Year: 2021

FOR IMMEDIATE RELEASE
Wednesday, September 22, 2021

 

Brooklyn Man Indicted for Murder of Four-Year-Old Boy

Cause of Death was Battered Child Syndrome, Blunt Force Injury to Torso

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been arraigned on an indictment in which he is charged with murder, manslaughter and endangering the welfare of a child for allegedly causing the death of his girlfriend’s four-year-old son, Jayce Eubanks. An autopsy determined that the child had numerous old and new injuries about his body and suffered from battered child syndrome.

District Attorney Gonzalez said, “The autopsy of this helpless child revealed that he suffered unthinkable abuse in his short life and ultimately died, allegedly at the hands of this defendant, who we will now seek to hold accountable. I am committed to doing everything possible to protect children in our communities and to bring cowardly child abusers to justice.”

The District Attorney identified the defendant as Jerimiah Johnson, 27, of East New York, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Donald Leo on an indictment in which he is charged with two counts of second-degree murder, one count of first-degree manslaughter and one count of endangering the welfare of a child. He was ordered held without bail and to return to court on November 18, 2021. The defendant 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 September 12, 2021, at approximately 5:30 a.m., inside the child’s home, located on Baltic Street in the Gowanus Houses, in Brooklyn, his mother, Rickia Delvalle, was awakened by the defendant, who was holding Jayce in his arms and who stated that the child was not breathing. The mother observed that the child was foaming at the mouth and his stomach was hard and swollen.

Jayce was taken to Brooklyn Hospital Center, where he was pronounced dead at approximately 6:54 a.m.

An autopsy performed by the Office of the Chief Medical Examiner determined that Jayce had several old and new injuries, including multiple bruises and abrasions to his body, limbs, back, chest and abdomen; a healing skull fracture, bite marks on both ears, multiple healing and recent rib fractures on both sides of the chest, trauma to the stomach causing it to perforate, causing bleeding into the gastrointestinal tract and abdominal cavity, and that the cause of death was battered child syndrome with recent blunt force injuries of the torso.

The case is being prosecuted by First Deputy Bureau Chief Frank DeGaetano and Assistant District Attorney Christopher Mirabella, of the District Attorney’s Special Victims Bureau, under the overall supervision of Assistant District Attorney Miss Gregory, Bureau Chief.

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

 

FOR IMMEDIATE RELEASE
Monday, September 20, 2021

 

Nine Contractors Indicted for Allegedly Bribing Superintendents at New York City Housing Authority Developments for “Micro Purchase” Contracts

New York City Department of Investigation began Undercover Probe after NYCHA Employees Reported Allegedly Being Offered Bribes and Unlawful Gratuities

Brooklyn District Attorney Eric Gonzalez, together with New York City Department of Investigation Commissioner Margaret Garnett, today announced that nine contractors have been variously charged in multiple indictments with bribery, giving unlawful gratuities, offering a false instrument for filing and conspiracy for allegedly offering NYCHA employees bribes in exchange for “micro purchase” contracts.

District Attorney Gonzalez said, “These defendants allegedly tried to seek favors from NYCHA superintendents by offering them bribes, corrupting a process meant to ensure contracts are fairly awarded. I commend the employees who came forward to report the bribe offers, kicking off this investigation. My Office will continue to work closely with DOI to make sure that bribery schemes and other forms of corruption are investigated and prosecuted.”

Commissioner Garnett said, “Bribery is one of the oldest and most blatant forms of public corruption. But, as this investigation shows, corruption cannot take root when honest employees step forward and report it. DOI commends the NYCHA employees who embraced the affirmative obligation that all employees of the City of New York have to report wrongdoing to DOI. Their willingness to report helped reveal these vendors’ charged conduct, which placed taxpayer-funded business up for sale to the highest dishonest bidder. This investigation is a prime example of why combatting corruption is so important – it supports equity in this City and defends government’s ability to do its job honestly and place the public interest above personal advantage. DOI thanks the Brooklyn District Attorney’s Office for their partnership on this important investigation and also thanks NYCHA for its cooperation.”

The District Attorney identified the defendants as Lakhwinder Kumar, 47, and Kumar Construction Corp., of South Ozone Park, Queens; Charanjit Singh, 58, Satbir Singh, 71, and Fine Touch Construction, of Floral Park, Queens; Davinder Singh, 45, Nishan Singh, 56, Yuvi Development Inc., and NB Builders, of Hicksville, New York; Surinder Singh, 59, Guriqbal Singh, 28, A. Peter Luger Construction, PKG Contracting Corp. and Heera and G. Builders, of South Richmond Hill, Queens; Jaswant Banga Singh, 57, and Khushi Construction Inc., of New Hyde Park; and Bakhshish Chand, 68, and Amar Contracting, of Richmond Hill, Queens. The defendants are variously charged in multiple indictments with third-degree bribery, first-degree offering a false instrument for filing, giving unlawful gratuities and fifth-degree conspiracy. They are being arraigned today before Brooklyn Supreme Court Justice Danny Chun and released without bail.

For larger construction projects and repairs to be performed by an outside vendor, NYCHA generally solicits multiple bids before awarding a contract. For smaller repairs involving contracts up to $10,000, NYCHA implemented the micro purchase process which does not require multiple bids. Instead, the superintendent or assistant superintendent of a housing development has the discretion to choose a vendor and request an estimate.

The District Attorney said that, according to the investigation, in November 2018 defendant Lakhwinder Kumar allegedly told an assistant superintendent at a NYCHA development in Brooklyn that he appreciated the jobs he received and offered him money. That employee reported the bribe offer to DOI, which then equipped him with audio and video recording devices. A month later the defendant was recorded allegedly handing that assistant superintendent $450 in exchange for a micro purchase job at the development.

The following year, in July 2019, in an unrelated incident, defendant Surinder Singh, allegedly handed $600 cash to the superintendent of another NYCHA development in Brooklyn. The employee tried to return the money, but Singh allegedly refused to take it. The superintendent then reported the matter to DOI. A few weeks later, he allegedly left cash in the employee’s office who again reported it to DOI, which then equipped the employee with audio and video recording devices.

Starting in Spring 2019, DOI placed undercover investigators posing as assistant superintendents at the Red Hook Houses West and Lafayette Gardens in Clinton Hill. Over a period of many months, the undercover at Red Hook allegedly recorded a number of contractors including Charanjit Singh and Satbir Singh, who are partners; Davinder Singh and Nishan Singh, who are brothers; and another contractor, Guriqbal Singh, discussing jobs at the development on numerous occasions and handing the undercover amounts of cash ranging from $500 to $1,000 in exchange for micro purchase jobs.

The undercover at Lafayette Gardens allegedly recorded Kumar, Charanjit Singh and another contractor also allegedly giving cash bribes to the undercover.

As the investigation continued, it expanded to capture recordings of Surinder Singh allegedly paying additional bribes to a NYCHA employee at a NYCHA development in Brooklyn and Jaswant Banga Singh and Bakhshish Chand allegedly giving cash bribes to an employee at a NYCHA development in Queens.

It is alleged that between December 2018 and May 2021 the defendants paid bribes or unlawful gratuities to NYCHA employees or undercover investigators totaling about $20,000 in cash, in addition to two $500 gift cards and four bottles of Johnnie Walker scotch with a total approximate value of $115 in exchange for various jobs such as tile work, installation of tub enclosures, installation of a chain link fence, and repairing windows.

The case was investigated by DOI Confidential Investigator Delcine Doscher, Chief Investigators Enio Bencosme and Louis Vega, and Assistant Inspector General Robin Jacknow, under the supervision of Deputy Inspector General Gregory DeBoer, Inspector General Ralph Iannuzzi, Deputy Commissioner/Chief of Investigations Dominick Zarrella and First Deputy Commissioner Daniel Cort.

The case is being prosecuted by Assistant District Attorney Adam Libove, Deputy Chief of the District Attorney’s Public Integrity Bureau, and Senior Assistant District Attorney Sara Walshe, also 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.

 

[Note: copies of the indictment and of materials shown during the press conference can be viewed here]

 

FOR IMMEDIATE RELEASE
Friday, September 17, 2021

 

Bronx Man Indicted for Rape of Stranger on A Train

Defendant Allegedly Approached Woman on Platform at Liberty Avenue,
Then Boarded Subway and Sexually Assaulted Her Multiple Times

Brooklyn District Attorney Eric Gonzalez today announced that a Bronx man has been indicted for allegedly attacking a woman in the early morning hours of August 11, 2021 on board a northbound A train.

District Attorney Gonzalez said, “Keeping our communities safe from violent sexual predators is a top priority. This defendant is charged with a frightening and life-altering attack of an innocent young woman who was riding the subway and we will now seek to hold him accountable for his heinous actions.”

The District Attorney identified the defendant as Dashawn Lewis, 30, of the Bronx. He was arraigned today before Brooklyn Supreme Court Justice Jill Konviser on a 20-count indictment in which he is charged with first-degree rape, first-degree criminal sexual act, first-degree sexual abuse, third-degree robbery, forcible touching and related charges. He was ordered held on $500,000 bail and to return to court on September 21, 2021. He faces up to 25 years in prison if convicted of the top count.

The District Attorney said that, according to the investigation, on August 11, 2021, at approximately 3:15 a.m., the victim, a 24-year-old woman, was seated on a bench at the Liberty Avenue subway station in East New York where the alleged sexual assault started.

The defendant allegedly followed her onto the train, sexually assaulted her and raped her.

The defendant then allegedly threatened her and directed her not to report the assault. Police were called and the victim was taken to a hospital, where a sexual assault kit was prepared.

The defendant was arrested for farebeating at approximately 5:45 a.m., at a nearby train station, by New York City Police Officers who recognized him as fitting the description of the suspect in the rape and sexual assault, and he was subsequently charged with the rape and sexual assault.

The case is being prosecuted by Senior Assistant District Attorney Laura Dilimetin of the District Attorney’s Special Victims Bureau, under the overall supervision of Assistant District Attorney Miss Gregory, Bureau Chief.

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

 

FOR IMMEDIATE RELEASE
Monday, September 13, 2021

 

Coney Island Man Sentenced to 10 Years in Prison Following
Guilty Plea to Sex Trafficking of a Child

Defendant Raped and Trafficked 16-Year-Old Girl

Brooklyn District Attorney Eric Gonzalez today announced that a Coney Island man has been sentenced to 10 years in prison for the trafficking of a child, who was the friend of his relative, a 17-year-old girl.

District Attorney Gonzalez said, “Thankfully, two teenagers are now safe from this defendant, who betrayed the trust of a relative and trafficked her vulnerable young friend. With today’s sentence he has been held to account for his crimes. I remain committed to bringing sexual predators such as this to justice and protecting victims of sexual assault and trafficking.”

The District Attorney identified the defendant as Bruce Vanderveer, 46, of Coney Island, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Danny Chun to 10 years in prison following his May 26, 2021 guilty plea to one count of sex trafficking of a child. The defendant was also sentenced to 10 years’ post-release supervision and must register as a sex offender upon his release from prison.

The District Attorney said that, according to the investigation, on July 18, 2019, the defendant raped a 17-year-old relative inside of his apartment on West 24th Street in Coney Island. Afterward, the girl locked herself in the bathroom and called her aunt, who called 911. Police responded and found the teen crying outside of the apartment building and the defendant was arrested.

Subsequently, an investigation by the New York City Police Department determined that between June 9, 2019 and July 18, 2019, the relative’s 16-year-old friend also stayed at the defendant’s apartment. On numerous occasions, the defendant sexually assaulted and raped the 16-year-old while she was asleep.

Furthermore, according to the investigation, the defendant had the younger girl engage in sexual acts for money with other adult men, both inside of his apartment and elsewhere. She was forced to give over all the proceeds from the sexual encounters to the defendant.

The case was prosecuted by Senior Assistant District Attorney Jacques Roussel, of the District Attorney’s Human Trafficking Unit, under the supervision of Assistant District Attorney Sabeeha Madni, Deputy Unit Chief, and the overall supervision of Assistant District Attorney Miss Gregory, Chief of the District Attorney’s Special Victims Bureau.

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FOR IMMEDIATE RELEASE
Thursday, September 9, 2021

 

Queens Man Indicted for Vicious Assault of
68-Year-Old Man in Brooklyn Street

Robbed Defenseless Victim of Cell Phone; Attack Caught on Surveillance Video

Brooklyn District Attorney Eric Gonzalez today announced that a 21-year-old man from Queens has been indicted of assault and robbery for a vicious daytime attack of a 68-year-old man in East New York, Brooklyn. The brutal beating was caught on surveillance video, leading to the apprehension of the defendant.

District Attorney Gonzalez said, “This defendant allegedly unleashed an unprovoked and violent assault on an elderly man and continued to beat and rob him as he laid unconscious. Such abhorrent and cruel behavior shocks the conscience, and we will now work to make sure that the defendant pays a steep price for his criminal actions.”

The District Attorney identified the defendant as Zamori Simmons, 21, of Jamaica, Queens. He was arraigned today before Brooklyn Supreme Court Justice Matthew Sciarrino on an indictment in which he is charged with second- and third-degree assault, second- and third-degree robbery and other related charges. He was ordered held on $20,000 bond or $10,000 cash bail and to return to court on October 14, 2021. The defendant faces up to seven years in prison if convicted of the top count.

The District Attorney said that, according to the investigation, on July 24, 2021 at about 9:05 a.m., near the corner of Pitkin Avenue and Barbey Street in East New York, the defendant was accosting a woman who asked a 68-year-old-man for help. The defendant then repeatedly punched that man until he fell to the ground, the evidence shows.

As the victim laid defenseless on the ground, the defendant allegedly stomped on his head, ripped a necklace off his neck and stole his cell phone, according to the indictment. He then fled on a Citi Bike. The victim lost consciousness and was treated in Brookdale Hospital for a broken wrist, multiple orbital fractures and other injuries.

Video surveillance of the attack was disseminated to the media and an anonymous tipster identified the defendant, who surrendered on August 5, 2021 and was placed under arrest.

The case is being prosecuted by Assistant District Attorney Jennifer Da Rin of the District Attorney’s Red Zone Trial Bureau, under the supervision of Assistant District Attorney Karla Watson, Bureau Chief.

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

 

FOR IMMEDIATE RELEASE
Monday, August 30, 2021

 

Serial Burglar Sentenced to up to 12 Years in Prison for
Three Break-ins of Brooklyn Apartments

Stole Jewelry, Electronics and Other Items When Owners Weren’t Home

Brooklyn District Attorney Eric Gonzalez today announced that a Staten Island man has been sentenced to six to 12 years in prison for a string of residential burglaries of empty Brooklyn apartments.

District Attorney Gonzalez said, “This defendant is a serial burglar who has shown that he will continue to invade the sanctity of people’s homes if he remains at large, necessitating this prison sentence. My Office is committed to protecting the safety and property of everyone living in Brooklyn and will continue to prosecute those who victimize our neighbors.”

The District Attorney identified the defendant as Casey Knight, 53, of Staten Island. He was sentenced today by Brooklyn Supreme Court Justice John Hecht to three consecutive prison terms of two to four years, for a total of six to 12 years, following his guilty plea earlier this month to three counts of third-degree burglary.

The District Attorney said that, according to the investigation, on October 24, 2018 at approximately 10:10 p.m., a man returned to his Sudyam Street home in Bushwick and heard noises from the basement. He then saw the suspect run out through a cellar door. Two laptops were missing, and video surveillance captured the defendant entering the residence through the cellar door.

On October 26, 2018, at about 5:47 p.m., according to the evidence, a woman was alerted that the alarm at her Lafayette Avenue home in Bedford-Stuyvesant has been activated. About $13,000 worth of jewelry was missing from her roommate’s bedroom and video surveillance captured the defendant break a windowpane of a door and enter the apartment.

Finally, a man who left for vacation on October 31, 2018 returned to his Clifton Place apartment in Clinton Hill on November 4, 2018 to find various electronics, a bicycle and a guitar missing. Fingerprints lifted from the living room matched the defendant.

The case was prosecuted by Assistant District Attorney Jonathan Hutchinson, of the District Attorney’s Grey Zone Trial Bureau, under the supervision of Assistant District Attorney Robert Walsh, Bureau Chief.

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FOR IMMEDIATE RELEASE
Wednesday, August 18, 2021

 

Brooklyn Man Sentenced to 10 Years in Prison Following Guilty Plea to Attempted Murder and Assault for Shooting Two Innocent Bystanders

Shooting Left 11-Year-Old Boy Paralyzed; Second Victim Was Shot in Leg

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man was sentenced to 10 years in prison for opening fire on a crowded Crown Heights street, striking an 11-year-old boy in the chest, leaving him paralyzed from the waist down, and striking a 31-year-old man in the knee.

District Attorney Gonzalez said, “Two innocent people were shot by this defendant who opened fire on a crowded street endangering those going about their everyday lives. A young boy was left paralyzed. There is no place for this type of gun violence on the streets of Brooklyn and I am committed to keeping shooters such as this defendant out of our communities.”

The District Attorney identified the defendant as Angel Eaddy, 30, of Crown Heights, Brooklyn. He pleaded guilty to second-degree assault and first-degree attempted murder on June 22, 2021 before Brooklyn Supreme Court Justice Danny Chun, who promised him a 10-year sentence and five years of post-release supervision in exchange for his guilty plea. The judge imposed the sentence today.

The District Attorney said that, according to the investigation, on June 20, 2019, at approximately 7 p.m., on Schenectady Avenue, near St. Johns Place, the defendant fired a handgun six times, striking an 11-year-old boy in the chest, paralyzing him, and striking a 31-year-old man in the knee. The shooting was captured on surveillance video.

The defendant, a reputed gang member, was firing at a rival gang member when he struck the innocent bystanders.

The case was prosecuted by Senior Assistant District Attorney Lana Schlesinger, of the District Attorney’s Homicide Bureau and Assistant District Attorney Leila Rosini, Deputy Chief of the District Attorney’s Violent Criminal Enterprises Bureau, under the supervision of Assistant District Attorney Timothy Gough, Bureau Chief .

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FOR IMMEDIATE RELEASE
Monday, August 16, 2021

 

Brooklyn Man Arraigned on Attempted Murder and Other Charges for
Allegedly Running Over School Bus Driver in Road Rage Incident

Broke Bus Mirrors When His Car Was Blocked Behind it at a Red Light,
Then Mowed Down Driver as She Was Taking Pictures of His Vehicle

Brooklyn District Attorney Eric Gonzalez today announced that a 22-year-old Brooklyn man has been arraigned on an indictment in which he is charged with attempted murder, assault, leaving the scene of an incident and other charges in connection with a road rage incident in which he allegedly intentionally ran over a school bus driver, causing serious injuries, and fled.

District Attorney Gonzalez said, “The alleged actions of this defendant are truly horrifying. He is accused of mowing down an innocent bus driver, striking her on purpose and in cold blood and then fleeing the scene. This type of senseless violence cannot be tolerated, and we will now seek to hold him fully accountable.”

The District Attorney identified the defendant as Kymani Hardie, 22, of Crown Heights, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Matthew Sciarrino on an indictment in which he is charged with second-degree attempted murder, first- and second-degree assault, leaving the scene of an incident without reporting and related counts. The defendant is being held on $75,000 bond or $50,000 cash bail and was ordered to return to court on September 16, 2021. He faces a maximum sentence of 25 years in prison if convicted of the top count.

The District Attorney said that, according to the investigation, on April 30, 2021, at about 5:15 p.m., near the corner of Linden Boulevard and Hinsdale Street in East New York, the defendant, driving an Infinity sedan, was blocked by a yellow school bus that was empty except for the driver and was standing at a red light. He allegedly became enraged, exited his vehicle and banged on the bus, breaking two mirrors.

The bus driver, a 44-year-old woman, disembarked from the bus and started to record the defendant’s car with her cell phone while standing on the median. The defendant then allegedly ran her over and continued to drive without stopping. The victim suffered a shattered pelvis, broken ribs, a lacerated liver and other injuries.

Video surveillance captured the incident and other videos showed that the defendant, his hand bandaged and driving the same car, checked into a nearby hotel a short time later. DNA recovered from that Infinity and the bus mirror matched the defendant. He was arrested on June 21, 2021.

The case is being prosecuted by Assistant District Attorney Evan Hannay of the District Attorney’s Red Zone Trial Bureau, under the supervision of Assistant District Attorney Karla Watson, Bureau Chief.

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

 

FOR IMMEDIATE RELEASE
Monday, August 2, 2021

 

Brooklyn District Attorney Eric Gonzalez Releases His Office’s
Disclosure Letters Regarding Police Officers in Brooklyn

Over 10,100 Letters Released Pursuant to Freedom of Information Law;
The Letters, Which List Credibility Findings, are Routinely Provided to
Defense Lawyers, as Constitutionally Required, When Police Officers Serve as Witnesses

Brooklyn District Attorney Eric Gonzalez today released all police credibility disclosure letters kept by his Office. These 10,162 “Giglio disclosure letters” were prepared by the Brooklyn DA’s Office to comply with its disclosure obligations to defendants from January 2020 through March 2021 and list information that could show a prior bad act, bias or credibility concerns of a police witness. The database, with required redactions, was provided to WNYC/Gothamist pursuant to a Freedom of Information Law (FOIL) request and is available here.

DA Gonzalez said, “This unprecedented release of disclosure letters should not be viewed as an attack on police officers, who are dedicated to keeping us all safe and work together with my Office in partnership every day. Its goal is to enhance transparency and strengthen trust in the criminal justice system, which relies on police witnesses to make criminal cases and requires the utmost integrity and credibility. These disclosures are required under the law, are being provided to defendants in court and should be part of the public record.”

About two-thirds of the letters include at least one disclosure. A disclosure does not mean that the police officer in question is not credible or should not be testifying; it simply means that the information can potentially be used as impeachment material and is thus constitutionally required to be disclosed.

The information sources for the disclosure letters include: 1) prior NYPD department discipline and internal affairs investigations; 2) Brooklyn DA’s Office investigations;
3) Civilian Complaint Review Board (CCRB) investigations; 4) Judicial adverse credibility findings; 5) Civil lawsuits; 6) Officer interviews; and 7) Other sources that may show a prior bad act, bias, credibility concerns, or motive to fabricate evidence or testimony.

The District Attorney said that the United States Constitution as well as the laws of the State of New York place strict disclosure obligations on prosecutors with respect to impeachment information that might affect witness credibility, based on the Supreme Court case Giglio v. United States and other case law. Starting in 2020, New York State law enhanced its pre-trial discovery rules, demanding broader and faster production of information to the defense. Consequently, the volume and variety of data provided by the New York City Police Department has increased. In June 2020, Civil Rights Law Section 50-a was repealed by the New York Legislature, ending the shield of police disciplinary records from public view (a Federal Court upheld the disclosure of police disciplinary records in February 2021).

To better comply with the changing legal landscape, the Brooklyn DA’s Office put in place a “Giglio Unit” at the end of 2019, which established a centralized system that creates and continuously amends the Office’s disclosure letters. When a FOIL request was made to obtain this data, DA Gonzalez, in an act of transparency, chose not to assert various privileges to shield the information, but to rather disclose the letters, subject to certain legally required redactions.

Redactions were made for many of the letters for the following reasons: 1) Names of persons other than the officer for whom the letter was created; 2) Acts described occurred in the context of an arrest or case that is now sealed; 3) Acts described occurred during a grand jury proceeding; 4) Acts described occurred during a proceeding in Family Court; 5) Allegations where disciplinary proceedings are still pending; and 6) Allegations that were reviewed and found to be unsubstantiated.

It should be noted that the review and redactions of the database was a months-long project, meaning that some of the information in the released records has since changed. The records that are being released represent a “snapshot in time” from March 5, 2021. The District Attorney’s Law Enforcement Accountability Bureau continuously researches its sources for the latest available information to update the records.

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FOR IMMEDIATE RELEASE
Tuesday, July 27, 2021

 

Brooklyn District Attorney Eric Gonzalez Dismisses
Over 3,500 Marijuana Cases Following Legalization

The Cases, Dating Back to the 1970s, Remained Open Mostly Because of Warrants;
About 240 Active Cases Previously Dismissed, Virtually Clearing the Docket in Brooklyn

Brooklyn District Attorney Eric Gonzalez today asked the Court to dismiss 3,578 marijuana cases that remained on the docket mostly because of open warrants. With this move, nearly all marijuana cases in Brooklyn have been dismissed. Since the State Legislature legalized marijuana in March, the DA’s Office dismissed about 240 active cases where marijuana was charged, while marijuana charges that are included in felony cases are being dismissed in the course of court proceedings.

District Attorney Gonzalez said, “For too long, criminalization of marijuana has disproportionately impacted young people and communities of color whose members made up about 90% of those arrested. These arrests ruined the lives of thousands of people over the years, saddling many with criminal convictions that prevented them from pursuing opportunities in life. That was why, in Brooklyn, we stopped prosecuting possession cases in 2014 and went further in 2017, declining prosecution of nearly all smoking cases as well. A year later, we also moved to dismiss warrant cases.

“I am gratified that the New York Legislature legalized marijuana earlier this year in a bill that included an automatic expungement provision. Since its passage, my Office has moved to dismiss open cases and stated we will no longer bring pending marijuana charges before grand or petit juries. Today, I asked the Court to dismiss over 3,500 warrant cases that remained in the system, effectively clearing the Brooklyn docket from these vestiges of previous models of policing and prosecution. I hope that these actions will help strengthen community trust in the justice system and allow us to continue moving forward with more fairness and equity.”

The District Attorney today appeared before Brooklyn Criminal Court Judge Keisha Espinal and requested that 3,578 pending marijuana cases be dismissed and that the Court vacate any relevant arrest warrants, judgments of conviction and guilty pleas related to those cases.

The District Attorney said his Office has been leading the city in marijuana decriminalization. His predecessor, the late Ken Thompson, stopped prosecuting marijuana possession cases in Brooklyn in 2014. In 2017, District Attorney Gonzalez, as the acting DA, went further and declined to prosecute nearly all marijuana smoking cases as well. As a result, marijuana arrests in Brooklyn, which numbered in the thousands every year earlier in that decade, had slowed to a trickle by 2018. In September of 2018, the District Attorney moved to vacate over 3,000 summons warrants for marijuana possession and dismissed the underlying cases. In December of that same year, he moved to dismiss over 1,400 criminal court warrants. His Office also initiated a program to erase and seal old marijuana convictions and DA Gonzalez urged Albany to clear those convictions en masse through legislation.

Currently, only eight cases that include marijuana charges remain in Brooklyn Criminal Court; they involve allegations of driving while impaired. In Supreme Court, marijuana charges that are included in more serious felony cases will be dismissed in the course of court proceedings and those charges will not be brought before any jury.

The District Attorney thanked the Office of Court Administration, especially Antonio Diaz, Acting Chief Clerk of New York City Criminal Court, and Charles Blaha, Acting Borough Chief Clerk of Brooklyn Criminal Court, for facilitating the dismissals.

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