About Ernest Johnson

FOR IMMEDIATE RELEASE
Monday, March 11, 2019

 

Brooklyn District Attorney Eric Gonzalez Unveils Sweeping Reforms
His Office is Implementing as Part of the Justice 2020 Initiative,
Establishing a National Model of a Progressive Prosecutor’s Office

Treating Incarceration as Last Resort and Partnering with Communities, Justice 2020
Signals Unprecedented Effort to Drastically Reshape Prosecutorial Agency

Brooklyn District Attorney Eric Gonzalez today announced his plan for a groundbreaking initiative to transform Brooklyn’s justice system into a progressive model designed to keep Brooklyn safe and strengthen community trust by ensuring fairness and equal justice for all. The full Justice 2020 Report is available here.

The new approaches were developed following months of intensive consultations with dedicated committees made up of reform experts, defense attorneys, service providers, law enforcement, formerly incarcerated individuals, clergy and others. Justice 2020 is the first program in the nation to take a truly comprehensive and holistic approach to implementing a new model of a progressive and modern prosecutor’s office in the 21^st century.

Among Justice 2020’s key reforms to reduce incarceration and ensure equal justice for all are:

• Considering non-jail resolutions at every juncture of a case and shifting toward community-based responses to crime.
• Establishing early release as the default position – not the exception – in most parole proceedings.
• Prioritizing collaboration with neighborhood leaders and community-based organizations to provide more diversion opportunities and engage stakeholders as partners.
• Implementing updated data and analytics systems to drive reform and ensure accountability and transparency.

Brooklyn District Attorney Eric Gonzalez said, “Justice 2020 will reshape the Brooklyn District Attorney’s office into a model of progressive prosecution that keeps the public safe and strengthens community trust by ensuring fairness and equal justice for all. We will move away from over-reliance on incarceration, engage all stakeholders as partners in justice, focus resources on those who do the most harm and make my Office more strategic and mission-driven.

“I am deeply grateful to all of the people, many of whom have personal experience within the system – who helped develop this comprehensive blueprint, which we have already begun implementing. As we continue to reap the benefits of historic decreases in crime here in Brooklyn and across the country, now is the time to focus on reforming injustices in the system that have led to over-reliance on incarceration and a lack of trust in the criminal justice system. In many cases, incarceration does not keep us safer, and I am committed to shifting to ways of holding people accountable and increasing public safety that don’t rely on incarceration as the default option.”

Justice 2020 envisions a level of community engagement with the DA’s office much deeper than currently exists, a true partnership in developing responses to crime.

The panel of experts that led the process to study, create and select these reforms was led by Medgar Evers College President Dr. Rudy Crew and former Chief Judge of the State of New York Jonathan Lippman. DA Gonzalez plans to make measurable progress towards enacting all 17 recommendations of the Committee by the end of 2020.

Medgar Evers College President Rudy Crew, Launch Committee Co-Chair said, “Justice 2020 has the potential to transform the relationship between communities and the criminal justice system. At a time when communities lack faith in law enforcement to keep them safe and treat them fairly, Justice 2020 envisions a partnership that gives communities a real voice in what safety and justice should look like. I know of no other DA’s office in the country that builds bridges in this way, and I commend Brooklyn DA Eric Gonzalez for his leadership.”

Former New York Chief Judge Jonathan Lippman, Launch Committee Co-Chair and current Counsel at Latham & Watkins LLP said, “Justice 2020 isn’t just an agenda – it’s a comprehensive roadmap to improve public safety while diverting those who do not pose a threat to public safety out of the criminal justice system and into community-based services. I am honored to be part of DA Gonzalez’s Justice 2020 Initiative and hope to see prosecutors’ offices across the country use it as a model for truly progressive criminal justice reform.”

The full list of all 17 action points is below:

1. Change the office culture so that ADAs consider non-jail resolutions at every juncture of a case.
2. Offer pre-plea alternatives for all drug possession charges and reduce barriers to participation.
3. Seal or expunge past marijuana convictions.
4. Consider recommending parole when the minimum sentence is complete and participate more robustly in parole proceedings.
5. Empower community residents and leaders through neighborhood justice partnerships.
6. Partner with community-based organizations and service providers to expand community justice options.
7. Reduce prosecution of school-based offenses and divert youth from the criminal justice system.
8. Develop new protocols for investigations and prosecutions of police misconduct to improve accountability and transparency.
9. Identify high-risk individuals early and explore early interventions to deter violent behavior.
10. Interrupt gun violence and gang affiliation by intervening after a major enforcement action.
11. Enhance prosecution of cases of gender-based violence, including acquaintance rape and sexual assault cases.
12. Create a single point of contact for hate crime charges.
13. Establish a transformation office and data/analytics team to drive metrics, best practices, and reform.
14. Train all staff in cultural competency.
15. Realign staffing so that each case is the responsibility of a single ADA (vertical prosecution).
16. Promote accountability by establishing an office of professional responsibility and ethics.
17. Streamline case handling and enhance fairness and transparency with e-discovery.

Evidence shows that relying on incarceration as the automatic response frequently undermines public safety by breaking apart families and communities and preventing people from pursuing the very educational and employment opportunities that reduce crime and strengthen communities. The District Attorney’s Office has already begun implementing Justice 2020, evidenced in their recent work to:

• Erase past marijuana convictions.
• Develop new protocols for investigating and prosecuting police misconduct and create a Law Enforcement Accountability Bureau.
• Establish a Hate Crimes Bureau as a single point of contact for these offenses.
• Begin revamping the Office’s data management system.

These efforts will serve to create fairness within Brooklyn’s criminal justice system and maintain the highest levels of public safety, both priorities for DA Gonzalez.

Brooklyn is uniquely positioned to take on this endeavor thanks to a true partnership with community organizations and leaders. The borough is safer than it’s ever been as 2018 ended with the lowest number of homicides since record-keeping began.  The Brooklyn DA’s office has put in place notable reform-minded programs, such as a bail policy that decreased reliance on cash bail, an immigration policy aimed at minimizing collateral consequences of criminal convictions, a Conviction Review Unit that is a national model and an initiative to vacate hundreds of thousands of outstanding summons warrants that were generated due to failures to pay fines for minor infractions.

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FOR IMMEDIATE RELEASE
Wednesday, March 6, 2019

 

Police Officer Convicted for Off-Duty Road Rage Assault

Struck Motorist with Pistol and Handcuffs, Causing Him to Require Stitches; Fled the Scene

Brooklyn District Attorney Eric Gonzalez today announced that a New York City Police Officer has been convicted of felony assault, weapons possession, reckless driving and other charges for attacking a motorist on New Year’s Day 2018.

District Attorney Gonzalez said, “This defendant endangered the life of not only the victim he assaulted but those drivers and pedestrians who shared the road with him that evening. The fact that he is a trained police officer makes his behavior even more disturbing. There is no place on our streets for road rage, and now a jury has held the defendant accountable for his brazen criminal conduct.”

The District Attorney identified the defendant as Michael Baror, 25, formerly of Transit District 32. He was convicted yesterday on charges of second-degree assault, fourth-degree criminal possession of a weapon, leaving the scene of an incident without reporting, reckless driving, improper use of a siren and improper display of plates following a jury trial before Brooklyn Supreme Court Justice Danny Chun, who set sentencing for May 8, 2019.

The District Attorney said that, according to the evidence, on January 1, 2018, at approximately 10:30 p.m., at Avenue N and Bedford Avenue, the defendant was driving his personal vehicle, a Jeep Cherokee that was illegally equipped with lights and sirens. He was flashing his high beams at a car in front of him and rear-ended it. He then got out of the car and pulled out his pistol and pistol-whipped the other driver, a 29-year-old man. He also repeatedly struck the victim in the face with handcuffs before getting back in his vehicle and driving away.

The victim followed the defendant. The victim’s girlfriend, who was also in the vehicle, called 911 and remained on the phone during the chase. While the victim’s girlfriend was reporting the plate number to the 911 operator, the defendant concealed his license plate with an electronic device. Both vehicles were speeding and running red lights and the victim eventually crashed into the defendant’s vehicle. Police were at the scene within minutes, but the defendant had fled the scene. He did not report the incident to police or his supervisors. The defendant was arrested the following day and a search of his vehicle revealed that he removed the lights and sirens. The defendant, who is seen on surveillance video with a thick beard and hair on his head during the incident, had shaved his head and beard by the time police arrived to arrest him the following day.

The victim was treated at a hospital and sustained stitches to the mouth, swelling and bruising about the face and head, a contusion to the top of his head, a cut to the nose, and an injured shoulder.

The case was investigated by NYPD Sergeant John Pietanza of the Internal Affairs Bureau Group 34.

KCDA Paralegal Michel Chung assisted with the case.

The case was prosecuted by Assistant District Attorney Kelli M. Muse, Chief of the District Attorney’s Hate Crimes Bureau and Senior Assistant District Attorney Prabhalya Pulim, also of the Hate Crimes Bureau, under the supervision of Executive Assistant District Attorney Joseph P. Alexis, Chief of the District Attorney’s Trial Division.

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FOR IMMEDIATE RELEASE
Friday, February 22, 2019

 

Brooklyn DA Moves to Vacate Murder Conviction
In Connection With 2001 Killing Outside Sunset Park Strip Club

Defendant’s Confession Was Used at Trial Even Though It Contained a False Fact – That Victim Was Stabbed, not Shot; Detective Notes That Could Have Helped Defense Were Not Disclosed

Brooklyn District Attorney Eric Gonzalez today announced that following a thorough investigation by his Conviction Review Unit (CRU), he will move to vacate the murder conviction against Bladimil Arroyo, 39, who has been incarcerated since 2001. The investigation found that the defendant was deprived of a fair trial because the only direct evidence against him consisted of a confession that included a false fact likely transmitted to him by police – that the victim was stabbed rather than shot – and certain detective notes were not disclosed to the defense. Arroyo is the 25^th individual whose conviction has been vacated by Brooklyn’s CRU since it was established in 2014. The full report of the CRU’s investigation and its recommendations on lessons learned is available here.

District Attorney Gonzalez said, “While we cannot say that Mr. Arroyo was not involved in this crime, a thorough investigation by my Conviction Review Unit has concluded that he was deprived of a fair trial, and this undermines our confidence in his conviction. Confirmation bias and nondisclosure of certain police documents led to this outcome and I am confident that policy changes that have been made over the ensuing years and additional recommendations by the CRU will ensure that these mistakes are not repeated. I remain fully committed to correcting every past injustice that took place in Brooklyn.”

Arroyo will appear in court today at 2:15 p.m. before Brooklyn Supreme Court Justice Matthew D’Emic at 320 Jay Street, 15^th floor.

The District Attorney said that in the early morning hours of September 16, 2001, Gabor Muronvi, who was walking with a friend, was killed near the Sweet Cherry strip club in Sunset Park, Brooklyn during a botched robbery. Arroyo was apprehended a short time later after police followed a car that left the crime scene, leading to him and to a co-defendant, who was injured during the confrontation with the victim and his friend. A doctor informed police that the victim died from a stab wound to the heart.

Later that day, Arroyo confessed to trying to rob the two men and to stabbing the victim “in the upper chest” during a struggle. He was charged that afternoon with murder and related counts. The next day, the Medical Examiner reported that the autopsy showed the cause of death to be a single gunshot to the chest and that the victim was not stabbed.

The case proceeded and Arroyo’s confession was used at trial, with the prosecutor suggesting to the jury that the defendant confessed to using a knife in an attempt to minimize his culpability in the fatal shooting. The victim’s friend, who survived the attack and initially told police there were three assailants, testified that there were only two. He did not identify Arroyo at trial.

Arroyo was convicted in November 2002 of second-degree murder, attempted robbery and assault. He was sentenced to 20 years to life in prison. (His co-defendant pleaded guilty to attempted robbery and was sentenced to nine years in prison.)

The investigation by the CRU revealed that police accounts concerning Arroyo’s confession – which was false in regard to the murder weapon – were incomplete at best and misleading at worst because they did not explain how Arroyo came to describe erroneous facts that police believed to be true at the time. The CRU also discovered that several documents were not turned over to defense and should have been: detective notes about the surviving victim’s identification of another individual as a possible attacker; notes containing a detective’s initial statement that there were three people in the car that left the scene; notes containing the same detective’s description of the car’s passenger, which didn’t match the defendant; and untimely disclosure of the surviving victim’s past conviction, which allowed him to testify falsely about the circumstances of that conviction. These documents would have helped the defense argue against the prosecution’s theory that only two attackers were involved in the crime, a theory that validated the defendant’s confession. The CRU therefore recommended vacating Arroyo’s conviction.

The CRU also found that because the crime happened a few days after the September 11 terrorist attacks, usual processes of obtaining police reports were disrupted and documents were received late and piecemeal. The investigation could not ascertain when, if at all, the non-disclosed items were received.

The CRU issued the following recommendations to ensure that the circumstances leading to this wrongful conviction are not repeated: 1. Video recording of interrogations and statements, which is largely mooted by recent legislation requiring video interrogations of persons accused of serious crimes. 2. Training all prosecutors on confirmation bias, which likely led the prosecution in this case to move forward even after new evidence had emerged that conflicted with the defendant’s confession. Prosecutors believed the defendant was trying to minimize his conduct and did not pause to explore the possibility that he was fed facts and provided a false account. The tendency of people to embrace information that supports their existing beliefs and reject information that contradicts those beliefs is pervasive and comes up repeatedly in the practice of criminal law. 3. Improved discovery practices, which were not subject to a uniform protocol when this case was tried. An open file discovery policy has since been instituted in Brooklyn, which includes disclosures at a much earlier stage than the statutory requirements and creates a clear record of what was turned over. That policy will soon improve further with a transition to electronic discovery, which is part of DA Gonzalez’s Justice 2020 action plan. Together, these changes reduce the chances of documents being mismanaged.

To date, the work of the Conviction Review Unit has resulted in 25 convictions being vacated, including Arroyo’s. In addition, the CRU has found that of the cases reviewed thus far, 60 convictions are just and not recommended for vacatur. Approximately 100 cases are pending review.

This case was investigated by Senior Assistant District Attorneys Tamara Edelstein and Lori Glachman, of the District Attorney’s Conviction Review Unit, and Assistant District Attorney Eric Sonnenschein, Deputy Unit Chief, under the supervision of Assistant District Attorney Mark Hale, Unit Chief, and the overall supervision of Tali Farhadian Weinstein, General Counsel.

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FOR IMMEDIATE RELEASE
Friday, February 22, 2019

 

Chef Turned Restaurant Consultant Indicted for Allegedly Stealing
More Than $14,000 From Owners of Bay Ridge Eatery

Defendant Allegedly Faked Violations and Documentation to Steal Money

Brooklyn District Attorney Eric Gonzalez and New York City Department of Investigation Commissioner Margaret Garnett today announced that a 36-year-old man has been arraigned on an indictment in which he is charged with grand larceny, criminal possession of a forged instrument and falsifying business records for stealing more than $14,000 from a Bay Ridge restaurant after falsely claiming it had numerous violations.

District Attorney Gonzalez said, “The victims in this case worked hard to make their restaurant a success and this defendant, claiming he could help them, allegedly lied and stole their hard-earned money instead. I am committed to protecting small businesses, which are an important part of our communities, from fraudsters such as this defendant.”

Commissioner Garnett said, “This defendant falsified City documents to continually shake down a local small business for thousands of dollars in cash, according to the charges. Forging official City documents is a crime and DOI will continue to pursue individuals who attempt to use fake records to take advantage of unwitting New Yorkers. DOI thanks OATH for referring the original complaint that led to today’s arrest and the Brooklyn District Attorney’s Office for its prosecution of this alleged conduct.”

The District Attorney identified the defendant as Vincent Tropepe, 36, of Bay Ridge. He was arraigned today before Brooklyn Supreme Court Justice Guy Mangano on a 41-count indictment in which he is charged with 19 counts of second-degree criminal possession of a forged instrument, 20 counts of first-degree falsifying business records, one count of third-degree grand larceny, and one count of third-degree attempted grand larceny. He was released without bail and ordered to return to court on April 17, 2019. He faces up to seven years in prison if convicted of the top count.

The District Attorney said that, according to the investigation, the defendant, who holds himself out to be a restaurant consultant, was employed as a registered representative by the Yemen Café, located at 7130 Fifth Avenue in Bay Ridge, Brooklyn, to appear at the Office of Administrative Trials and Hearings (OATH) to advocate on its behalf. The defendant also consulted and trained kitchen staff in proper food handling practices.

Between July 13, 2018 and August 18, 2018, according to the investigation, the defendant claimed he had discovered delinquent violations at OATH, appeared before a judge and negotiated lower fines, paid the fines from his business account and saved the Café from closure. He gave the owners of the Café fraudulent paperwork, including notices of appearance, that he claimed to have received from OATH, claiming that the restaurant owed thousands of dollars in fines for delinquent violations.

On July 13, 2018, he demanded to be reimbursed and he was given $2,570 by the owners. On August 13, 2018, the defendant demanded an additional $11,650, claiming he laid out that amount to pay fines on the Café’s behalf, and presented the owners with additional paperwork stating higher fines were owed. The owners gave the defendant that money as well.

The owners became suspicious of the validity of the violations and went to OATH to determine if the fines were legitimate. OATH determined that the documents presented by the defendant were fraudulent and the alleged fines and violations were fabricated. OATH reported the incident to DOI for investigation. Finally, the defendant allegedly sought additional payment from the Café in December 2018, presenting them with more fraudulent documents and fabricated violations. However, the owners did not give him any money.

The case was investigated by DOI’s Office of the Inspector General for OATH, specifically Assistant Inspector General Trenton Sweeney, under the supervision of Inspector General Eleonora Rivkin, Associate Commissioner Andrew Brunsden, Deputy Commissioner/Chief of Investigations Dominick Zarrella, and First Deputy Commissioner Daniel Cort.

The case is being prosecuted by Senior Assistant District Attorney Adam Libove, of the District Attorney’s Public Integrity Unit, under the supervision of Assistant District Attorney Michel Spanakos, Chief of the Public Integrity Unit, and the overall supervision of Assistant District Attorney Patricia McNeill, Chief of the District Attorney’s Investigations Division.

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

 

FOR IMMEDIATE RELEASE
Friday, February 22, 2019

 

Man Arraigned on Indictment Charging Him With
Attempted Rape of Homeless Shelter Security Guard

Defendant Escaped Custody Following His Arrest, Found in Hiding Two Days Later

Brooklyn District Attorney Eric Gonzalez today announced that a 31-year-old resident of an East New York homeless shelter has been arraigned on an indictment in which he is charged with attempted rape, sexual abuse, escape and other charges for allegedly attacking a shelter security guard while she was on-duty, and then escaping custody following his arrest.

District Attorney Gonzalez said, “This defendant is alleged to have cruelly attacked a woman whose job was to keep him and other residents of the shelter safe. Thankfully other residents and DHS police bravely thwarted this violent attack. We will now seek to hold him accountable and secure justice for the victim.”

The District Attorney identified the defendant as Jose Bisono-Torres, 31, formerly of 1000 Blake Avenue, a homeless shelter run by the Community Healthcare Network. He was arraigned yesterday before Brooklyn Supreme Court Justice John Ingram on an indictment in which he is charged with first-degree attempted rape, attempted sexual misconduct, first- and third-degree sexual abuse, and second- and third-degree escape. He was ordered held without bail and to return to court on March 19, 2019. He faces up to 15 years in prison if convicted of the top count.

The District Attorney said that, according to the investigation, on January 19, 2019, at approximately 7:45 a.m., the victim was finishing an overnight tour as a security guard at the shelter. She was standing next to a garbage can when the defendant allegedly approached her from behind and grabbed her aggressively while shouting that he was going to rape her. The defendant allegedly groped the victim.

Furthermore, the defendant allegedly refused to let go of the victim even after several people came out of their rooms and attempted to pull him off her. He was apprehended at the scene by Department of Homeless Services police officers stationed at the site.

At approximately 5:20 p.m., as the defendant was being escorted to the Central Booking entrance on State Street by the DHS officers, he allegedly shoved one officer and managed to escape. The defendant was apprehended hiding in the basement of a bodega in Cypress Hills on January 21, 2019 by New York City Police Officers assigned to the Fugitive Task Force.

The case is being prosecuted by Assistant District Attorney Daniel Newcombe, of the District Attorney’s Special Victims Bureau, under the supervision of Assistant District Attorney Miss Gregory, Bureau Chief.

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

 

FOR IMMEDIATE RELEASE
Thursday, February 21, 2019

 

Bedford-Stuyvesant Man Sentenced to 21 Years to Life in Prison for Fatally Shooting Man at Crown Heights Gas Station in Broad Daylight

Defendant Was Recorded on Surveillance Video Firing Weapon;
DNA Recovered from Cellphone Found at Scene

Brooklyn District Attorney Eric Gonzalez today announced that a 31-year-old Brooklyn man has been sentenced to 21 years to life in prison for fatally shooting to death a 46-year-old man who he followed into a busy Crown Heights gas station in the middle of the day.

District Attorney Gonzalez said, “Such brazen shootings will not be tolerated in Brooklyn. We are committed to ending gun violence in our communities and will continue to hold accountable those who put others in harm’s way. This murder left the victim’s son and many family members devastated. I hope they find some solace in today’s sentence.”

The District Attorney identified the defendant as Andre Rodriguez, 31, of Bedford-Stuyvesant, Brooklyn. The defendant was sentenced to 21 years to life in prison by Brooklyn Supreme Court Justice John Ingram. He was convicted of second-degree murder and second-degree criminal possession of a weapon on January 28, 2019, following a jury trial.

The District Attorney said that, according to the investigation, on June 17, 2017, at approximately 12 noon, the defendant and another man followed the victim, Keith Vereen, 46, to a BP gas station at the corner of Atlantic Avenue and Utica Avenue in Crown Heights, Brooklyn. The defendant and an alleged accomplice approached the victim while he was at a gas pump filling up his truck. The defendant walked up to the victim, immediately pressed a gun to the victim’s chest and shot him.

Surveillance video shows the defendant approach the victim with a handgun and point the weapon at him. The video also shows the defendant drop a cell phone during the altercation. DNA analysis revealed that the cell phone recovered at the crime scene contained the defendant’s DNA.

The case was prosecuted by Senior Assistant District Attorney Leila Rosini, of the District Attorney’s Homicide Bureau, under the supervision of Assistant District Attorney Timothy Gough, Bureau Chief.

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FOR IMMEDIATE RELEASE
Thursday, February 14, 2019

 

Brooklyn Man Indicted for Sexual Assaults on Two Women
Over Two Days in Crown Heights

Allegedly Attacked First Victim on Subway, Ambushed Second Victim the Following Day

Brooklyn District Attorney Eric Gonzalez announced today that a Brooklyn man has been arraigned on a 15-count indictment in which he is charged with robbery, sexual abuse and assault for attacks on two women in Crown Heights less than 36 hours apart. The defendant allegedly attacked and robbed the first victim on a subway train, then assaulted the second victim in an alley the following day.

District Attorney Gonzalez said, “This defendant allegedly prowled our subways and streets for two days preying upon women and spreading fear throughout our community. We will seek to hold him fully accountable and remain committed to seeking justice for sexual assault victims.”

The District Attorney identified the defendant as Daniel Jean Pierre, 37, of Bedford-Stuyvesant, in Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice John Ingram on a 15-count indictment in which he is charged with second- and third-degree robbery, second- and third-degree robbery as a sexually motivated felony, first- and third-degree sexual abuse, forcible touching, second- and third-degree assault and other related charges. He was ordered held on $100,000 bail and to return to court on April 10, 2019.

The District Attorney said that, according to the investigation, at approximately 1:15 a.m. on January 17, 2019, the defendant boarded a north-bound 4 train at Franklin Avenue where he allegedly approached a woman who was sitting down, attempted to kiss her and as she tried to push him away he pushed her to the floor. The defendant then allegedly molested the woman as she continued to try to fight him off. During the alleged struggle, the victim’s wallet and headphones fell out of her bag onto a subway seat. The defendant allegedly removed $47 from the victim’s wallet and stole her headphones before exiting the train at Atlantic Terminal.

The following day, at approximately 11:10 a.m., the defendant allegedly ambushed a second victim as she walked on Eastern Parkway near Bedford Avenue in Crown Heights. It is alleged that the defendant forced the woman into an alley where he molested her.

The defendant fled the location when a passerby allegedly saw the defendant attacking the victim and intervened. Another passerby called police who conducted a canvas of the area. Officers found the defendant walking three blocks from the incident location and placed him under arrest.

The case is being prosecuted by Senior Assistant District Attorney Deborah Cohen of the District Attorney’s Special Victims Bureau, under the supervision of Assistant District Attorney Miss Gregory, Bureau Chief.

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

 

Brooklyn District Attorney’s Office Accepting Applications For High School Summer Interns

FOR IMMEDIATE RELEASE
Monday, February 11, 2019

 

Brooklyn District Attorney’s Office Accepting Applications
For High School Summer Interns

Internship Will Give Students an Opportunity to Learn About the Criminal Justice System

Brooklyn District Attorney Eric Gonzalez today announced the launch of the application process for high school sophomores, juniors and seniors interested in participating in the summer internship program.  The five-week paid internship is open to students who live and/or attend high school in Brooklyn, and are interested in learning about the different careers and responsibilities within the criminal justice system. The internship runs from July 8 to August 9, 2019.

District Attorney Gonzalez said, “We are delighted to welcome the next class of high school interns interested in learning about the criminal justice system. Our goal every year is to provide the students with an understanding of how the system operates and how my office works to keep Brooklyn safe and strengthen community trust. This competitive internship is a great opportunity for students to get hands-on experience in a busy prosecutor’s office, where they will learn how a commitment to fairness and equal justice is integrated into our practice.”

Selected students will be assigned to one of the many specialized units within the DA’s Office, while also getting an overview of the criminal justice system. They can expect to assist with legal research and analysis; help prosecutors to prepare for trial; work on discovery; carry out file maintenance and organization of court documents; participate in Trial Zone workshops; participate in judicial, legal and law enforcement-related field trips; and observe criminal proceedings, including trials, guilty pleas and sentencings.

During the five-week internship, participants will receive a $150 stipend per week, and a weekly MetroCard. Internship hours will be: Monday through Thursday 9 a.m. to 4 p.m., and Friday 9:00 a.m. to 12:00 p.m. Applicants are required to provide their most recent school transcript, a one-page resume, one letter of recommendation, and submit a 300-word typed essay (12 pt. font and double-spaced) on why they are interested in interning with the Brooklyn District Attorney’s Office and what impact they think it will have on their future career goals.

To apply, please visit: http://apply.brooklynda.org  beginning February 11, 2019, to upload transcript, essay and resume. Only the recommendation letter should be emailed as an attachment to the Brooklyn District Attorney’s Office at hsinternships@brooklynda.org, with the subject line: Recommendation Letter (Applicant’s First and Last Name). All application materials must be received no later than March 25, 2019. For questions or assistance, please contact the High School Internship and Youth Initiatives Program Coordinator at (718) 250-4873.

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FOR IMMEDIATE RELEASE
Monday, February 4, 2019

 

Former NYPD Officer Who Killed Pedestrian and Injured Three Others While Driving Drunk Sentenced to up to 15 Years in Prison

Defendant’s Blood-Alcohol Level was Nearly Three Times the Legal Limit; Will Also Perform 350 Hours of Community Service by Educating Students About the Dangers of Drunk Driving

Brooklyn District Attorney Eric Gonzalez today announced that a former New York City Police Department officer has been sentenced to up to 15 years in prison for driving drunk in Williamsburg, jumping a curb and striking pedestrians on a sidewalk, killing one and injuring three others.

District Attorney Gonzalez said, “This tragic case is another reminder of how dangerous drunk driving is and the terrible toll it can exact. This defendant accepted responsibility for his reckless and criminal actions that early morning, which took a promising young man’s life and irreparably harmed three additional victims. I hope this sentence will bring a small measure of solace to the victims and their families.”

The District Attorney identified the defendant as Nicholas Batka, 30, of Greenpoint, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Jill Konviser to an indeterminate sentence of five to 15 years in prison following his guilty plea in November 2018 to the top count of aggravated vehicular manslaughter and three counts of aggravated vehicular assault. After completing his sentence, the defendant will serve 350 hours of community service with the “Choices and Consequences” program, which educates high school students on the risks and consequences of driving while intoxicated.

The District Attorney said that, according to the evidence, in the early morning hours of July 16, 2016, the defendant was drinking with friends at The Whiskey, a bar in Williamsburg, Brooklyn. At about 3 a.m., while driving his Dodge Durango, the defendant jumped the curb in the vicinity of Bedford Avenue and North 8th Street in Williamsburg. The vehicle struck four pedestrians on the sidewalk and crashed through a wrought iron fence into the front of a building at 161 Bedford Avenue.

Andrew Esquivel, 21, suffered blunt force trauma and died hours after the crash. Sophia Tabchhouri, 20-year-old at the time, suffered injuries to her legs and arms, including multiple fractures. Divya Menezes, 20-year-old at the time, suffered trauma to both legs and to the right arm plus pelvic fractures. James Balchunas, 24-year-old at the time, suffered serious leg injuries.

Blood taken from the defendant about two hours after the crash showed that his blood-alcohol level at that time was measured at .23, according to the evidence. The legal limit is a blood-alcohol level of .08.

The defendant, who was a probationary officer assigned to the Manhattan Transit Task Force, was fired by the Police Department a few days after the incident.

The case was investigated by Detective Kenneth Long, Detective Michael Sharpe and Detective Edward Behringer of the NYPD’s Collision Investigation Squad, and by Sergeant Terrence Smithson and Captain Louis Vierling of the NYPD’s Internal Affair Bureau.

The case was prosecuted by Senior Assistant District Attorney Krystyn Tendy, of the District Attorney’s Grey Zone Trial Bureau, and Assistant District Attorney Timothy Gough, Homicide Bureau Chief and formerly Bureau Chief of the Grey Zone, with the assistance of Assistant District Attorney Jennifer Nocella, Deputy Chief of the District Attorney’s Vehicular Crimes Unit.

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