About Ernest Johnson

FOR IMMEDIATE RELEASE
Monday, March 6, 2017

 

Four Gang Members Convicted of Attacking
Two Bedford-Stuyvesant Brothers, Killing One

Defendants Stabbed and Robbed Victims, Who Were Coming Home from Work

Acting Brooklyn District Attorney Eric Gonzalez today announced that four known gang members have been convicted of second-degree murder, robbery, and related offenses for fatally stabbing a 23-year-old man and wounding his brother. The brothers were returning home from work in the early morning hours of September 7, 2014. One of the defendants later threatened the surviving victim in open court.

Acting District Attorney Gonzalez said, “The victims—two innocent and hard-working brothers—courageously stood up against a vicious attack that began as a robbery and ended with one brother’s tragic death. These convictions ensure that these violent defendants are kept off of our streets.”

The Acting District Attorney identified the defendants as Carmello Bello, 28, and Miguel Bello, 34, of Bedford-Stuyvesant, Javier Ortiz, 35, and Martin Carillo, 36 of Sunset Park, Brooklyn. All four defendants were convicted last week of second-degree murder and first-degree robbery; some were convicted of related, lesser offenses. The convictions followed a two-jury trial before Brooklyn Supreme Court Justice Evelyn Laporte. The defendants will be sentenced on April 17, 2017, at which time they each face a maximum of 25 years-to-life in prison.

The Acting District Attorney said that, according to trial testimony, on September 7, 2014, at approximately 1:50 a.m., the defendants approached and demanded money from the victims, Juan Carlos Luna-Juarez, 23, and his 27-year-old brother as they returned home from work.

When the victims did not comply the defendants, acting together, proceeded to repeatedly punch, kick, and stab the two victims. The defendants then stole a bike and backpack, according to trial testimony. During the attack, Juan Juarez was stabbed approximately 10 times and died as the result of a puncture wound to the heart. His brother suffered stab wounds to his leg and back and survived the injuries.

The defendants, all members of the Ninos Malos gang, were apprehended near the crime scene shortly after the attack. When they were arrested, two defendants had blood on their clothing, which was later determined to belong to the victims, while officers found a knife in the pocket of one defendant. Two additional knives were recovered from the crime scene on Myrtle Avenue between Marcy and Tompkins Avenues. Defendant Miguel Bello subsequently admitted to being at the crime scene and stabbing someone, the evidence showed.

The case was prosecuted by Senior Assistant District Attorneys Yaniris Urraca and Leila Rosini, of the District Attorney’s Violent Criminal Enterprises Bureau, under the supervision of Assistant District Attorney Nicole Chavis, VCE Chief, and the overall supervision of Executive Assistant District Attorney William E. Schaeffer, Chief of the District Attorney’s Investigations Division and Assistant District Attorney Patricia McNeill, Deputy Chief.

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FOR IMMEDIATE RELEASE
Wednesday, March 1, 2017

 

Brooklyn Construction Company, Long Beach Owner with Public Contracts Charged with Underpaying Workers by Over Half a Million Dollars

Defendants Allegedly Paid Less than the Prevailing Wage on 15 Construction Contracts

Acting Brooklyn District Attorney Eric Gonzalez, together with New York City Department of Investigation Commissioner Mark G. Peters, today announced that a Brooklyn-based construction company and its owner have been charged with underpaying employees assigned to public works projects, stealing more than $568,000 in wages. The projects were financed by the New York City School Construction Authority and other government agencies.

Acting District Attorney Gonzalez said, “These defendants were entrusted with public funds for public projects and, in exchange, they promised to pay the prevailing wage to their employees, who were repairing Brooklyn schools and other facilities. As alleged, the defendants breached that trust, falsifying official records and stealing the hard-earned wages of their employees. This prosecution shows that employers who think they can siphon employee wages without repercussions are mistaken, and we will also work to make sure these employees are fully compensated.”

Commissioner Peters said “This construction company owner exploited his City contracts and stole from employees to pad his own wallet, paying some workers less than a third of what they were owed per hour for their hard labor, according to the charges. Prevailing wage theft is a callous and costly crime: It cheats workers out of wages, defrauds the City and compromises the integrity of construction sites. DOI will continue to work with its partners to ensure companies who ignore these laws answer for their crimes.”

The Acting District Attorney identified the defendants as Michael Riglietti, 49, of Long Beach, New York, and his company MSR Electrical Construction Company, previously located at 31 Bay Street in Red Hook, Brooklyn. They were arraigned today before Brooklyn Supreme Court Justice Danny Chun on charges of second-degree grand larceny, violation of New York State Labor Law Section 220, first-degree scheme to defraud, first-degree offering a false instrument for filing, and first-degree falsifying business records. The defendants are expected to return to court on May 24, 2017.

The Acting District Attorney said that, according to the investigation, the defendants were granted 15 public works contracts from three government agencies between December 2012 and December 2015. In particular, the defendants were contracted by the NYC SCA to complete electrical work in 13 public schools including four Brooklyn schools: P.S. 164 and P.S. 767 in Borough Park, and P.S. 297 and I.S. 49 in Williamsburg. The defendants were also contracted by the New York State Office of General Services to perform work at Creedmoor Psychiatric Center in Queens, and as subcontractors by the Metropolitan Transportation Authority for services at five locations in Manhattan and Queens.

In total, the defendants stole over $568,000 in contract revenue they should have paid to employees on these projects.

Labor Law and the public works contracts required the defendants to pay prevailing wages and benefits to all employees who worked on these projects. The defendants listed the names of the four electricians on the certified payroll reports submitted to NYC SCA, the MTA and OGS, which asserted that the defendants had paid all workers the required prevailing wage of between $51-$54 per hour, plus benefits of $42.45-$50.13. The defendants are accused of instead paying their employees between $13.50-$25 per hour, without overtime or required benefits, pocketing over $500,000 in public funds that rightfully belonged to the four employees.

Following an initial investigation by the NYC SCA Office of the Inspector General, the case was referred to the Labor Frauds Unit of the District Attorney’s Frauds Bureau.

The Acting District Attorney has filed an asset forfeiture action seeking to recover the victims’ lost wages.

The case was investigated by NYC SCA Office of the Inspector General Intelligence Investigator Hilary Hart, Investigative Accountant Raymond Dowd, Investigator Charles Shevlin, Deputy Counsel Celeste Sharpe under the supervision of Assistant Inspector General Nicholas Scicutella, Deputy Inspector General Gerard McEnroe and Vice President/Inspector General Maria Mostajo, who reports to New York City Department of Investigation Associate Commissioner James Flaherty. The case was also investigated by New York City Police Detective Robert Magrino of the Asset Forfeiture Unit of the Criminal Enterprise Division, under the supervision of New York City Police Sergeant Igor Galitsky and New York City Police Lieutenant Charles Scalzo.

The case was further investigated by Senior Assistant District Attorney John Genovese, of the District Attorney’s Asset Forfeiture and Crimes Against Revenue Bureau, and Susan Ryan, Supervising Financial Investigator, under the supervision of Greg Mitchel, Bureau Chief. The Asset Forfeiture and Crimes Against Revenue Bureau initiates forfeiture proceedings to recoup illegal proceeds from offenders who have engaged in and profited from illegal activities.

The Acting District Attorney thanked the New York City School Construction Authority, the New York State Office of General Services and the Metropolitan Transportation Authority for their assistance and cooperation.

The case is being prosecuted by Senior Assistant District Attorney Samantha Magnani, of the District Attorney’s Frauds Bureau, under the supervision of Assistant District Attorney Felice Sontupe, Bureau Chief and Assistant District Attorney Dana Roth, Deputy Bureau Chief and the overall supervision of Executive Assistant District Attorney William E. Schaeffer, Chief of the Investigations Division and Assistant District Attorney Patricia McNeill, Deputy Chief.

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

 

FOR IMMEDIATE RELEASE
Monday, February 27, 2017

 

East Flatbush Man Indicted for Murder and Dismemberment of Girlfriend

Victim’s Remains Found Dumped in the Bronx and in the Defendant’s Freezer

Acting Brooklyn District Attorney Eric Gonzalez today announced that a 40-year-old man has been arraigned on an indictment charging him with the murder and dismemberment of his girlfriend, whose remains were found in the defendant’s apartment and at a waste station in the Bronx.

Acting District Attorney Gonzalez said, “While we cannot erase the cruelty of Leondra Foster’s death, we can commit to seeking swift and certain justice, both for her heartbroken family and her alleged killer. Today’s indictment, with its disturbing allegations, is the next step toward fulfilling that promise.”

The Acting District Attorney identified the defendant as Somorie Moses, 40, of 185 Erasmus Street in East Flatbush, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Matthew D’Emic on one count of second-degree murder and one count of concealment of a human corpse and ordered held without bail. The defendant faces up to 25 years to life in prison if convicted.

The Acting District Attorney said that, according to the investigation, parts of a woman’s dismembered remains were discovered at a waste station at 287 Halleck Street in the Bronx, at approximately 4:45 a.m., on January 17, 2017. The investigation led New York City Police Department detectives to the defendant and they attempted to apprehend him at his Brooklyn residence on January 20, 2017. The defendant tried to flee but was unsuccessful.

Additional human remains, including the head of the victim, were recovered from a freezer in the defendant’s residence during the execution of a search warrant. The Medical Examiner’s Office determined that all of the remains were those of the defendant’s girlfriend, Leondra Foster, 32, who also resided at 185 Erasmus Street. The Medical Examiner determined cause of death as blunt force trauma to the head.

The case was investigated by New York City Police Department Detective Adam Kreitzberg, of the 41st Precinct Detective Squad, and Detective Christopher Skulsky, of the Bronx Homicide Squad.

The case is being prosecuted by Senior Assistant District Attorney Sabeeha Madni, 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
Friday, February 24, 2017

 

Brooklyn Man Sentenced to 24 Years in State Prison
For Fatally Shooting Reveler during 2014 J’Ouvert Celebration

Defendant Opened Fire into Crowd of People

Acting Brooklyn District Attorney Eric Gonzalez today announced that a 28-year-old Brooklyn man has been sentenced to 24 years in prison after pleading guilty last month to first-degree manslaughter for fatally shooting a man during the J’Ouvert celebration that was held in advance of the 2014 West Indian Day Parade.

Acting District Attorney Gonzalez said, “This defendant has now been held accountable for a senseless shooting that took the life of a 55-year-old man who was a beloved father and grandfather. What should have been a joyous cultural celebration was marred by this tragic shooting. Such violence, whether during J’Ouvert or anywhere else in Brooklyn, will not go unpunished.”

The Acting District Attorney identified the defendant as Derek Goodings, 28, of Crown Heights, Brooklyn. He was sentenced today to 24 years in prison and five years’ post release supervision by Brooklyn Supreme Court Justice Vincent Del Giudice. The defendant pleaded guilty to first-degree manslaughter last month shortly after jury selection had commenced.

The Acting District Attorney said that, according to the defendant’s allocution, on September 1, 2014, at approximately 3:30 a.m., in the vicinity of Empire Boulevard, during the J’Ouvert celebration that precedes the annual West Indian Day Parade, the defendant fired a loaded weapon into a crowd of people. He fired five times, striking Michael Sampson, 55, in the chest, killing him and injuring another man. He also fired at an unmarked police van in which a uniformed police officer was sitting, striking it.

The defendant fled the scene and, while he was being chased by police, turned his gun on an officer, who discharged his service weapon.

The case was prosecuted by Assistant District Attorney Melissa Carvajal, Deputy Chief of the District Attorney’s Homicide Bureau, under the supervision of Assistant District Attorney Kenneth Taub, Bureau Chief.

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FOR IMMEDIATE RELEASE
Wednesday, February 22, 2017

 

Accused Killer Arrested in Second Cold Case Homicide:
2005 Murder of 19-Year-Old Bushwick Man

Defendant Previously Charged with Killing Teenager in 2004;
Newly-Created Brooklyn DA’s Cold Case Unit will Investigate Unsolved Crimes

Acting Brooklyn District Attorney Eric Gonzalez, together with New York City Police Commissioner James P. O’Neill, today announced that a 38-year-old man who is under indictment for the 2004 murder of a Bushwick teenage girl has been arrested in connection with the death of 19-year-old Rashawn Brazell in the same Brooklyn neighborhood a full year later. The case was investigated by the District Attorney’s Forensic Science Unit, which is expanding to include a Cold Case Unit that will continue to identify and investigate old, unsolved homicides and other crimes.

Acting District Attorney Gonzalez said, “For 12 long years, the family and friends of Rashawn Brazell have been searching for answers after this beloved young man was killed and discarded in such a horrific fashion. Today, I am pleased to say that we have solved this cold case, hopefully allowing a small measure of closure for Mr. Brazell’s loved ones. Our newly-created Cold Case Unit will now work to get justice for homicide victims whose cases remain unsolved.”

Recognizing the importance of solving all homicides, the Brooklyn District Attorney’s Office is expanding its Forensic Science Unit to include a Cold Case Unit. The Unit will be staffed with a newly-hired forensic analyst with extensive work experience at New York City’s Office of Chief Medical Examiner. This DNA expert will assist in analyzing previous testing in cold cases and advise if additional tests are available and necessary. She will also review all DNA reports obtained by the Office, prepare expert witnesses and assist prosecutors in cross examining defense expert witnesses. The Brooklyn DA’s Office is the only prosecutorial agency in New York State that has a forensic analyst on staff to help navigate the increasingly complicated and ever-developing landscape of DNA and other forensic evidence.

The Acting District Attorney identified the defendant in this case as Kwauhuru Govan, 38, formerly of Gates Avenue in Bushwick, Brooklyn. He was arrested today on a warrant charging him with second-degree murder.

On November 17, 2016, following an investigation by the NYPD’s Cold Case Squad and the Brooklyn District Attorney’s Forensic Science Unit, Govan was charged with the murder and kidnapping of 17-year-old Sharabia Thomas, who left her Gates Avenue home on February 11, 2004 and was found dead inside two laundry bags later that day. That case was solved based on previously-untested DNA evidence that was recovered from under Sharabia’s fingernails and matched the defendant, whose DNA profile was entered into a national database after a 2014 arrest in Florida. That homicide case is still pending.

The case was investigated by New York City Police Department Detectives Evelin Guiterrez and Jason Palamara of the NYPD Cold Case Squad, under the supervision of Lieutenant David Nilsen of the NYPD Cold Case Squad.

The case is being prosecuted by Assistant District Attorney Rachel Singer, Chief of the District Attorney’s Forensic Science/Cold Case Unit, with the assistance of Assistant District Attorney Danielle Reddan of the District Attorney’s Trial Bureau III, Grey Zone.

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An arrest is not proof of a defendant’s guilt.

 

FOR IMMEDIATE RELEASE
Thursday, February 16, 2017

 

Manhattan Man Sentenced to 12 Years in Prison
For Gunpoint Robbery of Off-Duty Police Officer and Three Others

Defendant and Other Man Robbed Officer and Others in Parked SUV;
Shot at Car, Wounding Officer, as Victims Drove off

Acting Brooklyn District Attorney Eric Gonzalez today announced that a 24-year-old Manhattan man has been sentenced to 12 years in prison for robbing an off-duty police officer and three others at gunpoint while they sat in a parked vehicle.

Acting District Attorney Gonzalez said, “This defendant committed a brazen gunpoint robbery that endangered the lives of a police officer and three other men. With today’s sentence, he is being held accountable and facing the consequences of his criminal actions.”

The Acting District Attorney identified the defendant as Tori Saunders, 24, of Manhattan. He was sentenced today by Brooklyn Supreme Court Justice Ruth Shillingford to 12 years in prison and five years’ post-release supervision. The defendant pleaded guilty to first-degree robbery last month.

The Acting District Attorney said that, according to the investigation, on July 28, 2015, at approximately 10:15 p.m., the defendant and another individual approached a Range Rover with four men inside, that was parked on Linden Boulevard near Miller Avenue in East New York, Brooklyn. The defendant and the other individual opened the vehicle’s driver’s side doors and stole cash, cell phones, jewelry and other items at gunpoint from the four victims inside the vehicle.

According to the investigation, the driver of the vehicle then attempted to leave, and the defendant and the other individual opened fire, striking the vehicle and one of the passengers, Tramaine Oxley, an off-duty police officer assigned to the New York City Police Department Housing Bureau. The driver of the vehicle drove to Brookdale Hospital, where Oxley was treated for two gunshot wounds.

The defendant and the other individual fled the scene in a blue BMW. The ensuing investigation recovered a fingerprint on the Range Rover that matched the defendant’s. Two days later, on July 30, 2015, the defendant was apprehended during a car stop in Nassau County. Oxley identified the defendant in a lineup as the assailant.

The case was investigated by Detective Michael Byrnes of the New York City Police Department Force Investigation Division.

The case was prosecuted by Assistant District Attorney Robert Schwartz, of the District Attorney’s Trial Bureau Red Zone, under the supervision of Assistant District Attorney Joseph Alexis, formerly Chief of the Red Zone, and now Chief of the District Attorney’s Trial Division.

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FOR IMMEDIATE RELEASE
Thursday, February 16, 2017

 

Nine Alleged Gang Members and Associates Indicted for
Stealing over $94,000 in Bank Larceny Scheme

Allegedly Deposited Counterfeit Checks and Withdrew Funds before
Banks Discovered the Fraud; Charged in Four Separate Indictments

Acting Brooklyn District Attorney Eric Gonzalez, together with New York City Police Commissioner James P. O’Neill, today announced that nine alleged gang members and their associates have been variously charged with grand larceny and criminal possession of a forged instrument for allegedly stealing over $94,000 from banks by depositing counterfeit checks and withdrawing available funds before the forgery was detected.

Acting District Attorney Gonzalez said, “We now know that gang members are increasingly using financial fraud to pay for their lifestyle – like they allegedly did in the simple yet very lucrative scheme charged in these indictments. We will continue to investigate and prosecute this facet of gang activity to get dangerous individuals off the streets and make sure stolen money isn’t used to fund violent acts.”

Commissioner O’Neill said, “The defendants in this case thought they could make a quick buck with some bad checks. But when you look at the balance sheet—with 241 counterfeit checks and $94,000 in illegal proceeds– you see for these nine defendants, who face up to seven years in prison, that crime doesn’t pay.”

The Acting District Attorney identified the defendants as Trumane Gibbs, 23, of East Flatbush; Michael Morris, 21, of Crown Heights; Darnell Brown, 24, of Brownsville; Tevon Allen, 28, of Flatlands; Daquan Johnson, 24, of Flatbush; Timothy Brown, 23, of Ditmas Park; Jeffrey Debrosse, 27, of Midwood; Julian Hubbard, 21, of East Flatbush; and Jermel Belfast, 30, of Flatbush. Morris, Belfast, Allen, Darbell Brown and Debrosse were arraigned yesterday before Brooklyn Supreme Court Justice Danny Chun. The four remaining defendants are being sought. They were all variously charged in four separate indictments with second-degree criminal possession of a forged instrument and third- and fourth-degree grand larceny. The defendants face up to seven years in prison if convicted of each of the top counts with which they are charged.

The Acting District Attorney said that during certain periods between June 2014 and March 2016, the defendants deposited a total of 241 allegedly counterfeit checks into 71 bank accounts and then made withdrawals, causing losses that exceeded $94,000, according to the indictments.

It is alleged that the defendants recruited individuals to open new accounts or provide them with personal information of existing accounts at Bank of America, TD Bank, Capital One and JP Morgan Chase. When customers deposit checks into retail accounts, these banks make a certain amount available to customers even though the checks have not cleared the institution that issued them. The defendants and co-conspirators quickly withdrew the available funds before the checks were discovered to be fraudulent, causing monetary losses to the banks (which credited the affected account holders), according to the indictments. Most of the check deposits took place at ATM locations, according to the investigation.

The investigation further revealed that Gibbs and Morris are members of a subset of the 8-Tray Crips gang called Bosses in Business; Johnson and Brown are members of the Flatbush G-Stone Crips crew; Hubbard belongs to the Folk Nation gang and some of the remaining defendants are allegedly associated with other street crews.

The case is being prosecuted by Assistant District Attorney Cooper Gorrie of the District Attorney’s Cyber Crimes Unit, with the assistance of Assistant District Attorney Daniel Tibbets of the District Attorney’s Frauds Bureau and Chief Investigative Analyst Brian Selfon of the District Attorney’s Investigations Division, under the supervision of Felice Sontupe, Chief of the District Attorney’s Frauds Bureau, and Assistant District Attorney Dana Roth, Deputy Chief, and the overall supervision of Executive Assistant District Attorney William E. Schaeffer, Chief of Investigations and Patricia McNeill, Deputy Chief.

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