About Gary

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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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.