About Ernest Johnson

FOR IMMEDIATE RELEASE
Wednesday, January 9, 2019

 

New Jersey Man Sentenced to 20 Years to Life in Prison for
Shooting at New York City Police Officers After Car Chase

One Officer Was Shot in the Chest, Another Was Struck in the Hip

Brooklyn District Attorney Eric Gonzalez today announced that a 37-year-old New Jersey man was sentenced to 20 years to life in prison for aiming a gun at a bystander and multiple New York City Police Officers ¬before wounding two police officers. The shooting happened after a car chase through Bedford-Stuyvesant in 2016.

District Attorney Gonzalez said, “This defendant tried to kill multiple police officers and endangered many other innocent people while on a rampage on the streets of Brooklyn. This case again underscores the dangers our police officers face every day to keep us all safe.”

The District Attorney identified the defendant as Frederick Funes, 37, of Egg Harbor, New Jersey. He was sentenced today by Brooklyn Supreme Court Justice Danny Chun to 20 years to life in prison. The defendant pleaded guilty to first-degree attempted murder last November.

The District Attorney said that, according to the investigation, on February 20, 2016, at approximately 3:20 a.m., the defendant fired a shot from inside his vehicle while driving recklessly near the intersection of Quincy Street and Malcolm X Boulevard in Bedford-Stuyvesant, Brooklyn. The defendant then drove past a marked police car that was stationed around the corner and pointed his silver Magnum .357 revolver at Police Officers Jorge Zorrilla and Ayanna Shine who were seated inside the car. The defendant then led police on a chase through the neighborhood.

During the pursuit, the defendant pointed his gun at a uniformed MTA employee and then at Detective Christopher Kelley, Detective William Reddin, Detective Andrew Yurkiw and Lieutenant Barbara Fisher who were inside of an unmarked police vehicle with lights and sirens on. The defendant then drove the wrong way on Lexington Avenue and intentionally crashed his car into a marked police vehicle with Detective Scot Pedrick, Officer Abigale Ramsundar and Officer Thomas Whalen inside, according to the investigation.

Furthermore, after the crash, the defendant fired his weapon at the police officers and they returned fire, striking him multiple times. Police Officer Yurkiw was shot in the chest, but was saved by his bullet proof vest, while Police Officer Reddin was shot in the hip. Police recovered the defendant’s weapon at the scene.

The case was prosecuted by Assistant District Attorney Timothy Gough, Bureau Chief of the District Attorney’s Homicide Bureau, and Senior Assistant District Attorney Krystyn Tendy, of the District Attorney’s Grey Zone Trial Bureau.

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FOR IMMEDIATE RELEASE
Wednesday, January 9, 2019

 

Driver who Crashed Car on Brooklyn Expressway and
Left Young Woman for Dead Sentenced to State Prison

Vehicle Exploded, Defendant Fled Scene in a Cab without Calling 911

Brooklyn District Attorney Eric Gonzalez today announced that a 24-year-old Brooklyn man has been sentenced to up to 12 years in state prison. The defendant pleaded guilty to second-degree manslaughter for causing a car crash on the Gowanus Expressway and fleeing the scene with his passenger stranded inside the burning car, leaving her to die.

District Attorney Gonzalez said, “This defendant’s senseless and reckless actions caused the death of a young woman who had her entire life ahead of her. He showed complete disregard for human life and for the safety of everyone using our roadways. Hopefully, the victim’s heartbroken family will find some solace with today’s sentencing.”

The District Attorney identified the defendant as Saeed Ahmad, 24, of Marine Park, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Vincent Del Giudice to an indeterminate term of four to 12 years in prison. The defendant pleaded guilty to second-degree manslaughter on November 27, 2018.

The District Attorney said that, according to the investigation, on October 13, 2017 at approximately 4 a.m., the defendant was driving an Infinity sedan, returning from a night out in Manhattan with a friend, 25-year-old Harleen Grewal.

The defendant was driving at an excessive rate of speed, attempted to pass other vehicles and crashed his car into a side barrier between the Hamilton Avenue and the Prospect Expressway exits, causing it to explode and burst into flames, the evidence showed. He got out of the burning car, got into a cab and left without calling 911 or alerting anyone that the victim was still in the vehicle. She subsequently died and her remains were recovered from the scene after the fire was put out.

The defendant was arrested later that morning and tests determined that his blood alcohol level at the time of the crash was above the legal limit of .08.

The case was prosecuted by Assistant District Attorney Theresa Shanahan, Deputy Bureau Chief of the District Attorney’s Blue Zone Trial Bureau, and Assistant District Attorney Joseph Mancino, also of the Blue Zone, under the supervision of Assistant District Attorney Robert Walsh, Bureau Chief.

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FOR IMMEDIATE RELEASE
Wednesday, January 9, 2019

 

Long Island Man Sentenced to 4 ½ to Nine Years in Prison in Connection with Stealing Nine Homes from Owners by
Illegally Transferring Titles, Filing False Documents

Investigation Began After Canarsie Homeowner Reported His House Stolen

Brooklyn District Attorney Eric Gonzalez today announced that a Nassau County man has been sentenced to 4 ½ to nine years in prison in connection with illegally transferring the titles of seven houses in Brooklyn and two in Queens from their true owners to himself or a corporation – then renting out some of the properties and selling others.

District Attorney Gonzalez said, “In Brooklyn, we take real estate scams very seriously. The houses targeted in this fraud are worth millions of dollars. My prosecutors and investigators worked diligently to expose this fraudulent scheme and bring this defendant to justice.”

The District Attorney identified the defendant as Danny Noble, 49, of Baldwin, New York. Noble pleaded guilty to first-degree criminal possession of stolen property and fourth-degree conspiracy before Brooklyn Supreme Court Justice Danny Chun on April 27, 2016 and was sentenced today to an indeterminate term of 4 ½ to nine years in prison. His co-defendant, Romelo Grey, 41, of Freeport, New York, pleaded guilty to falsifying business records on August 16, 2016, and was sentenced to 1½ to 3 years in prison.

The District Attorney said that, according to the indictment, between June 29, 2010 and March 31, 2015, the defendants falsely transferred title to seven Brooklyn properties: 71 Carlton Avenue, 104 Vanderbilt Avenue, 45 North Oxford Street and 70 Clermont Avenue, in Fort Greene; 1391 East 95th Street in Canarsie; 357 Jefferson Avenue in Bedford-Stuyvesant; 729 Essex Street in East New York and two properties in Queens: 94-05 108th Street in Jamaica and 187-05 Liberty Avenue in Hollis.

Five of the properties were transferred from the actual homeowners to Noble, according to the indictment, three were transferred to 69 Adelphi Street, LLC, and one to a third party. The defendants allegedly targeted the properties because the owners did not live in the houses and rarely visited them.

Once the titles were transferred, according to the indictment, the defendants carried out various scams in order to cash in on them. For example, Noble maintained control of 45 North Oxford Street, a recently renovated brownstone in Fort Greene, whose owner lived outside of the United States. Noble rented out two apartments in the brownstone, collecting $1,500 a month in rent for each of them. He also maintained control of the two houses in Queens, renting them out for various amounts.

In another facet of the scheme, concerning 1247 Putnam Avenue in Brooklyn, Noble filed a fraudulent satisfaction of mortgage.

Furthermore, for example, with respect to 71 Carlton Avenue, 104 Vanderbilt Avenue, 70 Clermont Avenue, and 1391 East 95th Street, the defendants transferred the properties’ titles into the names of other, third parties.

The District Attorney said that, according to the investigation, the scheme was discovered after Grey and Noble transferred the title to the Canarsie house at 1391 East 95th Street to a third party. Grey visited the house with the buyer to inspect it, and told the tenants living there that they had to move out. The buyer then began renovating the house and those workers caught the eye of an employee of a business across the street, which was actually owned by the true owner of 1391 East 95th Street. That employee called the owner of the property, who called police. Further investigation led to the defendants’ connections to the other properties.

As part of the scheme, Noble, the leader, filed false documents with the New York City Department of Finance, Office of the City Register, which maintains land records and other real property filings in New York City, including records relating to ownership and encumbrances, such as liens and mortgages.

The case was prosecuted by Assistant District Attorney Richard Farrell, Chief of the District Attorney’s Real Estate Fraud Unit, under the overall supervision of Assistant District Attorney Patricia McNeill, Deputy Chief of the Investigations Division.

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FOR IMMEDIATE RELEASE
Wednesday, January 9, 2019

 

Brooklyn Man Who Shot and Killed Young Father in Gravesend Park at Event to Deter Gun Violence Sentenced to 25 Years to Life in Prison

Victim, Who Had Just Celebrated His Son’s Birthday, Was Struck 17 Times

Brooklyn District Attorney Eric Gonzalez today announced that a Gravesend man has been sentenced to 25 years to life in prison for fatally shooting a 30-year-old father who had been celebrating his son’s third birthday at a Brooklyn park where a community event to combat gun violence was taking place.

District Attorney Gonzalez said, “This was a completely brazen and senseless murder of an innocent man. That it took place during an event meant to honor victims of gun violence and deter further fatalities is heartbreaking. In Brooklyn, we are committed to ending the cycle of gun violence that is destroying too many young lives and leaving families devastated.”

The District Attorney identified the defendant as Raheem Dunaway, 36, of Gravesend, Brooklyn. He was sentenced today to 25 years to life in prison by Brooklyn Supreme Court Justice Jill Konvisor. The defendant was convicted of second-degree murder and second-degree criminal possession of a weapon last month following a jury trial.

The District Attorney said that, according to the evidence, on August 21, 2016, at approximately 1:30 a.m., the defendant shot Daquan Spencer, 30, who was inside Scarangella Park on Stillwell Avenue, near the New York City Housing Authority’s Marlboro Houses, in Gravesend, Brooklyn.

The community was hosting an inaugural event in the park to combat gun violence and memorialize the lives of six young men who died of gun violence. The victim was at the park after celebrating his son’s birthday.

The evidence showed that the defendant was picking arguments and confronting people for no apparent reason prior to approaching the victim, and without any reason or provocation, firing at him 20 times, striking him 17 times in the head, neck, back, chest, stomach, legs and buttocks. The defendant continued shooting as the victim fell on his knees and attempted to crawl away.

Following the shooting, the defendant walked to a waiting vehicle parked in the street and left the scene, according to trial testimony. The defendant was arrested approximately two and a half months later in Loris, South Carolina, on November 10, 2016. After his extradition to New York, he was identified as the shooter at a police lineup and from witness statements, according to trial testimony.

The case was prosecuted by Senior Assistant District Attorney Chow Yun Xie, of the District Attorney’s Homicide Bureau, and Assistant District Attorney Aaron Fishkin, of the District Attorney’s Green Zone Trial Bureau, under the supervision of Assistant District Attorney Timothy Gough, Homicide Bureau Chief.

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FOR IMMEDIATE RELEASE
Tuesday, January 8, 2019

 

Brownsville Man Indicted for 2012 Cold Case
Murder of His Girlfriend

Defendant’s DNA Found on Victim’s Fingernails and on
Laundry Bag in Which Body was Discovered

Brooklyn District Attorney Eric Gonzalez today announced that a 59-year-old man has been indicted for murder, with DNA evidence connecting him to the 2012 death of his 50-year-old girlfriend whose body was discovered inside a laundry bag that was left on a street in Brownsville, Brooklyn.

District Attorney Gonzalez said, “A thorough examination of the forensic evidence in this cold case and additional recent investigatory steps allowed us to bring murder charges in order to hold the alleged killer responsible. My Cold Case Unit continues to work diligently with the NYPD to identify and investigate past crimes, including those that lie dormant, in an attempt to bring all offenders to justice.”

The District Attorney identified the defendant as Clayton Wilkins, 59, of Brownsville, Brooklyn. He was arraigned yesterday before Brooklyn Supreme Court Justice Vincent Del Giudice on one charge of second-degree murder and one charge of first degree strangulation and was ordered held without bail and to return to court on March 22, 2019. The defendant faces a maximum sentence of 25 years to life in prison if convicted.

The District Attorney said that, according to the investigation, on February 15, 2012, at about 12:30 p.m., the body of Renee Staton, 50, of Manhattan, was discovered inside a black laundry bag outside of 101 Lott Avenue in Brownsville. The victim was last seen the previous afternoon leaving the Bridge’s lyana House in East Harlem, which provides housing for homeless women.

A forensic analysis of the evidence recovered from the victim’s left and right hands’ fingernails, from a scarf the victim was wearing and from the drawstrings of the laundry bag matched a DNA sample that was provided by the defendant. In a recent interview with detectives, the defendant, who was dating the victim at the time, denied ever seeing the laundry bag or getting scratched by the victim.

The case was investigated by Detective Jason Palamara of the NYPD’s Cold Case Squad, under the supervision of Lieutenant Dennis Klein.

The case is being prosecuted by Senior Assistant District Attorney Emily Dean, of the District Attorney’s Homicide Bureau, under the supervision of Assistant District Attorney Rachel Singer, Chief of the District Attorney’s Forensic Science and Cold Case Unit, and Timothy Gough, Homicide Bureau Chief.

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

 

FOR IMMEDIATE RELEASE
Thursday, December 27, 2018

 

Brooklyn Records the Lowest Number of Homicides in 2018 as
Detentions on Bail and Prosecutions of Drug Offenses Decline Dramatically

Murders Dropped Below 100 for the First Time Since Record-Keeping Began;
Admissions to Rikers Island on Misdemeanor Cases Declined by Over 43%

Brooklyn District Attorney Eric Gonzalez today announced that 2018 will end with the fewest number of homicides in Brooklyn since record-keeping began, beating last year’s historic low and dropping below 100 for the first time. At the same time, the number of misdemeanor defendants held in Rikers on bail declined by over 43% compared to 2017; the number of prosecutions of marijuana possession offenses was slashed by 98%; and the number of prosecutions of low-level possession of a controlled substance dropped by about 10%, with 150 individuals having their cases dismissed without ever appearing in court under the new Brooklyn CLEAR diversion program.

District Attorney Gonzalez said, “In Brooklyn, we are leading the way in implementing initiatives that strengthen trust in the criminal justice system while keeping communities safe. Working with the NYPD, we are continuing to see declines in most crimes, with another historic low in homicides. And we are showing our commitment to enhancing fairness and equity by reducing reliance on incarceration and offering more opportunities for diversion. I look forward to achieving additional meaningful reforms in the coming year as we execute my Justice 2020 action plan and build a truly progressive and modern District Attorney’s Office.”

The District Attorney said that 97 murders were recorded in Brooklyn to date in 2018, 13 fewer than last year’s low of 110 (down 11.8%).  This is the first time when fewer than 100 murders took place in the borough annually since record-keeping began. The most significant declines were in Coney Island (60th Precinct), where no murders were committed, compared to eight in 2017; East Flatbush (67th Precinct), which experienced a 65% decrease, from 17 to six; and East New York (75th Precinct), with six homicides compared to 11 the year before, down 45%.

After reaching historic lows in shootings and shooting victims in 2017, there were upticks in these two categories in 2018. There were 21 additional shootings for a total of 308 and 25 additional shooting victims for a total of 366. These figures still represent 26% and 27% declines respectively compared to 2016.

There was a 1.9% drop in the seven major crime categories in 2018 with significant reductions in robberies (-8.2%), burglaries (-4.1) and grand theft auto (-11.3%), but an increase in reported rapes (15.9%). Total arrests in Brooklyn fell by 14.6% compared to 2017. Overall safety improved in Brooklyn’s housing developments, with declines in homicides (-26%), shootings (-2.8%) and shooting victims (-4.8%). [All statistics are as of December 27, 2018, according to the NYPD’s CompStat analysis.]

Detentions on Rikers Island on misdemeanor cases also continued to go down in keeping with a trend that started after District Attorney Gonzalez put in place a new bail policy in April 2017, under which release without bail became the District Attorney’s Office’s default position for most misdemeanors. Monthly admissions to jail on these offenses averaged 96.8 people in 2018, down 43.3% compared to the year before and down nearly 58% since the bail policy was implemented (the monthly average stood at 228.6 in 2016 and 171.2 in 2017).

Prosecutions of low-level drug offenses also decreased sharply as a result of changes to the District Attorney’s priorities and policies. Prosecutions of misdemeanor marijuana possession cases plunged by about 98% over the course of 2018, as District Attorney Gonzalez expanded the Office’s declination policy in the spring to include smoking cases. That groundbreaking change was followed by citywide revisions of the NYPD’s enforcement policies that now call for criminal summonses as the primary response to low-level marijuana offenses. Last week, The District Attorney moved to vacate 1,422 misdemeanor warrants stemming from marijuana possession cases and erased 28 past marijuana possession convictions, representing the first time in New York State that criminal records for that offense were cleared under a DA’s initiative. The District Attorney said that any legislation that legalizes marijuana use must include a provision to erase old records for possession.

Misdemeanor possession cases of other narcotics also fell in Brooklyn over the past year with the number of criminal complaints declining by 9.6%. Much of the drop can be attributed to Brooklyn CLEAR, which started as a pilot in February and expanded in September to the entire borough. Under CLEAR, individuals arrested on misdemeanor charges of criminal possession of a controlled substance in the seventh degree have the opportunity to resolve their cases by receiving services rather than appearing in court if they comply with independent assessment-based recommendations for 30 days. So far, 150 people had their cases dismissed before ever appearing in court, with 44 others still enrolled in the program. A total of 219 naloxone kits that reverse the effects of opioid overdoses were distributed by peer counselors as part of the program.

Early in 2019, District Attorney Gonzalez will release his entire Justice 2020 action plan, which consists of additional transformative changes to the way his Office processes cases, partners with the community, targets drivers of crime and evaluates data and staff performance, among other reforms. Some of the initiatives planned for the coming year include collaborations with criminal justice experts and academics, new approaches to community service, expanded programs for pre-charge and pre-arraignment diversion with low-threshold participation, improvements in discovery policies and new trainings for prosecutors.

 

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FOR IMMEDIATE RELEASE
Thursday, December 20, 2018

 

Former Executive Director Indicted for Allegedly
Stealing over $458,000 from Fort Greene Nonprofit

Defendant Allegedly Embezzled the Money Over a Nine-Month Period

Brooklyn District Attorney Eric Gonzalez today announced that a former Executive Director of Boys Hope Girls Hope of New York, a local chapter of a national nonprofit, was arraigned today on an indictment in which he is charged with grand larceny and other charges for allegedly transferring over $458,000 from the organization’s bank account into unauthorized bank accounts, two of which were in his own name.

District Attorney Gonzalez said, “This defendant allegedly embezzled money from a nonprofit whose mission is to help disadvantaged youth in our community reach their full potential. He not only abused his position as an executive by his alleged criminal actions, but also betrayed the trust of the organization he was supposed to lead.”

The District Attorney identified the defendant as Malick Fall, 39, of Fort Greene, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which he is charged with three counts of second-degree grand larceny and four counts of third-degree grand larceny. He faces up to 15 years in prison if convicted of the top count. He was ordered held on $250,000 bond or $100,000 cash bail and to return to court on February 6, 2019.

The District Attorney said that, according to the investigation, between October 15, 2015 and June 7, 2016, the defendant allegedly made six unauthorized transfers totaling $458,950 from a bank account of the organization into various bank accounts, including two accounts in his name. It is alleged that he transferred an aggregate total of $355,000 electronically on January 4, 2016, January 11, 2016 and June 7, 2016 into a personal account that he maintained at TD Bank. On October 15, 2015, the defendant allegedly transferred $48,950 into a personal account he maintained at Chase Bank.

The defendant denied knowledge of the six transfers when the theft was discovered through an audit. The matter was referred to the New York City Police Department by trustees of Boys Hope Girls Hope of New York.

The case was investigated by Chief Financial Analyst Arthur Criscione and Senior Assistant District Attorney Joseph DiBenedetto, of the District Attorney’s Office.

The case is being prosecuted by Senior Assistant District Attorney Joseph DiBenedetto, of the District Attorney’s Cyber Crimes Unit/Frauds Bureau, under the supervision of Assistant District Attorney Gavin Miles, Counsel to the Frauds Bureau, and the overall supervision of Assistant District Attorney Patricia McNeill, Deputy 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
Thursday, December 20, 2018

 

Brooklyn Man Indicted for Rape and Predatory Sexual Assault for
Allegedly Attacking a Woman Near Prospect Park

Defendant Allegedly Grabbed the Victim as She Walked Home;
Sexually Assaulted Her Multiple Times

Brooklyn District Attorney Eric Gonzalez today announced that a 28-year-old homeless man has been indicted for allegedly attacking a 59-year-old woman in the early morning hours of November 18, 2018 after approaching her from behind and putting her in a chokehold.

District Attorney Gonzalez said, “Keeping our streets safe from violent sexual predators is a top priority. I am committed to seeking justice for victims of sexual assault. This was a particularly violent and heinous attack and I commend the victim for her courage in coming forward.”

The District Attorney identified the defendant as Mowngly Lucas, 28; the defendant was living in a Queens homeless shelter at the time of his arrest. He was arraigned today before Brooklyn Supreme Court Justice William Miller on a 25-count indictment in which he is charged with predatory sexual assault, first-degree rape, first-degree sexual abuse, forcible touching and related charges. He was ordered held on $500,000 bail and to return to court on February 19, 2018. He faces up to 25 years to life in prison if convicted of the top count.

The District Attorney said that, according to the investigation, on November 18, 2018, at approximately 5 a.m., the victim, a 59-year-old woman, was walking on Parkside Avenue at Parade Place when she was grabbed from behind by the defendant, who put her in a chokehold and said: “I have a knife. I just got out of jail and I don’t care, so follow what I told you.”

It is alleged that the defendant told the victim to pull down her pants and he raped her. Furthermore, it is alleged that the defendant moved the woman behind a nearby bench and ordered her to get down on her hands and knees and raped her again.

Finally, it is alleged, the defendant put his arm around the victim’s neck, causing her to have difficulty breathing and walked her over to a parked van. He then allegedly broke a window on the van and demanded that the victim get into the van. He then entered the van, sexually abused the victim and raped her a third time. He then allegedly stole money from her purse and fled.

The defendant was arrested by New York City Police Department detectives assigned to the Brooklyn Special Victims Squad on November 28, 2018, following an investigation.

The case is being prosecuted by Senior Assistant District Attorneys Linda Weinman and Lana Schlesinger, of the District Attorney’s Special Victims Bureau, under the overall 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
Wednesday, December 19, 2018

 

Brooklyn District Attorney Eric Gonzalez Moves to Erase Past Convictions And Outstanding Warrants for Low-Level Marijuana Possession

Erased Dozens of Old Marijuana Possession Convictions for First Time in State History; Vacated Over 1,400 Open Warrants for Offenses His Office No Longer Prosecutes

Brooklyn District Attorney Eric Gonzalez today moved to vacate 1,422 outstanding misdemeanor warrants stemming from failure to appear in court on misdemeanor marijuana possession cases, and also consented to defense motions to erase 28 past convictions for misdemeanor marijuana possession. Vacating those convictions – which is part of the District Attorney’s Justice 2020 action plan – represents the first time in New York State history that a criminal record for marijuana possession was erased under a DA’s initiative.  

Below is the record DA Gonzalez made in Brooklyn Criminal Court today before Administrative Judge Michael Yavinsky:  

“Your Honor, I would like to thank you and the Office of Court Administration for accommodating us today and for your ongoing partnership as we work on creating a more fair and equitable justice system in Brooklyn.  

As the Court knows, my Office has stopped prosecuting the vast majority of marijuana possession and smoking cases, because I do not believe that pursuing those cases makes us safer, and because I recognize that the racial disparities in enforcement with respect to these offenses remained intractable.  

In the past several months, my Office filed criminal complaints in only a small handful of marijuana possession cases, which represented the most egregious conduct, and we have also created a program to erase past convictions for these offenses, which I will address in a moment.

And today, in cooperation with The Legal Aid Society and Brooklyn Defender Services and with the assistance of the Court, I move to vacate warrants in the cases numbered one through 1,422 that were generated for a failure to return to court on a low-level marijuana offense under Penal Law Sections 221.10 or 221.05. I further move to dismiss the underlying cases corresponding to each of these warrants. 

These are cases my Office no longer prosecutes and if individuals with these warrants were to return to court or get arrested on these warrants – my Office would decline to prosecute their cases. 

Therefore, I ask that these 1422 warrants be vacated. Back in September, I moved to vacate over 3,000 summons warrants generated from marijuana possession offenses and today’s action effectively clears the entire deck of warrants in Brooklyn that stemmed from this type of conduct. 

I note that the majority of these warrants were issued to Black and Latino New Yorkers, and many are remnants of stop-and-frisk policies that harmed many of our communities and that the City has since abandoned. I believe we must do what we can to repair the harms done to the individuals and the communities that were targeted in well-meaning but misguided efforts of the past.

I strongly believe that clearing these misdemeanor warrants is what justice requires in these cases and corresponds with my mission of keeping Brooklyn safe and strengthening trust in the criminal justice system by ensuring fairness and equal justice for all. 

Thank you, Your Honor.”  

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“Your Honor, as the Court is aware, my office created the first program of its kind to facilitate defendants filing petitions to erase their past marijuana convictions, to relieve them of various harms in individual cases. 

For the reasons stated in the papers we filed today, my office consents to the coram nobis petitions of numbers 1 to 28 on the Court’s calendar. 

Thank you, Your Honor.”
 

The District Attorney said that as we move away from prosecuting misdemeanor marijuana possession offenses, we cannot forget those who are still burdened by a past conviction for conduct we no longer prosecute. These convictions can create obstacles in securing employment, housing, educational grants and so on. Many of them stem from policies that resulted in intractable racial disparities in enforcement and fostered a sense of mistrust between law enforcement and the communities we serve.  

District Attorney Gonzalez added, “These past convictions do not make us safe as they may hold back those who carry them from moving forward with their lives as contributing members of society.”  

The ongoing program to erase marijuana possession convictions in Brooklyn is being held in partnerships with The Legal Aid Society and Brooklyn Defender Services. The motions that were erased today were collected during three events over the past three months in which individuals were invited to consult with a public defender and, if eligible, to fill out a motion asking to vacate their convictions.  

With Governor Cuomo declaring marijuana legalization a legislative priority, the District Attorney said he believes that clearing past convictions must be part and parcel of any future legislation. The important step taken today sends a message that clearing people’s records is both feasible and essential in Brooklyn and throughout New York State.   

The Brooklyn District Attorney reduced the prosecution of low-level marijuana possession offenses during 2018 by expanding its declination policy in the spring to include cases involving smoking in public, resulting in a 98% decline. The New York City Police Department changed its enforcing policies in September to use criminal summonses as a response to low-level marijuana offenses. District Attorney Gonzalez has stated that he believes the response should be civil summonses.   

The initiative is being implemented by a Justice 2020 working group that includes Special Counsel Melinda Alexis-Hayes, Senior Communications Officer Oren Yaniv, Assistant District Attorneys Gregory Accarino, Omar Harding, Richard La Rosa, Jodi Mandel, Shaneka McKellar, Lisa Perlman, Evelina Rene, Jacques Roussel and Jonathan Visotzki, under the direction of Special Counsel David Satnarine, and the supervision of General Counsel Tali Farhadian Weinstein.

The number of Brooklyn prosecutions this year of misdemeanor marijuana possession is represented in the attached chart. 

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FOR IMMEDIATE RELEASE
Tuesday, December 18, 2018

 

Staten Island Man Indicted for Fatal Assault of Off-Duty Firefighter
On Belt Parkway Following Minor Fender Bender

Defendant Allegedly Struck Victim in the Head, Left the Scene

Brooklyn District Attorney Eric Gonzalez today announced that a 29-year-old man has been indicted on a charge of second-degree murder for assaulting and causing the death of an off-duty firefighter earlier this month. The victim suffered multiple skull fractures and hemorrhaging from a fatal blow to the head.

District Attorney Gonzalez said, “We allege that this defendant viciously and senselessly attacked a dedicated and beloved city firefighter who was committed to public service. There is no place on the streets of Brooklyn for such mindless violence. We will now seek to get justice for the victim and his heartbroken loved ones.”

The District Attorney identified the defendant as Joseph Desmond, 29, of Staten Island. The defendant was arraigned today before Brooklyn Supreme Court Justice Vincent DelGiudice on an indictment in which he is charged with second-degree murder. He was ordered held without bail and to return to court on March 1, 2019. If convicted, he faces up to 25 years to life in prison.

The District Attorney said that, according to the investigation, in the early morning hours of December 9, 2018, the defendant and the victim, Faizal Coto, 33, were both traveling east-bound on the Belt Parkway when they had a minor collision. It is alleged that both drivers pulled over to the side of the road near Exit 4 at 14th Avenue/Bay 8th street.

A passerby traveling west-bound saw the victim in distress, drove to assist him and called 911. The victim, who was an off-duty firefighter assigned to Engine 245 in Brooklyn, was pronounced dead at the scene. The victim was struck once in the left temple and the cause of death was determined to be blunt force trauma to the head.

The defendant was arrested the following day after license plate readers picked up the plate number of his 2006 Infiniti G35 on the Belt Parkway near the victim’s car at the same approximate time and in the vicinity of the incident. Police tracked down the defendant to a motel in South Amboy, New Jersey. He waived extradition and was returned to New York earlier today.

The case is being prosecuted by Senior Assistant District Attorney Andy Palacio, of the District Attorney’s Homicide Bureau, and Senior Assistant District Attorney Sara Gronningsater, of the District Attorney’s Blue Zone Trial Bureau, under the supervision of Assistant District Attorney Timothy Gough, Homicide Bureau Chief.

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