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FOR IMMEDIATE RELEASE

Monday, May 15, 2023

Brooklyn Man Sentenced to 18 Years in Prison Following Guilty Plea to Attempted Murder and Criminal Sexual Act

Defendant Broke into Marine Park House with Two Co-Defendants, Stabbed
Retired Police Lieutenant and Sexually Assaulted his Wife

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man was sentenced to 18 years in prison for breaking into a home in Marine Park in 2018 with two other people, duct taping the elderly residents and assaulting them.

District Attorney Gonzalez said, “This defendant violated the sanctity of this couple’s home and subjected them to unconscionable violence. With today’s lengthy sentence, he has now been brought to justice and the victims will be spared the anguish of a trial.”

The District Attorney identified the defendant as Tyrique Rushing, 25, of the Bronx. He was sentenced today by Brooklyn Supreme Court Justice Danny Chun to 18 years in prison and 15 years of post-release supervision. The defendant pleaded guilty to first-degree attempted murder, first-degree criminal sexual act and first-degree burglary on April 24, 2023. He must register as a sex offender upon his release from prison.

His co-defendants, Lance Jyrkenin, 25, and Shirnel Sobers, 30, previously pleaded guilty. Jyrkenin pleaded guilty to second-degree attempted murder, first-degree burglary and second-degree burglary on December 11, 2019 and was sentenced to 12 years in prison. Sobers pleaded guilty to first-degree burglary on September 12, 2022 and was sentenced to nine years in prison.

The District Attorney said that, according to the investigation, on September 24, 2018, at approximately 11:30 p.m., the defendants Jyrkenin and Sobers broke into the Marine Park home of a 72-year-old retired police lieutenant and his 71-year-old wife and stole cash and the victims’ Honda Civic. The vehicle was later found abandoned in lower Manhattan.

Furthermore, according to the investigation, on a second date, on October 8, 2018, at approximately 4 a.m., the defendants Jyrkenin and Sobers, along with defendant Rushing broke into the same home and tied up both victims, who were in separate bedrooms, using duct tape. Rushing forced the woman to perform a sex act and her husband was slashed on his head and face.

The defendants stole cash, a set of speakers, a Bank of America card and the Honda Civic.

The 72-year-old victim was treated for lacerations to his head and face and received 40 stitches. His wife was treated for bruising on her hands and wrists from the duct tape and underwent a sexual assault evidence collection kit.

Jyrkinen and Sobers were arrested on October 8, 2018, at approximately 10 p.m., outside of the Brooklyn Battery Tunnel inside of the victims’ Honda Civic. Rushing was arrested in Joplin, Missouri on October 18, 2018.

The District Attorney thanked Special Victims Bureau Paralegal Lucia Battaglia and DNA Specialist Susan Horan of the KCDA Forensic Science Unit for their assistance on the case.

The case was prosecuted by Assistant District Attorney Deborah Cohen, Counsel to the District Attorney’s Special Victims Bureau, Assistant District Attorney Ebonie Legrand, Deputy Chief of the SVB, and Senior Assistant District Attorney Chelsea Jacobi, also of the SVB, under the supervision of Assistant District Attorney Miss Gregory, Bureau Chief.

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FOR IMMEDIATE RELEASE

Monday, May 8, 2023

U-Haul Driver Indicted for Murder and Attempted Murder for Allegedly Intentionally Driving a Truck into Multiple Victims, Killing One Man and Injuring Others in Bay Ridge, Dyker Heights and Sunset Park

Defendant’s Alleged Rampage Ended When he was Boxed in by Police in Red Hook

Brooklyn District Attorney Eric Gonzalez today announced that a former Las Vegas, Nevada resident has been arraigned on an indictment in which he is charged with murder, attempted murder and assault for driving a U-Haul truck into 10 civilians, killing one, and for injuring two police officers.

District Attorney Gonzalez said, “This was a terrifying incident in which we allege that an innocent pedestrian and numerous cyclists were intentionally targeted and mowed down by this defendant, including a father of three who did not survive his injuries. We will now seek to bring the defendant to justice and to keep the streets of Brooklyn safe.”

The District Attorney identified the defendant as Weng Sor, 62, formerly of Las Vegas, Nevada. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on a 25-count indictment in which he is charged with second-degree murder, first- and second-degree attempted murder, first- and second-degree assault and first-degree attempted assault. The defendant was ordered held without bail and to return to court on May 31, 2023.

The District Attorney said that, according to the investigation, on February 13, 2023, between 10:20 a.m. and 11:05 a.m., at multiple locations, beginning at 55th Street and 4th Avenue in Sunset Park and concluding at 72nd Street and 3rd Avenue in Bay Ridge, according to witnesses and surveillance footage, the defendant was driving a U-Haul truck and struck numerous e-bike riders and a bicyclist and endangered pedestrians, motorists and people waiting to cross the street.

In addition, it is alleged, the defendant drove up on to the sidewalk and struck a pedestrian. During the course of the alleged rampage, he allegedly drove toward a police officer who was then struck and injured by an e-bike being dragged by the truck.

The defendant, who was being pursued by police, drove from Bay Ridge on the Brooklyn-Queens Expressway to Red Hook where he was boxed in and apprehended by police, at which time a police officer was struck by the vehicle and injured.

A civilian, YiJie Ye, a 44-year-old father of three, who was riding an e-bike and working for a food delivery service, died of head injuries after being struck in the vicinity of Bay Ridge Parkway and Fifth Avenue.

The other individuals that were struck suffered a variety of injuries including multiple rib fractures, a pelvic fracture, broken legs, injury to the head, ankle, and knee. Additionally, several of the victims required surgery as a result of their injuries.

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

The case is being prosecuted by Senior Assistant District Attorney Joseph Mancino of the District Attorney’s Homicide Bureau and Assistant District Attorney Alicia Trujillo of the District Attorney’s Blue Zone Trial Bureau, under the supervision of Assistant District Attorney Leila Rosini, Chief of the Homicide Bureau.

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

 

FOR IMMEDIATE RELEASE

Monday, April 17, 2023

Brooklyn Residents Indicted for Making and Selling Fake OSHA and Buildings Department Safety Cards

Allegedly Sold Dozens of Counterfeit Safety and Training Certifications to New York Construction Workers Who Never Received the Required Training

Brooklyn District Attorney Eric Gonzalez, together with the New York City Department of Investigation Commissioner Jocelyn E. Strauber, today announced that a 42-year-old woman and the owners of two Brooklyn companies that allegedly provide jobsite safety training and certification have been arraigned on separate indictments charging them with making and selling dozens of fake safety cards to New York construction workers who never received the required training.

District Attorney Gonzalez said, “Evading regulations that ensure worksite safety training and certification is inexcusable and puts people’s lives at risk. Today’s indictments should send a strong message that when alleged fraudsters offer dangerous shortcuts, or attempt to profit by getting around safety requirements, they will face serious repercussions. I thank DOI for their continued cooperation in investigating corruption cases.”

Commissioner Strauber said, “As charged, these defendants made and sold illegitimate documents that purported to certify construction workers had the required training when in fact they did not. City and federal agencies’ construction safety rules are not optional, and promoting work-arounds to rigorous courses and programs designed to ensure worker safety can and does lead to dangerous and tragic results. I thank the NYCHA employee who prompted this investigation by reporting discrepancies regarding a contractor’s safety card to DOI. And I thank District Attorney Gonzalez and his team for their continued partnership on investigating these important cases that hold accountable anyone who undercuts construction safety in New York City.”

The District Attorney identified the defendants as Latecia Moore, 42, of Bedford Stuyvesant, Brooklyn; Alex Kaushanskiy, 35, of Sheepshead Bay, Brooklyn; and Benedetto Bonello, 35, of Bensonhurst, Brooklyn. Moore is charged with ten counts of second-degree criminal possession of a forged instrument, two counts of second-degree forgery, and four counts of first-degree falsifying business records. Kaushanskiy and his company, Odessa Safety, Inc., are charged with three counts of second-degree criminal possession of a forged instrument and three counts of first-degree falsifying business records. Bonello and his company, National Site Safety LLC, are charged with two counts of second-degree criminal possession of a forged instrument. Defendants Kaushanskiy and Bonello are authorized OSHA trainers but, according to the investigation, did not provide the required trainings.

Bonello was arraigned today before Brooklyn Supreme Court Justice Danny Chun. He was released without bail and ordered to return to court on June 14, 2023. Moore and Kaushanskiy were arraigned on April 13, 2023 before Justice Chun. They were released without bail and ordered to return to court on June 13, 2023 and June 14, 2023, respectively.

The District Attorney said the investigation began in November 2021 after NYCHA reported to DOI that it had identified construction safety cards with discrepancies as part of a routine check.

Workers on larger and more complex construction projects requiring permits by the City’s Department of Buildings (DOB) are required to take safety courses approved by the U.S. Occupation Safety & Health Administration (OSHA) and are required to carry a card reflecting that certification. OSHA provides for the issuance of a 10-hour training certification for entry-level workers and a 30-hour training certification for safety managers and coordinators.

Additionally, under Local Law 196 of 2017, New York City requires additional safety certifications for some construction workers, including the Site Safety Training certification (SST) for workers and supervisors. An SST card for workers can be earned by completing the OSHA 30-hour training program plus 10 additional hours of training. An SST card for supervisors can be earned by completing the OSHA 30-hour training program plus 32 additional hours of training that includes courses in fall prevention, scaffolding, drug and alcohol awareness, and site safety. The SST card contains a QR code, which, when scanned, displays a photograph of the holder, the SST ID number and other information regarding the training the cardholder has completed.

As part of the investigation, DOI executed a search warrant at Moore’s workplace and recovered computers, a card printer, and various counterfeit OSHA and SST cards. It is alleged Moore manufactured fake cards which were later sold to customers for between $200 and $650 per card. DOI also made an undercover purchase of a fraudulent OSHA-30 card and another type of fraudulent card from Bonello at his company, National Site Safety. Furthermore, according to the investigation, DOI conducted undercover buys of phony OSHA and SST cards from Odessa Safety. The undercovers were instructed to complete paperwork such as course attendance sheets and evaluation forms without having to attend any actual classes.

At DOI, the investigation was conducted by Deputy Inspector General Gregory Deboer, under the supervision of Inspector General for NYCHA Ralph M. Iannuzzi, Deputy Commissioner/Chief of Investigations Dominick Zarrella and First Deputy Commissioner Daniel G. 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 Tammy Chung, also of the PIB, under the supervision of 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 the Investigations Division.

 

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

 

FOR IMMEDIATE RELEASE

Monday, April 10, 2023

Crown Heights Man Indicted for Sex Trafficking of 19-Year-Old Girl

   Defendant Also Allegedly Assaulted the Victim and Another Woman

  Brooklyn District Attorney Eric Gonzalez today announced that a Crown Heights man has been arraigned on an indictment in which he is charged with sex trafficking, promoting prostitution, assault and other charges for the alleged sex trafficking and assault of a teenager as well as the assault of a 40-year-old woman.

  District Attorney Gonzalez said, “This defendant’s allegedly violent and exploitative abuse of women for profit shocks the conscience and we are committed to seeking justice on behalf of the victims and anyone impacted by human trafficking. We have no tolerance for this kind of reprehensible conduct in Brooklyn and will continue our vigorous and multi-pronged efforts to protect the most vulnerable.”

  The District Attorney identified the defendant as Samuel Tucker, 39, of Crown Heights, Brooklyn. He was arraigned Friday afternoon before Brooklyn Supreme Court Justice E. Niki Warin on a 27-count indictment in which he is charged with sex trafficking, second-, third- and fourth-degree promoting prostitution, second- and third-degree assault, second-degree attempted assault, first-, second- and third-degree coercion, and fourth-degree criminal possession of a weapon. If convicted of the top count, he is facing a maximum sentence of 25 years in prison and will be required to register as a sex offender. The defendant was ordered held on bail of $200,000 cash or $750,000 bond and to return to court on May 10, 2023.

  The District Attorney said that, according to the investigation, the 19-year-old victim was homeless and living in a shelter in Brownsville when she was introduced to the defendant, who allegedly enticed her with promises of cash and drugs if she would engage in prostitution for him. The victim allegedly moved into the defendant’s apartment in Crown Heights, where she slept on an air mattress in the living room and allegedly engaged in prostitution in the bedroom with dates that the defendant arranged for her. He also allegedly posted photos of her on in a prostitution advertisement on OneBackpage.com.

  The defendant allegedly instructed her how much to charge and all the money she earned was immediately turned over to him.

  It is alleged that on one occasion, the defendant allegedly beat her with a can of corn that he placed in a sock, hitting her about the body repeatedly and causing bruises to her chest and back. In another instance, it is alleged, the defendant heated a spoon using the burners on the stove and then held it to her feet, burning her.

  On another occasion, it is alleged, the defendant allegedly hogtied another woman, age 40, who was also engaging in prostitution for the defendant, and placed her in a hotel room bathtub filled with scalding hot water and repeatedly held her head beneath the water in the presence of the 19-year-old victim.

  In another instance, the defendant allegedly forced the 19-year-old victim to watch as he beat the 40-year-old victim about the head and body with a firearm. He then instructed her to clean and bandage the older woman’s wounds.

  On January 18, 2023, the victim allegedly ran away from the defendant and contacted the New York City Police Department.
The New York City Police Department investigation was led by Detective Paul Mastronardi of the NYPD’s Human Trafficking Squad, under the supervision of Sergeant Robert Duplessis, Lieutenant Amy Capogna and Captain Thomas Milano.

        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 and HTU Social Worker Kirsty Carroll, and 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

Wednesday, March 29, 2023

Couple Sentenced for Stealing Identity of Army Veteran,
Applying for Benefits and Bail Jumping; Ordered to Pay $35,000 Restitution

Defendants Sentenced to Five Months in Jail,
Victim of the Scheme is the Ex-Husband of the Female Defendant

 

Brooklyn District Attorney Eric Gonzalez and New York City Department of Investigation Commissioner Jocelyn E. Strauber today announced that a man and woman have been sentenced to five months in jail and five years’ probation for using the identity of a U.S. Army veteran to apply for government benefits, including through the Veterans Administration, for Section 8 housing in Brooklyn.

District Attorney Gonzalez said, “Today’s sentence holds the defendants accountable for stealing the identity of a U.S. Army veteran and receiving benefits to which they were not entitled. Thanks to the hard work of my prosecutors and our law enforcement partners, we were able to restore this veteran’s good name.”

Commissioner Strauber said, “These defendants preyed upon a U.S. Army veteran, stealing his identification to fraudulently obtain government benefits that included more than $35,000 in rent subsidies for their New York City Housing Authority apartment. Today’s sentence shows that committing identity theft to steal public funds has serious consequences, and I thank the Brooklyn District Attorney’s Office for prosecuting this case.”

The District Attorney identified the defendants as Kevin Middleton, 41, and Tonni Chapman, 50, formerly of Brooklyn. They were sentenced today by Brooklyn Supreme Court Justice Danny Chun to five months in jail and five years’ probation. The judge also executed a Judgment Order of Restitution in the amount of $34,399 for which the defendants are jointly liable. On March 15, 2023, Middleton pleaded guilty to first-degree identity theft and second-degree bail jumping and Chapman pleaded guilty to first-degree offering a false instrument for filing and second-degree bail jumping.

The District Attorney said that, according to the investigation, in February 2018, Kevin Middleton posed as Kevin Chapman and obtained a non-driver’s license identification card from the South Carolina Department of Motor Vehicles in Kevin Chapman’s name. The I.D. card was issued in Chapman’s name and with his date of birth, but with Middleton’s photograph.

Middleton also obtained a replacement Social Security card in Chapman’s name under his Social Security number, and he forged Chapman’s signature onto the card. The defendant also obtained a New York State identification card in Chapman’s name, but with the defendant’s photograph.

Furthermore, the defendant posed as Kevin Chapman in May 2018 and went to the United States Department of Veterans Affairs office in Manhattan and applied for a replacement VA card in Kevin Chapman’s name. He used the fraudulently obtained non-driver’s license, NYS I.D. card and Social Security card as proof of identity. A replacement VA card was mailed to the defendant in Brooklyn, with his photo and Kevin Chapman’s name and date of birth on it.

Kevin Chapman, the victim in this case, is a U.S. Army veteran and the former husband of defendant Tonni Chapman.

The defendants applied for benefits pursuant to the Supplemental Nutrition Assistance Program (SNAP) using Kevin Chapman’s identity and received approximately $1,000 in benefits from May 31, 2018 and January 13, 2020.

The defendants, using Kevin Chapman’s identity, received social services from the VA to which they were not entitled while living in a homeless shelter. In approximately September 2018, social workers from the VA assisted Middleton with his application for Section 8 housing, in Kevin Chapman’s name, which the New York City Housing Authority expedited because of his status as a military veteran. The application was granted and in November 2018 the couple moved into the apartment and the U.S. Department of Housing and Urban Development paid more than $35,000 to subsidize the defendant’s rent at the Boulevard Houses in East New York.

Furthermore, on June 8, 2019, police went to the apartment in response to a 911 call involving a domestic dispute and were told by Tonni Chapman that her assailant (who was not home at the time) was Kevin Chapman. The next day, the police returned to the apartment and arrested Kevin Middleton, who was posing as Kevin Chapman. When he failed to appear in court in July 2019, a bench warrant was issued for Kevin Chapman.

In 2021, following an investigation, the defendants were indicted in connection with the impersonation of Kevin Chapman and they were arrested. After failing to appear in late 2022, the defendants were arrested in Honolulu, Hawaii on January 24, 2023 and charged with bail jumping. They were returned to Brooklyn on February 9, 2023.

The case was investigated by Senior Assistant District Attorney Joseph DiBenedetto of the District Attorney’s Frauds Bureau and Detective Investigators from the District Attorney’s office, who located and apprehended the defendants.

The District Attorney thanked the U.S. Department of Veterans Affairs Office of the Inspector General for their assistance with the case.

At DOI, the investigation was conducted by Chief Investigator Robert Joyce, Assistant Inspector General Briglantina Bujaj and Deputy Inspectors General J. Graham Forbes and Jeremy Reyes, under the supervision of Senior Inspectors General John Bellanie and Ralph Iannuzzi, Deputy Commissioner/Chief of Investigations Dominick Zarrella and First Deputy Commissioner Daniel G. Cort.

The case was prosecuted by Senior Assistant District Attorney Joseph DiBenedetto of the of the District Attorney’s Frauds Bureau, under the supervision of Assistant District Attorney Gregory Pavlides, Chief of the Frauds Bureau, 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 the Investigations Division.

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FOR IMMEDIATE RELEASE

Tuesday, March 14, 2023

Manhattan Man Indicted for Murder of Off-Duty Police Officer
During Attempted Robbery in East New York

Defendant Allegedly Lured Victim to Scene
By Advertising Car for Sale on Facebook Marketplace

 

Brooklyn District Attorney Eric Gonzalez today announced that a Manhattan man has been arraigned on an indictment in which he is charged with murder, attempted robbery and other charges for fatally shooting an off-duty police officer who went to East New York to purchase a vehicle. He has also been indicted for a second robbery under similar circumstances.

District Attorney Gonzalez said, “Police Officer Adeed Fayaz’ death is a terrible and tragic loss for his family, friends, NYPD colleagues, and the public he selflessly served. My thoughts are with all who are grieving his loss and my office will vigorously seek justice on his behalf.”

The District Attorney identified the defendant as Randy Jones, 38, of East Harlem, New York. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which he is charged with first- and second-degree murder, first-degree attempted robbery, second-degree criminal possession of a weapon, first-degree robbery and third-degree grand larceny. The defendant is being held without bail and was ordered to return to court on May 17, 2023. He faces up to life in prison without the possibility of parole if convicted of the top count.

The District Attorney said that, according to the investigation, on February 4, 2023, at approximately 7 p.m., in the vicinity of 452 Ruby Street, in East New York, Brooklyn, Officer Fayaz and his brother-in-law proceeded to meet with the seller of a Honda Pilot advertised for $24,000 on Facebook Marketplace. They left the cash in Officer Fayaz’ car.

It is alleged that the defendant, who advertised the vehicle and arranged the meeting, pulled a gun and demanded money. When told they didn’t have the money, the defendant allegedly shot Officer Fayaz in the head and fled. The brother-in-law grabbed Officer Fayaz’ gun and engaged in a gun battle with the defendant, who fled the scene.

Officer Fayaz, 26, was taken to Brookdale Hospital and was pronounced dead on February 7, 2023.

The defendant was apprehended by police in a hotel in Rockland County on February 7, 2023.

The defendant was also indicted for another incident that occurred on January 13, 2023, for allegedly luring another person to the same location after advertising a Honda Odyssey for sale on Facebook Marketplace. When the buyer arrived at the scene, the defendant allegedly pulled a gun and demanded money, robbing him of approximately $18,000.

The District Attorney thanked Homicide Paralegals Jannette Ayala and Amanda Connolly for their assistance on the case.

The case is being prosecuted by Assistant District Attorney Leila Rosini, Chief of the District Attorney’s Homicide Bureau, and Senior Assistant District Attorney Matthew Midey, also of the Homicide Bureau.

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

 

FOR IMMEDIATE RELEASE

Wednesday, March 8, 2023

Brooklyn Man Indicted for Kidnapping Woman
And Fatally Setting Her on Fire

Defendant Allegedly Accused Victim of Stealing and
Selling His Comic Books Before Killing Her

 

Brooklyn District Attorney Eric Gonzalez today announced that a 28-year-old Brooklyn man has been arraigned on an indictment in which he is charged with first- and second-degree murder, kidnapping and other charges for allegedly tying a woman to a chair and fatally lighting her on fire inside an apartment in Cypress Hills. The defendant was allegedly captured on camera buying twine, a lighter, and lighter fluid at a nearby bodega shortly before the attack.

District Attorney Gonzalez said, “The brutal and completely senseless murder of an innocent woman, allegedly perpetrated by this defendant, shocks the conscience. This kind of depraved conduct will not be tolerated in Brooklyn, and we are committed to seeking justice on behalf of the victim and her loved ones.”

The District Attorney identified the defendant as Lashawn Duffie, 28, of Cypress Hills, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which he is charged with first- and second-degree murder, first-degree kidnapping and second- and third-degree robbery. He was remanded without bail and ordered to return to court on May 3, 2023. The defendant is facing a maximum sentence of life in prison without the possibility of parole if convicted of the top count.

The District Attorney said that, according to the investigation, on November 11, 2022, at approximately 12:30 a.m., outside an apartment located at Livonia Avenue in Cypress Hills, the defendant accused his former girlfriend Surgery Ramirez, 40, of stealing and selling his comic books. According to the investigation, the defendant then went to a bodega around the corner where video surveillance shows him allegedly buying twine, lighter fluid, and a lighter with cash he allegedly stole earlier from Ramirez’s friend.

Furthermore, according to the investigation, at approximately 3:50 a.m., the defendant returned to Ramirez’s apartment and allegedly assaulted her. It is alleged the defendant tied Ramirez to a chair with twine, poured lighter fluid over her, lit a match, and left the victim to burn alive. The defendant was captured on camera after the attack allegedly throwing his shirt, a lighter, and documents bearing the victim’s name into a dumpster. Firefighters responded to the scene and found the victim’s burned body. The New York City Medical Examiner later determined she died of severe burns and homicidal violence.

The defendant was arrested on January 24, 2023.

The case is being prosecuted by Senior District Attorney Evan Hannay of the District Attorney’s Homicide Bureau, with the assistance of Senior District Attorney Matthew Midey, also of the Homicide Bureau, under the supervision of Leila Rosini, Bureau Chief.

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

 

FOR IMMEDIATE RELEASE

Thursday, March 2, 2023

Construction Company Operator and Foreperson Convicted in
Connection With Laborer’s Death in Brooklyn Wall Collapse

Ignored Workers’ Safety Concerns, Industry Protocols, and Concerns
Expressed by Adjacent Property Owners; Victim Was Buried Under Debris

Brooklyn District Attorney Eric Gonzalez, together with New York City Department of Investigation Commissioner Jocelyn E. Strauber, and New York City Department of Buildings Acting Commissioner Kazimir Vilenchik, today announced that the operator of a Sunset Park construction company has been convicted at trial of criminally negligent homicide, tax fraud and other charges, and a foreperson at the site was convicted of criminal mischief in connection with an excavation wall collapse that killed a construction worker, Luis Almonte Sanchez, who was buried under thousands of pounds of debris.

District Attorney Gonzalez said, “Today’s verdict should send a strong message that when contractors cut corners and put their workers’ safety at risk – they will face serious and criminal repercussions. The death of Luis Almonte Sanchez was a preventable tragedy that would have been avoided if the operator of the construction site followed all safety protocols or heeded warnings about unsafe conditions.”

Commissioner Strauber said, “A worker was needlessly crushed to death by tons of debris because a construction company operator responsible for the construction site chose to ignore basic safety protocols and repeated warnings about the dangers at the site. Today’s conviction, along with the convictions of other defendants in this case, delivers the strong message that failure to follow construction safety laws has serious consequences. DOI thanks the Brooklyn District Attorney’s Office, the City Buildings Department and the Occupational Safety and Health Administration for their partnership on this important investigation and successful prosecution.”

Acting Commissioner Vilenchik said, “The death of Luis Almonte was tragic and preventable. This incident is a painful reminder that cutting corners on a construction site and ignoring safety regulations can have dire consequences. Pursuing criminal charges in response to construction-related fatalities sends an important message to the entire industry – endangering the lives of workers and the public will not be tolerated. I commend the Brooklyn DA’s Office for their efforts in this important case.”

The District Attorney identified the defendants as Jiaxi “Jimmy” Liu, 49, and Wilson Garcia Jr., 48, both of Staten Island. Following a non-jury trial, Liu was convicted today by Brooklyn Supreme Court Justice Danny Chun of criminally negligent homicide, first-degree offering a false instrument for filing, fraudulent practices in violation of worker’s compensation laws, fourth-degree city criminal tax fraud, and related counts; and Garcia was convicted of fourth-degree criminal mischief. Liu is facing a maximum sentence of eight to 16 years in prison and Garcia is facing up to one year in jail when they are sentenced on April 26, 2023. Two codefendants previously entered guilty pleas: Jia Rong “Tommy” Liu, 52, of Brooklyn, to petit larceny, and Cindy Chai, 45, of Staten Island, to tax fraud.

The District Attorney said that, according to the evidence, between April and September 2018, construction workers employed by WSC Group Inc., owned by Liu, performed demolition, excavation and foundation work at a construction site at 714 39th Street in Sunset Park. The construction involved removing a one-story industrial building and replacing it with a four-story manufacturing and community facility, including a new cellar level that would serve as an underground garage approximately nine feet below the first-floor level.

Despite warnings of dangerous conditions at the site from workers and adjacent property owners, Liu refused to stop work at the site. On September 12, 2018, at approximately 2 p.m., a portion of a support of excavation system (SOE) and an existing masonry wall – adjacent to residential apartment buildings – collapsed, trapping one of the construction workers who was performing foundation work in the immediate vicinity. That worker, Luis Almonte Sanchez, 47, an employee of WSC Group, was struck by one of the underpinning pin sections, which weighed well more than 15,000 pounds and was buried under the collapsing debris. First responders couldn’t recover Sanchez’s body until the following day due to unstable conditions at the site, which were worsened by significant rain.

The District Attorney said that the evidence showed that Liu ran WSC Group, the company hired to perform the excavation work and it was his responsibility to give instructions to the foreperson and workers. Garcia served as the foreperson and “competent person,” designated to identify hazards and take immediate action to correct the hazards on site.

According to the evidence, the defendants were obligated by law to ensure that the construction site was in compliance with regulations promulgated by the DOB and Occupational Safety and Health Administration to ensure the safety of the work site, but, in fact, the site was not in compliance and, furthermore, the defendants failed to follow the design plans submitted and approved by the DOB. They solicited new plans, which were not submitted to DOB, but ultimately didn’t follow any plans, leading to hazardous conditions at the site. Among the issues: the underpinning system wasn’t installed properly; and safe bracing procedures were not followed.

Furthermore, in the days prior to September 12, 2018, Liu was informed of a number of potentially dangerous conditions, including that the rear wall was moving forward and that some support was needed in order to stop the wall’s movement. He was also notified by a resident who lived immediately adjacent to the rear wall that her patio and garage had caved in. But, despite those warnings, Liu refused to direct the workers to install additional bracing and never halted work at the site in order to assess or remedy the conditions. Nor did he notify DOB about the conditions.

Instead, he ordered workers to continue working on the underpinning at the rear of the site and in the days immediately preceding the collapse allowed a trucking company to continue to remove truckloads of dirt during a heavy rainstorm, further destabilizing the site and contributing to the fatal collapse.

In addition, WSC defrauded the New York State Insurance Fund by making false statements about who it was employing, and also committed tax fraud by failing to file taxes between 2015 and 2018.

The case was investigated by DOI, specifically the late Investigative Inspector Ross Hoffman, Chief Investigator James McElligott and Special Investigator Alejandra Gomero, under the supervision of Inspector General Gregory Cho, Deputy Commissioner/Chief of Investigations Dominick Zarrella and First Deputy Commissioner Daniel Cort, with assistance from DOI’s squad of NYPD Detectives.

DOB Executive Engineer for Engineering Services Geoff Eisele and Assistant Chief Inspector Greg Gonzalez assisted in the investigation. New York State Insurance Fund Investigator Maliaka Williams, Division of Confidential Investigations and OSHA Safety Engineer Mitchel Konca and Safety Engineer James Ng, also assisted in the investigation.

The New York City Sheriff’s Bureau of Criminal Investigation’s Tax Auditor Giselle Decamps-Guthrie and Bureau Chief Gary Wong assisted in the investigation.

The case is being prosecuted by Assistant District Attorney Francis Longobardi, Special Counsel at the Brooklyn District Attorney’s Fraud Bureau, and Senior Assistant District Attorney Yuri Zanow, of the District Attorney’s Investigations Division, under the supervision of Assistant District Attorney Gregory Pavlides, Chief of the District Attorney’s Fraud Bureau, and Assistant District Attorney Michel Spanakos, Deputy Chief of the District Attorney’s Investigations Division, and the overall supervision of Assistant District Attorney Patricia McNeill, Chief.

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FOR IMMEDIATE RELEASE

Thursday, March 2, 2023

Man Sentenced to 20 Years in Prison for Rape of Woman Near Prospect Park

Defendant Grabbed the Victim as She Walked Home,
Sexually Assaulted Her Multiple Times

Brooklyn District Attorney Eric Gonzalez today announced that a 32-year-old man has been sentenced to 20 years in prison for sexually assaulting a woman in the early morning hours of November 18, 2018, after approaching her from behind and putting her in a chokehold. The defendant was convicted on December 15, 2022 following a jury trial.

District Attorney Gonzalez said, “Keeping our streets safe from violent sexual predators is a top priority and I am committed to seeking justice for victims of sexual assault. This was a vicious, life-altering attack that profoundly affected the victim and her family. It took great courage for her to testify at trial and ensure that this defendant would be held accountable for his actions.”

The District Attorney identified the defendant as Mowngly Lucas, 32, who was living in a Queens homeless shelter at the time of his arrest. He was sentenced today to 20 years in prison and 15 years’ post-release supervision by Brooklyn Supreme Court Justice Heidi Cesare. He must also register as a sex offender upon his release from prison. The defendant was convicted of first-degree rape, third-degree burglary as a sexually motivated felony, third-degree robbery, second-degree unlawful imprisonment, and fourth-degree criminal mischief following a jury trial.

The District Attorney said that, according to the investigation, on November 18, 2018, at approximately 5 a.m., the victim, who was 59 years old at the time of the attack, was walking on Parkside Avenue at Parade Place when she was grabbed from behind by the defendant, who put her in a chokehold and told her he had a gun and a knife.

The defendant then dragged the woman to a bench across the street from Prospect Park and told the victim to pull down her pants and lie on the ground and then he raped her. Furthermore, the defendant then dragged her over to a white commercial van parked on Parkside Avenue and raped her again.

Finally, the defendant put his arm around the victim’s neck, causing her to have difficulty breathing. He then broke a window on the van and demanded that the victim get into the van. He then entered the van, sexually abused the victim and raped her a third time. He then stole money from her purse and fled.

The defendant was arrested by New York City Police Department detectives assigned to the Brooklyn Special Victims Squad on November 28, 2018, following an investigation.

The District Attorney thanked Paralegal Supervisor Melissa Palmaccio of the Special Victims Bureau and Lawrence Washington, of the DA’s Multimedia Services Unit, for their assistance on the case.

The case was prosecuted by Assistant District Attorney Linda Weinman, Counsel to the District Attorney’s Special Victims Bureau and Senior Assistant District Attorney Sapna Kishnani, also of the Special Victims Bureau, under the supervision of Assistant District Attorney Miss Gregory, Bureau Chief.

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FOR IMMEDIATE RELEASE

Wednesday, March 1, 2023

Disbarred Lawyer Sentenced to 1 to 3 Years in Prison for
Embezzling Approximately $575,000 from Brooklyn Clients

Defendant Also Stole Approximately $96,000 in COVID-19 Relief Funds

Brooklyn District Attorney Eric Gonzalez today announced that a former attorney from New Jersey has been sentenced to one to three years in prison for stealing approximately $575,000 in settlement funds from two dozen of his clients in Brooklyn as well as approximately $96,000 in COVID-19 relief funds. The defendant, who has since been disbarred, pleaded guilty to second- and third-degree grand larceny in December 2022.

District Attorney Gonzalez said, “This defendant repeatedly violated his oath as an attorney and betrayed the trust of his clients by pocketing hundreds of thousands of dollars in settlement money and COVID-19 relief funds to which he was not entitled. Criminal conduct in the legal profession is unacceptable, and today’s sentence sends a strong message that it will be prosecuted vigorously by my Office. I would like to thank the Lawyers’ Fund for reimbursing the victims in this case and for the work it does to restore trust.”

Michael J. Knight, Executive Director of the Lawyers’ Fund for Client Protection said: “The theft of law client money is not only a crime, but a profound violation of the trust placed in lawyers. On behalf of the over 351,000 members of New York’s legal profession, the Lawyers’ Fund strives to restore that trust by reimbursing the financial harm caused by the statistically few in our profession who cause such losses. The New York Lawyers’ Fund is tremendously grateful to the Kings County District Attorney’s office for its invaluable assistance to our Fund in making meaningful restitution to the victimized law clients of Mr. Herbert.”

The District Attorney identified the defendant as Raleigh Douglas Herbert, 61, of Chatham, New Jersey. He was sentenced today before Brooklyn Supreme Court Justice Danny Chun to one to three years in prison. The defendant pleaded guilty to second- and third-degree grand larceny as well as first-degree scheme to defraud on December 16, 2022.

The District Attorney said that, according to the evidence, from 2015 to 2021, the defendant, who handled wrongful arrests and personal injury cases against New York City, embezzled approximately $493,000 from 16 of his clients in Brooklyn by depositing checks received from negotiated settlements into his attorney escrow account.

To conceal these thefts, the defendant lied to his clients about why they did not receive the money, which included blaming COVID-19 related court closures or claiming that the victims had liens that prevented him from paying them when no such liens existed. The defendant spent much of the embezzled funds on various personal expenses and unrelated debts.

Furthermore, according to the evidence, the defendant stole approximately $96,000 by filing fraudulent loan applications through the COVID-19 Paycheck Protection Program (PPP) run by the U.S. Small Business Administration.

The defendant was arrested on February 1, 2022, and again on May 2, 2022, under two separate indictments which were then combined. The defendant was arrested for a third time, on December 7, 2022, on a felony complaint charging him with stealing approximately $77,000 from eight additional clients who came forward following his second arrest.

The defendant was suspended from practicing law in New York State in March 2021, but continued to represent a client in a wrongful death lawsuit against the New York City Police Department. The defendant did not tell the client – who was set to receive a $750,000 settlement – he had been suspended.

The defendant was disbarred in June 2022.

To date, the Lawyers’ Fund for Client Protection of the State of New York has reimbursed a total of approximately $470,000 to 16 of the defendant’s victims.

The case was prosecuted by Senior Assistant District Attorney Jake A. Nasar of the District Attorney’s Organized Crime and Racketeering Bureau and Assistant District Attorney Adam Libove, Deputy Chief of the District Attorney’s Public Integrity Bureau, under the supervision of Assistant District Attorney Laura Neubauer, Chief of the Public Integrity Bureau, and Assistant District Attorney Christopher Blank, Chief of the Organized Crime and Racketeering Bureau, 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 the Investigations Division.

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