About Gary

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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.

FOR IMMEDIATE RELEASE

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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FOR IMMEDIATE RELEASE

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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FOR IMMEDIATE RELEASE

Wednesday, October 25, 2023

Former Coney Island Amusement Park Worker Sentenced
to 13 Years in Prison for Attempted Murder

Defendant Shot Co-Worker in Chest During Dispute Over Customers and Profits at Jumbo Prizes Game Booth Before Fleeing to Pennsylvania

Brooklyn District Attorney Eric Gonzalez today announced that a former Coney Island amusement park worker was sentenced to 13 years in prison for shooting a co-worker in the chest during an ongoing dispute over customers and profits at a game booth. Video surveillance captured the incident, including the defendant disposing of evidence inside of Nathan’s Famous before fleeing to Pennsylvania. He was convicted at trial in May.

District Attorney Gonzalez said, “This shooting at Coney Island’s Luna Park was an outrageous act of violence that nearly killed a man and put many more people in harm’s way. Gun crime will not be tolerated in Brooklyn, and today’s sentence ensures that the defendant has been held accountable for his deplorable actions.”

The District Attorney identified the defendant as Joseph Colon, 38, of, Coney Island, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Susan Quirk to 13 years in prison and five years’ post-release supervision. He was convicted of second-degree attempted murder, first-degree criminal use of a firearm, first-degree reckless endangerment, and two counts of second-degree criminal possession of a weapon on May 31, 2023, following a jury trial.

The District Attorney said that, according to the evidence, both the defendant and the victim, a 38-year-old man, worked at the Jumbo Prizes game booth at Coney Island’s Luna Park. In the week prior to the shooting, the two men had repeatedly argued over customers and profits.

On September 10, 2021, at approximately 8 p.m., the defendant was working at Jumbo Prizes when the victim arrived for work. The defendant observed that the victim was unarmed, and then took a tactical position behind the booth, drawing an unlicensed handgun and firing a single shot at the victim, who was struck in the chest.

The defendant then exited the booth and briefly pursued the victim before ducking down Bowery Street. According to the evidence, the defendant was then seen on surveillance video on Stillwell Avenue removing his camouflage hoodie before walking into Nathan’s Famous where he tossed it in the garbage. The hoodie was subsequently recovered and tested for DNA that matched the defendant. The defendant then got into a vehicle and was taken to his apartment at 2926 West 25th Street. From there, according to the evidence, the defendant fled to Temple, Pennsylvania, where a relative lived. He was extradited back to New York by the United States Marshals Service and the NYPD’s Regional Fugitive Task Force.

The victim collapsed near the intersection of Stillwell and Mermaid Avenues. He was taken to NYU Langone Brooklyn where he was treated for a gunshot wound to the chest, a broken rib, a collapsed lung, a lacerated liver, and severe loss of blood. The victim was hospitalized for approximately a week before being released.

The District Attorney thanked Supervising Paralegal Aneudy Mata for assisting with the case.

The case was prosecuted by Assistant District Attorney Michael Boykin, Deputy Chief of the District Attorney’s Green Zone Trial Bureau and Assistant District Attorney Adam Ghalmi, also of the Green Zone, under the overall supervision of Assistant District Attorney Frank DeGaetano, Green Zone Bureau Chief.

 

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FOR IMMEDIATE RELEASE

Monday, October 23, 2023

Brooklyn Man who Fled Justice to Israel Sentenced to Prison
For Sexually Abusing Three Female Relatives

Indicted in Absentia in 2010 and Extradited in 2021

Brooklyn District Attorney Eric Gonzalez today announced that a 67-year-old Brooklyn man who fled to Israel in 2010 to escape charges that he repeatedly sexually assaulted young relatives has been sentenced to nine years in prison after pleading guilty to course of sexual conduct against a child.

District Attorney Gonzalez said, “With today’s sentence, this defendant is being held responsible for his despicable acts, while sparing his victims from testifying against a relative. I hope that the resolution of this long-standing case brings them some solace and helps them cope with the trauma and hurt the defendant has caused. I would like to thank the NYPD, the Israeli National Police, the Justice Department, and the U.S. Marshals Service for their assistance in bringing this fugitive to justice and ensuring accountability and closure in this case.”

The District Attorney identified the defendant as Gershon Kranczer, 67, of Midwood, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Jill Konviser to nine years in prison and 10 years’ post release supervision, following his guilty plea in August 2023 to second-degree course of sexual conduct against a child. The defendant will also have to register as a sex offender upon his release. The plea was offered by the Court.

The District Attorney said that, according to the investigation, on multiple occasions from August 1996 to February 2003, in Midwood, Brooklyn, the defendant sexually assaulted a child from the time she was six years old to 13 years old. He sexually abused a second child between March 2001 and September 2002 when she was approximately 11 years old. A third victim came forward following his arrest in 2021 and reported that the defendant sexually abused her on multiple occasions between the ages of 5 to 15 starting in June 1998.

The defendant fled to Israel to escape prosecution the same day the abuse was first reported, in November 2010. He was returned to New York on November 3, 2021 by the United States Marshals Service.

The investigation was conducted by now-retired New York City Police Detective Steve Litwin, formerly assigned to the Brooklyn Special Victims Squad and to the Cold Case Squad.

The case was prosecuted by Senior Assistant District Attorney Connie Solimeo, formerly of the District Attorney’s Special Victims Bureau, and Kevin O’Donnell, Deputy Bureau Chief, under the supervision of Assistant District Attorney Miss Gregory, Bureau Chief.

 

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FOR IMMEDIATE RELEASE

Monday, August 21, 2023

Disbarred Crown Heights Lawyer Indicted for Allegedly Providing
Immigration Services Without Law License

Allegedly Stole Thousands of Dollars from Nine Clients and Continued to
Practice Law Despite Being Disbarred in New York State

Brooklyn District Attorney Eric Gonzalez today announced that a Crown Heights attorney specializing in immigration cases has been charged with stealing from nine of his clients while continuing to practice law despite being disbarred in New York State.

District Attorney Gonzalez said, “This defendant allegedly continued to practice law after being disbarred for misconduct and vulnerable immigrants sought his legal assistance. Instead of helping them, he allegedly defrauded his clients out of tens of thousands of dollars. We have no tolerance for this kind of alleged conduct, and my office will now seek to hold him accountable. I want to thank the U.S. Department of Homeland Security Investigations for their assistance with the case.”

HSI New York Special Agent in Charge Ivan J. Arvelo said, “Despite his disbarment resulting from the filing of hundreds of fraudulent petitions aimed at securing benefits for non-citizen clients, Owolabi Salis allegedly persisted in deceitfully portraying himself as a practicing attorney. Exploiting the vulnerability of both his clients and the system, he callously manipulated them for personal gain. Salis’s utter disregard for the laws of New York State is both reprehensible and unacceptable. Even more distressing is his alleged exploitation of a system designed to enable non-citizens to lawfully remain in the United States. HSI New York extends its appreciation to the collaborative endeavors of the U.S. Citizenship and Immigration Services New York Fraud Detection and National Security Unit, the New York Office of the Principal Legal Adviser, HSI Newark, and the Brooklyn District Attorney’s Office. Their combined efforts working alongside HSI NY’s Document and Benefit Fraud Task Force ensured today’s indictment.”

The District Attorney identified the defendant as Owolabi Salis, 60, of Crown Heights, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Heidi Cesare on an indictment in which he is charged with third-degree and fourth-degree grand larceny, second-degree criminal contempt, first-degree scheme to defraud, first-degree immigrant assistance services fraud and the unlawful practice of the law. The defendant was released without bail and ordered to return to court on October 11, 2023.

The District Attorney said that, according to the investigation, the defendant was disbarred on November 29, 2022, following an investigation by New York’s Attorney Grievance Committee that found he had filed fraudulent and frivolous immigrations petitions. The defendant was ordered to stop practicing law. He was further required to notify his clients that he had been disbarred and to advise them to obtain new counsel.

However, it is alleged that the defendant violated the order and continued to operate a law office at 1179 Eastern Parkway in Crown Heights while advertising “Salis Law P.C.” online.

Investigators found that the defendant typically opened his office early in the evening and stayed open well past midnight, drawing long lines of prospective clients, many of whom work daytime jobs. The defendant also allegedly continued to represent previous clients, the vast majority of whom spoke Spanish, and took money from them for various legal services pertaining to their immigration status without ever telling them that he had been disbarred and without advising them to get a new lawyer.

Following a search of the defendant’s office on March 7, 2023, nine of his clients, all of whom were from the Dominican Republic, alleged that the defendant stole from them money in amounts ranging from $8,000 to $800.

People who believe they have been victimized by this defendant are encouraged to contact the District Attorney’s Action Center at 718-250-2340 or send an e-mail to SalisComplaints@brooklynda.org.

Intelligence Analyst Yacelys Corona, of the District Attorney’s Investigations Division, and Paralegal Specialist Kevin Yu, of the District Attorney’s Immigrant Affairs Unit, assisted in the investigation.

The case is being prosecuted by Assistant District Attorney Gloria Rios, Chief of the District Attorney’s Immigrant Affairs Unit, and Senior Assistant District Attorney Peter Choi, of the District Attorney’s Frauds Bureau, under the supervision of Assistant District Attorney Michel Spanakos, Deputy Chief of the Investigations Division, and 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.

FOR IMMEDIATE RELEASE

Wednesday, August 16, 2023

Bedford Stuyvesant Man Sentenced to 25 Years to Life in Prison
For Killing Mount Vernon Man and Setting Body on Fire

Attended Church Service with Victim’s Relatives Before Getting Caught Burning the Remains

Brooklyn District Attorney Eric Gonzalez today announced that a Bedford Stuyvesant man has been sentenced to 25 years to life in prison for killing a Mount Vernon man and attempting to conceal his crime by setting fire to the victim’s corpse in the basement of a Brooklyn apartment building. The two men were romantic rivals and the defendant stalked the victim for months before the murder.

District Attorney Gonzalez said, “The depravity of the defendant’s actions cannot be overstated, and the lengthy prison term to which he has been sentenced holds him accountable for killing an innocent man in cold blood and desecrating his remains. While nothing can return Jonathan Blake to his loved ones, I hope this sentence provides them with some measure of solace. Brooklyn is safer with this defendant behind bars.”

The District Attorney identified the defendant as Derek Whitaker, 58, of Bedford- Stuyvesant, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Danny Chun to 25 years to life in prison. The defendant was convicted on June 16, 2023, of second-degree murder, second-degree criminal possession of a weapon, fourth-degree arson, tampering with physical evidence, and concealment of a human corpse following a jury trial.

The District Attorney said that, according to the evidence, in the early morning hours of March 13, 2020, on North Broadway, in Yonkers, the defendant ambushed Jonathan Blake, 55, shooting him in the head and killing him. The defendant later transported the victim’s body to the basement of a building at 494 Jefferson Avenue in Bedford Stuyvesant where he worked as a superintendent and where his mother resided.

On March 16, 2020, according to the evidence, the defendant attempted to cover up the killing by setting fire to the victim’s corpse using gasoline. A resident of the building smelled smoke and ventured into the basement where they observed the defendant standing over a metal barrel with the victim’s two legs sticking out. The resident reported the incident to the building’s manager who called 911. Members of the New York City Fire Department and the New York City Police Department arrived at the address and the defendant was arrested shortly thereafter.

Investigators later learned the two men were romantic rivals and that the defendant had been stalking the victim for four to six months.

Furthermore, according to the evidence, in the time between killing the victim and setting fire to his corpse, the defendant attended a service at a church in Westchester County where the victim and his family worshiped. The defendant sat in the victim’s empty seat and embraced the victim’s brother.

The District Attorney thanked Homicide Paralegal Amanda Connolly and Digital Evidence Lab Intelligence Analyst Lexie Giardina for their assistance on the case.

The case was prosecuted by Senior Assistant District Attorney Matthew M. Midey, of the District Attorney’s Homicide Bureau, and Senior Assistant District Attorney Patrick O’Donnell, of the District Attorney’s Grey Zone, under the supervision of Leila Rosini.

 

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FOR IMMEDIATE RELEASE

Tuesday, August 1, 2023

Queens Man Sentenced to 21 Years in Prison for Attempted Murder of His Former Girlfriend After Breaking into Her Home

Victim was Stabbed Repeatedly in Front of Teenage Son, Who Called 911

Brooklyn District Attorney Eric Gonzalez today announced that a Queens man was sentenced to 21 years in prison for repeatedly stabbing his ex-girlfriend after breaking into her Flatbush home. The victim, a mother of two sons, suffered severe cuts to her forehead and forearm.

District Attorney Gonzalez said, “Today’s sentence holds the defendant accountable for his actions, which terrorized a former girlfriend and her 15-year-old son and nearly took her life. He also showed his blatant disregard for the rule of law by absconding during his trial. I am committed to seeking justice for all victims of domestic violence.”

The District Attorney identified the defendant as Muneshwar Bira, 37, of St. Albans, Queens. He was convicted of second-degree attempted murder, first-degree assault, and fourth-degree criminal possession of a weapon on July 10, 2023, following a bench trial before Brooklyn Supreme Court Justice Phyllis Chu. He was sentenced today to 21 years in prison and five years’ post-release supervision.

The District Attorney said that, according to the evidence, on June 4, 2021, at approximately 11 a.m., on East 21st Street in Flatbush, Brooklyn, the defendant broke into his 40-year-old ex-girlfriend’s basement apartment with a knife in hand. Upon first seeing his ex-girlfriend the defendant took the knife and tried to stab the victim about her head. The victim raised her forearm onto her head to protect it, causing the knife to lacerate her forearm and her forehead. The victim then fell to the floor. After one knife broke, the defendant proceeded to use two additional knives to stab the victim. She continued to fight for her life while calling out to her 15-year-old son for help.

The victim’s son called 911 and when the police arrived, according to the evidence, the defendant, the victim, and the apartment were covered in blood. The victim was taken to Kings County Hospital and treated for severe injuries, including a life-threatening injury to her right arm.

During his trial, on April 5, 2023, the defendant failed to return to court following an afternoon break and a bench warrant was issued for his arrest on April 10, 2023. He was picked up on the warrant in Florida and had to be extradited back to New York.

The case was prosecuted by Senior Assistant District Attorney Hannah Laufer, of the District Attorney’s Domestic Violence Bureau, with the assistance of 1st Deputy Bureau Chief Mark Pagliuco and Deputy Bureau Chief Lisa Perlman, under the supervision of Assistant District Attorney Kori Medow, Chief of the Domestic Violence Bureau.

 

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FOR IMMEDIATE RELEASE

Monday, July 31, 2023

Two Men Indicted for Repeatedly Raping a Child

One Defendant, Charged with Sex Trafficking of a Child, Allegedly Groomed
13-Year-Old Girl He Met on Social Media; Arranged for Her to Have Sex with Others

Brooklyn District Attorney Eric Gonzalez today announced that two men have been arraigned on a 57-count indictment in which they are variously charged with sex trafficking of a child, promoting prostitution, rape, and related charges for the alleged sex trafficking of a 13-year-old girl.

District Attorney Gonzalez said, “This is an incredibly disturbing case in which two middle-aged men are accused of exploiting a vulnerable child for their own gratification. I am committed to protecting our children from sexual exploitation and will now seek to bring the defendants to justice.”

The District Attorney identified the defendants as Kal Kirby, 43, of East Flatbush, Brooklyn and Jordan Shephard Burnham, 44, of Oak Bluffs, Massachusetts. Kirby is charged with sex trafficking of a child, first-, second-, third-, and, fourth-degree promoting prostitution, second- and third-degree rape, endangering the welfare of a child, use of a child in a sexual performance, possessing a sexual performance of a child, promoting a sexual performance of a child, second-degree unlawful surveillance of a child, and unlawful disclosure of an intimate image. Burnham is charged with second- and third-degree rape, endangering the welfare of a child, promoting a sexual performance by a child, possessing a sexual performance by a child, use of a child in a sexual performance, and aggravated patronizing a minor for prostitution in the second-degree.

Burnham was apprehended in Oak Bluffs, Massachusetts on July 20, 2023 and returned to New York on Friday, July 28, 2023. He was arraigned today before Brooklyn Supreme Court Justice Donald Leo, who set bail at $2 million bond or $1 million cash. The case was adjourned to August 24, 2023.

Kirby was arraigned on July 20, 2023 before Brooklyn Supreme Court Justice Rhonda Tomlinson. He was ordered held without bail and to return to court on August 24, 2023.

The District Attorney said that, according to the investigation, beginning in February 2022, the 13-year-old victim started communicating with Kirby on a social networking app called “Monkey” and then on Instagram. Shortly thereafter, it is alleged, they agreed to meet in person. Kirby allegedly sent a cab to pick up the victim at her Intermediate School and take her to his apartment. They allegedly played video games, ate fast food, and engaged in sexual intercourse. They continued to meet on a weekly basis through December 2022.

In September 2022, it is alleged, the victim went to Kirby’s apartment after school and there were four or five other men there. It is alleged that each of the men engaged in sexual intercourse with the victim, who felt that she couldn’t refuse and complied. She then left the apartment.

Furthermore, it is alleged, that on October 14, 2022, Kirby allegedly sent a photo of the victim in her underwear to Burnham and said he “had a young thing I wanted to introduce.” Burnham allegedly liked the image. On October 27, 2022, Kirby allegedly sent a naked video of the victim to Burnham and later set up a meeting for Burnham and the victim to engage in sexual intercourse.

Finally, it is alleged, between November 1, 2022 and December 23, 2022, Burnham and the victim engaged in sexual intercourse on three occasions. After the second time, he allegedly gave her a pair of headphones and after the third time, he allegedly gave her $200. In subsequent communications on Instagram, Burnham allegedly requested and received lewd photos of the victim.

In late December 2022, the victim disclosed what had been happening to her foster mother and police were notified.

The New York City Police Department investigation was led by Detective Liam O’Hara of the NYPD’s Human Trafficking Squad, under the supervision of Sergeant Robert Duplessis, Lieutenant Amy Capogna and Captain Thomas Milano.

The District Attorney thanked Police Chief Jonathan Searle, Lieutenant Nicholas Curelli and police officers from the Oak Bluffs, Massachusetts Police Department and the Cape and Islands District Attorney’s Office for their assistance with the investigation.

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

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

FOR IMMEDIATE RELEASE

Monday, July 10, 2023

Martense Beverly Bosses Gang Member Sentenced to 15 Years to
Life in Prison for Shooting Death of Rival Gang Member

Defendant Belonged to East Flatbush-based Gang, Was Convicted following Bench Trial;
Seventeen Co-Defendants in Conspiracy Case Pleaded Guilty to Various Charges

Brooklyn District Attorney Eric Gonzalez today announced that a Crown Heights man who was a member of the Martense Beverly Bosses gang based in East Flatbush has been sentenced to 15 years to life for the murder of a 20-year-old gang rival in 2017.

District Attorney Gonzalez said, “Today’s sentencing is the final disposition of a takedown of a gang that operated in Brooklyn with reckless disregard for life while hunting and shooting rivals. This defendant will now spend many years in prison for his callous actions that took the life of a young man and endangered many others.”

The District Attorney identified the defendant as Gymanni Carrington, 22, of Crown Heights, Brooklyn. The defendant was sentenced today by Brooklyn Supreme Justice Dineen Riviezzo to 15 years to life in prison plus a term of 12 to 24 years in prison, to run concurrently. He was convicted of second-degree murder, second-degree conspiracy, second-degree criminal possession of a weapon and fourth-degree conspiracy on June 26, 2023, after a bench trial. The defendant was indicted in June 2018 along with 17 co-defendants following a lengthy investigation into the violence committed by members of the Martense Beverly Bosses street gang. His co-defendants previously pleaded guilty to various charges.

The District Attorney said that on September 16, 2017, at approximately 4:25 a.m., the defendant murdered Donavan Frazier, 20, by shooting him as he was exiting Franklin’s Finest Deli at 790 Franklin Avenue in Crown Heights. Frazier was allegedly a Lincoln Fam gang member and a rival of the defendant’s gang. The defendant fired six shots from a .40 caliber handgun into the deli, striking Frazier once. The bullet entered his upper arm and reentered his torso, perforating his lungs and major blood vessels, causing his death.

The defendant was captured on surveillance video firing into the deli, according to the evidence. He claimed credit for the murder in calls recorded by the New York City Department of Corrections, on social media posts, and made admissions in emails to his mother just after the shooting, according to the evidence.

The defendant and his co-defendants were named in a 2018 indictment in which they were variously charged with conspiracy to commit murder, conspiracy to possess weapons, and other charges in connection with eight separate shootings, including two fatalities.

The evidence presented at trial included that during the conspiracy the defendant was a member of the Martense Beverly Bosses, which operated primarily in and around the East Flatbush section of Brooklyn. Between June 1, 2016 and June 14, 2018, during the course of the conspiracy, the evidence showed that the defendant engaged in conversations with incarcerated co-defendants and discussed shootings and other acts of violence between the gang and their rivals. Additionally, the evidence showed that the defendant and his co-defendants discussed the procurement and possession of firearms to further their goals of committing acts of violence against their rivals.

His co-defendants pleaded guilty to various charges including second- and fourth-degree conspiracy, first-degree manslaughter and criminal possession of a weapon and received various sentences ranging from one to three years to as many as 13 years in prison. One defendant was sentenced to probation.

The investigation was conducted by New York City Police Department Detective Sean Feliciano and Detective Veerana Ramayya, of the Gun Violence Suppression Division, under the supervision of Sergeant Richard Young and Lieutenant Richard Zacarese, and the overall supervision of former GVSD Commanding Officer James Essig, now Chief of Detectives.

The case was prosecuted by Assistant District Attorney Sabeeha Madni, First Deputy Chief of the District Attorney’s School Advocacy & Juvenile Crimes Bureau, and Assistant District Attorney Gillian DiPietro, Deputy Chief of the District Attorney’s Violent Criminal Enterprises Bureau, under the overall supervision of Assistant District Attorney Alfred De Ingeniis, Chief of the Violent Criminal Enterprises Bureau.

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