of the Blue Zone.
Contact: Jonah Bruno
(718) 250-2300
Brooklyn, January 25, 2013 – Kings County
District Attorney Charles J. Hynes today announced the
arrest of Yin Haun Zhao, charged with running a
counterfeit cigarette ring that netted millions of
dollars and deprived the city and state of millions in
tax revenue.
“As unhealthy as smoking
is, smoking counterfeit and bootleg cigarettes is even
worse, because there is no way of knowing what chemicals
they contain,” said DA Hynes. “Selling this poison is
also a drain on the state and city economy, because
these cigarettes are entirely untaxed.”
From Zhao’s Borough Park
warehouse, at 5623 Fort Hamilton Parkway, KCDA Detective
Investigators seized approximately 600 cases of
cigarettes, containing roughly 30,000 cartons and worth
approximately $4.5 million. The city and state taxes on
the seized cigarettes would have been $1.8 million. The
cigarettes included counterfeit versions of popular
brands, such as Marlboro and Camel, as well as less
well-known Chinese cigarettes.
Zhao is charged with a
Class-D Felony related to the possession, with intent to
sell, of more than $30,000 cigarettes without the proper
tax stamps, Trademark Counterfeiting in the Second
Degree, and Attempt to Evade or Defeat Cigarette and
Tobacco Products Tax. He faces up to seven years in
prison, if convicted.
This arrest is the result
of a six month undercover investigation conducted the
Brooklyn District Attorney’s Money Laundering and
Revenue Crimes Bureau and the Special Investigations
Unit, with the assistance of Allegiance Protection Group
Inc. and the Altria Group, both working on behalf of the
Phillip Morris Tobacco Company.
The case was investigated
by Supervising Rackets Investigator Sandra Tillman and
Detective Third Grade Chris Perkins. George Terra is
Assistant Chief Investigator. Joseph Ponzi is Chief
Rackets Investigator.
The case is being tried by
Greg Mitchell, Bureau Chief in the Money Laundering and
Revenue Crimes Bureau and Steven Kramer, Counsel to the
Money Laundering and Revenue Crimes Bureau. Michael
Vecchione is Chief of the Rackets Division.
Contact: Jonah Bruno
(718) 250-2300
Brooklyn, January 22, 2013 – Kings County District Attorney Charles J. Hynes today announced the sentencing of Nechemya Weberman, 54, to 103 years in prison for sexually abusing a young girl over the course of three years. He was convicted on the top count of Course of Sexual Conduct Against a Child in the First Degree on December 10, 2012 before Brooklyn Supreme Court Justice John Ingram.
District Attorney Hynes said, “If there is one message to take away from this case it is that this office will pursue the evil of sexual abuse of a child no matter where it occurs in this county. We must protect our children from sexual predators. The abuse of a child cannot be swept under the rug or dealt with by insular groups believing only they know what is best for their community. In this case it took the courage of a young woman to drive home the point that justice can only be achieved through the involvement of civil authorities charged with protecting all the people.
Weberman was counseling the victim beginning when she was 12. From 2007 to 2010, Weberman sexually abused the girl multiple times, mostly in his office.
Weberman was convicted on one count of Course of Sexual Conduct Against a Child in the First Degree, 12 counts of Criminal Sexual Act in the Second Degree, two counts of Criminal Sexual Act in the Third Degree, 18 counts of Sexual Abuse in the Second Degree, 25 counts of Sexual Abuse in the Third Degree, and one count of Endangering the Welfare of a Child.
The case was prosecuted by Kevin O’Donnell, Bureau Chief in the Sex Crimes Bureau. Rhonnie Jaus is Chief of the Sex Crimes Bureau.
Contact: Sandy Silverstein
(718) 250-2300
Brooklyn, January 17, 2013 – Kings County District Attorney Charles J. Hynes has announced his Third Annual Legal Lives Anti-Bullying Video Contest which will begin on Tuesday, January 22, 2013. Students in the fourth through ninth grades throughout Brooklyn are encouraged to enter the contest by submitting a video about bullying. The deadline for video submissions is Tuesday, April 30, 2013.
Bullying is a problem in schools and on the internet. It is intentional, aggressive behavior that involves an imbalance of power or strength, typically repeated over time. Bullying has a serious effect on its victims, often leading to depression, and in some cases, it may even lead to suicide.
District Attorney Hynes said “The goal of the contest is to raise the consciousness of not only children, but teachers, administrators and parents to the reality of bullying and how each of them has to step up and be a part of solving this problem. If more young people were to take a stand against bullying, then the phenomenon would likely diminish over time.”
Participants are asked to create a 90-second video that answers one of the following questions:
Videos will be judged on creativity and content. Students are encouraged to use music, dancing or pictures. To submit a video, students will need to upload their videos as a response to the DA Hynes Announces Anti-Bullying Video which can be found at: www.youtube.com/kingscountyda. The winner will serve as “DA for the Day.”
Contact: Sandy Silverstein
(718) 250-2300
Brooklyn, January 2, 2013 – Kings County District Attorney Charles J. Hynes today hailed the people of Brooklyn, the county’s elected officials and the New York Police Department for the extraordinary drop in the murder rate since he first took office in 1990 when there were 780 murders in the borough. Last year the number, at 149, was the first time it was under 150 since 1960.
"The key to this dramatic
drop in murders has been the dedication of our
communities and their collaboration with everyone from
their religious leaders to city councilmen to local
precinct commanders determined to keep their
neighborhoods safe,” said District Attorney Hynes, “the
exceptional deployment efforts of Police Commissioner
Raymond W. Kelly and more than one dozen programs,
initiated by my office with the support of other
government and non-governmental organizations,
demonstrated to the average citizen that we are
dedicated to their needs.”
District Attorney Hynes pointed to his re-entry
program, ComALERT which along
with organizations such as the Doe Fund, helps the
formerly incarcerated reconnect with society and has
recidivism rate of 22 percent, less than half of the
result when no program is offered.
In 2008 in collaboration
with the NYPD and church pastors throughout Brooklyn the
District Attorney began a regular program of Gun Buy
Backs that has resulted in about 2400 guns recovered.
The program has since been replicated city-wide,
resulting in more than 7,000 weapons being taken from
the streets. In the wake of the Newton, Ct. school
massacre where 20 children and seven adults were gunned
down District Attorney Hynes called on President Obama
to form a National Commission to study the nation’s gun
laws and seek ways to further keep guns, especially
those designed for armies and police departments, out of
the hands of irresponsible people. “I applaud the
President’s quick action in appointing Vice-President
Joseph Biden to head such a study and look forward to
its conclusions,” said District Attorney Hynes.
“Residential alternative to
prison drug treatment programs, Back on Track a program
based in Brownsville designed to help youth who have run
afoul of the law and risk dropping out of the education
system, Legal Lives where my assistant district
attorneys visit schools to talk about making the right
choices in life, and Project Re-Direct which offers gang
members a way of becoming useful members of the
community are all tried and true programs, supported by
social service and law enforcement agencies that are
part of the solution to keeping the murder rate at
extraordinary low levels,” said District Attorney Hynes.
“All of the people of
Brooklyn should feel proud of these accomplishments,” he
said. “We dedicate 2013 to doing even better.”
Contact:
Mia Goldberg
(718) 250-2300