Staten Island Man Convicted of Assault in Borough Park

FOR IMMEDIATE RELEASE

Wednesday, August 31, 2022

 

Staten Island Man Convicted of Assault in Borough Park

Targeted Three Jewish Men During Unprovoked Spree, Caught on Video

Brooklyn District Attorney Eric Gonzalez today announced that a 41-year-old Staten Island man has been convicted of charges of felony attempted assault, misdemeanor assault and menacing for a 2018 unprovoked attack against three Jewish men wearing Hasidic clothing that took place in Borough Park.

District Attorney Gonzalez said, “This defendant’s violent conduct has no place in Brooklyn, where we value diversity and welcome all religions. He has now been held accountable and today’s verdict should send a strong message to anyone who would commit this kind of outrageous and unprovoked attack.”

The District Attorney identified the defendant as Farrukh Afzal, 41, of Mariners Harbor, Staten Island. He was convicted today of second-degree attempted assault, third-degree assault and third-degree menacing following a jury trial before Brooklyn Supreme Court Justice Evelyn Laporte. He was acquitted of hate crime enhancements that were attached to each of those three counts. The defendant faces up to four years in prison when he is sentenced on September 15, 2022.

The District Attorney said that, according to the evidence, on October 14, 2018, at approximately 7:25 a.m., the defendant was driving a cab on 13th Avenue and 44th Street in Borough Park, Brooklyn. As he drove past a Hasidic man, the defendant allegedly swerved his car as if to hit him, causing the man to run away so he wouldn’t get struck.

Furthermore, according to evidence that included video surveillance footage, the defendant then sped up, drove for another block and a half and stopped. He got out of his cab and ran towards another Hasidic man, 62, who was standing at the corner of 13th Avenue and 46th Street. The defendant allegedly struck the victim, who ran, and chased him into the intersection, where he continued to beat and body-slam him, causing lacerations and bruising to the face and body. As the defendant ran towards the victim, he did not attack a delivery man who was not wearing Hasidic garb, but was closer to him, the evidence showed. A third Hasidic man tried to intervene and was chased by the defendant.

The case was prosecuted by Senior Assistant District Attorney Jonathan Hagler and Assistant District Attorney Isabel Hernandez of the District Attorney’s Grey Zone Trial Bureau, under the supervision of Assistant District Attorney Robert Walsh, Bureau Chief.

 

 

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Man Convicted Again for 1995 Murder After Retrial That Included Eyewitness Testimony

FOR IMMEDIATE RELEASE

Wednesday, August 31, 2022

 

Man Convicted Again for 1995 Murder After Retrial
That Included Eyewitness Testimony

Original Conviction was Reversed Due to Involvement of Retired
Detectives Louis Scarcella and Stephen Chmil

Brooklyn District Attorney Eric Gonzalez today announced that a 45-year-old man has been convicted of murder for killing a man in 1995 during a botched robbery in Bedford-Stuyvesant, Brooklyn. His original conviction was reversed, based on the involvement of retired Det. Louis Scarcella and Det. Stephen Chmil.

District Attorney Gonzalez said, “The guilty verdict handed down by a judge today, which correctly focused on the eyewitness identifications, validates the approach my Office has taken when reexamining cases involving Det. Scarcella: we ask to vacate when we find misconduct or violations of due process rights and stand by convictions when the evidence supports findings of guilt. In this case, compelling eyewitness accounts provided proof beyond reasonable doubt of the defendant’s guilt at both the original trial and again today.”

The District Attorney identified the defendant as Eliseo Deleon, 45, of Brooklyn. The defendant was convicted today of second-degree murder, first-degree attempted robbery and second-degree criminal possession of a weapon following a non-jury trial before Brooklyn Supreme Court Justice Dena Douglas. The maximum sentence on the top count is 25 to life and sentencing was scheduled to September 14, 2022.

The District Attorney said that, according to the evidence, on June 4, 1995, near 164 Franklin Avenue in Bedford Stuyvesant, Brooklyn, Fausto Cordero was returning from a party to his vehicle, accompanied by his wife, his 7-year-old son and his niece. As they neared the car, the family was confronted by the defendant, who brandished a gun and demanded money. When Mr. Cordero pushed his wife out of harm’s way, the robber fatally shot him in the chest.

The victim’s wife positively identified the defendant as her husband’s killer. A woman who witnessed the incident from her stoop across the street was unable to identify him at the retrial due to the passage of time, but her prior positive in-court and photo array identifications were admitted as evidence.

Neither Det. Scarcella nor his partner, retired Det. Stephen Chmil testified at the original trial, and neither was called by the prosecution at the retrial. Both were called as witnesses by the defense during the retrial.

Justice Douglas overturned the 1996 guilty verdict against the defendant in November 2019 following a post-conviction hearing.

The case was prosecuted jointly by Senior Assistant District Attorney Viviane Dussek, of the District Attorney’s Homicide Bureau, Assistant District Attorney Morgan Dennehy, Deputy Bureau Chief of the Appeals Bureau, and Assistant District Attorney Chow Yun Xie, Deputy Bureau Chief of the Homicide Bureau, under the supervision of Assistant District Attorney Leila Rosini, Homicide Bureau Chief.

 

 

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Brooklyn Man Sentenced to 15 Years to Life in Prison for Fatal Shooting

FOR IMMEDIATE RELEASE
Wednesday, August 17, 2022

 

Brooklyn Man Sentenced to 15 Years to Life in Prison for Fatal Shooting

Defendant Dropped Victim Off at his Home,
Returned Hours Later and Shot Him Twice in the Face

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been sentenced to 15 years to life in prison for fatally shooting a man inside the victim’s Sunset Park residence, a single room occupancy hotel. The defendant pleaded guilty to second-degree murder last month.

District Attorney Gonzalez said, “This defendant executed the victim in cold blood, shooting him at close range as he slept in his bed. Thanks to the quick action of law-enforcement he was apprehended as he attempted to flee the state, and this sentence ensures that he is held accountable for this shocking and heartless murder.”

The District Attorney identified the defendant as Sam Chen, 44, of Sunset Park, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Vincent Del Giudice to 15 years to life in prison. The defendant pleaded guilty to second-degree murder on June 9, 2022.

The District Attorney said that, according to the investigation, on June 26, 2019, at approximately 8:16 a.m., the defendant was captured on video surveillance driving a 2014 Nissan NV3 at 51st Street, near 7th Avenue, in Sunset Park. He and the victim then got out of the vehicle and entered the hotel; the defendant was captured leaving the hotel shortly thereafter.

At approximately 12:45 p.m., the defendant was captured on surveillance video returning to the hotel where the victim was staying, putting on a surgical mask and entering the victim’s building. Soon after, he was captured on surveillance video leaving the building and still wearing the surgical mask.

The victim’s body was discovered in his bed two days later, on June 28, 2019, at approximately 1 p.m., by the cleaning staff. He suffered two gunshot wounds to his forehead. Police recovered two 9mm shell casings at the scene. The victim was identified as Da Li, age 46.

Investigators executed a search warrant on the defendant’s vehicle and recovered a Taurus 9mm semi-automatic pistol with a loaded magazine inside of a black plastic bag, which matched ballistic evidence recovered at the victim’s hotel room.

The defendant was apprehended at John F. Kennedy International Airport on July 3, 2019, as he was boarding a flight to California.

The case was prosecuted by Assistant District Attorney Chow Yun Xie, Deputy Chief of the District Attorney’s Homicide Bureau and Assistant District Attorney Stephanie D. Quon, of the District Attorney’s Orange Zone Trial Bureau, under the overall supervision of Assistant District Attorney Leila Rosini, Homicide Bureau Chief.

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Brooklyn Man Sentenced to 10 Years in Prison for Sexual Assault of 13-year-old Girl

FOR IMMEDIATE RELEASE
Thursday, August 11, 2022

 

Brooklyn Man Sentenced to 10 Years in Prison for
Sexual Assault of 13-year-old Girl

Defendant Forced Victim into Basement at the Breukelen Houses
Before Sexually Assaulting Her

Brooklyn District Attorney Eric Gonzalez today announced that a West Midwood man has been sentenced to 10 years in prison for a violent attack in which he sexually assaulted a 13-year-old girl on her way to pick up a younger sister at school.

District Attorney Gonzalez said, “With today’s sentence, we are holding the defendant accountable for a horrific attack against an innocent child. I remain committed to punishing predators who commit such brutal acts of sexual violence against women and seeking justice for victims.”

The District Attorney identified the defendant as Tony Johnson, 20, of West Midwood, Brooklyn. He was sentenced today to 10 years in prison by Brooklyn Supreme Court Justice Jane Tully. The defendant pleaded guilty to first-degree criminal sexual act on June 1, 2022.

The District Attorney said that, according to the evidence, on October 8, 2019, at approximately 5:15 p.m., the defendant approached the 13-year-old girl from behind as she walked through the Breukelen Houses in Canarsie on her way to pick up her younger sister at school. The defendant grabbed the victim by the shoulder and demanded money and her cellphone. When he searched the victim’s bag and found no valuables, the defendant threatened to stab her and forced her into the basement of a nearby building located at 904 Williams Avenue, where he ordered her to take off her pants and underwear, then violently sexually assaulted her.

According to the evidence, the defendant then ordered the victim to stay in the basement until he fled the scene and threatened to hurt her and her family. After the defendant left, the victim went upstairs. A stranger saw her crying and called 911. The victim was taken to Kings County Hospital where she was treated for her injuries. A sexual assault evidence collection kit was also administered.

On October 9, 2019, the defendant was positively identified in a photo array. The defendant was arrested on October 10, 2019, by the Brooklyn North Warrants Squad. The defendant’s DNA was subsequently matched to the victim’s sexual assault evidence collection kit.

The case was prosecuted by Senior Assistant District Attorney Christopher Mirabella, of the District Attorney’s Special Victims Bureau, and Assistant District Attorney Perry Cerrato, Deputy Chief of the Special Victims Bureau, under the supervision of Assistant District Attorney Miss Gregory, Bureau Chief.

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Queens Man Sentenced to 11 Years in Prison For Violently Attacking and Sexually Abusing His Girlfriend

FOR IMMEDIATE RELEASE
Tuesday, August 9, 2022

 

Queens Man Sentenced to 11 Years in Prison
For Violently Attacking and Sexually Abusing His Girlfriend

 Defendant Broke into Victim’s Home, Killed Her Cat

Brooklyn District Attorney Eric Gonzalez today announced that a Queens man has been sentenced to 11 years in prison following his conviction on sexual abuse and related charges for viciously assaulting his girlfriend and killing her cat in the Brooklyn apartment where she lived with her four children.

District Attorney Gonzalez said, “This defendant brutally and viciously attacked his girlfriend and killed her cat in front of her children in a fit of violent rage. This family continues to suffer from the trauma of this terrible assault and the devastating impact it has had on their lives. This sentence holds him accountable for his unconscionable behavior.”

The District Attorney identified the defendant as Edgar Guayan, 29, of Ridgewood, Queens. He was sentenced today to 11 years in prison and five years’ post-release supervision by Brooklyn Supreme Court Justice Claudia DePeyster. The defendant was convicted of first-degree burglary, first-degree sexual abuse, third-degree attempted aggravated sexual abuse, second-degree assault, criminal obstruction on breathing, aggravated cruelty to animals, and the overdriving, torturing and injuring of animals on July 20, 2022, following a bench trial.

The District Attorney said that, according to the evidence, on July 17, 2022, at approximately midnight, the defendant broke into the Prospect Lefferts Gardens apartment of his girlfriend and her four children after banging on and kicking the door. He then repeatedly hit her about the head, face and body with a closed fist, and placed his fingers in her mouth to prevent her from screaming. He then placed his hands around her neck and applied pressure and placed his mouth over her mouth and nose to prevent her from breathing.

Furthermore, he then sexually abused the victim and attempted to insert an object inside of her, but he was not successful because she kicked him away. When her cat scratched the defendant’s leg, he picked up the cat and threw it, causing the cat to die in front of her and her children. The defendant and the victim then went to bed, and he held his arm around her to prevent her from leaving. At approximately 4 a.m., she managed to break free, leave the apartment and call 911.

The victim was taken to Maimonides Medical Center where she was admitted for observation and treated for a fractured nose and bruising and swelling to the face and arms.

The case was prosecuted by Senior Assistant District Attorney Elaine Albenda and Assistant District Attorney Hannah Laufer, of the District Attorney’s Domestic Violence Bureau, under the supervision of Assistant District Attorney Michelle Kaminsky, Bureau Chief.

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Brooklyn Man Indicted for Sex Trafficking of Teenage Girl

FOR IMMEDIATE RELEASE
Friday, July 29, 2022

 

Brooklyn Man Indicted for Sex Trafficking of Teenage Girl

Defendant Allegedly Lured Victim to New York from Ohio with Promise of Video Shoots

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been arraigned on a 10-count indictment in which he is charged with sex trafficking, promoting prostitution and related charges for the alleged sex trafficking of an 18-year-old girl.

District Attorney Gonzalez said, “We allege that this defendant lured a young woman from out of state to come to Brooklyn under false pretenses, then trafficked her for money in exchange for sex. I am committed to rescuing and protecting our at-risk teens from predators who seek to harm and exploit them.”

The District Attorney identified the defendant as Allen Barrington, 37, of East Flatbush, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Guy Mangano on an indictment in which he is charged with two counts of sex trafficking, one count of attempted sex trafficking, one count of second-degree promoting prostitution, two counts of third- and fourth- degree promoting prostitution, one count of third-degree assault and one count of third-degree attempted assault. He was ordered held without bail and to return to court on August 16, 2022.

The District Attorney said that, according to the investigation, on June 3, 2022, the defendant allegedly responded to an online website posted on by an 18-year-old girl who was living in Ohio. He allegedly offered to pay for a Greyhound bus ticket for her to visit New York where he would help her get started in nude modeling on video.

When the girl arrived at the Port Authority Bus Terminal on June 5, 2022, he allegedly picked her up and brought her to an apartment in East New York, Brooklyn, where there was another girl that the defendant had recruited from Illinois to engage in prostitution. He allegedly told her she had to work in prostitution and took her to a track in East New York. When the victim refused, allegedly telling the defendant that this was not the agreement, the defendant threatened the victim and threatened to harm her grandparents back in Ohio.

It is alleged that, between June 5, 2022 and June 18, 2022, in addition to forcing her to work in prostitution in East Flatbush and East New York, the defendant was physically violent towards the victim and at one point attempted to taser her. She was allegedly forced to engage in prostitution on the track in East New York and was not allowed to stop until she earned a quota set by the defendant. The defendant allegedly took photos of the victim and the other woman and posted them on websites offering prostitution services.

Furthermore, it is alleged, the victim walked into the 75th precinct to report the defendant on June 17, 2022. He was arrested in Ohio on July 6, 2022 and was extradited to Brooklyn on July 26, 2022.

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

The District Attorney thanked Detective Christina Chavez and Detective Nicholas Cox of the Peoria, Illinois Police Department, Major Jeff Allen and Agent Kelly Jankowski from the Mahoning Valley Ohio Human Trafficking Task Force, Eastern District of New York Probation Officer Dwight Brown and the Ohio State Highway Patrol for their assistance in the investigation.

The case is being prosecuted by Assistant District Attorney David Weiss, Deputy Chief of the District Attorney’s Human Trafficking Unit, along with Assistant District Attorney Alexandra Iorio, with the assistance of Paralegal Specialist Aurora Martinez and VSU/HT Social Worker Kirsty Carroll, under the overall supervision of Assistant District Attorney Miss Gregory, Chief of the District Attorney’s Special Victims Bureau.

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