About Ernest Johnson

FOR IMMEDIATE RELEASE
Thursday, January 12, 2017

 

Seven Defendants, including National Grid Employees, Charged with Enterprise Corruption for Operating Shadow Utility Company that Illegally Installed Gas Meters in Violation of Safety Protocols

Additional 30 defendants, including Landlords, Also Charged in Scheme

Acting Brooklyn District Attorney Eric Gonzalez, together with New York City Department of Investigation Commissioner Mark G. Peters, today announced the indictment of a former National Grid employee who infiltrated the public utility and corrupted a number of its employees. He and other defendants are charged with enterprise corruption and related offenses for operating a shadow utility company that violated New York City Department of Buildings and National Grid regulations and procedures, installing illegal gas meters across Brooklyn for landlords willing to pay $1,300 to $2,500 per meter. A total of 37 defendants, including seven National Grid employees, have been charged in connection with the enterprise.

Acting District Attorney Gonzalez said, “We simply will not allow the lucrative real estate market in Brooklyn to feed criminal activity and potentially endanger lives. These defendants showed contempt for rules and regulations specifically put into place to protect public safety. And they did this with callous disregard on a regular basis. We will continue to protect Brooklyn residents by pursuing criminal prosecutions of landlords and others who put profits ahead of safeguards.”

Commissioner Peters said, “These defendants ignored safety for personal profit, skirting critical steps and undermining the gas authorization process, according to the charges. Our public report issued today demonstrates how this charged criminal enterprise took root, putting the safety of New Yorkers at risk, and sets out the reforms necessary to safeguard against similar activity in the future. I thank Acting District Attorney Gonzalez and his team of dedicated prosecutors for their partnership in this case, working with DOI to stop corruption of the gas installation industry in this City.”

The Acting District Attorney identified Weldon “Al” Findlay, 47, of Snyder Avenue, Brooklyn, as the alleged mastermind and leader of the enterprise. Findlay, who worked for National Grid until 2010, and six other defendants are charged with enterprise corruption, which carries up to 25 years in prison. The other 30 defendants charged in connection with the case include landlords, property managers, and contractors who arranged for, installed, or received illegal gas service.

Some of the defendants were arraigned this morning before Brooklyn Supreme Court Justice Danny Chun on an indictment in which they are variously charged with enterprise corruption, first-degree falsifying business records, second-degree criminal tampering and second-degree commercial bribing. The defendants are being arraigned throughout the day on indictments in Brooklyn Supreme Court and others are being arraigned on felony complaints in Brooklyn Criminal Court.

See addendum for identities of other defendants charged in this case.

The Acting District Attorney said that, according to the indictment, the enterprise consisted of a pattern of criminal activity in connection with the illegal installation of gas meters in exchange for cash at 33 residential properties across Brooklyn, including Williamsburg, Bedford-Stuyvesant, Brooklyn Heights, Bushwick, Crown Heights, Midwood, and Borough Park, in addition to homes in parts of Queens. Findlay is alleged to have formed the enterprise, and to have directed its criminal activities throughout the period covered by the indictment, namely January 12, 2016 to June 30, 2016.

The Department of Buildings and National Grid have inspected every property identified in connection with the investigation, and ensured that there is no risk to public safety.

The Acting District Attorney said that existing protocols required National Grid employees opening accounts (for new or renewed gas service) to check the public Building Information System (BIS) database to confirm that the property had been inspected as required by the New York City Department of Buildings (DOB). A licensed master plumber or DOB inspector must visit the location and conduct appropriate testing to ensure that gas lines have been properly and safely installed; compliance is indicated by a control number created in the BIS database. A National Grid employee acting properly would check for the BIS number and then include it in the account record before dispatching a technician to install a meter and initiate gas service.

According to the investigation, when a landlord with a new or renovated apartment wanted to avoid either the expense of the required tests, or possible delays associated with compliance, the landlord contacted Findlay, who would arrange for illegal service through his criminal enterprise. Landlords could be confident that National Grid employees setting up the account and providing gas service would violate or ignore any rules or regulations that would prevent or delay the supply of gas.

It is alleged, based on physical and electronic surveillance, including court-ordered monitoring of text messages and phone conversations, that an owner or property manager needing a meter would text Findlay (for instance, “need one meter” or “need 3”) and send an address; Findlay would then text back a price, generally around $1,500 per meter. If the owner agreed, Findlay set his criminal enterprise in motion:

• He asked for and received contact information for the person or business entity to be listed as the National Grid account holder.
• He texted that information to defendant Phoebe Bogan, a National Grid customer service representative in the Special Services Group, who worked in the main office at One MetroTech Center. (Findlay also used at least one other National Grid employee for this purpose when Bogan was not available.)
• Bogan then opened a new account (or modified an existing one) at the address Findlay provided.  As a National Grid employee opening accounts, Bogan was required to check DOB’s Building Information System (BIS) for each account she opened, ensure that the residence was approved for gas service, and include the BIS number in the account record. Bogan allegedly created accounts for residences that were not authorized by DOB to receive gas – in some instances, she even texted Findlay: “no BIS.”
• Initiation of gas service requires a technician to visit the location and install the meter. As alleged, Bogan dispatched particular technicians to Findlay’s locations – usually defendants Joel Fils-aime and Alexie LaFleur, but also others – instead of assigning the jobs in the usual manner. Ignoring protocols, the technicians Bogan sent would begin gas service, even when the property had not yet been inspected.  As National Grid began to provide gas service and bill the customer, Findlay paid Bogan and the others for their criminal conduct; allegedly, Bogan initially received $200 per meter, but later more.

Three additional defendants, Rahsaan Rashidi, Ravindra Rattan, and Lawrence Berlianshik, are alleged to have operated as part of the enterprise. Rashidi was a superintendent for a number of buildings, while Rattan was a contractor and Berlianshik a property manager and owner.  The three allegedly acted as brokers for Findlay, referring individual landlords to Findlay for illegal service by the enterprise.  According to the investigation, the latter two defendants sometimes charged as much as $2,500 per meter, a part of which they retained before passing the balance to Findlay.

Other National Grid employees are accused of supporting the operations of the enterprise.  Rawle Dennis and Hector Yulfo, both National Grid Street Department employees, allegedly worked on main gas lines at unauthorized locations on two occasions.  Naquan Francis, another technician, is accused of occasionally completing unauthorized work at the direction of Fils-aime. National Grid employee Joanne Wiltshire, a customer service representative, allegedly dispatched technicians if Bogan was not available.

Those four defendants, as well as 14 defendants who are property owners, managers or contractors, are charged in a separate indictment with first-degree falsifying business records and second-degree criminal tampering. The defendants affiliated with the properties are also charged with second-degree commercial bribing, while the employees (except Wiltshire) are also charged with second-degree commercial bribe receiving. Nine other defendants, also property owners, managers or contractors, were arrested on felony complaints.

Finally, three of the property owners and managers were separately charged by criminal complaint for hiring Findlay to illegally unlock meters at locations where National Grid had terminated service. This would allow the residences to receive gas temporarily, at least until National Grid noticed the increase in gas usage and sent a technician to lock the line again.

The case was investigated by DOI, specifically, Chief Investigator James McElligott; Assistant Inspectors General Michael Antolini and Noah Mohney; and Deputy Inspector General Edward Zinser, under the supervision of Inspector General Gregory Cho, Associate Commissioner James J. Flaherty, Deputy Commissioner/Chief of Investigations Michael Carroll and First Deputy Commissioner Lesley Brovner.

The Acting District Attorney thanked New York City Department of Investigation Commissioner Mark G. Peters and his staff for their work on this case. He also thanked the New York City Department of Buildings and National Grid for their assistance and cooperation in the investigation.

The Acting District Attorney also thanked Investigative Analyst Megan Carroll, Financial Investigators Veronica Beltran and Marina Kuchmar, and Paralegal Roslyn Murrell, of the Brooklyn District Attorney’s office for their assistance in the investigation.

The case is being prosecuted by Senior Assistant District Attorney Adam S. Libove of the District Attorney’s Public Integrity Bureau, with the assistance of Senior Assistant District Attorney Sara Walshe, Assistant District Attorney Renee Hassel and Assistant District Attorney Katherine Zdrojeski, under the supervision of Assistant District Attorney Michael Spanakos, Bureau 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.

Indictments and criminal complaints are accusatory instruments and not proof of a defendant’s guilt.

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Defendants Indicted for Enterprise Corruption:

1. Weldon Findlay, 47, of Snyder Avenue, Brooklyn.
2. Phoebe Bogan, 41, of 149^th Road, Rosedale, Queens.
3. Joel Fils-aime, 29, of Sunnyside Terrace, East Orange, New Jersey.
4. Alexie LaFleur, 28, of Hancock Street, Brooklyn.
5. Rahsaan Rashidi, 39, of Monroe Street, Brooklyn.
6. Ravindra Rattan, 50, of East 37^th Street, Brooklyn.
7. Lawrence Berlianshik, 26, of East 23^rd Street, Brooklyn.

 

Additional National Grid Employees Charged:

1. Rawle Dennis, 40, of Parkside Avenue, Brooklyn.
2. Hector Yulfo, 29, of Highland Boulevard, Brooklyn.
3. Joanne Wiltshire, 46, of Paedergat 5 Street, Brooklyn.
4. Naquan Francis, 31, of St. Johns Place, Brooklyn.

 

Landlords, Property Managers and Contractors Charged:

1. Jonathan Ahdoot, 34, of Soundview Lane, Great Neck, New York.
2. Yoel Berkovitz, 36, of Lawrence Avenue, Brooklyn.
3. Moshe Bikel, 42, of Lee Avenue, Brooklyn.
4. Moses Englander, 30, of Division Avenue, Brooklyn.
5. Abraham Friedrich, 29, of Acres Road, Monroe, New York.
6. Gabriel Gallegos, 55, of Manhattan Avenue, Brooklyn.
7. Menachem Gross, 61, of Bedford Avenue, Brooklyn.
8. Pinchas Halperin, 31, of Throop Avenue, Brooklyn.
9. Cary Haynes, 45, of Pleasant Oak Court, Marietta, Georgia.
10. Tony Hiralall, 47, of 123^rd Street, Ozone Park, Queens.
11. Yisroel Kanar, 31, of East New York Avenue, Brooklyn.
12. Trevor Leckie, 51, of Hancock Street, Brooklyn.
13. Moshe Mendlowitz, 27, of Quickway Road, Monroe, New York.
14. Shia Wolf Ostreicher, 58, of Keap Street, Brooklyn.
15. Issac Rosenberg, 28, of Lorimer Street, Brooklyn.
16. Hansraj Sampath, 31, of 109^th Drive, Jamaica, New York.
17. Chaim Schwartz, 27, of Keap Street, Brooklyn.
18. Mendel Schwimmer, 31, of 55^th Street, Brooklyn.
19. Hershel Silberstein, 35, of Frankline Avenue, Brooklyn.
20. David Sinay, 27, of West Maple Avenue, Monsey, New York.
21. Ivor Stoddart, 53, of Madison Avenue, Brentwood, New York.
22. Leza Surujpaul, 28, of 214^th Street, Queens Village, New York.
23. Samy Teitelbaum, 29, of 44^th Street, Brooklyn, New York.
24. Hershel Weiss, 46, of Buchanan Court, Monroe, New York.
25. Josh Weiss, 33, of Webster Avenue, Brooklyn.

 

 

FOR IMMEDIATE RELEASE
Wednesday, January 11, 2017

 

Three Brooklyn Residents, South Carolina Man Indicted for
Interstate Firearms Trafficking

39 Weapons Purchased During Course of Four-Month Investigation

Brooklyn Acting District Attorney Eric Gonzalez, together with New York City Police Commissioner James P. O’Neill, today announced that four people—including two brothers— have been indicted for allegedly trafficking close to 40 firearms from South Carolina to Brooklyn, New York and selling the weapons to an undercover officer over a four month period in Cypress Hills.

Acting District Attorney Gonzalez said, “The majority of guns used in Brooklyn crimes are handguns trafficked into our communities from other states with notoriously lax gun laws. This case highlights our determination to aggressively combat gun violence and hold gun traffickers accountable. I commend the brave undercover officer and the dedicated prosecutors in my office who helped us bring this important case.”

Commissioner O’Neill said, “These are the types of cases that helped make 2016 the safest year in New York City history. The Department purchased dozens of firearms in covert buys, preventing them from being used to commit violence across this City. It’s an example of the precision policing we discussed when we announced the City’s historic drop in crime and it’s exactly what we’ll continue doing to further reduce crime in 2017. I want to thank the officers in this case who made the gun purchases from the defendants and the Brooklyn District Attorney’s whose work led to today’s indictments.”

The Acting District Attorney identified the defendants as Shawn Landrum, 40; Jamel Landrum, 38; and Ashley Finch, 22, of Cypress Hills, Brooklyn. The defendants were variously charged with first-degree criminal sale of a firearm, second-degree criminal sale of a firearm, third-degree criminal sale of a firearm, second-degree criminal possession of a firearm, third-degree criminal possession of a weapon, criminal possession of a firearm and fourth-degree conspiracy. They were arraigned today before Brooklyn Supreme Court Justice Elizabeth Foley. Defendants Shawn and Jamel Landrum were ordered held on $500,000 bail and defendant Ashley Finch was ordered held on $100,000 bail. A fourth defendant, Dondrell Cheeks, 27, of Spartanburg, South Carolina, has been arrested on charges of first-degree criminal sale of a firearm and fourth-degree conspiracy. He is presently detained in South Carolina pending extradition to Brooklyn.

The Acting District Attorney said the investigation included an undercover officer making multiple purchases of weapons in the vicinity of 174 Sunnyside Avenue in Cypress Hills, Brooklyn and at least one sale in the vicinity of 225 Van Siclen Avenue in East New York, Brooklyn.

The Acting District Attorney said that beginning in June 2016 and continuing through December 1, 2016, the undercover officer allegedly made numerous gun purchases from Shawn Landrum. The transactions took place in front of Landrum’s home which he shares with his brother Jamel and his brother’s girlfriend, Ashley. It is alleged that one to nine weapons were sold on each occasion with the purchase price ranging from $620 to $8,050.

According to the investigation, Shawn Landrum initially purchased the weapons from Dondrell Cheeks—a South Carolina gun supplier—and would later return to Brooklyn to resell the guns for a profit. Jamel Landrum is alleged to have both provided financial assistance for the illegal weapons purchases and conducted one of the sales himself, while Ashley Finch allegedly arranged the financial wire transfers to Cheeks via MoneyGram and Western Union to complete the illegal sale. It is further alleged that on at least one occasion, Landrum travelled on a low cost bus service, GoToBus, to transport weapons from South Carolina to New York.

In South Carolina, private firearm transfers are not subject to background checks; New York State requires background checks for all firearm transfers, with the exception of transfers to immediate family members.

The Acting District Attorney said that the defendants allegedly sold a wide variety of handguns and other weapons to the undercover including a .9mm Taurus pistol, .a 38 Rossi revolver, a .9mm Smith and Wesson pistol, a .380 Bersa pistol, a .357 Smith and Wesson pistol and an SKS assault rifle.

The investigation was conducted by New York City Police Department Detective Edward Mercado, with the assistance of Detective Joseph Scialabba of the New York City Police Department’s Firearm’s Investigations Unit, under the supervision of Sergeant Matthew Griffin and Sergeant Robert Abramson, Lieutenant Thomas McPartland, Captain Jonathan Korabel, Deputy Inspector Brian Gill and the overall supervision of Assistant Chief James Essig of the Gun Violence Suppression Division.

The case is being prosecuted by Assistant District Attorney Kathleen Murphy, of the District Attorney’s Violent Criminal Enterprises Bureau, under the supervision of Assistant District Attorney Jonathan R. Sennett, Deputy Chief of VCE and Assistant District Attorney Nicole Chavis, Bureau Chief, and the overall supervision of Executive Assistant District Attorney William E. Schaeffer, Chief of the District Attorney’s Investigations Division and Patrica McNeill, Deputy Chief.

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

FOR IMMEDIATE RELEASE
Wednesday, January 11, 2017

 

Boston Woman Sentenced to 25 Years to Life in Prison
For Fatally Stabbing Man in Brownsville

Defendant Arrested after Fleeing to Massachusetts

Acting Brooklyn District Attorney Eric Gonzalez today announced that a 35-year-old woman from Boston, Massachusetts has been sentenced to 25 years to life in prison for fatally stabbing a 47-year-old man. The victim was stabbed more than 80 times in his head, neck and chest.

Acting District Attorney Gonzalez said, “This was a particularly brutal crime in which the victim was stabbed more than 80 times. The sentence the defendant received today reflects the viciousness of this deadly attack.”

The Acting District Attorney identified the defendant as Chivona Hughes, 35, of Boston, Massachusetts. She was sentenced today to 25 years to life in prison by Brooklyn Supreme Court Justice Neil Firetog. The defendant was convicted of second-degree murder following a jury trial last month.

The Acting District Attorney said that, according to trial testimony, on September 19, 2014, at approximately 4:30 a.m., at 313 Legion Street, in Brownsville, the defendant stabbed Richard Saunders, 47, more than 80 times in the head, neck and chest, killing him. The attack took place in the victim’s home.

According to trial testimony, the defendant left her purse and identification at the victim’s home, along with a bloody palm print on the wall. A knife with the defendant’s DNA on the handle also was recovered at the scene. The defendant fled to Massachusetts and was apprehended in Boston in October 2014.

The Acting District Attorney thanked the Boston Police Department for its assistance in the investigation.

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

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FOR IMMEDIATE RELEASE
Tuesday, January 10, 2017

 

Brooklyn Man Sentenced to 115 Years in Prison for Raping
82-Year-Old Woman in her Brighton Beach Home

Acting Brooklyn District Attorney Eric Gonzalez today announced that a 20-year-old Brooklyn man has been sentenced to 115 years in prison for the rape, sexual abuse and assault of an 82-year-old woman in her Brighton Beach home in 2015.

Acting District Attorney Gonzalez said, “The defendant’s crimes in this case are almost unspeakable. I commend the victim for testifying and making sure that this defendant was held accountable for this horrific assault. Today’s sentence reflects the depravity of his conduct as proven at trial and is necessary to protect the public from a clearly dangerous individual.”

The Acting District Attorney said that the defendant, Asa Robert, 20, of Brooklyn, was sentenced today to 115 years in prison by Brooklyn Supreme Court Justice Vincent Del Giudice. The defendant was convicted of first-degree rape, first-degree criminal sexual act, first-degree sexual abuse, second-degree assault, first-degree burglary, first-degree robbery, second-degree burglary and two counts of second-degree criminal trespass, following a jury trial in November 2016.

The Acting District Attorney said that, according to trial testimony, on July 13, 2015, at approximately 2 a.m., in the vicinity of Brighton 11th Street in Brighton Beach, the defendant entered the victim’s apartment while she was outside taking out the garbage. A short while later, after the victim went to bed she heard a noise and discovered the defendant hiding in her bedroom. The victim yelled for him to leave, but he refused. Instead, he strangled her and forced her onto the bed, where he held a knife to her face, demanded money and punched her in the chest. The defendant then tied her hands behind her back and ransacked the bedroom.

The Acting District Attorney said that, according to trial testimony, the defendant then brought the victim into her kitchen and again assaulted her and ordered her not to call the police. The defendant brought the victim back to her bedroom shortly thereafter and raped and sodomized the victim.

After again instructing the victim not to call the police, the defendant fled the home with a bag containing the victim’s personal items. The victim called family members, who called 911. Police responded and the victim was treated at Kings County Hospital.

The defendant led the police on a four-day chase through various homes in Brooklyn. He was arrested on July 17, 2015 after being found hiding in the kitchen of a private residence.

The case was prosecuted by Senior Assistant District Attorney Lisa Nugent of the District Attorney’s Special Victims Bureau and Senior Assistant District Attorney Olatokunbo Olaniyan, formerly of the District Attorney’s Special Victims Bureau, under the supervision of Miss Gregory, Chief.

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FOR IMMEDIATE RELEASE
Monday, January 9, 2017

 

Manhattan Man Sentenced to 20 Years in Prison for
Killing Acquaintance in Williamsburg

Purchased Two Knives after Argument, Returned and Stabbed Victim, Severing Femoral Artery

Acting Brooklyn District Attorney Eric Gonzalez today announced that a 59-year-old man from upper Manhattan was sentenced to 20 years in state prison for fatally stabbing another man in 2011. After a verbal argument, the defendant went to a store, purchased two kitchen knives, returned to the scene of the dispute, and stabbed the victim in the thigh, leaving him bleeding to death.

Acting District Attorney Gonzalez said, “The victim was a loving father, just one week from walking his daughter down the aisle at her wedding. He had the great misfortune to encounter this defendant, who stabbed him to death after a meaningless argument. The defendant’s taking of human life over something so trivial is unconscionable, and we are all well served by the lengthy sentence imposed today.”

The Acting District Attorney identified the defendant as Ramon Escobar, 59, of Inwood, Manhattan. He was sentenced today by Brooklyn Supreme Court Justice Matthew Sciarrino to 20 years in prison and five years’ post-release supervision following his conviction on November 17, 2016 of first-degree manslaughter and fourth-degree criminal possession of a weapon after a jury trial.

The Acting District Attorney said that, according to trial testimony, on the night of April 29, 2011, at the corner of South 9th Street and Roebling Street in Williamsburg, the defendant and the victim, 46-year-old David Fernandez, got into an argument after the defendant accused the victim of making inappropriate contact with Escobar’s girlfriend. The defendant was heard saying “I am going to kill him” before being ushered away from the scene; his girlfriend headed into a nearby subway station.

The defendant walked to the Crazy Loco 99 Cent store at 281 Broadway and purchased two 8-inch kitchen knives, the evidence showed. He then returned to the scene and began a struggle with Fernandez, during which he stabbed him in the left thigh. The six-inch wound pierced the bone and severed major blood vessels, including the femoral artery and vein, causing profuse and fatal bleeding.

The victim, who worked as a bike messenger, had two daughters, one of whom was set to get married the following week.

The defendant was arrested in April 2015, after an eyewitness came forward, and was connected to the crime through DNA, surveillance videos and other evidence.

The case was prosecuted by Senior Assistant District Attorney Chow Xie and Assistant District Attorney Michael Solomon of the District Attorney’s Trial Bureau, Grey Zone, under the supervision of Assistant District Attorney Timothy Gough, Bureau Chief.

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FOR IMMEDIATE RELEASE
Wednesday, January 4, 2017

 

Brooklyn Man Sentenced to 23 Years to Life for Fatally Shooting Man
Following Argument in East Flatbush Bodega

Defendant Shot at Victim Eight Times in Broad Daylight

Acting Brooklyn District Attorney Eric Gonzalez today announced that a 31-year-old Flatbush man has been sentenced to 23 years to life in prison for fatally shooting a 42-year-old East Flatbush man following a dispute inside a bodega. The defendant fired eight times, striking the victim once in the back.

Acting District Attorney Gonzalez said, “This defendant fired off a barrage of bullets in broad daylight and only by sheer luck no one else was injured on that busy street. He has now been held accountable for senselessly taking a man’s life.”

The Acting District Attorney identified the defendant as Herman Lancaster, 31, of Flatbush, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Danny Chun to 23 years to life in prison following his conviction last month on one count of second-degree murder and two counts of second-degree criminal possession of a weapon after a non-jury trial.

The Acting District Attorney said that, according to trial testimony, on January 27, 2015, at approximately 2:40 p.m., the defendant shot and killed Kerwin Craigwell, 42, outside of the Adrian Deli & Grocery, located at 2073 Nostrand Avenue in East Flatbush, following a dispute. The shooting started inside the store and the unarmed victim was struck on the sidewalk after slipping on snow, the evidence showed. The defendant was apprehended minutes after the incident during a canvass of the area and identified by an eyewitness.

The case was prosecuted by Senior Assistant District Attorney Lewis E. Lieberman, of the District Attorney’s Homicide Bureau, and Assistant District Attorney Joy Kieras, of the District Attorney’s Trial Bureau, Gray Zone, under the supervision of Assistant District Attorney Kenneth Taub, Homicide Chief.

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FOR IMMEDIATE RELEASE
Thursday, December 29, 2016

 

Brooklyn is set to Finish 2016 as the Safest Year Ever

Fewest Shooting Incidents and Shooting Victims in Recorded History;
Second-lowest Number of Murders; Drops in Nearly All Other Crime Categories

Acting Brooklyn District Attorney Eric Gonzalez today announced that 2016 will end as the safest year in Brooklyn’s history, with the fewest number of shootings and shooting victims and second-fewest number of homicides since record-keeping began, according to the latest statistics compiled by the New York City Police Department.

Acting District Attorney Gonzalez said, “It is extremely gratifying to end the year with significant declines in nearly all crime categories, including murders and shootings. This historic achievement is a testament to the hard work and cooperation between the District Attorney’s Office and the NYPD and our joint crime reduction initiatives, including focus on specific individuals who drive crime, long-term gang investigations and targeting of firearm traffickers. While these year-end statistics are encouraging, more needs to be done and I remain committed to making Brooklyn an even safer and better place for all of its residents.”

The Acting District Attorney said that 127 murders were recorded in Brooklyn in 2016. That figure is down 15 murders (10.6%) compared to last year and represents the second fewest homicides ever recorded in a single year, following 2014, when 122 murders were committed. There were 61 fewer shooting incidents compared to 2015 (a total of 407, down 13%) and 75 fewer shooting victims (a total of 492, down 13.2%). These percent decreases outpaced the citywide declines during 2016 and Brooklyn was the only borough to register declines in all three categories over the past year. [All statistics are as of December 25, 2016, according to CompStat analysis].

In addition, the Total Index Crime in Brooklyn (representing the seven major felony crimes) is down 9.5% compared to last year, with decreases in all categories except felony assault (1.1% uptick). Significantly, burglaries were down 25% and robberies were down 14.4% compared to 2015.

In the past few years, the Brooklyn District Attorney’s Office has increased its focus on the drivers of crime – individuals responsible for most of the shootings and violence – while expanding alternatives to incarceration for youth charged with non-violent offenses. It has also partnered with the NYPD on a number of initiatives to reduce violent crime. Those include:

• Establishing and expanding the Crime Strategies Unit to keep track of known gang members and other drivers of violence in order to keep them off the streets and to identify “hotspots,” or areas that experience an increase in violence, to proactively address them. The Unit also works with the NYPD to identify subjects of investigations to reduce gang and criminal activity.
• Long-term investigations by the Violent Criminal Enterprises Bureau, together with the NYPD, to target all criminal activities by gangs (including shootings, robberies and financial fraud) and to stop weapons traffickers, particularly those who transport firearms from out of state into Brooklyn.
• Creating the Firearms Prosecution Unit, which operates in the only Expedited Firearms Court in the city, with the goal of prosecuting gun possession cases faster and more efficiently in Brooklyn.
• Bi-weekly teleconferences with NYPD officials, including Commanding Officers, Chiefs and an Assistant Commissioner, regarding all firearm arrests in Brooklyn for that period to ensure appropriate enhancements and aggressive prosecution.
• Participation in the NYPD’s CeaseFire program, an anti-violence outreach initiative aimed at reaching and educating high-risk individuals in an effort to change behavior and community norms.
• Establishing the Young Adult Court Bureau to handle most misdemeanor defendants ages 16 to 24, offering need-risk assessment, counseling, vocational and educational programs with the aim of reducing recidivism and enhancing public safety.

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FOR IMMEDIATE RELEASE
Wednesday, December 21, 2016

 

Brooklyn Man Indicted for Murder of Williamsburg Landlord
During Botched Robbery and Kidnapping

He and Two Other Defendants Also Indicted for Conspiracy

Acting Brooklyn District Attorney Eric Gonzalez, together with New York City Police Commissioner James P. O’Neill, today announced a new indictment in the 2014 abduction and murder of Williamsburg landlord Menachem Stark. A 38-year-old Brooklyn man has been indicted for murder and kidnapping, while he and two co-defendants have also been indicted for conspiracy.

Acting District Attorney Gonzalez said, “This indictment is the latest step in our journey toward justice for Menachem Stark, his seven children and the rest of the family his killers took him from. The tireless work of NYPD investigators and prosecutors from my Office will ensure that all involved in this grievous crime are held to answer for their despicable acts. ”

Commissioner O’Neill said, “This was an especially callous crime, where the defendants acted on a desire for money alone. When the robbery led to the victim’s death, the defendants conspired to dump the body and set it on fire in a failed attempt to obstruct justice. I’m thankful to the members of the NYPD and the Brooklyn DA’s office who conducted the investigation that led to today’s indictment.”

The Acting District Attorney identified the defendants as Erskin Felix, 38, and his brother, Kendall Felix, 28, both of Crown Heights, Brooklyn; and cousin Irvine Henry, 35, also of Crown Heights. Kendall Felix and Irvine Henry were arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which they are variously charged with second- and fourth- degree conspiracy, tampering with physical evidence, attempted tampering with physical evidence and first-degree hindering prosecution. They were remanded without bail and ordered to return to court on February 8, 2017. Erskin Felix will be arraigned later today on charges of second-degree murder and first- and second-degree kidnapping. He faces up to 25 years to life in prison if convicted of the top count of murder. Kendall Felix and Irvine Henry face up to 25 years in prison if convicted of the top count of second-degree conspiracy.

A jury has already convicted Kendel Felix, Erskin’s cousin, of first-degree kidnapping and second-degree murder in the case; he was arrested in April 2014 and tried in September 2016. He is awaiting sentencing and faces up to 25 years to life in prison.

The Acting District Attorney said that, according to the investigation, cousins Erskin and Kendel Felix accosted Stark on the street as he left his office, located at 331 Rutledge Street in Williamsburg, on January 2, 2014, at approximately 11:30 p.m. After he fought unsuccessfully to escape, Stark was forced into a waiting vehicle and driven away from the location. Kendall and Henry allegedly joined their relatives. At some point, apparently while being restrained, Stark died of asphyxia.

According to the investigation, Erskin Felix, who was in the construction trade with Kendel Felix and Irvine Henry, had done work for Stark. Erskin Felix allegedly planned to extort money from Stark and enlisted Kendel Felix to help kidnap him, forming a conspiracy which also involved both Kendall Felix and Irvine Henry.

Upon discovering that Stark was dead, the four relatives allegedly returned to Rutledge Street, intending to retrieve physical evidence and dispose of Stark’s body. Upon arrival, Erskin and Irvine Henry got out of the vehicle, only to find the crime scene already flooded with police. As alleged, Erskin then directed Kendel and Kendall to go elsewhere to dispose of the body. They drove to Nassau County, threw the body in a dumpster and set it on fire.

Approximately 17 hours later, a Nassau County police officer found Stark’s partially burned body in a garbage dumpster behind a gas station in Great Neck, Long Island. The Nassau County Medical Examiner’s Office conducted an autopsy on Stark and determined that the cause of death was asphyxia by compression of the neck and chest.

The case was investigated by New York City Police Detective Christopher Scarry of the 90th Precinct Detective Squad, under the supervision of Lieutenant Seamus Doherty, and Detective Matthew Collins (retired), Detective Herbert Martin, Detective Albert Brust and other members of the Brooklyn North Homicide Squad, under the supervision of Lieutenant John Tennant.

The case is being prosecuted by Assistant District Attorney Howard Jackson, Counsel to the Homicide Bureau, and Senior Assistant District Attorney Emily Dean, of the District Attorney’s Homicide Bureau, under the supervision of Kenneth Taub, Chief of the Homicide Bureau, and by Assistant District Attorney Christopher Blank, a Bureau Chief in the District Attorney’s Investigations Division.

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