About Gary

FOR IMMEDIATE RELEASE

Tuesday, June 27, 2023

Brooklyn Man Sentenced to 35 Years to Life in Prison for Flatlands Shooting That Killed Gang Rival Sitting in Car with Girlfriend

At Least Nine Shots from Large Caliber Handguns were Fired into Vehicle

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been sentenced to 35 years to life in prison for a shooting that left a 21-year-old man dead. The defendant and his alleged accomplice opened fire into a car parked in Flatlands where the victim was sitting with his girlfriend. The victim managed to push his girlfriend out of the car before collapsing, shielding her from the gunfire.

District Attorney Gonzalez said, “This was a horrific and completely senseless act of violence unleashed upon two defenseless victims at pointblank range. Gang violence destroys too many young lives in Brooklyn and fighting against that remains my highest priority. I hope today’s prison sentence makes clear that those who terrorize our communities will face very serious consequences.”

The District Attorney identified the defendant as Tristan Murray, 30, of Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Heidi Cesare to 35 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 May 19, 2023, following a jury trial.

The case against the defendant’s alleged accomplice, Tarell Herbert, 29, also of Brooklyn, is pending trial. He is charged with second-degree murder, second-degree attempted murder, and related charges.

The District Attorney said that, according to the evidence, on September 2, 2016, at about 7 p.m., Anthony Francis, 21, was wrapping up a visit with his girlfriend in Flatlands, Brooklyn, when they entered his BMW, which was parked on the street. Francis and his girlfriend were seated in the vehicle when the defendant and his alleged accomplice drove up to the BMW at approximately 7:26 p.m. and opened fire from their passenger side window into the BMW.

Murray and his alleged accomplice were affiliated with the Folk Nation gang in Flatbush and were looking for rival gang members to shoot at the time of the incident, according to trial testimony. They spotted the victim, a member of the rival Woo gang based in Canarsie, and one of the defendants yelled “Woo, Woo, Woo,” which is a way that Woo members greet each other, according to trial testimony. Murray and his alleged accomplice then opened fire. The victim, who was struck in the chest, pushed his girlfriend out of the car just before he died. There were multiple .40 caliber and .45 caliber shell casings found at the scene and Francis’ BMW was riddled with .40 and .45 caliber bullets.

Murray was arrested a day after the shooting with a .45 caliber gun and, in the course of a lengthy investigation by the Brooklyn South Homicide Task Force and the Brooklyn District Attorney’s Office, that gun was traced to the homicide.

The District Attorney thanked Violent Criminal Enterprises Bureau Paralegals Diane Fields-Vernon and Tania Lopez and the Kings County Detective Investigators for their assistance on the case.

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

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FOR IMMEDIATE RELEASE

Monday, June 12, 2023

Connecticut Man Sentenced to 9 Years in Prison
For Assault Stemming from Attempted Carjacking

Defendant Injured Four People, Including Toddler, Then Attempted Second Carjacking

Brooklyn District Attorney Eric Gonzalez announced today that a Connecticut man has been sentenced to 9 years in prison for injuring four people, including a toddler, while attempting to carjack a vehicle in Coney Island. The defendant pleaded guilty to assault in April.

District Attorney Gonzalez said, “Keeping the people of Brooklyn safe is my top priority, and individuals like this defendant, who endangered so many people on a busy summer night in Coney Island, must face serious consequences. Today’s sentence holds him responsible for his actions and ensures he will not be able to harm others in our communities.”

The District Attorney identified the defendant as Kahlil Ivey, 26, of Waterbury, Connecticut. He was sentenced today by Brooklyn Supreme Court Justice Herbert Moses to 9 years in prison. The defendant pleaded guilty to first-degree assault on April 3, 2023.

The District Attorney said that, according to the investigation, on June 18, 2021, at approximately 10:30 p.m., in the vicinity of Surf Avenue and West 15th Street, a 43-year-old man was preparing to place his 2-year-old daughter and 18-month-old niece in the rear of his Chrysler when the defendant jumped into the driver’s seat and tried to steal the vehicle.

The victim then got into the backseat of the car and attempted to stop the defendant. As the two struggled, the defendant put the car in reverse and jumped the curb, striking and seriously injuring a woman, who suffered a brain injury. Two other women – the victim’s sister and fiancé – were also injured. Both suffered multiple abrasions about their arms and legs. The two-year-old suffered scratches about her head.

The defendant then attempted to carjack another vehicle, a Honda driven by a 19-year-old woman, by trying to drag her out of the car by her arms and ankles. Police were flagged down during the struggle and apprehended the defendant.

The case was prosecuted by Senior Assistant District Attorney Omar Harding, of the District Attorney’s Green Zone Trial Bureau, under the supervision of Assistant District Attorney Frank DeGaetano, Bureau Chief.

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FOR IMMEDIATE RELEASE

Friday, June 9, 2023

Brooklyn Man Indicted for Murdering Elderly Neighbor,
Stabbing One Woman and Attempting to Assault Another

Defendant Also Indicted for Punching Police Officer in the Face

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been arraigned on an indictment charging him with murder for the stabbing death of an 83-year-old man. The defendant was also indicted for assault and attempted assault in connection with three other incidents.

District Attorney Gonzalez said, “I am heartbroken that 83-year-old Ramon Cintron died in such a violent and horrifying way and my condolences go out to his family, friends and neighbors. We will now seek to hold the defendant responsible for the murder of Mr. Cintron, as well as the other alleged attacks with which he is charged.”

The District Attorney identified the defendant as Joevani Vale, 27, of Boerum Hill, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Vincent Del Giudice on an indictment in which he is charged with second-degree murder, second-degree assault, third-degree criminal possession of a weapon, third-degree attempted assault, second-degree harassment, third-degree attempted assault and fourth-degree stalking. He is being held without bail and was ordered to return to court on September 29, 2023.

The District Attorney said that, according to the investigation, on April 8, 2023, at approximately 12:47 p.m., a woman was walking in the vicinity of Third Avenue and Pacific Street in Brooklyn when the defendant allegedly began following her and asking if she was lost. She said she was not lost. The defendant allegedly continued to follow her, so she stopped to let him pass and he allegedly punched her in the shoulder.

Furthermore, it is alleged, that at approximately 1:25 p.m., in the vicinity of 134 Nevins Street, the defendant allegedly was walking behind a woman when he allegedly slashed her on the back of her thigh. She was treated at a local hospital.

At approximately 2:20 p.m., it is alleged, the defendant followed Ramon Cintron into an elevator at 185 Nevins Street, at the Wyckoff Gardens Housing Development, where they both resided, and took out a sharp object and allegedly stabbed the victim in the neck, torso, back and legs, approximately 30 times. When the victim tried to get out of the elevator when the doors opened, the defendant allegedly kicked the victim back into the elevator and fled.

The defendant was arrested on April 11, 2023. On April 12, 2023, at about 11:45 p.m., the defendant was in the psychiatric ward at Maimonides Medical Center and was being guarded by two New York City police officers. They escorted him to the bathroom and after he finished using the bathroom, he allegedly made a fist and punched one of the officers in the face.

The District Attorney thanked Homicide Paralegals Sarah Quashie and James Morales for their assistance on the case.

The case is being prosecuted by Senior Assistant District Attorney Robert Schwartz, of the District Attorney’s Homicide Bureau, under the supervision of Assistant District Attorney 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, June 8, 2023

Former NYPD Officer Sentenced to Eight Years in Prison
For Sexually Molesting a Child

Defendant also Convicted of Endangering the Welfare of Three Other Children

Brooklyn District Attorney Eric Gonzalez today announced that a former New York City Police Officer has been sentenced to eight years in prison for sexually assaulting a child and endangering the welfare of three other young girls.

District Attorney Gonzalez said, “This defendant’s abhorrent abuse of young children is an outrage and marks a shocking betrayal of the trust placed in a member of law enforcement. With today’s sentence he has been brought to justice and held accountable for his actions.”

The District Attorney identified the defendant as Shaun Frazier, 43, of Brooklyn. The defendant was sentenced today by Brooklyn Supreme Court Justice Donald Leo to eight years in prison followed by five years of post-release supervision. He pleaded guilty to one count of first-degree criminal sexual act and three counts of endangering the welfare of a child on March 13, 2023. The defendant must register as a sex offender upon his release from prison.

The District Attorney said that, according to the investigation, the defendant was a family friend of all four victims. The defendant joined the New York City police department in January 2015 and was suspended in 2019 following his first arrest. He resigned in November 2020. Prior to joining the NYPD, the defendant worked as a court officer for 10 years.

In one incident, on September 19, 2019, according to the investigation, the defendant exposed himself to a 10-year-old girl and masturbated in front of her.

In another incident, between March 20, 2018 and June 15, 2018, according to the investigation, the defendant repeatedly exposed himself and masturbated in front of two girls, ages 12 and 13.

Finally, in April 2017, according to the investigation, the defendant forced an 11-year-old girl to perform a sex act.

The investigation began after the children reported the incidents to their parents.

The case was prosecuted by Senior Assistant District Attorney Gwen Barnes, of the District Attorney’s Special Victims Bureau, and Assistant District Attorney Adam Libove, Deputy Chief of the District Attorney’s Public Integrity Bureau, under the supervision of Assistant District Attorney Miss Gregory, Chief of the Special Victims Bureau.

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FOR IMMEDIATE RELEASE

Tuesday, May 30, 2023

Staten Island Man Pleads Guilty to Anti-Jewish Assault

Punched Victim for Wearing IDF Hoodie; Will Be Sentenced to Jail and Probation

Brooklyn District Attorney Eric Gonzalez today announced that a Staten Island Man pleaded guilty to attempted assault as a hate crime for punching a Jewish man who was wearing a hoodie with the Israeli Defense Force (IDF) emblem. The defendant was promised a sentence of 60 days in jail and three years’ probation in exchange for his guilty plea.

District Attorney Gonzalez said, “Brooklyn’s diversity is our strength and we do not tolerate violence that’s motivated by bias against any religious or national identity. The hateful and unprovoked assault this defendant admitted to today left one victim hurt, but also shook an entire community. His conviction, jailtime and probation should send a message that this kind of intolerance has serious consequences.”

Scott Richman, Anti-Defamation League Regional Director for New York and New Jersey, said, “We are grateful to the Brooklyn District Attorney’s Office for securing a hate crime conviction in this case, sending a clear message that those who commit acts of hate-fueled violence, including based on a victim’s perceived associations, will be held accountable. ADL has documented how the Brooklyn Jewish community has been burdened with an outsized number of violent antisemitic incidents, and both law enforcement and the courts play a key role in responding and supporting communities in the wake of these attacks.”

The District Attorney identified the defendant as Suleiman Othman, 28, of Staten Island, NY. He pleaded guilty today before Brooklyn Supreme Court Justice Danny Chun to attempted third-degree assault as a hate crime in exchange for a promised sentence of 60 days in jail followed by three years’ probation. The defendant is scheduled to be sentenced on September 20, 2023.

The District Attorney said that, according to the evidence, on December 26, 2021, the victim, a 21-year-old Jewish man, was standing outside a Foot Locker on 86th Street in Bay Ridge, Brooklyn, wearing a green hoodie with a yellow IDF emblem. The defendant approached him in the street and stated: “Why do you support those dirty Jews? What are you doing in my neighborhood? You mess with the killers. If you don’t take off your hoodie, I’m going to punch you.”

When the victim refused, the defendant punched him twice in the face and threw a cup of iced coffee on him. He was treated at the scene for a laceration and swelling to the face. The defendant fled and was identified after being captured on multiple surveillance cameras. He turned himself in to police on January 11, 2022.

The case was prosecuted by Senior Assistant District Attorney Sharmalee Brooks-Gordon, of the District Attorney’s Hate Crimes Bureau, under the supervision of Assistant District Attorney Ari Farkas, Deputy Bureau Chief, and Assistant District Attorney Kelli M. Muse, Bureau Chief.

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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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