About Ernest Johnson

FOR IMMEDIATE RELEASE
Tuesday, June 8, 2021

 

Brooklyn Teenager Indicted for Broad Daylight Shooting of 5-Year-Old Girl Playing on Sidewalk in East New York

Allegedly Fired Six Rounds at Unknown Man Walking Across the Street;
Bullet Grazed Victim’s Head

Brooklyn District Attorney Eric Gonzalez today announced that an 18-year-old Brooklyn man has been arraigned on an indictment in which he is charged with attempted murder and attempted assault for allegedly shooting a 5-year-old girl in the head as she played with her siblings on a sidewalk in East New York.

District Attorney Gonzalez said, “This defendant allegedly opened fire multiple times in broad daylight without any concern for the lives he was putting in danger. It is very fortunate that this young victim did not lose her life and that none of her siblings were hurt. We will never tolerate such reckless gun violence in Brooklyn that far too often jeopardizes the lives of innocent bystanders and will now work to bring this defendant to justice.”

The District Attorney identified the defendant as Omar Gelin, 18, of East New York, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Matthew Sciarrino on an indictment in which he is charged with second-degree attempted murder, first- and second-degree attempted assault, second-degree criminal possession of a weapon and reckless endangerment. The defendant was released on $100,000 bail and ordered to return to court on July 27, 2021. He faces a maximum sentence of 25 years in prison if convicted of the top count.

The District Attorney said that, according to the investigation, on April 5, 2021, at about 5:45 p.m., the defendant allegedly opened fire at least six times at an unknown man walking on the sidewalk near Dumont and Montauk Avenues. The shots fired missed their intended target, striking a 5-year-old girl as she played with her siblings on the sidewalk moments after leaving her mother’s car.

Shortly after the shots were fired, the victim expressed pain and her mother observed bleeding from a cut on her head. The victim was treated for a graze wound to the right side of her head at Brookdale Hospital.

Police officers from the New York City Police Department’s 75th Precinct recovered video surveillance footage that allegedly shows the defendant getting out of a silver Nissan Versa, removing a gun from the trunk of the car and firing multiple rounds at an unknown individual on the sidewalk. Video surveillance also allegedly captured the defendant place a firearm back in the trunk of the car, enter the driver’s seat and drive away.

According to the evidence, the Nissan Versa the defendant was allegedly seen driving belongs to the defendant’s father.

Following the incident, the defendant fled to South Carolina and was arrested by police officers assigned to the 75th Precinct on April 28, 2021.

The case is being prosecuted by Assistant District Attorney Evan Hannay of the District Attorney’s Red Zone Trial Bureau, under the supervision of Assistant District Attorney Karla Watson, Bureau Chief.

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

 

FOR IMMEDIATE RELEASE
Monday, June 7, 2021

 

Brooklyn Man Arraigned on Indictment Charging Him With
Sexual Assault of Woman He Followed Home from Subway

Defendant Fled After Victim Fought Him Off and Alerted a Neighbor

Brooklyn District Attorney Eric Gonzalez today announced that a Flatbush man has been arraigned on an indictment in which he is charged with assault, burglary, sexual abuse, forcible touching and other charges for allegedly following a woman from the subway to her apartment building and attacking the victim during an attempted rape.

District Attorney Gonzalez said, “This defendant is alleged to have followed the victim for several blocks before ambushing her in a violent attack. No woman in Brooklyn should feel unsafe walking the streets at night or in the refuge of their own homes. We will continue to vigorously prosecute cases of sexual violence and get justice for victims.”

The District Attorney identified the defendant as Kareem Gilmore, 32, of Flatbush, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Jill Konviser on an indictment in which he is charged with first-, second- and third-degree burglary, second- and third-degree assault, sexual abuse, forcible touching, criminal trespass, and related charges. He was released on $20,000 bail and ordered to return to court on July 8, 2021. He faces up to 25 years in prison if convicted of the top count.

The District Attorney said that, according to the investigation, on March 27, 2021, at approximately 2:40 a.m., the defendant allegedly followed the 24-year-old victim for four blocks, from the Beverly Road 2/5 subway station to her apartment building.

After noticing that the defendant followed her into the building, the victim began to run up the stairs. The defendant allegedly caught the victim on the stairs and dragged her to the ground where he attempted to remove her dress and underwear. The defendant allegedly touched his hand to the victim’s genital area and tried to unbutton his pants.

During the attack, the victim was able to escape the defendant. A neighbor heard the commotion in the stairwell, came to his door to see what was going on and allegedly saw the defendant fleeing towards the front door of the building.

It is alleged that the defendant punched the victim about her head and body several times with a closed fist during the attack and slammed her head into the stairs, causing bruising to the victim’s legs, bleeding and swelling to her face, pain to her head and fear of further physical injury.

Video surveillance from outside the victim’s apartment building shows the defendant following the victim into the building shortly before the attack and fleeing shortly after. The victim identified the defendant from the surveillance video. In addition, the defendant identified himself from the surveillance video.

The case is being prosecuted by Senior 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
Monday, June 7, 2021

 

Bronx Woman Indicted for Fatally Shooting Ex-Girlfriend
Execution-Style Outside Park Slope Deli

Defendant Allegedly Shot Victim Once in Attack Captured on Video;
Turned Herself in to Police Later that Day

Brooklyn District Attorney Eric Gonzalez today announced that a Bronx woman has been arraigned on an indictment in which she is charged with second-degree murder for fatally shooting her ex-girlfriend outside a Park Slope deli in a mid-day ambush caught on surveillance video.

District Attorney Gonzalez said, “This broad-daylight shooting tragically cut short the life of a beloved mother and a treasured member of a local neighborhood and faith-based community. The horrific violence this defendant allegedly committed was shocking and senseless. I encourage anyone experiencing violence or abuse at the hands of an intimate partner or a former partner to contact the trained counselors of our Victim Services Unit at 718-250-3820.”

The District Attorney identified the defendant as Latisha Bell, 39, of Grand Concourse, in the Bronx. She was arraigned today before Brooklyn Supreme Court Justice Matthew D’Emic on an indictment in which she is charged with one count of second-degree murder and two counts of second-degree criminal possession of a weapon. The defendant was ordered held without bail and to return to court on July 19, 2021. She 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 April 21, at approximately 1 p.m., the defendant allegedly approached Nichelle Thomas, 52, from behind as she entered a deli at the corner of Saint Marks Place and Fourth Avenue in Park Slope and fatally shot her once in the back of the head.

Thomas was a mother of two and a grandmother who was in graduate school to become a social worker. She was also a prominent and active member of Emmanuel Baptist Church in Clinton Hill. She died at New York Presbyterian Brooklyn Methodist Hospital.

A few hours after the shooting, the defendant turned herself in at the New York City Police Department’s 78th Precinct where police recovered the .38 caliber revolver the defendant allegedly used in the shooting.

Surveillance video from outside the deli allegedly shows the defendant approach the victim from behind and open fire execution-style at close range.

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

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

 

FOR IMMEDIATE RELEASE
Wednesday, June 2, 2021

 

Driver Who Allegedly Sped the Wrong Way into Intersection, T-Boned by Another Car and Fatally Struck Pedestrian Indicted for Manslaughter

Rosana Lopez, 53, Was Killed While Legally Crossing the Flatlands Intersection

Brooklyn District Attorney Eric Gonzalez today announced that a Crown Heights, Brooklyn man has been indicted for reckless manslaughter and related charges in connection with a vehicular crash that killed a 53-year-old woman who was legally crossing a Flatlands street in December 2020.

District Attorney Gonzalez said, “This defendant allegedly made a series of dangerous decisions that led to him speeding the wrong way on a one-way street into a busy intersection, causing a pedestrian to lose her life. We have zero tolerance for reckless and unlawful driving in Brooklyn, and, with the help of our Street Safety Bureau, have stepped up indictments against drivers who kill or injure others. Everyone using our streets and roads must do so in a legal and responsible manner.”

The District Attorney identified the defendant as Michael Rajpaul, 23, of Crown Heights Brooklyn. He was arraigned today by Brooklyn Supreme Court Justice Matthew Sciarrino on an indictment in which he is charged with second-degree manslaughter, second-degree assault, criminally negligent homicide and related charges. He faces up to 15 years in prison if convicted of the top count. He remains out on $75,000 bail and was ordered to return to court on July 20, 2021.

The District Attorney said that, according to the investigation, on December 9, 2020, the defendant was allegedly driving a 2008 Hyundai on Kings Highway when he hit a black BMW in traffic, causing minor damage. The defendant allegedly didn’t stop and drove off the highway with the BMW following behind him. At about 10:14 a.m., the defendant turned off Foster Avenue onto East 55th Street going the wrong way on a one-way street.

It is alleged that the defendant, driving at a high rate of speed, entered the intersection of Glenwood Road without stopping or slowing down. There was steady cross traffic on Glenwood Road and a 2009 Honda, proceeding through a green light, struck the defendant’s car. The Hyundai spun into the south crosswalk of East 55th and struck Rosana Lopez who was crossing inside the crosswalk with the walk sign. She was taken to Kings County Hospital, where she was later pronounced dead.

The case is being prosecuted by Assistant District Attorney Mark Rapisarda of the District Attorney’s Red Zone Trial Bureau, under the supervision of Assistant District Attorney Karla Watson, Bureau Chief. Senior Assistant District Attorney Jacob Uriel, of the District Attorney’s Street Safety Bureau, and Senior Assistant District Attorney Katherine Sessa, of the Red Zone, assisted in the investigation.

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

FOR IMMEDIATE RELEASE
Thursday, May 27, 2021

 

Defendant Indicted for Operating a Ponzi Scheme,
Stealing Over $1.3 Million from 14 Victims

Defendant Allegedly Told Victims that She Would Buy Discounted Properties
For Them at a Private Auction, Which Did Not Exist

Brooklyn District Attorney Eric Gonzalez today announced that a defendant has been arraigned on a 40-count indictment in which she is charged with stealing over $1.3 million from 14 victims in a fraudulent real estate investment scheme in which victims were allegedly told their money would be used to purchase discounted Brooklyn properties at a private auction. It is alleged that no properties were ever purchased, and that the defendant reimbursed some money to older investors, who demanded their funds, using money from more recent investors.

District Attorney Gonzalez said, “This defendant allegedly created an elaborate ploy to convince people to invest their money in what amounted to a Ponzi scheme. This is another example where Brooklyn’s valuable real estate market was exploited for criminal gains. We will now seek to get justice for the many individuals who were swindled out of thousands of dollars.”

The District Attorney identified the defendant as Regine Norman, a.k.a., Regine Ellis, 66. She was arraigned today before Brooklyn Supreme Court Justice Danny Chun on a 40-count indictment in which she is charged with second- and third-degree grand larceny, first-degree scheme to defraud, second-degree criminal possession of a forged instrument and related charges. Bail was set at $350,000 bond or $100,000 cash, and she was ordered to return to court on August 2, 2021.

The District Attorney said that, according to the investigation, between May 2018 and September 2020, the defendant allegedly engaged in a real estate fraud scheme in which she told her victims that she had access to buy properties located in Brooklyn and in the surrounding New York area, at a discount, usually by falsely claiming that she was a member of a private real estate auction. She then allegedly convinced her victims to wire her money for down payments on the properties.

After obtaining the down payment, the defendant allegedly provided her victims with fraudulent contracts of sale, which often included the forged signature of the actual property owner, and never used the funds to purchase any property. Among the properties were more than a dozen located in Brooklyn.

Furthermore, according to the investigation, the Department of State has no record of any business entity called “NY Private Auction Inc.,” the private auction company the defendant allegedly claimed to be a member of. The defendant allegedly provided her victims little information about the private auction, telling many victims that they could not attend or speak to anyone at the auction because only members had access.

Moreover, it is alleged that the actual owners of the various properties the defendant claimed were being auctioned never put their properties up for sale at auction and never retained the defendant as a broker or agent with the authority to buy or sell their properties.

Over the course of the defendant’s alleged scheme, several victims suspected they had been defrauded and repeatedly demanded the defendant return their money. The defendant, after holding on to victims’ money for an extended period of time, allegedly returned the full amount of the stolen funds to four victims using money stolen from more recent victims and paid a portion of the stolen funds to three other victims. The defendant allegedly has not returned any funds to seven of the victims.

It is alleged that the victims invested amounts ranging from $9,000 to as much as $350,000. Of the total $1.3 million allegedly received from investors, the defendant returned approximately $306,000. Approximately $998,000 is still outstanding.

The case was investigated by Detective Investigators assigned to the District Attorney’s Investigations Bureau and Investigative Analyst Dylan Camche. Supervising Financial Investigator Deborah Wey, of the District Attorney’s Investigations Division, assisted in the investigation.

The case is being prosecuted by Senior Assistant District Attorney Abigail Rosen, of the District Attorney’s Frauds Bureau, under the supervision of Assistant District Attorney Richard Farrell, Chief of the Real Estate Fraud Unit, Assistant District Attorney Gregory C. Pavlides, Chief of the Frauds Bureau, and Assistant District Attorney Michel Spanakos, Deputy Chief of the Investigations Division, and the overall supervision of Assistant District Attorney Patricia McNeill, Chief of the Investigations Division.

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

 

FOR IMMEDIATE RELEASE
Thursday, May 27, 2021

 

Brooklyn Man Arraigned on Indictment Charging Him With
Assault and Menacing as Hate Crimes Related to
Three Anti-Asian Hate Incidents

Defendant Allegedly Targeted His Victims Because of Their Race
in Three Attacks Over the Course of a Month

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man was arraigned on a 19-count indictment in which he is charged with assault as a hate crime, menacing as a hate crime and aggravated harassment in connection with three separate incidents in which he allegedly violently assaulted two Asian women and an elderly Asian man.

District Attorney Gonzalez said, “Without warning or provocation, this defendant allegedly attacked three innocent strangers because of their race. We have no patience for hate or intolerance in Brooklyn and everyone, regardless of their race, ethnicity, sexual orientation, gender, or religion, should feel safe to walk the streets without fear of being senselessly and violently attacked. We will continue to work with our partners in the community to address this disturbing rise in anti-Asian hate crimes and bring the perpetrators of bias-motivated crimes to justice.”

The District Attorney identified the defendant as Joseph Russo, 29, of Bensonhurst, Brooklyn. He was arraigned today on a 19-count indictment in which he is charged with second-degree assault, third-degree assault as a hate crime, third-degree menacing as a hate crime, aggravated harassment, and related charges before Brooklyn Supreme Court Justice Danny Chun. The defendant was ordered held on bail of $50,000 cash or $100,000 bond and to return to court on July 13, 2021.

The District Attorney said that, according to the investigation, the defendant allegedly assaulted and/or menaced three Asian individuals in the following incidents:

• On Friday, March 5, 2021, at approximately 9:20 a.m., at the corner of Kings Highway and West 6^th Street, the defendant allegedly walked directly in front of a 64-year-old woman and pushed her to the ground, causing the victim to fall and suffer pain to the body.

• On Monday, March 22, 2021, at approximately 7:40 a.m., on Kings Highway near East 13^th Street, the defendant allegedly approached a 32-year-old woman as she walked towards the train station and pulled her hair, violently dragging her to the ground and causing pain to the victim’s back.

• On Monday, April 5, 2021, at approximately 11:15 a.m., the defendant allegedly approached a 77-year-old man standing outside J & RNY Supermarket at 1406 Avenue U and pushed him from behind, causing the victim to fall to the ground and suffer bruising and pain to his hand.

Surveillance video captured the defendant during all three of the alleged attacks. A detective with the New York Police Department’s 62^nd Detective Squad was able to identify the defendant from the surveillance video.

The case was investigated by New York City Police Detective Daniel Zhang of the Hate Crimes Task Force. Paralegal Michael Chung of the Brooklyn District Attorney’s Office assisted with the investigation.

The case is being prosecuted by Assistant District Attorney Samantha Perlstein, of the District Attorney’s Hate Crimes Bureau, under the supervision of Assistant District Attorney Ari Farkas, Deputy Chief of the Hate Crimes Bureau, and overall supervision of Assistant District Attorney Kelli Muse, Chief of the Hate Crimes Bureau.

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

 

 

FOR IMMEDIATE RELEASE
Tuesday, May 25, 2021

 

Brooklyn District Attorney’s Office and Clergy Councils Announce
Strategic Community Partnerships to Help Reduce Gun Violence

Will Work Together in Impacted Communities on Street-Level Intervention, Alternatives to Incarceration, Victim Services, Clergy Care, Social Support Services and Mentorships;
Will Provide Immediate Coordination and Responses to Gun Violence in the Impacted Precinct

Brooklyn District Attorney Eric Gonzalez, together with Pastor Gilford T. Monrose, President of the 67th Precinct Clergy Council, “The GodSquad,” today announced a new strategic partnership to help reduce gun violence in Brooklyn. Working together with community members, the NYPD and faith leaders, the DA’s Office and Clergy Councils will endeavor to provide support and guidance to at-risk youth, and offer assistance in several high-crime precincts to strengthen trust between communities and law enforcement as part of a holistic approach to reducing crime and breaking the recurring cycle of violence and criminal justice involvement.

District Attorney Gonzalez said, “We are proud to announce this vital partnership with our Clergy Councils to work together to help eradicate violence in our communities. Finding community-based solutions to violence must be a priority in our fight against gun violence. I believe our faith leaders have an important role to play and can help us turn these crime upticks around because they have the experience, credibility and the resources to support victims of crime and to reach vulnerable youth and set them on a better path. I especially want to thank Pastor Monrose and the 67th Precinct Clergy Council, which has been engaged in street level interventions to reduce gun violence in East Flatbush for more than a decade. They have an impressive track record of success and have offered to share that experience and knowledge with other Clergy Councils and our community in order to help us reduce gun violence across Brooklyn.”

Pastor Monrose said, “Clergy Councils have long served as a liaison between law enforcement and the communities they serve. By building on this collective of clergy leaders, and growing on this collective of comprehensive, community plan to decrease young people’s involvement in crime and gun violence, while providing support to victims of violence, this partnership will embody a holistic, multi-pronged approach with the help of our very diverse Brooklyn clergy.”

As part of the program, the 67th Precinct Clergy Council, or The GodSquad as they are known, located in East Flatbush, will provide strategic, supportive and technical assistance to neighboring Clergy Councils in the 69th Precinct (Canarsie), 70th Precinct (Flatbush), 71st Precinct (Crown Heights), 73rd Precinct (Brownsville), 75th Precinct (East New York), 77th Precinct (Crown Heights) 79th Precinct (Bedford Stuyvesant), 81st Precinct (Bedford Stuyvesant), 83rd Precinct (Bushwick) and 90th Precinct (Williamsburg). That extended program will introduce a strategic and valuable relationship with the DA’s Office that will aim to decrease gun violence and youth involvement in the justice system through street-level intervention, victim services, clergy care, social support services and the Flatbush Leadership Academy.

The DA’s Office will utilize the Clergy Councils in several ways, such as: referring young participants in diversion programs with mentorship opportunities and other forms of support; flagging local disputes among our youth that can benefit from clergy intervention; offering internship and work opportunities to graduates of the Leadership Academy; prioritizing community-based programs as alternatives to incarceration; and, among other items, offering supportive assistance to victims.

It is the ultimate goal of this partnership to reduce the violence in Brooklyn’s communities. Gun violence and the loss of life has a significant and traumatic effect on families and the communities in which they live. Coordination between strong clergy leadership, and the sharing of responsibility for public safety with the District Attorney’s Office, local precincts and Precinct Clergy Councils, help us return power to our communities, help us achieve significant declines in crime, back to historic lows throughout areas that are experiencing endemic violence in Brooklyn and by extension, New York City.

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FOR IMMEDIATE RELEASE
Thursday, May 20, 2021

 

Brooklyn Man Who Allegedly Shot and Killed One Man, Injured Another, And Shot at Police Officers in Bedford-Stuyvesant Charged in 36-Count Indictment

Defendant Allegedly Fled from Homicide and When Confronted by Police Officers, Opened Fire

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been arraigned on an indictment in which he is charged with murder, attempted murder of a police officer and other charges for fatally shooting one man, shooting and injuring another man and then opening fire on three police officers a short time later – striking and injuring one officer.

District Attorney Gonzalez said, “This defendant’s allegedly brazen actions left an innocent man dead and two others injured, including a police officer, who fortunately was protected from more serious injuries by his bulletproof vest. We will now seek to bring this defendant to justice for allegedly shooting three individuals and endangering many others.

The District Attorney identified the defendant as Boyce Hayward, 26, of Bushwick, Brooklyn. He was arraigned virtually today from Brookdale University Hospital before Brooklyn Supreme Court Justice Danny Chun on a 36-count indictment in which he is charged with second-degree murder, first- and second-degree attempted murder, first- and second-degree assault, attempted aggravated assault on a police officer, second-degree criminal possession of a weapon and related charges. The defendant was ordered held without bail and to return to court on July 13, 2021. He faces up to life in prison for his alleged actions.

The District Attorney said that, according to the investigation, on May 12, 2021, at approximately 11:11 p.m., at the corner of Madison Street and Broadway, in the confines of the 83rd Precinct, the defendant allegedly approached a vehicle stopped at a light and fired multiple shots into the vehicle, striking and killing Randall Roberts, 28, and seriously injuring another passenger.

Minutes later, at approximately 11:15 p.m., the defendant was observed walking along Howard Avenue, near Saratoga Park, between Halsey Street and Macon Street in the 83rd Precinct, about five blocks from where he had just shot and killed Randall Roberts.

Police Officers Brian McGurran, Matthew Perry and Sergeant Kevin Beasley, of the 81st Precinct, saw the defendant after they received information regarding the shooting at Madison Street and Broadway.

Police Officer McGurran walked towards the defendant, who immediately turned around and allegedly fired at the police officers multiple times. The police officers returned fire, including Officer McGurran, who was struck multiple times. The defendant was also struck.

Officer McGurran was shot in the upper back, buttocks and thigh. He was treated at Kings County Hospital and released. The defendant was struck in the buttocks. He was taken to Brookdale University Hospital.

The case is being prosecuted by Assistant District Attorney Joseph Alexis, Chief of the Trial Division, and Senior District Attorney Robert P. Schwartz, of the District Attorney’s Homicide Bureau.

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

 

FOR IMMEDIATE RELEASE
Tuesday, May 18, 2021

 

Driver Who Crashed on Gowanus Expressway While Allegedly Driving Drunk and Speeding Indicted for Manslaughter

Allegedly Rear-Ended Tractor Trailer while Speeding Under the Influence,
Front Passenger Died in the Crash

Brooklyn District Attorney Eric Gonzalez today announced that a Staten Island man has been arraigned on an indictment in which he is charged with manslaughter, vehicular manslaughter and operating a vehicle while under the influence of alcohol. The defendant was allegedly intoxicated and speeding when he rear-ended a tractor trailer on the Gowanus Expressway. A 30-year-old woman in the front passenger’s seat of the defendant’s vehicle died in the crash.

District Attorney Gonzalez said, “This defendant allegedly made the regrettable decision to get behind the wheel after drinking alcohol. The evidence makes clear that he was in no condition to operate a vehicle, and that his recklessness cost the life of his passenger, a young woman with her whole life ahead of her. We will now seek to bring the defendant to justice.”

The District Attorney identified the defendant as Mark Dookhan, 31, of Staten Island, New York. He was arraigned yesterday by Brooklyn Supreme Court Justice Dineen Riviezzo on an eight-count indictment in which he is charged with second-degree manslaughter, second-degree vehicular manslaughter, second-degree assault, operating a motor vehicle under the influence of alcohol, and related charges. He faces up to 15 years in prison if convicted of the top count. He remains out on $300,000 bail and was ordered to return to court on July 26, 2021.

The District Attorney said that, according to the investigation, on March 10, 2021 at approximately 11:20 p.m., the defendant was allegedly driving a 2013 BMW 535i west bound on the Gowanus Expressway when he crashed into the rear of a tractor trailer stopped in traffic near the Verrazano Bridge. The defendant’s front seat passenger, Karen Diaz, 30, was killed in the collision.

It is alleged, according to the investigation, that the defendant was driving at approximately 75 miles per hour and that he applied the brakes only a half-second before the crash. The defendant was arrested at approximately 1:15 a.m. on March 11, 2021 and allegedly had a blood alcohol level of .12—above the legal limit of .08— when he was treated for minor injuries at NYU Langone Hospital-Brooklyn.

The case is being prosecuted by Assistant District Attorney Edward Kerins, of the District Attorney’s Blue Zone Trial Bureau, under the supervision of Assistant District Attorney Kin W. Ng, Bureau Chief.

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

 

FOR IMMEDIATE RELEASE
Thursday, May 13, 2021

 

Flatbush Landlord Indicted for Manslaughter in Connection
With Fatal Fire That Left One Dead

Defendant Allegedly Rented Out Illegally Subdivided Apartment Leading to Unsafe Conditions,
Deceased Victim Rented So-Called “Dead Man’s Room”

Brooklyn District Attorney Eric Gonzalez, together with New York City Department of Investigation Commissioner Margaret Garnett, New York City Buildings Commissioner Melanie E. La Rocca and New York City Fire Commissioner Daniel A. Nigro, today announced that the owner of a Flatbush apartment building who rented out rooms in an illegally subdivided apartment has been indicted on manslaughter and other charges stemming from a fatal fire caused by a space heater that left one tenant dead and several injured. The deceased victim was trapped in his room with no way to escape the fire and jumped from a third-floor window to his death.

District Attorney Gonzalez said, “This defendant was well aware of the dangers he allegedly created and allowed to persist, but tragically and disastrously chose to disregard building safety regulations leaving a tenant with no way to escape the fire. His alleged reckless disregard for the law and his failure to protect his tenants cost a man his life. We will now seek to hold him accountable for his actions.”

Commissioner Garnett said, “This tragedy was preventable and exemplifies why disregarding New York City building laws is not only illegal but also dangerous conduct. Apartments without safe escape routes or without the proper fire safeguards can have grave consequences as this incident demonstrates. DOI thanks the Brooklyn District Attorney’s Office and the City’s Buildings and Fire Departments for their partnership in exposing this wrongdoing and holding accountable those who choose to undermine safety by flouting the rules.”

Commissioner La Rocca said, “This case shows how chopping up apartments with illegal and unsafe construction can have deadly consequences. The fact is this tragic fatal fire could have been avoided, if not for the owner’s reckless disregard for both the law and the safety of his tenants. We thank District Attorney Gonzalez and our partner agencies for bringing charges in this important case, and we are proud to join in this critical effort of holding bad actors accountable.”

Commissioner Nigro said, “When critical safety regulations are ignored and apartments are illegally subdivided, lives are needlessly placed in danger. In this instance, a life was tragically lost due to fire. Thank you to the Department of Investigation, the Department of Buildings, and the Brooklyn District Attorney’s office for their collaboration on this investigation with our Fire Marshals, which we hope will prevent future tragedies from occurring.”

The District Attorney identified the defendant as Evener Leon, 62, of Flatbush, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on a seven-count indictment in which he is charged with second-degree manslaughter, criminally negligent homicide, second-degree reckless endangerment and four counts of endangering the welfare of a child. The defendant was released without bail and ordered to return to court on June 30, 2021. He faces up to 15 years in prison if convicted of the top count.

The District Attorney said that, according to the investigation, Leon was the owner of 1776 Nostrand Avenue, a three-story, two-family dwelling with a commercial space on the first floor. The defendant and his family lived in the second-floor apartment and the third-floor apartment was divided into four illegal apartments occupied by a total of seven adults and four children.

Furthermore, it is alleged, the building did not have gas or heat because the defendant stopped paying his utility bills years before the fire. Instead, he provided tenants with space heaters and they used hot plates to cook their meals.

On December 2, 2019, at approximately 4:00 a.m., a two-alarm fire erupted at 1776 Nostrand Avenue, starting on the second floor and spreading to the third floor, according to the investigation. Eight adults and five children were home at the time. Most suffered some smoke inhalation and other injuries as they crowded onto a rear fire escape to get out of the building.

A tenant who occupied a small room in the front of the building, Jean Yves Lalanne, 70, was trapped by the fire in what firefighters refer to as a “dead man’s room” because once the fire engulfed the stairwell he had no way to exit. There was no fire escape in the front of the building, and he was unable to reach the rear fire escape because of the layout of the third floor. Lalanne jumped from the third-floor window and fell to his death.

Fire Marshals determined that it was an electrical fire that started in the insulation of a cord connected to a space heater in the rear bedroom on the second floor and spread up to the third floor.

The Department of Buildings determined that Mr. Lalanne did not have free and unobstructed access to exits. Additionally, there were no sprinkler heads on the second or third floors, and there were no fire-proof or self-closing doors on the third floor.

The District Attorney thanked the New York City Department of Investigation, the New York City Department of Buildings and the New York City Fire Department for their assistance in this investigation.

The case is being prosecuted by Senior Assistant District Attorney Elliot Wertheim, Special Counsel to the Frauds Bureau Frank Longobardi and Senior Assistant District Attorney Rina Lee, of the District Attorney’s Frauds Bureau, under the supervision of Assistant District Attorney Samantha Magnani, Chief of the District Attorney’s Construction Crimes and Labor Fraud Unit and the overall supervision of Michel Spanakos, Deputy Chief of the District Attorney’s Investigations Division, and Assistant District Attorney Patricia McNeill, Chief.

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