About Gary

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Tuesday, April 16, 2024

Four Hoolie Gang Members Variously Convicted in Multiple Shootings, Including the Death of One-Year-Old Davell Gardner Jr. in Bed-Stuy  

Defendants Were Engaged in Gang War with Rival Street Gang

Brooklyn District Attorney Eric Gonzalez today announced that four defendants have been convicted in a series of gang-related homicides and shootings, including the shooting death of Davell Gardner Jr., who was just 22 months old when he was shot and killed during a cookout in Bedford-Stuyvesant. The defendants were convicted following a six-month jury trial.

District Attorney Gonzalez said, “Today’s verdict sends a clear message that Brooklyn’s streets will not be playgrounds for gang wars. The reckless bloodshed perpetrated by these individuals not only robbed the innocent Davell Gardner, Jr., of a future but has also left an indelible scar on our community. These defendants will be held accountable for their horrific crimes, and my office stands unwavering in our fight against the scourge of gang violence in our neighborhoods. I commend the outstanding prosecutors in my office who tried this complex and lengthy case and thank the NYPD for their excellent work.”

The District Attorney identified the defendants as Travis Scott, of Bedford-Stuyvesant, Dashawn Austin, of Canarsie, Jayquan Lane, of Bedford-Stuyvesant, and Akeem Artis of Bedford-Stuyvesant. Scott, Austin and Lane were variously convicted today of second-degree murder, second-degree attempted murder, first-degree reckless endangerment, second-degree criminal possession of a weapon, and second- and fourth-degree conspiracy following a six-month jury trial before Brooklyn Supreme Court Justice Danny Chun. Artis was convicted of first-degree manslaughter, second-degree attempted murder, second-degree criminal possession of a weapon, fourth-degree conspiracy, and first-degree reckless endangerment. Sentencing was set for May 1, 2024 for Artis and May 8, 2024 for the other defendants.

The District Attorney said that, according to the evidence, the defendants are members of a violent street gang known as Hoolies, primarily based in and around the Roosevelt Housing Development in Bedford-Stuyvesant. The evidence presented at trial showed that the reason for Hoolies to commit acts of violence include retaliation against rival gangs and to display the gang’s strength.

Between May 2018 and May 2021, the Hoolies territory included 721 Willoughby Avenue and 303 Vernon Avenue, as well as the New York City Housing Authority Roosevelt Houses development and the surrounding area from Kosciuszko Street to Pulaski Street in between Marcus Garvey Boulevard to Stuyvesant Avenue.

The District Attorney said that, according to the evidence, on July 12, 2020, Dashawn Austin was seen entering the passenger seat of an Audi driven by Akeem Artis that turned on to Madison Street, near a park where there was a cookout. Austin fired into the park, striking Davell Gardner Jr., 22 months old, who later died, and three other people. Austin was convicted of second-degree murder and Artis was convicted of first-degree manslaughter for that shooting death. Austin was convicted of three counts of second-degree attempted murder and Artis was convicted of three counts of first-degree attempted assault in connection with the other three innocent victims struck in the park shooting. Artis was also convicted of one count of second-degree attempted murder in connection with a June 24, 2020 shooting.

Furthermore, according to the evidence, on March 3, 2020, Dashawn Austin and Jayquan Lane entered the Kinanm Lounge on Atlantic Avenue where alleged gang rival Janile Whitted was in attendance. They followed him when he left the lounge, and Austin fired several shots into his chest at close range, killing him. Austin and Lane were convicted of second-degree murder in that shooting death.

Travis Scott was also convicted of second-degree murder for the December 4, 2018 shooting death of Tyree Walker, 35, who was not a rival, as he walked towards his home on Myrtle Avenue, and of second-degree attempted murder for shooting and paralyzing a 23-year-old man that same night.

The case was prosecuted by Executive Assistant District Attorney and Chief of Staff Nicole L. Chavis, Executive Assistant District Attorney for the Trial Division Joseph P. Alexis, and Senior Assistant District Attorneys Michael Diamond and Fabiola Marrufo, of the District Attorneys Violent Criminal Enterprises Bureau.

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Monday, March 18, 2024

Former Brooklyn Resident Sentenced to 25 Years to Life in Prison for Attempted Murder and Arson in Connection to Setting Fire to Rabbi’s Home

Fire Destroyed Victim’s Midwood House as Well as Two Adjacent Properties,
Defendant was Captured on Video Surveillance Setting the Fire

Brooklyn District Attorney Eric Gonzalez today announced that a Pennsylvania resident has been sentenced to 25 years to life in prison for intentionally setting fire to the home of a Brooklyn rabbi. The fire quickly spread to two adjacent houses, injuring six people, including a six-week-old infant, a firefighter and two police officers.

District Attorney Gonzalez said, “This defendant’s actions destroyed the homes of several families and put numerous people in harm’s way. I am thankful that there were no life-threatening injuries. With today’s sentence, this defendant has been brought to justice.”

The District Attorney identified the defendant as Matthew Karelefsky, 46, of McKeesport, Pennsylvania. He was sentenced today by Brooklyn Supreme Court Justice Donald Leo to 25 years to life in prison. The defendant was convicted of first-degree attempted murder, second-degree arson, six counts of second-degree assault, and two counts of fourth-degree arson on February 7, 2024, following a jury trial.

The District Attorney said that, according to the evidence, on June 13, 2019, at approximately 3:50 a.m., a rabbi at a local yeshiva and his wife awoke to a fire in their three-story multi-family home at 1492 East 17th Street in Midwood. The fire spread to homes on either side of the property, causing 13 residents to evacuate. Numerous individuals, including a six-week-old infant and two NYPD officers were treated for smoke inhalation. Additionally, one firefighter was treated for bruising suffered while responding to the fire.

Fire Marshals determined the fire at 1492 East 17th Street was intentionally set and that it spread to the adjacent properties. Investigators also determined the fire began underneath the rabbi’s front porch, where K9 dogs identified the smell of an accelerant and fire marshals discovered remnants of a Kingsford charcoal bag, charcoal, a plastic milk carton, empty lighter fluid containers, lighter boxes and several rags believed to have been drenched in lighter fluid.

Video surveillance taken from across the street from the victims’ homes shows the defendant setting the fire. Additionally, video surveillance from a Midwood grocery store captured the day before the incident shows the defendant purchasing Kingsford charcoal and matches.

Police arrested the defendant in Manhattan on June 15, 2019. At the time of his arrest, he was wearing a pink shirt with a white collar—a shirt he was seen wearing walking near the victims’ homes before and after the incident. The defendant has a tattoo on his forearm that reads, “Never let go of the HATRED – KILL Rabbi Max”. He also wrote numerous social media posts expressing his animosity for and intention to harm the victim.

The District Attorney thanked members of the FDNY and the NYPD, specifically New York City Fire Department Marshal Stewart Hines, retired NYPD Detective Andrew Cohen and the NYPD Arson and Explosion Squad, who investigated the case, as well as retired Allegheny County Detective Donald Pasquarelli, who assisted in the case and Police Officers Andrew Webber and Anthony Castrillon and Detective John Hostetter, of the 17th Precinct, who apprehended the defendant.

The District Attorney thanked Discovery Support Director Lisa Santapaul, Discovery Expeditor Casey Goedtel, Paralegal Supervisor Aneudy Mata, Assistant District Attorney Erin Shea, Chief Analyst Alexandra Aber of the District Attorney’s Digital Evidence Lab, Senior DEL Intelligence Analyst Christina Stewart, Mauricio Suarez, DEL Senior Digital Forensics’ Analyst and the DA’s Detective Investigators for the assistance in the case.

The case was prosecuted by Assistant District Attorney Sara Kurtzberg, Chief of the District Attorney’s Bureau of Litigation and Technology (BOLT), and David Kim, Deputy Chief of BOLT.

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FOR IMMEDIATE RELEASE

Friday, March 1, 2024

MTA Employee Indicted for Running Brothel Out of Greenpoint Apartment

Investigation Prompted by Neighbors’ Complaints About Strange Men Inside the Building

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been arraigned on an indictment in which he is charged with promoting prostitution for allegedly running a brothel out of his Greenpoint apartment. The defendant is employed as a structural maintainer with the Metropolitan Transportation Authority. He is currently suspended.

           District Attorney Gonzalez said, “The alleged illegal brothel that the defendant was operating in a residential building caused numerous disruptions for tenants concerned about their well-being. I am committed to responding to complaints from neighbors concerned about maintaining their quality of life and safety.”

The District Attorney identified the defendant as David Blakis, 46, of Greenpoint, in Brooklyn. The defendant was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which he is charged with third- and fourth-degree promoting prostitution and permitting prostitution. He was ordered to return to court on May 8, 2024.

The District Attorney said that, according to the investigation, in February 2023, the District Attorney’s Human Trafficking Unit received a complaint about a brothel being run out of an apartment at 1083 Manhattan Avenue, in Greenpoint. On February 11, 2023, an undercover NYPD officer arrived at the location and was buzzed into the apartment. He allegedly gave $200 to a woman inside the apartment and was given poker chips, which he was told to give to another woman inside of a bedroom in exchange for sexual intercourse.

The undercover allegedly gave the second woman the poker chips and told her he paid for sexual intercourse. She allegedly took the chips and the undercover excused himself to go to the bathroom. He then notified his field team, and the two women were arrested. The police noticed signs throughout the location in English and Spanish that read “Tip the Ladies,” “chica cards” (business cards that advertise prostitution) and mail belonging to the defendant.

Furthermore, according to the investigation, police were granted access to surveillance cameras in the building’s common area by the building’s landlord showing numerous women coming and going from the apartment for various overnight “work shifts.” Numerous men were seen coming and going from the apartment throughout the day, sometimes staying 10 to 15 minutes. Women were also seen storing their belongings inside the defendant’s mother’s apartment next door.

On November 1, 2023, it is alleged, another undercover officer went to the location and was buzzed into the apartment. The undercover allegedly spoke to the defendant inside of the apartment and agreed to pay $65 for oral sex with a woman inside of the apartment.

Finally, it is alleged, on November 10, 2023, Brooklyn DA and NYPD detectives executed a search warrant at the defendant’s apartment and saw the defendant sitting on a couch in the living room, one woman inside of a bedroom in various stages of undress with a man and a second woman who ran out of the apartment and was caught on the fire escape. There was also another man sitting on the couch who allegedly admitted being in the apartment to engage in prostitution.

Pursuant to the search warrant, eight electronic devices were recovered, including five cell phones that allegedly contained evidence of promoting prostitution including advertisements for various women, prices, time frames, and the Greenpoint location. Investigators also recovered approximately $5,000 cash, chica cards, and a 2023 calendar with women’s names on various dates.

The case was investigated by a KCDA Detective Investigator assigned to the Human Trafficking Unit with assistance from the NYPD Brooklyn VICE Module Detective Michael Wolfe, under the supervision of Sergeant Brian Gribbin.

The District Attorney thanked Human Trafficking Unit Paralegal Aurora Martinez and Digital Forensic Analyst Taylor Mumley, of the KCDA Digital Evidence Lab, for their assistance on the case.

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

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

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Monday, January 8, 2024

Brooklyn Man Sentenced to 25 Years to Life in Prison for

Execution Murder of One Man and Shooting and Injuring a Second Man

Defendant Opened Fire Inside of Crowded Deli

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been sentenced to 25 years to life in prison for fatally shooting one man and shooting and wounding a second man inside of a crowded deli in East New York, Brooklyn.

District Attorney Gonzalez said, “The defendant showed a complete indifference to human life when he callously opened fire inside of a crowded deli, repeatedly shooting and killing one man, a soon-to-be father, and shooting and severely wounding a second man. Today’s sentence holds him accountable for his actions.”

The District Attorney identified the defendant as Marcus Worrell, 28, of East New York, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Donald Leo to 25 years to life in prison. The defendant was convicted of second-degree murder, second-degree attempted murder, and two counts of second-degree criminal possession of a weapon on November 9, 2023, following a jury trial.

The District Attorney said that, according to the evidence, on June 5, 2020, at approximately 8:20 p.m., the defendant entered a deli located at 620 Livonia Avenue and shot Evon Hillman, 28, and continued firing at him even after the victim fell to the ground. Hillman died instantly, according to testimony. A second man, age 40, who was standing next to the victim, was shot in the stomach and suffered massive internal damage.

The defendant then left the deli, according to the evidence, and robbed another man of his motorbike at gunpoint to escape. He was arrested two months later, on August 5, 2020, by the New York City Police Department.

Evon Hillman’s fiancée gave birth to their son two months after the murder.

The case was prosecuted by Senior Assistant District Attorney Evan Hannay, of the District Attorney’s Homicide Bureau, and Assistant District Attorney Chow Xie, Deputy Chief of the Homicide Bureau, under the supervision of Assistant District Attorney Leila Rosini, Homicide Bureau Chief.

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FOR IMMEDIATE RELEASE

Thursday, December 29, 2023

Shootings and Shooting Victims Dropped by About 25% in Brooklyn in 2023,
Accelerating Three-Year Decline; Homicides Down by 10%

Significant Decline in Gun Homicides, Total Serious Crimes Reduced by Over 5%

Brooklyn District Attorney Eric Gonzalez today announced that Brooklyn continued to make significant gains in public safety in 2023, with shooting incidents and victims both dropping by about 25% compared to the previous year. Those numbers translate to about 150 fewer shooting victims. Homicides decreased by almost 10% and overall index crimes declined by more than 5%. These encouraging statistics are part of years-long trend that reversed the spike in gun violence during the height of the COVID pandemic and reverted back to pre-pandemic territory, when such crimes were at their lowest in recorded history. The Brooklyn DA’s Office continued to focus on reducing violence by targeting violent street gangs, partnering with community-based organizations to prevent at-risk youth from becoming either perpetrators or victims of gun violence, and enhancing efforts to better prosecute gun offenses. It also continued its efforts to correct miscarriages of justice and to strengthen fairness and equity in the legal system.

District Attorney Gonzalez said, “It is gratifying to see the progress we are making in keeping Brooklyn safe. This past year, we experienced a marked reduction in gun violence with shootings and shooting victims declining by a full quarter and homicide decreasing by 10%. These are not just numbers; these are 150 fewer people suffering gunshot injuries that would have altered their lives forever. While every act of gun violence is one too many, we are on the right track with most other serious crimes also trending downward. These achievements are a testament to the joint effort among my office, the Brooklyn community, the NYPD and all other law enforcement and community partners. As we look to 2024, I am hopeful and confident that we can continue to make our borough safer and strengthen trust in the justice system.”

The District Attorney said that there were 337 shooting incidents in Brooklyn this year, down 100 or 25% compared to 449 in 2022. There were 147 fewer shooting victims – 397 compared to 544, or down 27%. There were also 15 fewer murders, or a 10% decline. The decrease in gun homicides was notable, with 10 fewer shooting-related homicides or 63% of total number of murders committed this year. This percentage is analogous to 2018 and 2019, when homicides in Brooklyn reached record lows and those involving shootings stood at 64% in each of those years. That ratio jumped to 80% in 2020 and 72% in 2021. The reduction in shooting related homicides is another indication of improvements in gun violence.

The most notable gains in public safety took place in Brooklyn North precincts, first among them the 73rd Precinct in Brownsville, where murders dropped by a whopping 67% (from 21 to 7) and shootings decreased by 30%. Shootings also declined in East New York (75th Precinct), by 32%, and Bedford-Stuyvesant (81st Precinct), by 47%. Greenpoint (94th Precinct) saw one shooting, compared to eight in the previous year (down 87.5%). The southern neighborhoods that experienced the biggest drops in shootings were Sheepshead Bay (61st Precinct), down 71.5%, and Coney Island (60th Precinct), down 55.6%. The number of shootings decreased in 18 out of the 23 Brooklyn precincts. And gun violence in public housing developments declined significantly with 41% fewer shootings and 42% fewer shooting victims.

The seven major index crimes (murder, rape, robbery, felony assault, burglary, grand larceny and grand theft auto) decreased in Brooklyn by 5.1% this year compared to 2022. Burglaries decreased by 18.4%, grand larcenies by 7.2%, reported rape by 6.1% and robberies by 4.2%. The only upticks, by about 2.5% each, were in felony assaults and grand theft auto. [These stats are based on the New York City Police Department’s preliminary CompStat reports as of 12/24/2023.]

The DA’s Office’s efforts to combat gun violence this year included the takedown of two rival street crews with the indictment of 32 alleged gang members. A central figure in one of the gangs was successful drill rapper “Sheff G,” who allegedly used his music industry earnings to bankroll and encourage acts of violence. The office also secured the conviction of a man who killed a gang rival, sparking the cycle of violence between the two groups. Other initiatives focused on prevention, such as support to a program that aims to reduce shootings by addressing domestic violence, engagement of criminal justice involved youth, and gun buyback events.

Brooklyn’s Conviction Review Unit continued its crucial work to correct past miscarriages of justice, exonerating three individuals over the course of 2023. They included a man who served 18 years in prison, having been arrested based on a witness identification of a different man with the same name; a man who pleaded guilty to murder but a reinvestigation revealed that another person was responsible; and a man who spent 35 years in prison for a conviction that was based on an unreliable witness.

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

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Monday, December 18, 2023

Burglar Who Broke into Williamsburg Matzah Factory
Sentenced to up to Five Years in Prison

Stole Over $94,000 Just Weeks Before Passover

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been sentenced to two-and-a-half to five years in prison for breaking into a Matzah factory in Williamsburg and stealing cash and checks worth over $94,000. The theft took place weeks before Passover, when the business was ramping up operations ahead of the Jewish holiday.

District Attorney Gonzalez said, “This defendant brazenly broke into a religious institution that was gearing up to make matzahs before the start of a Jewish holiday. He was caught red handed and will now be held responsible. My office will continue to protect the property of everyone in Brooklyn and to hold offenders to account.”

The District Attorney identified the defendant as Muntaquim Durant, 44, of Prospect Heights, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Raymond Rodriguez to two-and-a-half to five years in prison, following his guilty plea in October to third-degree burglary.

The District Attorney said that, according to the evidence, on February 28, 2023, at approximately 9:50 a.m., the defendant entered the Satmar matzah bakery at 423 Broadway in Williamsburg, Brooklyn. Surveillance video captured him enter the building, rummage through jackets on a coat rack, go upstairs, pour himself a cup of coffee, and enter the location’s office on the second floor.

The office was locked, but the defendant forced his way in and then exited the office a few seconds later with what appeared to be a wad of cash and checks in his pockets. He then exited the location.

An employee later entered the office and noticed checks were thrown around on the floor, and that there were missing checks and missing cash. The stolen checks totaled over $34,000 and the cash totaled over $60,000. Another employee called 911 and made a report.

The case detective created a wanted poster using the surveillance footage and other detectives identified the defendant, who was a suspect in other burglaries. He was arrested on March 15, 2023, during a routine traffic stop.

The case was prosecuted by Senior Assistant District Attorney Christopher Brogna and Assistant District Attorney Matthew Kong, of the District Attorney’s Grey Zone Trial Bureau, under the supervision of Assistant District Attorney Robert Walsh, Bureau Chief.

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Tuesday, December 12, 2023

Long Island Man Indicted for Sex Trafficking of Teenage Girl

Defendant Also Charged with Promoting Prostitution of 26-Year-Old Woman

Brooklyn District Attorney Eric Gonzalez today announced that a man has been arraigned on an indictment in which he is charged with sex trafficking of a child and other charges for allegedly forcing a 15-year-old girl to engage in prostitution.

District Attorney Gonzalez said, “This defendant allegedly exploited a vulnerable teenager to engage in prostitution over several days before she was able to escape. I am deeply committed to bringing to justice individuals who prey on troubled and at-risk young people, and we will now seek to hold this defendant accountable.”

The District Attorney identified the defendant as Terrence Reid, a.k.a. Chinchilla, 43, of Hempstead, New York. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which he is charged with sex trafficking of a child, sex trafficking, attempted sex trafficking, second-, third-, and fourth-degree promoting prostitution, and endangering the welfare of a child. The defendant was ordered held without bail and to return to court on January 31, 2024. He faces up to 25 years in prison if convicted of the top count.

The District Attorney said that, according to the investigation, in early 2022 the defendant messaged the 15-year-old victim on Instagram, and they messaged back and forth for a few days.

In May 2023, the 15-year-old, who was going through challenges at home, allegedly agreed to meet with the defendant, who picked her up at her aunt’s home in Brooklyn.

The defendant then allegedly took the 15-year-old and a 26-year-old woman to a hotel in East Orange, New Jersey, had semi-nude photos of them taken, and posted them online on a website used for prostitution. The older woman then allegedly began engaging in prostitution at the hotel. After a few days, it is alleged, the defendant drove both females to a hotel on Jamaica Avenue in Queens, where they rented a room.

The defendant then allegedly drove them to a prostitution street track on Pennsylvania Avenue in the 75th Precinct, where they were allegedly forced to walk the track all night until about 7 a.m. the following morning.

The 15-year-old allegedly engaged in numerous acts of prostitution while walking the “Penn Track” from May 22 to May 25, 2023. The defendant allegedly imposed a $300 a day quota on both women, warning them “it would be a problem” if they did not meet the quota.

Furthermore, it is alleged, on May 25, 2023, while on the “Penn Track,” the 15-year-old was allegedly assaulted and robbed by a man who paid to have sex with her. When she told the defendant what happened, he allegedly screamed at her and ordered her to get back on the track.

Finally, it is alleged, while everyone was sleeping at the hotel in Queens, the 15-year-old sneaked out of the room, got in a taxi and reported the incidents to her case worker.

The case was investigated by New York City Police Department Detective Courtney Thorpe of the New York City Police Department’s Human Trafficking Squad, under the supervision of Sergeant Kevin Kavanagh, Lieutenant Amy Capogna and Captain Thomas Milano.

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

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

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Tuesday, December 5, 2023

Brooklyn Woman Indicted for Grand Larceny
For Stealing Approximately $157,000 in Section 8 Subsidies

Defendant Allegedly Used Another Person’s Social Security Number to Conceal Income,
Employment from NYCHA While Collecting Rent Assistance for Crown Heights Home

Brooklyn District Attorney Eric Gonzalez, together with New York City Department of Investigation Commissioner Jocelyn E. Strauber, today announced that a Brooklyn woman has been indicted for grand larceny for allegedly obtaining more than $157,000 in Section 8 rent subsidies to which she was not entitled. As part of the alleged decade-long fraud, the defendant used another person’s Social Security number to conceal her employment and income from the New York City Housing Authority while collecting rent assistance vouchers for a two-bedroom apartment in Crown Heights.

District Attorney Gonzalez said, “For over a decade – and at a time when affordable housing in Brooklyn is increasingly scarce – this defendant allegedly lied about her income and employment to obtain thousands of dollars annually in rent subsidies to which she was not entitled. In doing so, she stole precious resources intended to help low-income New Yorkers find housing, and we will now seek to hold her accountable for that. I want to thank DOI and the Social Security Administration-Office of the Inspector General for their assistance in this case.”

Commissioner Strauber said, “For over a decade, this defendant made false statements about her employment and income to NYCHA in order to obtain more than $155,000 in Section 8 benefits she was not entitled to and provided NYCHA with someone else’s Social Security number to avoid detection, according to the charges. Theft of housing benefits diverts these important public resources from New Yorkers who are in need, and who qualify for them.  I thank NYCHA and the Office of the Inspector General for the United States Social Security Administration for their assistance in this investigation; and the Brooklyn District Attorney’s Office for its partnership in protecting New York City’s affordable housing.”

The District Attorney identified the defendant as Luzmila Corbin, 56, of Crown Heights, Brooklyn. She was arraigned today before Brooklyn Supreme Court Justice Dineen Riviezzo on an indictment in which she is charged with first-degree identity theft, second-degree grand larceny, first-degree falsifying business records and 17 counts of first-degree offering a false instrument for filing. She was released without bail and ordered to return to court on February 7, 2024.

The District Attorney said that, according to the investigation, the defendant started receiving rental-assistance vouchers, known as Section 8, in February 2001. The defendant used the vouchers to rent a two-bedroom apartment on Rochester Avenue in Crown Heights. From 2009 to 2021, it is alleged the defendant claimed to be unemployed in her annual Affidavit of Income submitted to the New York City Housing Authority. In reality, however, the defendant was allegedly working as a food services aide at New York City Health and Hospitals where she made $34,000 to $59,000 a year.

Furthermore, according to the investigation, the defendant allegedly used another person’s Social Security Number to prevent NYCHA from verifying her income. As a result of the fraud, in 2022, for example, the defendant paid only $212 of the apartment’s monthly rent of $1,654. The remaining balance was subsidized by NYCHA based on the defendant’s misrepresentation of her household income and assets. According to the investigation, between November 2010 and June 2022, NYCHA overpaid $157,493 in rent subsidies on the defendant’s behalf.

The case was investigated by DOI Assistant Inspector General Robert Joyce, under the supervision of Deputy Inspector General Gregory Deboer, Deputy Inspector General J. Graham Forbes, Executive Agency Counsel Laureen Hintz, Inspector General Ralph Iannuzzi, Deputy Commissioner of Strategic Initiatives Christopher Ryan and Deputy Commissioner/Chief of Investigations Dominick Zarrella.

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 Adam Libove, Deputy Chief of Public Integrity, and Assistant District Attorney Laura Neubauer, Bureau Chief, and the overall supervision of Assistant District Attorney Michel Spanakos, Deputy Chief of the District Attorney’s Investigations Division, and Assistant District Attorney Patricia McNeill, Chief of Investigations.

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

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Friday, November 3, 2023

Brooklyn Man Sentenced to 23 Years to Life in Prison for
East New York Shooting That Killed Gang Rival

Murder of Victim Shamel Boomer Sparked Retaliation by Gang Members,
Who Labeled the Violent Movement “Boomin’ for Boomer” on Social Media

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been sentenced to 23 years to life in prison for the shooting death of an unarmed 18-year-old man, Shamel Boomer, in East New York.

District Attorney Gonzalez said, “This murder and the violent retaliation it sparked is another example of the pervasive cycle of gang violence that is destroying too many young lives in Brooklyn. I am committed to holding accountable those responsible for shootings, and, as in this terrible instance, shooting deaths that endanger all Brooklynites.”

The District Attorney identified the defendant as Malik Bacchus, 22, of Crown Heights, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Danny Chun to 23 years to life in prison. The defendant was convicted of second-degree murder, two counts of second-degree criminal possession of a weapon and third-degree grand larceny on October 2, 2023, following a jury trial.

The District Attorney said that, according to the evidence, on July 10, 2020, the victim, Shamel Boomer, 18, of Brownsville, Brooklyn, and two friends checked into the Sunborn Hotel, located at 100 New Jersey Avenue, in East New York, Brooklyn, to play video games.

Later that day, according to the evidence, the defendant, Malik Bacchus, who had stolen a red Nissan Altima from a food delivery driver earlier that day, checked into the Sunborn Hotel with three friends. At approximately 7:20 p.m., the defendant’s friends noticed the victim, a member of the WOOO gang, waiting in the lobby of the hotel for a cab. They then alerted Bacchus, a Bergen Fam gang member, to Boomer’s presence.

Bacchus went down to the lobby where he ambushed Boomer, pulling out an illegal 9-millimeter gun and firing at the victim at close range, striking him in the shoulder. The bullet punctured both of Shamel Boomer’s lungs as well as the pulmonary trunk. He was taken to Brookdale Hospital, where he was pronounced dead.

The defendant fled from the hotel, according to the evidence, but was linked to the murder via video surveillance and DNA on a soda can recovered from his hotel room. He was located in Chico, California, and extradited to Brooklyn four months later.

Boomer’s murder and its celebration by gang members associated with Bergen Fam and WOOO rival CHOO sparked numerous instances of violence by WOOO members and, in turn, more violence from Bergen Fam and CHOO members.

The District Attorney thanked VCE Paralegals Sultana Wahab and Dian Fields-Veron and the KCDA Detective Investigators for their assistance on this case.

The case was prosecuted by Senior Assistant District Attorney Nicholas Ford and Senior Assistant District Attorney Jonathan Visotzky, of the District Attorney’s Violent Criminal Enterprises Bureau, under the supervision of Assistant District Attorney Alfred De Ingeniis, VCE Bureau Chief.

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Friday, November 3, 2023

Brooklyn District Attorney Moves to Vacate Conviction of
Man Who Was Found Guilty Based on Unreliable Eyewitness

Defendant Was Paroled in April 2021 After Serving Nearly 35 Years in Prison

Brooklyn District Attorney Eric Gonzalez today announced that following a thorough reinvestigation by his Conviction Review Unit (CRU), he will move to vacate the conviction of Detroy Livingston, 59, who was convicted after a 1986 trial in connection with a murder that happened four years earlier inside a Bedford-Stuyvesant bodega. The reinvestigation found that the sole eyewitness was highly unreliable, having given numerous contradictory statements and being high on crack cocaine when she allegedly witnessed the incident. The CRU report is available here.

District Attorney Gonzalez said, “This old conviction was predicated on the testimony of a single witness who, based on a reinvestigation by my Conviction Review Unit, should have never been called to testify at trial. Her myriad inconsistent statements and newly discovered crack habit undermine this conviction and it must be reversed.”

The defendant will appear in court today at 11 a.m. before Brooklyn Supreme Court Justice Matthew D’Emic in 320 Jay Street, 15th Floor.
The District Attorney said that on December 11, 1982, four men robbed a small grocery store in Bedford Stuyvesant, Brooklyn of marijuana. During the robbery, employee Jairam Gangaram was fatally shot, and another worker was shot but survived his injuries. Despite interviewing several witnesses, the police investigation was stalled until 1986, when the defendant and an alleged accomplice were arrested and indicted for the crime.

The defendant was convicted based on the testimony of a woman, who was 19 at the time, who claimed she saw him shoot the victim and later saw his alleged accomplice with marijuana bags with a stamp she had previously noticed in that store. The defendant, who earlier rejected a plea offer of six to 12 years in prison and consistently maintained his innocence, was convicted of murder, robbery, and related counts. He was sentenced to 25 years to life in prison and was paroled in April 2021.

The CRU reinvestigated the case after receiving a request from the deceased’s daughter who claimed the defendant was innocent. In interviews with the eyewitness, CRU found that she had little recollection regarding the case but stated that at the time she “was on crack, hard,” contradicting her hearing testimony that she only used to smoke marijuana.

An analysis of the witness’s 10 statements, given to police and in court, showed that she was inconsistent about the defendant’s role or whether he was involved at all, about where she was when she witnessed the crime, about whether she saw the assailants flee, and about hearing the suspects discuss the crime on a later date. When confronted by the defense about some of the inconsistencies, she claimed to not recall making those statements. Furthermore, her testimony was physically implausible as she claimed to have hidden behind a dumpster right outside the store and looked in through the window, but the window was largely blocked by objects (based on a crime scene photo that was never shown to the jury), and a security gate was almost certainly rolled down.

Her testimony at the codefendant’s subsequent trial was even more incredible and it appears that the jury disregarded her completely – it only convicted that individual of attempted murder and weapon possession, relying on testimony from the surviving store employee. Given all of these findings, the CRU concluded that the witness should have never been called to the stand and, since she was the only link between the defendant and the crime, the conviction should be vacated, and the indictment dismissed.
To date, the work of the Conviction Review Unit has resulted in 36 convictions being vacated since 2014. Currently, CRU has approximately 40 open investigations.

This case was investigated by Assistant District Attorney Rachel Kalman of the District Attorney’s Conviction Review Unit, under the supervision of Eric Sonnenschein, Deputy Chief of the Conviction Review Unit, and Charles Linehan, Unit Chief.

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