Trinidad and Tobago Citizen Convicted in Double Homicide For Murdering His Sister and Former Girlfriend

FOR IMMEDIATE RELEASE
Tuesday, December 21, 2021

 

Trinidad and Tobago Citizen Convicted in Double Homicide
For Murdering His Sister and Former Girlfriend

Defendant Faces up to 50 Years to Life in Prison When He is Sentenced

Brooklyn District Eric Gonzalez today announced that a former Brooklyn resident has been convicted of two counts of murder for shooting to death his sister and former girlfriend in July 2002. The defendant then fled Brooklyn and remained at large until his arrest in Bridgeport, Connecticut in 2018.

District Attorney Gonzalez said, “For almost 20 years, the family and friends of Patricia Neverson and Donna Davis have waited for this defendant to be brought to justice. This verdict ensures that this defendant will no longer threaten public safety in our communities, and hopefully brings a small measure of solace to the victims’ loved ones.”

The District Attorney identified the defendant as Andre Neverson, 57, of Trinidad and Tobago. He was convicted yesterday of two counts of second-degree murder and one count of second-degree criminal possession of a weapon following a jury trial before Brooklyn Supreme Court Justice Danny Chun. The defendant will be sentenced on January 31, 2022, at which time he faces up to 50 years to life in prison.

The District Attorney said that, according to the evidence, on July 8, 2002, Neverson fatally shot his older sister, Patricia Neverson, 39, in her Crown Heights, Brooklyn home following an ongoing dispute between them. She was shot in the head and body and was found later that same night.

Later that day, at around 6:20 p.m., Neverson picked up his former girlfriend, Donna Davis, 38, at Audrey Cohen College in Queens. After she got in his minivan, she was never seen again, until, according to the evidence, her body was found dumped in an empty lot in East New York, Brooklyn, with a gunshot wound to her head.

Neverson fled Brooklyn, but was apprehended on September 4, 2018, in Bridgeport, Connecticut by the U.S. Marshals Service and returned to Brooklyn.

The District Attorney thanked Supervising Paralegal Jannette Ayala and Paralegals Meghan Brancato and Angelika Rostkowska, of the Homicide Bureau for their assistance on the case.

The case was prosecuted by Assistant District Attorney Timothy Gough, Chief of the District Attorney’s Homicide Bureau, and Senior Assistant District Attorney Daniel M. Murphy, also of the Homicide Bureau.

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

Brooklyn Contractors Indicted for Allegedly Stealing $93,000 From Five Customers Who Hired Them to Perform Plumbing and Gas Work

FOR IMMEDIATE RELEASE
Wednesday, December 15, 2021

 

Brooklyn Contractors Indicted for Allegedly Stealing $93,000
From Five Customers Who Hired Them to Perform Plumbing and Gas Work

Defendants, Who Were not Licensed, Allegedly Took Money for Work they Didn’t Complete

Brooklyn District Attorney Eric Gonzalez, together with Acting New York City Department of Investigation Commissioner Daniel G. Cort, today announced that two unlicensed Brooklyn contractors and their company have been arraigned on an indictment in which they are charged with grand larceny and scheme to defraud for fraudulently representing they were licensed plumbers and allegedly taking money from five customers in Brooklyn, Manhattan, the Bronx and Queens to do work, then walking off the jobs without completing or properly performing the work.

District Attorney Gonzalez said, “These defendants allegedly engaged in a lengthy and brazen scheme that took advantage of homeowners who put their trust in them. We will continue to investigate fraud and corruption in the home improvement industry and to seek justice for those who are victimized by unscrupulous or dishonest contractors.”

Acting DOI Commissioner Cort said, “These defendants posed as professional, licensed plumbers when they were not; and engaged in plumbing, gas and other remodeling work that they were not licensed to perform; and then failed to complete the work, stealing tens of thousands of dollars from New York City homeowners, according to the charges. Their charged actions reflect no regard for homeowner safety, as they walked off unfinished jobs, leaving homeowners in the costly position of having to hire credentialed professionals to complete the jobs correctly. DOI thanks the Brooklyn District Attorney’s Office and the City Department of Buildings for their partnership on this important investigation that demonstrates how corruption can undermine safety.”

The District Attorney identified the defendants as Peter DiMassi, 49, of Staten Island, and Marcello Stemma, 42, of Bethpage, New York, and the company that they co-own, Best Priced Construction, Inc., of Brooklyn. They were arraigned today before Brooklyn Supreme Court Justice John Hecht on an indictment in which they are charged with third-degree grand larceny and first-degree scheme to defraud. They were released without bail and ordered to return to court on February 1, 2022.

The District Attorney said that, according to the investigation, between September 21, 2017 and August 5, 2021, the defendants contracted with five different customers to perform plumbing and gas work at their respective properties, one in Brooklyn, one in Manhattan, two in the Bronx and one in Queens.

The defendants, according to the investigation, allegedly claimed verbally or in written estimates that they were licensed plumbers or that they were authorized to work under a licensed plumber – which was not true. In fact, they were not licensed and had no legal professional affiliation with the licensed plumbers whose license numbers were listed on their estimates and contracts.

The customers allegedly paid the defendants amounts ranging from $7,000 to $34,000 for work that was not properly performed or completed. At each property they allegedly walked off the job after getting into a dispute with the customer, who then had to hire another contractor to finish the work or spend additional funds.

The case was investigated by a Detective Investigator from the District Attorney’s Investigations Bureau and New York City Department of Investigation Chief of Investigations Barry Romm and Assistant Inspectors General Dan Taylor and Robert Miller.

The District Attorney thanked the New York City Department of Buildings for its assistance in the case.

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

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

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

Man Sentenced to 11 Years in Prison for Strangulation and Assault As Hate Crimes for Attack on Jewish Man Walking Home from Synagogue

FOR IMMEDIATE RELEASE
Monday, December 13, 2021

 

Man Sentenced to 11 Years in Prison for Strangulation and Assault
As Hate Crimes for Attack on Jewish Man Walking Home from Synagogue

Shouted Anti-Semitic Slurs Before and After Assault

Brooklyn District Attorney Eric Gonzalez today announced that a man has been sentenced to 11 years in prison for the strangulation and assault as hate crimes for the unprovoked attack against a Jewish man, whom he cursed and strangled as the victim was walking home from a synagogue.

District Attorney Gonzalez said, “This was a frightening and unprovoked attack that left an innocent man terrorized. We will not tolerate bias-motivated crimes in Brooklyn, where we pride ourselves on the diversity of our neighbors. I hope that this sentence sends the message that my Office will pursue and bring to justice those who target our community members for hate-fueled violence.”

The District Attorney identified the defendant as James Vincent, 44. He was sentenced today by Brooklyn Supreme Court Justice Donald Leo to 11 years in prison. The defendant was convicted of first-degree attempted strangulation as a hate crime, second-degree strangulation as a hate crime, attempted second-degree assault as a hate crime, third-degree assault as a hate crime, and fourth-degree criminal mischief on October 28, 2021 following a jury trial.

The District Attorney said that, according to the evidence, on April 21, 2018, at approximately 1 p.m., the victim, a 52-year-old Jewish man, was walking home from his synagogue after Sabbath prayers. He walked past the defendant in the vicinity of Rutland Road and East 46th Street in East Flatbush, when the defendant yelled, “You #$%& Jew, you Jews took my house and mortgage.” The victim continued walking.

The defendant then ran up to the victim from behind, placed his hands on his neck and applied pressure, according to the evidence. He then punched the victim in the head and body, put his arms around the victim’s head and applied pressure. Two bystanders intervened and the defendant continued to yell epithets regarding the victim’s religion as the victim picked up his yarmulke and kippah. The defendant then fled.

The victim suffered various injuries to the head and body.

Several surveillance videos from the area helped to identify the defendant and the investigation revealed that he purchased ice cream in a nearby store using a card bearing his name. He was arrested on April 27, 2018.

The case was investigated by now retired Detective Kenneth O’Donnell, of the NYPD’s Hate Crimes Task Force, under the supervision of Sergeant Charles A. Senat.

The case was prosecuted by Senior Assistant District Attorney Adriana Rodriguez, of the District Attorney’s Hate Crimes Bureau and Assistant District Attorney Kelli M. Muse, Chief of the Hate Crimes Bureau.

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

Flatbush Man Indicted on Arson and Attempted Murder Charges for Allegedly Throwing Incendiary Device into Bedford-Stuyvesant Deli

FOR IMMEDIATE RELEASE
Monday, December 13, 2021

 

Flatbush Man Indicted on Arson and Attempted Murder Charges for Allegedly Throwing Incendiary Device into Bedford-Stuyvesant Deli

Defendant Allegedly Stabbed Deli Worker in Hand after Running from Scene, Being Chased

Brooklyn District Attorney Eric Gonzalez today announced that a Flatbush man has been arraigned on an indictment in which he is charged with arson, attempted murder and aggravated harassment for throwing a Molotov cocktail into a Bedford-Stuyvesant deli, attempting to throw a second Molotov cocktail and stabbing a deli worker who chased the defendant as he fled the scene.

District Attorney Gonzalez said, “Thankfully, this frightening attack did not lead to more serious injuries, but this kind of lawlessness is dangerous and requires an appropriate law enforcement response. We will now seek to bring this defendant to justice and hold him accountable.”

The District Attorney identified the defendant as Joel Mangal, 38, of Brooklyn, New York. He was arraigned today before Brooklyn Supreme Court Justice Dineen Riviezzo on a 29-count indictment in which he is charged with first-degree attempted murder, first-degree arson, first-degree criminal possession of a weapon, second-degree aggravated harassment, second-degree assault and related charges. He was ordered held on bail of $500,000 cash or $1,000,000 bond and to return to court on January 27, 2022.

The District Attorney said that, according to the investigation, on October 30, 2021 at approximately 6:40 a.m., the defendant allegedly threatened to kill two employees at a deli located at 496 Nostrand Avenue in Bedford-Stuyvesant and threatened to burn the building down. He then allegedly picked up an apple from the store and threw it in the direction of one employee, breaking a television screen.

Furthermore, it is alleged, at approximately 7:50 a.m., on October 30, 2021, the defendant allegedly stood outside of the deli and threw a Molotov cocktail inside the deli, which exploded into a fireball on impact and engulfed the deli counter and caused portions of the cashier counter to go up in flames, forcing two employees to jump through the flames to get to safety. One of the victim’s foot and arm caught fire.

Shortly thereafter, the defendant allegedly attempted to throw a second Molotov cocktail into the store, but a passerby knocked it out of his hand. The defendant immediately fled the location, heading for the Nostrand Avenue A/C subway station. The workers chased the defendant into the subway and one of them was allegedly stabbed in the hand by the defendant. The worker found a police officer and pointed out the defendant on the subway platform, and he was arrested.

The case is being prosecuted by Senior Assistant District Attorney Edward Kerins 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.

Three Brooklyn Shopkeepers Indicted for Bribery Scheme to Receive Advance Notice of Health Department Inspections of Eateries

FOR IMMEDIATE RELEASE
Monday, December 13, 2021

 

Three Brooklyn Shopkeepers Indicted for Bribery Scheme to Receive Advance Notice of Health Department Inspections of Eateries

Defendants Allegedly Offered Bribe to Health Department Official, Who Reported Incident to the
New York City Department of Investigation, Which Conducted Undercover Probe

Brooklyn District Attorney Eric Gonzalez, together with Acting New York City Department of Investigation Commissioner Daniel G. Cort, today announced that three men who own food businesses in Mill Basin, Brooklyn have been arraigned on an indictment in which they are charged with bribery for allegedly offering winnings from a valuable Super Bowl box to a New York City Department of Health official in exchange for a warning about impending inspections.

District Attorney Gonzalez said, “It is alleged that these defendants attempted to corrupt and circumvent Health Department protocols that are in place for a reason: to ensure sanitary conditions and protect the public. I commend the City employee who, when allegedly offered a bribe, reported it to DOI. We will now seek to hold the defendants accountable.”

Acting Commissioner Cort said, “Restaurant inspections are meant to be rigorous and conducted without warning to ensure establishments are following the City’s health and safety protocols. These defendants allegedly used corruption and cash to try and game the system, but instead were undone by a City Health employee who stood up for integrity and notified the Department of Investigation, according to the charges. I applaud the City employee who knew to do the right thing and, in so doing, protected the safety of the New Yorkers who frequent these establishments. And I thank the Brooklyn District Attorney’s Office for their dedicated partnership on this investigation.”

The District Attorney identified the defendants as John DiSanto, 50, of Bergen Beach, Brooklyn; his brother, Jack DiSanto, 47, of Bergen Beach, Brooklyn, and Robert Cuba, 55, of Staten Island. They were arraigned today before Brooklyn Supreme Court Justice Sharen Hudson on an indictment in which they are each charged with one count of second- and third-degree bribery. Their businesses, Gourmet Grill, Inc., Frozen Planet Yogurt, LLC, and Mill Basin Bagel Café, Inc., were also arraigned on the same charges. The defendants were released without bail and ordered to return to court on January 19, 2022.

The District Attorney said that, in approximately January 2020, John DiSanto allegedly communicated with a Department of Health (DOH) employee by text, seeking advance notice of inspections in exchange for a Super Bowl box. The employee reported the alleged bribe attempt to DOI, who used an undercover investigator to communicate with the defendant. The defendant subsequently communicated with the undercover, whom he allegedly believed to be a DOH employee who could give him advance notice of inspections to be performed at his restaurant, Gourmet Grill, located at 6334 Avenue N in Brooklyn.

DiSanto allegedly promised the undercover two lucrative boxes in an annual Super Bowl pool, explaining that he would cover the cost of the $1,000 boxes which could ultimately lead to a $50,000 payoff. In exchange, the undercover agreed to give DiSanto advance notice of the annual DOH inspections at Gourmet Grill, as well as Frozen Yogurt Planet, located at 6340 Avenue N (and owned by DiSanto’s brother and co-defendant, Jack DiSanto) and Mill Basin Bagel Café, located at 6319 Avenue N (and owned by DiSanto’s cousin and co-defendant, Robert Cuba).

The following transcript of an alleged conversation in January 2020 between the undercover and DiSanto laid out the arrangement:

JD: You’ll have your sets of numbers and if you hit, you come see me and you come collect. And if you don’t hit, you’re in it next year.

UC: Yeah

JD: But you just have to give me your word that you’re going to help me.

UC: Ok, so just – you want me to look after the bagel.

JD: My three stores. My family stores.

UC: Bagel, Frozen –

JD: And Gourmet Grill.

UC: And Gourmet Grill. And then just, you’ll give me the two boxes and then –

JD: They’re yours forever.

UC: And I’ll look through the system?

JD: All you have to do is tell me, John, ah, we have a … [A former DOH employee] described the person that would come –

UC: Ok.

In a later conversation, the defendant allegedly said that he and his co-defendants need advance notice of one week for any upcoming inspections “because we do get nervous, I’m going to admit it. We wanna get it over with because it’s kind of a little taxing for us. So, if they don’t come, then we get mad because we prepare and then we have to reprepare, and so you just gotta give me the heads up.” After a few more exchanges, the undercover replies: “I can – I could do that.”

DiSanto allegedly added: “Ok. And [UC], I want you to become friends with me. I want you to meet my brother, and I want you to come meet, and I want you to – I want you to win. Because I want you to be comfortable, I want you to be like, I’m excited to help these people. That’s what I want.”

In February 2020, it is alleged, the undercover met up with DiSanto to collect $16,000 cash in winnings from the Super Bowl boxes. The undercover and DiSanto allegedly met again, in February 2021, after the Super Bowl, and DiSanto allegedly gave the undercover $4,000 to continue the arrangement.

The case was investigated by DOI’s Office of the Inspector General for the Department of Health and Mental Hygiene, specifically Assistant Inspector General Laura Martich and Deputy Inspector General Michael Morris, under the supervision of First Deputy Inspector General Mary Kozlow, Inspector General Clinton Daggan, Deputy Commissioner/Chief of Investigations Dominick Zarrella and Acting First Deputy Commissioner Philip Hung.

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

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

Sheepshead Bay Man Pleads Guilty to Fatally Shooting Estranged Wife

FOR IMMEDIATE RELEASE
Monday, November 29, 2021

 

Sheepshead Bay Man Pleads Guilty to Fatally Shooting Estranged Wife

Admits to Assaulting Victim’s Cousin, Who Tried to Protect Her
To Be Sentenced to 20 Years to Life in Prison

Brooklyn District Attorney Eric Gonzalez today announced that a man from Sheepshead Bay, Brooklyn has pleaded guilty to an indictment in which he is charged with the murder of his 30-year-old wife, who he physically assaulted and then shot in the head after tracking her down at a family reunion in Sea Gate, Brooklyn. He fled the scene and was apprehended in Delaware a week later.

District Attorney Gonzalez said, “This is a tragic case of domestic violence in which the mother of two young children was senselessly killed. The defendant has now accepted responsibility for his actions and will spend many years in prison as a result. My condolences go out to the family of Iveliss Alvarado, especially her children, for their tremendous loss.”

The District Attorney identified the defendant as Gabino Genao, 34, of Sheepshead Bay, Brooklyn. He pleaded guilty today before Brooklyn Supreme Court Justice Donald Leo to second-degree murder, second-degree criminal possession of a weapon, first-degree reckless endangerment and third-degree assault. He is expected to be sentenced to 20 years to life in prison on February 15, 2022.

The District Attorney said that, according to the investigation, on May 26, 2017 at about 11:15 p.m., in front of 2714 West 36th Street in Sea Gate, Brooklyn, the defendant shot his estranged wife, Iveliss Alvarado, multiple times in the head. The couple was not living together at the time and the victim was celebrating at a family reunion before she was fatally shot.

A cousin of the victim witnessed the defendant punching Ms. Alvarado and intervened to try to protect her. The cousin suffered bruises when the defendant punched her as well. The defendant then opened fire. After the shooting, the defendant was heard saying, “I killed her,” according to the investigation. He was apprehended in Delaware on June 2, 2017 and extradited to Brooklyn.

The case was investigated by New York City Police Department Detective Michael Damico of the 60th Precinct Detective Squad.

The District Attorney thanked Senior Intelligence Analyst Eungee Hwang, of the Crime Strategies Unit, for her work on the case. Senior Intelligence Analyst Daniel Figlin of CSU, Homicide Paralegal Meghan Brancato, and Senior Assistant District Attorney Denise Pavlides assisted in the case.

The case was prosecuted by Senior Assistant District Attorney Andy Palacio, of the District Attorney’s Homicide Bureau, under the supervision of Assistant District Attorney Timothy Gough, Bureau Chief.

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

Fugitive Arraigned for Cold Case 1996 Murder After Extradition from the Dominican Republic

FOR IMMEDIATE RELEASE
Friday, November 19, 2021

 

Fugitive Arraigned for Cold Case 1996 Murder After
Extradition from the Dominican Republic

Allegedly Stabbed Victim on Bushwick Street After Argument Over a Woman and Subsequently Fled the Country

Brooklyn District Attorney Eric Gonzalez, together with New York City Police Department Commissioner Dermot Shea, today announced that a 51-year-old man has been arraigned on a murder charge in connection with a 1996 fatal stabbing of a romantic rival in Bushwick. The defendant was extradited from his native Dominican Republic after being indicted in Brooklyn following a cold case investigation.

District Attorney Gonzalez said, “The charges in this case show that in Brooklyn, justice will not be denied, even when it is delayed. It took more than two decades to determine the whereabouts of this defendant, but once he was found, my office moved swiftly to charge him and bring him back to Brooklyn. I would like to thank the NYPD for never giving up on this investigation as well as the U.S. State and Justice Departments for assisting in the international extradition process.”

Commissioner Shea said, “This case – decades old and enhanced by a tip from the public – highlights the NYPD’s core value to never forget and never give up on crime victims and those in need. Working together, our NYPD detectives, law enforcement partners at home and abroad, and prosecutors of the Brooklyn District Attorney’s Office, never wavered in their commitment to establish justice in this Cold Case, just as they do every day across every square mile of our great city.”

The District Attorney identified the defendant as Bienvenido Rodriguez, 51. He was arraigned today before Brooklyn Supreme Court Justice Vincent Del Giudice on an indictment in which he is charged with second-degree murder. The defendant was ordered held without bail and to return to court on December 17, 2021. He faces a maximum sentence of 25 years to life in prison if convicted.

The District Attorney said that, according to the investigation, on July 17, 1996, at approximately 10:45 p.m., near 1438 Dekalb Avenue in Bushwick, Brooklyn, the defendant was confronted by Giovanni Malpica, 21, who accused the defendant of romantically seeing his girlfriend. Malpica then struck Rodriguez in the head with a boombox.

According to the investigation, Rodriguez then allegedly stabbed Malpica numerous times with a knife, killing him. Later that night, the defendant allegedly went to a hospital to treat a laceration to his head and falsely reported that he sustained a cut when falling from a bicycle. He subsequently fled the country.

The break in the case came in 2018 after the TV network Univision aired a piece about the homicide and asked for information about the suspect’s whereabouts. A tip came in, reporting that he resided in Chile. In November 2018, an NYPD detective and a Brooklyn prosecutor obtained a statement from the defendant in Chile in which he denied knowing both Malpica and their mutual love interest.

In September 2019, the defendant was deported from Chile to the Dominican Republic. He was arrested there last month in connection with the extradition request from Brooklyn and arrived in the United States yesterday.

The case was investigated by retired Detectives Jason Palamara and Evelin Gutierrez, of the NYPD Cold Case Squad as well as Detective Carlos Vasquez of the NYPD Cold Case Squad.

The case is being prosecuted by Senior Assistant District Attorney Andy Palacio, of the District Attorney’s Homicide Bureau, under the supervision of Assistant District Attorneys Timothy Gough, Homicide Bureau Chief, and Rachel Singer, Chief of the Cold Case and Forensic Science Unit.

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

Woman Arraigned on Indictment for Shooting Death of Another Woman in Crown Heights

FOR IMMEDIATE RELEASE
Friday, November 19, 2021

 

Woman Arraigned on Indictment for Shooting Death of
Another Woman in Crown Heights

Defendant Allegedly Shot Victim in Head, Then Fled the Scene; Extradited from Florida

Brooklyn District Attorney Eric Gonzalez today announced that a woman has been arraigned on an indictment in which she is charged with second-degree murder for fatally shooting Delia Johnson in the head at point blank range last August, killing her.

District Attorney Gonzalez said, “This was a cold-blooded execution of a woman who was a beloved mother, daughter, sister and friend, who did not deserve to have her life taken away from her. The defendant has now been apprehended and we will seek to bring her to justice for this senseless and tragic killing.”

The District Attorney identified the defendant as Claudia Banton, 42, of Allenwood, Georgia. She was arraigned today before Brooklyn Supreme Court Justice Vincent Del Giudice on an indictment in which she is charged with second-degree murder and second-degree criminal possession of a weapon. The defendant was ordered held without bail and to return to court on January 26, 2022. She faces up to 25 years to life in prison if convicted of the top count.

The District Attorney said that, according to the investigation, on August 4, 2021, at approximately 9:40 p.m., the defendant allegedly approached Delia Johnson, 42, from behind as she chatted with a group of people in the vicinity of Franklin Avenue and Prospect Place in Crown Heights. The defendant allegedly shot Johnson in the head, and then shot her again as she fell to the ground. The defendant then allegedly fled in a vehicle that was double parked nearby.

The defendant was apprehended in Jacksonville, Florida, on November 8, 2021 by United States Marshals. She was returned to New York yesterday.

The case is being prosecuted by Senior Assistant District Attorney Lauren Silver, of the District Attorney’s Homicide Bureau, under the supervision of Assistant District Attorney Timothy Gough, Bureau Chief.

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

Flatlands Man Indicted for Murder and Attempted Murder for Shooting Two Men, One Fatally, During Argument at Brooklyn Barbeque

FOR IMMEDIATE RELEASE
Monday, November 8, 2021

 

Flatlands Man Indicted for Murder and Attempted Murder for Shooting
Two Men, One Fatally, During Argument at Brooklyn Barbeque

Defendant Fled the Scene, Was Arrested Months Later

Brooklyn District Attorney Eric Gonzalez today announced that a Flatlands man has been arraigned on an indictment in which he is charged with murder, attempted murder, assault and other charges for the shooting death of one man and injuring another man during a backyard barbecue in East Flatbush last May.

District Attorney Gonzalez said, “It is alleged that a verbal dispute tragically escalated and caused this defendant to inexplicably pull out a handgun at a large gathering and shoot two people, one fatally, while endangering many others. We will now seek to bring him to justice for these alleged actions.”

The District Attorney identified the defendant as Kevin Phillips, 40, of Flatlands, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Vincent Del Guidice on an indictment in which he is charged with second-degree murder, second-degree attempted murder, second-degree assault, first-degree attempted assault, first-degree reckless endangerment and second-degree criminal possession of a weapon. The defendant was ordered held without bail and to return to court on February 8, 2022.

The District Attorney said that, according to the investigation, on May 17, 2021, at approximately 12:21 a.m., the defendant was at a barbecue in the rear yard of a house in East Flatbush when he bumped into a 31-year-old man. An argument between them and a third man, Miles Bobb-Semple, also 31, began and the defendant allegedly pulled out a gun and shot the two men.

Bobb-Semple suffered a gunshot wound to the chest and died at Kings County Hospital. The other victim sustained three gunshot wounds – one to each leg and a graze wound to the shoulder and was hospitalized.

The defendant fled the scene and was apprehended on October 4, 2021 in East Flatbush by a New York City Police Detective assigned to the Fugitive Apprehension Task Force.

The case is being prosecuted by Senior Assistant District Attorney Daniel M. Murphy of the District Attorney’s Homicide Bureau, under the supervision of Assistant District Attorney Timothy Gough, Homicide Bureau Chief.

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Study by the CUNY Institute for State & Local Governance Analyzes Racial and Ethnic Disparities in Brooklyn DA Office’s Prosecutorial Processes

FOR IMMEDIATE RELEASE
Thursday, October 28, 2021

 

Study by the CUNY Institute for State & Local Governance Analyzes Racial and Ethnic Disparities in Brooklyn DA Office’s Prosecutorial Processes

Attorney’s Office found fewer than expected racial disparities in outcomes; study looked at over three years of data to assess and improve ongoing reforms to ensure equal justice for all

Today, the CUNY Institute for State & Local Governance (ISLG) released the findings of a multi-year study analyzing racial and ethnic disparities in outcomes at key points in the Brooklyn District Attorney’s (DA’s) Office’s decision-making process. Conducted as part of the DA Eric Gonzalez’s Justice 2020 initiative with joint support from Arnold Ventures and the William T. Grant Foundation, the research presented in Justice in Decision-Making: Studying Racial & Ethnic Disparities in the Brooklyn District Attorney’s Office found that while disparities existed at specific decision points and for certain crimes, outcomes were not universally worse for Black and Hispanic people, and better for white and Asian people, across all stages. These findings will be used to inform the creation and refining of data-driven, equity-focused prosecutorial processes and increase transparency at the office.

The findings—derived from data collected between 2016 and mid-2019—paint a nuanced and complex picture that assesses not only current policies and practices shaped by ongoing reforms within the office but also now-defunct practices that have since been phased out; system stakeholders outside the prosecutor’s authority; and broader root causes of racial inequity in America. After analyzing outcomes at every step from case acceptance to sentencing, ISLG found that while Black and Hispanic people were more likely to exit the system at various points than white people, those who stayed in the system had worse outcomes in various circumstances. Disparities were not pervasive across points, which may be attributed, at least in certain respects, to ongoing reform strategies advanced by the DA over the past several years. Evidence suggested that policy changes enacted by the DA may have lessened disparities in certain outcomes over time, providing useful information on what may and may not be working.

Looking specifically at each decision point, ISLG identified the following key findings after other demographic characteristics, criminal history, and case characteristics were accounted for:

  • Prosecutors were more likely to decline to prosecute cases involving Black and Hispanic people accused of crimes, though by very small margins. However, up until 2019, Black and Hispanic people were more likely than white people to have their cases accepted for prosecution for misdemeanor drug offenses, and especially for misdemeanor marijuana possession. Prosecutors were also more likely to dismiss cases with Black and Hispanic defendants at or following arraignment, and these differences were somewhat larger and more meaningful than those found at case acceptance.
  • Black and Hispanic people were less likely to have their top charge reduced and were more likely to experience detention post-arraignment—largely due to failure to make bail compared to white people.
  • When convicted, Black and Hispanic people were less likely to negotiate a plea to a lesser charge and, at least for misdemeanors, were slightly more likely to receive jail or prison sentences compared to white people. They were also more likely to receive custodial sentences for felony drug offenses.

The research presented in Justice in Decision-Making is a crucial first step towards developing a more holistic understanding of where racial and ethnic disparities exist in the Brooklyn DA’s processes, learning the factors and circumstances that appear to drive them, and outlining further areas of work to address them. The DA’s partnership with ISLG and broader commitment to transparency is a critical ingredient towards sustaining current efforts working to eliminate disparities and, ultimately, creating a more equitable criminal legal system. Using the findings from this analysis, the DA’s office will work to implement recommendations derived from ISLG’s work across three main areas related to Justice 2020s goals: continued monitoring and evaluation; additional decision-point and/or charge-specific policy and practice considerations; and expanded community and collaboration with other criminal legal system actors.

Brooklyn District Attorney Eric Gonzalez said, “Transparency and accountability are bedrock principals of my Office and integral part of my Justice 2020 action plan. The comprehensive data analysis performed by ISLG is particularly instructive as we continuously strive to lessen racial inequities in the justice system because it points to areas of successful reforms and provides a roadmap to aspects that require additional efforts. I am grateful to Michael Jacobson and his team for their diligent work on this study, and remain committed to keep pushing for a fairer justice system that keeps our community safe while strengthening community trust. I hope that other prosecutorial agencies spend resources on learning about the outcomes of their decision-making processes and on how they can improve them.”

“We were very pleased to partner with the DA and his office on this important initiative,” said Michael Jacobson, Executive Director of the CUNY Institute for State & Local Governance. “Our report shows that over the past several years, the DA’s office has been able to offset some of the disparities affecting Black and Hispanic communities in Brooklyn. Given the important role that prosecutors play in the criminal legal system, there is great potential to build on these efforts to advance equal justice more broadly. By investing in data and analytics, and through his willingness to open his office up to this in-depth and objective analysis, DA Gonzalez is taking an important step towards transparency and accountability that can serve as a model for other offices across the nation.” “I commend DA Gonzalez and his staff for their willingness to open their data systems to scrutiny,” commented Adam Gamoran, President of the William T. Grant Foundation. “We know that at a national level our justice system often falls short of equal justice, and too many prosecutors hide behind impenetrable data to obscure unequal outcomes. The partnership between DA Gonzalez and ISLG is just the sort of bold initiative we need to pinpoint the problems at the local level, and to see whether progressive reforms will actually make a difference for reducing inequities while preserving public safety.”

“Prosecutors are one of the most powerful actors in the criminal justice system, and it is critical that their vast discretion be informed by data and evidence in order to ensure that their decision-making truly promotes justice and community safety,” said Jeremy Travis, Arnold Ventures Executive Vice President of Criminal Justice. “For too long, prosecutors have processed people through the criminal justice system without considering the consequences of their decisions, especially possible racial disparities in the exercise of prosecutorial discretion. This report helps to build the much-needed evidence base that can support a new model of evidence-based prosecution — one focused on best practices, transparency, and accountability.” The research aims to directly inform the DA’s office’s efforts to ensure safety and fairness in its own decision-making practices; however, it also has great national relevance during a time of increasing calls for action to eliminate racial inequities in the criminal legal system. As the gatekeepers to this system, prosecutors wield significant power and discretion across all stages. While strategies to eliminate disparities more broadly are often beyond the sole discretion of prosecutors, drawing on the influence they do have—particularly as it relates to racial and ethnic biases within their own processes and structures—can lead to positive change. Prosecutorial efforts may also fuel collaborations with other system actors to further reduce racial and ethnic disparities in criminal legal system outcomes.

Justice 2020 was launched as DA Gonzalez’s plan of action aimed at keeping Brooklyn safe and strengthening community trust by ensuring fairness and equal justice for all. It is made up of 17 specific recommendations that are being implemented to radically transform his Office into a model of a progressive prosecutorial agency in the 21st Century.

To read more information about the Justice 2020 Initiative, see here. For more in ISLG’s involvement with it, see here.

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About the CUNY Institute for State and Local Governance

The CUNY Institute for State and Local Governance (ISLG) is a good governance think-and-do tank. ISLG is driven by the idea that data-informed approaches can measurably improve the way government and public institutions operate, equitably serve all constituents, and ultimately solve social policy problems. It also provides the knowledge and action needed to fuel those approaches. With the necessary research, policies, partnerships, and infrastructures, ISLG helps government and public institutions work more effectively, efficiently, and in the interest of all communities.

About Arnold Ventures

Arnold Ventures is a philanthropy dedicated to tackling some of the most pressing problems in the United States. Driven by a mission to maximize opportunity and minimize injustice, it invests in sustainable change, building it from the ground up based on research, deep thinking, and a strong foundation of evidence. Arnold Ventures is headquartered in Houston, with offices in Washington, D.C., and New York City.

About the William T. Grant Foundation

The William T. Grant Foundation invests in high-quality research focused on reducing inequality in youth outcomes and improving the use of research evidence in decisions that affect young people in the United States. Although there is mounting research evidence about the scope, causes, and consequences of inequality in the United States, we need stronger bodies of knowledge on ways to reduce it. To address this complex challenge, the foundation supports research from a range of disciplines and methodologies, and encourages investigations into various systems, including justice, housing, child welfare, mental health, and education.

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