FOR IMMEDIATE RELEASE

Monday, December 19, 2022

Brooklyn Man Sentenced to 25 Years in Prison for Rape

Defendant Assaulted Victim as She Walked Home, Then Raped Her

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been sentenced to 25 years in prison for the rape of a 21-year-old woman in Canarsie. The defendant was convicted last month following a jury trial.

District Attorney Gonzalez said, “Today’s lengthy prison sentence holds the defendant accountable for this violent and traumatic attack on an innocent woman and I am grateful to the victim for her brave cooperation throughout this prosecution. My office is deeply committed to vigorously pursuing justice for victims of sexual violence and Brooklyn is safer with this defendant behind bars.”

The District Attorney identified the defendant as Shinol John, 36, of Brownsville, Brooklyn. He was sentenced today to 25 years in prison and 20 years’ post-release supervision by Brooklyn Supreme Court Justice Donald Leo. He was convicted of two counts of first-degree rape, first-degree criminal sexual act and second-degree assault as a sexually motivated felony following a jury trial in November.

The District Attorney said that, according to the evidence, on August 16, 2020, at approximately 2:30 a.m., in the vicinity of Rockaway Avenue in Canarsie, the victim was walking home from a party when she was approached from behind by the defendant, a stranger to the victim, who grabbed her by the neck, punched her in the face and head, and dragged her to a grassy area and forced her to the ground.

The defendant pulled down her underwear and raped her, according to the evidence. He put his hands on her neck, told her not to speak and threatened to slice her neck with a knife. He also told her he had a gun. He then put his mouth on her mouth and genitals. The defendant then left momentarily and told the victim not to move.

Furthermore, the defendant then returned to the scene and raped the victim a second time. The defendant then told the victim to count to 30 and not to move. Then he left and the victim walked out of the area. Two passersby saw the victim and went to her aid. One of them called 911. The defendant returned to the area but left when he saw the individuals aiding the victim.

Finally, according to the evidence, one of the witnesses flagged down a patrol car. Police located the defendant on Saratoga Avenue, and he was arrested. The victim was taken to Kings County Hospital where she was treated for swelling and bruising to the eye, and pain to the jaw.

The case was prosecuted by Senior Assistant District Attorneys Gwen Barnes and Pamela Lowe, of the District Attorney’s Special Victims Bureau, under the supervision of Assistant District Attorney Olatokunbo Olaniyan, First Deputy Bureau Chief and Assistant District Attorney Miss Gregory, Bureau Chief.

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FOR IMMEDIATE RELEASE

Monday, December 19, 2022

Record Number of Firearms Recovered in Brooklyn Gun Buyback

206 Weapons Surrendered, the Most During a Single Event in City History,
Including Ghost Guns and Assault Rifles

Brooklyn District Attorney Eric Gonzalez, together with New York City Police Commissioner Keechant L. Sewell, today announced that a Gun Buyback event that was held in Bedford Stuyvesant on Saturday resulted in the most surrendered weapons in memory. A total of 206 firearms were turned in by residents, who received up to $500 and an iPad. The weapons included 130 handguns, five of which were ghost guns, and several assault rifles.

District Attorney Gonzalez said, “This unprecedentedly successful Gun Buyback is a testament to what we can achieve when the community, local businesses and law enforcement come together. We know that fewer guns in our neighborhoods means less gun violence, and these 206 guns will be destroyed so they can never do harm. Public safety is a shared responsibility and I’m grateful that the Brooklyn community joined forces this holiday season to promote safer, healthier communities that are free from gun violence.”
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The District Attorney said that the gun buyback was held in Cornerstone Baptist Church, 574 Madison Street in Bed-Stuy. Thanks to a generous donation from the Oyate Group – a nonprofit dedicated to alleviating poverty by creating sustainable and holistic solutions that empower underserved communities across the city – the District Attorney’s Office was able to offer $500 bank cards for each operable gun or assault rifle that was turned in. Participants also received $150 for each operable rifle or shotgun, and $50 for each BB gun or imitation pistol. No ID was required, the firearms will be destroyed and will not be tested for DNA or other identifying information.

The District Attorney thanked the private businesses who contributed funds towards iPads that were given as an added incentives to the first 50 participants: T-Mobile, Junior’s Restaurant and Broadway Stages. He also thanked Pastor Lawrence E. Aker III of Cornerstone Baptist Church for hosting the event and the Oyate Group for funding the cash cards.

Saturday’s event was the third Gun Buyback to be held in Brooklyn this year. In total, 315 firearms were taken off the streets during the three events.

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FOR IMMEDIATE RELEASE

Thursday, December 15, 2022

Brooklyn District Attorney Eric Gonzalez and NYPD
To Offer $500 and iPads for Guns, Just in Time for the Holidays

Gun Buyback to Pay Unprecedented Sums for Turned-in Firearms, No Questions Asked;

Will be Held at Cornerstone Baptist Church in Bed-Stuy on Saturday, December 17

Brooklyn District Attorney Eric Gonzalez, together with New York City Police Commissioner Keechant L. Sewell, today announced that a Gun Buyback event will be held on Saturday, December 17, 2022, from 10 a.m. and 4 p.m. at Cornerstone Baptist Church, 574 Madison Street, in Bedford Stuyvesant, Brooklyn. Those who turn in operable guns and assault rifles will receive a $500 bank card for each firearm – the highest sum paid in a Gun Buyback event in New York City. In addition, the first 25 attendees will also receive an iPad.

District Attorney Gonzalez said, “Getting guns off the streets is a shared responsibility and Saturday’s Gun Buyback event is part of our Office’s comprehensive strategy to reduce gun violence in our neighborhoods. I encourage anyone who may have a firearm in their home – or knows someone who does – to take advantage of this opportunity and get a substantial sum of money in time for the holidays. I would like to thank the NYPD, business leaders and the community-based organizations who are partnering with us to make this event a success.”

Commissioner Sewell said, “The most effective way to reduce gun violence in our city is to reduce the number of guns on our streets. To that end, the NYPD will continue to deploy every strategy available to keep New Yorkers safe – including Gun Buyback events like this one. I want to thank everyone at the Brooklyn District Attorney’s Office for their partnership in this important program, and for their unwavering commitment to public safety.”

Tomas Ramos, Founder and CEO of Oyate Group, said, “Gun violence is detrimental to our physical, mental and overall health and has an outsized impact on New York City’s most under-resourced communities. We at Oyate Group believe in taking an intersectional approach to public safety. Poverty has long been associated with violence, and our aim is to put an end to that violence through a conscious effort to address the struggles New York City’s underserved communities face. We are thankful for our partners who have joined us in promoting peace and investing in the financial stability of our boroughs. Together we can end gun violence.”

Pastor Lawrence E. Aker III of Cornerstone Baptist Church said, “The Cornerstone Church is pleased to collaborate with District Attorney Eric Gonzalez in an effort that will potentially make the streets of Brooklyn safer and bring joy during this holiday season.”

The District Attorney said that, thanks to a generous donation from the Oyate Group – a nonprofit dedicated to alleviating poverty by creating sustainable and holistic solutions that empower underserved communities across the city – his Office will offer money in the form of a $500 bank card for each operable gun or assault rifle turned in (there is no limit on the numbers of guns that can be turned in). No identification is required, and all transactions will be anonymous, no questions asked. Participants can also receive $150 for each operable rifle or shotgun, and $50 for each BB gun or imitation pistol.

The bank cards will be issued after each firearm is received and screened by officers on-site. Guns should be unloaded and packaged in a paper or plastic bag or a box when brought to the event. If transported by car, the guns must be kept in the trunk. Both working and inoperable weapons will be accepted. Active or retired law enforcement officers and licensed gun dealers are not eligible for this event.

Furthermore, the first 25 individuals to turn in a firearm will also receive a free iPad. The devices were donated by T-Mobile and Junior’s Restaurant as part of a private-public partnership to enhance safety.

T-Mobile’s Senior Vice President Terry Hayes said, “T-Mobile is proud to support the Police Athletic League, the NYPD and the Brooklyn DA’s Office by donating iPads for the upcoming Gun Buyback event. As an employer in Brooklyn, with Metro by T-Mobile and T-Mobile stores, we think of this as our commitment to keeping both our employees and residents safe.”

Junior’s third-generation owner Alan Rosen said, “As a father, businessman, and owner of restaurants that have been woven into the very fabric of New York for more than 70 years, I want to do everything I can to keep my borough, my city, my restaurants, and my fellow New Yorkers safe. If this gun buyback just saves the life of one other innocent boy or girl, it is worth it. Of course, we’re hoping that hundreds of individuals will participate by turning in their guns so we can really make a major dent in the problem.”

The Gun Buyback is the third such event hosted by the Brooklyn DA’s Office this year. A total of 109 firearms were turned over in the previous two events, including many types of firearms that are often used in street crimes.

Cornerstone Baptist Church is located at 574 Madison Street, about 10 blocks from the A/C subway station on Utica Avenue, and a similar distance from the J/Z Subway Station on Gates Avenue. The bus lines B15, B26 and B52 all have stops in the vicinity.

The District Attorney thanked Oyate Group, the New York City Police Foundation and Junior’s Restaurant for partnering to contribute funds and resources for this event.

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[Note: media availability will take place on Saturday, December 17, 2022, at 4 p.m.]

FOR IMMEDIATE RELEASE

Friday, November 18, 2022

Brooklyn Man Indicted for Shooting Death of Ethan Williams

Victim was in New York City for Skateboard Tournament When he was Shot Dead in Bushwick

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been arraigned on an indictment in which he is charged with murder for allegedly shooting an Indiana man who was sitting on a stoop in Bushwick, Brooklyn, killing him.

District Attorney Gonzalez said, “Ethan Williams was a kind and compassionate young man who had his whole life ahead of him. His visit to New York City was the culmination of a lifelong dream and his untimely and unnecessary death is horrific and heartbreaking. I hope this prosecution brings some sense of solace to his family as we seek to bring this defendant to justice.”

The District Attorney identified the defendant as William Freeman, 26, of Gravesend, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Vincent Del Giudice on an indictment in which he is charged with two counts of second-degree murder and two counts of second-degree criminal possession of a weapon. He was ordered held without bail and to return to court on February 24, 2023. The defendant faces up to 25 years to life in prison if convicted.

The District Attorney said that, according to the investigation, the victim, Ethan Williams, 20, an Indiana University student on his first visit to New York City, was sitting on a stoop at 42 Eldert Street, in Bushwick, with several friends with whom he was renting an AirBnB, on October 24, 2020, at approximately 2:30 a.m., when the defendant allegedly opened fire on the group. Ethan was struck in the chest and died of his wounds.

The defendant then fled the scene, according to the investigation. The defendant was arrested on November 3, 2022, in the vicinity of 480 Knickerbocker Avenue, in Bushwick, after a car in which he was a passenger was stopped by police. The defendant allegedly made statements admitting, in essence, that the defendant shot at the victim’s group because he mistakenly thought someone in the group was responsible for his cousin’s death a few weeks prior.

The case was investigated by New York City Police Detective Robert Romano of the 83rd Precinct and NYPD Detective Sonia Yi of Brooklyn North Homicide.

Senior Intelligence Analyst Katherine Rivera of the District Attorney’s Homicide Bureau contributed to the investigation.

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

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

FOR IMMEDIATE RELEASE

Wednesday, November 9, 2022

Tesla Driver Charged with Manslaughter for Allegedly Speeding and
Missing Turn, Killing Passenger, and Injuring Three Others

Allegedly Drove at 100 mph, Flipped Car and Crashed into Building

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been indicted for reckless manslaughter, criminally negligent homicide, assault, and related charges for killing an 18-year-old passenger and injuring three others when he allegedly drove a Tesla at a very high rate of speed and failed to negotiate a turn.

District Attorney Gonzalez said, “This defendant’s alleged reckless driving caused the death of a young man whose entire life was ahead of him, and left others injured. My Office will continue to fully investigate cases of vehicular violence and prosecute drivers who break the law on our roadways and endanger our communities.”

The District Attorney identified the defendant as Jonathan Mikhaylov, 23, of Gravesend, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Matthew Sciarrino on an indictment in which he is charged with second-degree manslaughter, criminally negligent homicide, second-degree assault, second-degree reckless endangerment, reckless driving, and speeding. Bail was set at $5,000 cash or $25,000 bond, and the defendant was ordered to return to court on January 19, 2023. He faces a maximum sentence of five to 15 years in prison if convicted of the top count.

The District Attorney said that on June 10, 2021, at approximately 11:42 p.m., the defendant was allegedly driving a Tesla northbound on National Drive in Mill Basin, Brooklyn, at an extremely high rate of speed. There were four passengers in the vehicle. The defendant failed to negotiate a ninety-degree turn onto Strickland Avenue, proceeding through a metal fence and striking two garbage dumpsters. The Tesla then became airborne for nearly forty feet and rotated mid-air, at which point the rear passenger side of the vehicle struck a retaining wall. The Tesla ultimately stopped within the driveway of 5905 Strickland Avenue, where a senior living community is located.

Jack Levy, 18, who was in the back seat, was transported to Brookdale Hospital with severe head trauma and was pronounced dead the next day. Another 18-year-old man sustained multiple fractures, a laceration to his liver, bruising to his lung, and a pneumothorax. A third passenger, 22, suffered a fractured skull and the fourth passenger, 24, had minor injuries. The defendant also sustained minor injuries.

The investigation revealed that the defendant was allegedly driving at 100 mph less than three seconds before the collision. Video surveillance from the senior living community depicts the collision and the speed at which the defendant was driving.

This case is being prosecuted by Senior Assistant District Attorney Jennifer DaRin of the District Attorney’s Red Zone Trial Bureau, under the supervision of Assistant District Attorney Andrea Orlando, Deputy Chief of Red Zone, and Assistant District Attorney Jacob Uriel, Deputy Bureau Chief of the District Attorney’s Street Safety Bureau, and the overall supervision of Assistant District Attorney Karla Watson, Red Zone Bureau Chief.

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

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FOR IMMEDIATE RELEASE

Wednesday, October 26, 2022

Brooklyn District Attorney Eric Gonzalez Announces the
Creation of New Gender-Based Violence Division

Will Include Domestic Violence, Sex Crimes, Human Trafficking, Victim Services and More;
Led by Experienced Prosecutor and National Expert on Intimate Partner Violence

Brooklyn District Attorney Eric Gonzalez today announced the creation of the Gender- Based Violence Division, which includes the Domestic Violence and Sex Crimes Bureaus, the Human Trafficking, Crimes Against Children and Victim Services Units, Family Justice Center operations and the U-Visa practice that allows non-citizen crime victims to remain lawfully in the United States. Cases handled by the new Division share common evidentiary issues, require a trauma-informed, victim-centered response and benefit from a unified, and not siloed, management. Assistant District Attorney Michelle Kaminsky will lead the Division in a newly created executive position.

District Attorney Gonzalez said, “Improving the way we approach gender-based violence has long been a goal of my administration and creating this new Division will go a long way toward achieving that. The same trauma-informed and survivor-centered approach is necessary when handling cases of sexual abuse, intimate partner violence or trafficking, and when providing support to survivors. I am confident that under this new structure and with guidance from a nationally recognized expert and veteran prosecutor, the Brooklyn DA’s Office will be able to better assist victims and more effectively bring offenders to justice.”

The District Attorney said that he is creating the Division in response to intersectionality of issues that the various Bureaus and Units share, the common evidentiary themes in their cases, and the critical need for a unified, coordinated and consistent response to the various federal and state remedies that are available to survivors of gender-based violence. In addition, victims of domestic violence or trafficking may also be victims of sex crimes.

Creating the new Division is also a response to the critical need to elevate the issue of gender-based violence, especially due to recently enacted regressive policies towards women and their bodily autonomy on the national level and the statistical link between gun violence and domestic violence. A review of data from the last five years in Brooklyn showed that 20% of gun offenders have a domestic violence history (an undercount, given that the analysis could not include sealed cases). The Division will also handle cases that fall under the Domestic Violence Survivors Justice Act, which provides for more lenient sentences and post-conviction relief to those who committed crimes while in a domestic violence relationship that was found to be a contributing factor as to why they committed the crime.

The District Attorney said that ADA Kaminsky is exceptionally well-suited to lead this important work. After joining the DA’s Office following her graduation from Brooklyn Law School, she has served the people of Brooklyn for three decades with incredible skill, compassion, and fairness. She most recently served as Chief of the Domestic Violence Bureau – the largest bureau in the Office – supervising the prosecution of approximately 10,000 cases per year. These cases are often among the most gut-wrenching and also the most legally challenging.

ADA Kaminsky is a sought-after expert, lecturing at conferences nationwide on the legal response to domestic violence. In 2012, she published a book on her experiences handling these cases which continues to be used in college and law school classes, and she is recognized as a leading voice on legislation and policy, working with the Obama and Biden Administrations. A respected trial attorney, she has tried 39 cases, including 20 domestic violence homicides. Many of these cases involved challenging defenses, including extreme emotional disturbance, battering and its effects, alcohol induced dementia, and self-defense. Among many significant cases, she tried a man who was convicted of murdering his ex-girlfriend in Brooklyn Bridge Park in a case that relied on cell site data and evidence from Facebook.

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FOR IMMEDIATE RELEASE

Thursday, October 6, 2022

Brooklyn Mother Indicted for Killing her Three Children

Allegedly Drowned Children in the Ocean off the Coney Island Boardwalk

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn woman has been indicted on first-degree murder and related charges for allegedly drowning her three children – who were 3 months old, 4-years-old, and 7-years-old – in the ocean near their home in Coney Island.

District Attorney Gonzalez said, “These innocent young children had their entire lives ahead of them when their own mother allegedly drowned and left them on a Coney Island beach. This is a shocking and unspeakable crime, and with this prosecution, we will seek justice.”

The District Attorney identified the defendant as Erin Merdy, 30, of Coney Island, Brooklyn. She was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which she is charged with three counts of first-degree murder and nine counts of second-degree murder. The defendant is facing a maximum sentence of life without the possibility of parole if convicted of the top count. She is being held without bail and was ordered to return to court on November 30, 2022.

The District Attorney said that, according to the investigation, on September 12, 2022, at approximately 12:37 a.m., the defendant allegedly took her three kids – Zachary Merdy, 7, Liliana Stephens Merdy, 4, and Oliver Bondarev, 3 months – to the beach near West 35th Street in Coney Island and drowned them in the ocean.

At approximately 1:25 a.m., she began walking from the beach, alone, towards the apartment of the father of the youngest child, located in Brighton Beach, over two miles away. The defendant called family members upset, and when she would not answer questions regarding the whereabouts of her children, relatives and the father went to look for her and called 911.

The police initiated a search and, at about 4:30 a.m., located the children, who were unresponsive and wet, on the shoreline near West 35th Street. They were pronounced dead at Coney Island Hospital. When the defendant’s family members found her in Brighton Beach wet and barefoot, she repeatedly said that the children were gone and that she was sorry, according to the investigation.

The case is being prosecuted by Assistant District Attorney Ernest Chin, Deputy Bureau Chief of the District Attorney’s Homicide Bureau, and Senior Assistant District Attorney Jhounelle Cunningham, also of the Homicide Bureau, under the supervision of Assistant District Attorney Leila Rosini, Homicide Bureau Chief.

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