About Ernest Johnson

FOR IMMEDIATE RELEASE
Monday, January 4, 2021

 

Driver Who Fatally Crashed into Brooklyn Man in Front of
Victim’s Young Daughter Indicted for Manslaughter

Allegedly Sped in Vehicle that Didn’t Pass Inspection and had Dangerously Worn Tires;
First Indictment Secured by Brooklyn DA’s New Street Safety Bureau

Brooklyn District Attorney Eric Gonzalez today announced that a 21-year-old man has been indicted for reckless manslaughter and other charges in connection with the death of a 50-year-old Brooklyn father. The driver was allegedly speeding in a sports car with worn out tires and a forged inspection sticker when he lost control of his vehicle and slammed into Jose Barrera in front of the victim’s young daughter.

District Attorney Gonzalez said, “This horrific crash was no accident – it was a preventable crime that stemmed from reckless behavior before and during the collision. The defendant chose to drive a car he knew was not safe, allegedly sped on wet road conditions and took the life of a hard-working father. This is the first indictment obtained by my new Street Safety Bureau, which was created this summer to better address vehicular violence on our roadways. It will continue to thoroughly investigate and prosecute dangerous drivers when their unlawful actions cause traffic fatalities or injuries. I am determined to get justice for victims and to send a message that this conduct will not be tolerated in Brooklyn.”

The District Attorney identified the defendant as Kareem Denton, 21. He was arraigned on December 31, 2020 before Brooklyn Supreme Court Justice Raymond Rodriguez on a 16-count indictment in which is charged with second-degree manslaughter, criminally negligent homicide, second- and third-degree assault, first-, second- and third-degree criminal possession of a forged instrument and related charges. The defendant was ordered released without bail and to return to court on January 28, 2021. His driver license was suspended, and he faces a maximum sentence of 15 years in prison if convicted of the top count with which he is charged.

The District Attorney said that, according to the investigation, on July 11, 2020, on 39th Street in Borough Park, the defendant, allegedly driving over 60 mph in a 25 mph zone on a wet road, lost control of his Nissan 370Z and slammed into Jose Barrera, 50, killing him.

The victim was returning from grocery shopping and had just walked his 6-year-old daughter from his minivan to the curb seconds before the collision. His wife, who was still in the passenger seat, suffered minor injuries.

It is alleged that the defendant had dangerously worn out tires that likely contributed to the crash and that he allegedly knew about them. A mechanic had warned him about the bald tires, according to the investigation. Furthermore, the vehicle could not pass a New York State inspection and a forged inspection sticker was affixed to its windshield.

The District Attorney’s Street Safety Bureau was created last summer to assist in police investigations of traffic violence cases, with emphasis on protecting bicyclists and pedestrians, responding to scenes of serious collisions in real time and coordinating support services for victims and their families, among other duties.

The case is being prosecuted by Senior Assistant District Attorney Jacob Uriel, of the District Attorney’s Street Safety Bureau, under the supervision of Assistant District Attorney Craig Esswein, Bureau Chief.

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

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FOR IMMEDIATE RELEASE
Wednesday, December 23, 2020

 

Brooklyn District Attorney Eric Gonzalez Announces a Promotion and the
Hiring of New Prosecutors, Enhancing Diversity of Leadership and Staff

Brooklyn District Attorney Eric Gonzalez today announced recent personnel moves that further enhance his Office’s professional excellence and diversity – a promotion of Assistant District Attorney Karla Watson to a Trial Bureau Chief and the appointment of 53 new Assistant District Attorneys who will serve Brooklyn by pursuing justice and public safety while strengthening community trust.

District Attorney Gonzalez said, “Our Fall 2020 class of newly hired Assistant District Attorneys is truly reflective of Brooklyn’s diversity, and I’m confident that this talented group of lawyers will do an excellent job serving our communities. The promotion of Karla Watson – a tireless and dedicated advocate for the people of Brooklyn – strengthens our Trial Division and makes its leadership ranks even more representative of the community we serve. I wish them all success and know they will make us proud.”

The District Attorney said that of the 53 new ADAs, 27 are attorneys of color. There are 24 men and 29 women. They finished a course of virtual training last month that familiarized them with all aspects of the criminal justice system – Criminal and Supreme Court practice and procedure and Grand Jury practices, as well as classes on criminal justice reform, prosecutorial  ethics, signs of wrongful convictions and more. They have since been assigned to various bureaus in the DA’s Office.

ADA Karla Watson has been promoted this month to Chief of the Red Zone Trial Bureau, which handles criminal cases in East New York, Canarsie, Flatlands, Fort Greene, Marine Park and Mill Basin. She most recently served as a Felony Deputy in the Red Zone.

A graduate of Hofstra University School of Law, ADA Watson joined the Brooklyn DA’s Office in 1999 and since then has worked in Trial Bureaus and the Domestic Violence Bureau, indicting more than 100 felony cases. She tried a wide variety of felony cases, including attempted murders, robberies, home invasions, serious assaults and gun cases. In 2014, she was promoted to Felony Deputy, supervising prosecutors in all aspects of case investigation, preparation and trial. She also investigates complaints in her role as EEO counselor, and represents the Office at precinct council meetings.

ADA Watson is replacing ADA Kin Ng, this year’s recipient of the NYC Bar Association’s Thomas E. Dewey Medal, who will be taking over as Chief of the Blue Zone Trial Bureau. The other Trial Bureau Chiefs are James Lin (Green), Danielle Eaddy (Orange) and Robert Walsh (Grey). Janet Gleeson will be taking on a new position as Chief of Court Operations.

The new ADAs and the law schools from which they graduated are listed below:

Meredith Abrams                                Columbia University School of Law
Pious Pavitar Ahuja                            American University, Washington College of Law
Sahira Asia                                          Benjamin N. Cardozo School of Law, Yeshiva University
Gillian R. H. Barna                             New York University School of Law
Ingrid Bilowich                                   Emory University School of Law
Lauren Bisogno                                   St. John’s University School of Law
Saeng Bounyasane                              Indiana University School of Law—Bloomington
Bria Carr                                             Drake University Law School
Audrey E. Chao                                   Columbia University School of Law
Kathleen Conlon                                 Brooklyn Law School
Amelia Digirolamo                             Boston University School of Law
Arique Dross                                       Charlotte School of Law
Janai Fraser                                         Rutgers University School of Law—Newark
Troy H. Gayle                                     Syracuse University College of Law
Adam Ghalmi                                      University of Connecticut School of Law
Kaley Annette Hanenkrat                   The University of Michigan Law School
Breana Harris                                      Louisiana State University, Paul M. Hebert Law Center
Devyn Hebert                                     Columbia University School of Law
Garrett D.C. Hines                              Tulane University Law School
Hannah Howard                                 New York University School of Law
Alexander W. Iorio                             Tulane University Law School
Prianka Kazi                                       Fordham University School of Law
Kaitlin Marie Kinsella                                    The George Washington University Law School
Sophie L. Kravet                                 Brooklyn Law School
Werner Kuang                                    Benjamin N. Cardozo School of Law, Yeshiva University
Katherine La-Rotta                             New York Law School
Charles Lewis                                     Texas Southern Uni.—Thurgood Marshall School of Law
Sherri Litvak                                       City University of New York School of Law
Paige Jill Mankin                                Fordham University School of Law
Aaron George Marrero                        Pace University School of Law
Michael Lesean McGee Jr.                 Chicago-Kent College of Law, Illinois Inst. of Technology
Maria J. Miranda                                 City University of New York School of Law
Daniel Murphy                                    New York Law School
Marjeta Papa Nikolovski                    Pace University School of Law
Andrew Ogbahon                               Hofstra University School of Law
Moise Andre Oge                               St. John’s University School of Law
Paul Ostrer                                          University at Buffalo Law School
Pooja Parekh                                       New York Law School
Jonathan Randolph                             Parrish Temple Uni.—James E. Beasley School of Law
Ainissa Lytrice Proctor                       Charleston School of Law
Kellyann Ryan                                    New York Law School
Zachary Safrin                                    The John Marshall Law School
Andrew James Salinas                        Washington and Lee University School of Law
Iris Santiago                                        New York Law School
Brianna L. Seid                                   New York University School of Law
Douglas Steinberg                               The George Washington University Law School
Benjamin Eric Swanson                     New York University School of Law
Tyler Joseph Tagliaferro                     Case Western Reserve University School of Law
Zachary Charles Trkla                                     Northwestern University School of Law
Alicia M. Trujillo                                New York Law School
Alejandro Vera                                   University of Colorado Law School
Carmen L. Weaver                              William & Mary Law School
Andrew Jackson Yoo                          South Texas College of Law

FOR IMMEDIATE RELEASE
Wednesday, December 16, 2020

 

Bronx Man Indicted for Alleged Grandparent “Bail” Scam

Allegedly Participated in Scheme That Claimed Victims’ Grandchildren Had Been
Arrested and Needed to be Bailed Out; Collected Cash from Victims via Courier

Brooklyn District Attorney Eric Gonzalez today announced that a Bronx man has been indicted for allegedly scamming eight senior citizens out of thousands of dollars through his role coordinating a scheme in which the victims were falsely told that a grandchild of theirs had been arrested and needed cash to be bailed out of jail. The defendant then allegedly sent a courier to the victims’ homes to collect the cash.

District Attorney Gonzalez said, “I am committed to protecting our senior citizen community from scams and fraudsters who seek to take advantage and prey on them. We should all be aware of bail scams like the one this defendant was allegedly part of and be wary of any phone calls from strangers asking for cash. Never agree to turn over money without contacting your grandchild, their parent or another relative to determine if they are safe, and report any suspicious solicitation to law enforcement.”

The District Attorney identified the defendant as Anthony Rosario Mendez, 24, of the Bronx. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on a 10-count indictment in which he is charged with seven counts of third-degree grand larceny, one count of fourth-degree grand larceny, one count of third-degree attempted grand larceny and one count of first-degree scheme to defraud. He was released without bail and ordered to return to court on February 26, 2021.

The District Attorney said that, according to the investigation, between March 15, 2019 and May 18, 2020, the defendant allegedly participated in a grandparent bail scheme that targeted at least eight victims – three grandfathers and five grandmothers – between the ages of 74 and 90. The victims lived across Brooklyn, including in Bedford-Stuyvesant, Crown Heights, Clinton Hill, Bushwick, Brownsville and Marine Park. One victim lived in the Bronx. The victims each lost between $3,000 and nearly $20,000 as a result of the scheme.

It is alleged that in each case the victim received a phone call from an individual purporting to be an attorney and claiming that the victim’s grandchild was arrested and being held in jail. The victim was told to provide cash in an envelope to bail out the grandchild and that a messenger working for the attorney would come to the victim’s home to pick up the envelope. It is alleged that the defendant, who allegedly worked as a dispatcher, then sent a courier to pick up the envelope and deliver it to the defendant.

The case was investigated by New York City Police Detective Nathan Cavada of the Brooklyn North Grand Larceny Division.

The case is being prosecuted by Senior Assistant District Attorney Elliot Wertheim, of the District Attorney’s Frauds Bureau, under the supervision of Assistant District Attorney Michael 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
Friday, December 11, 2020

 

East New York Man Indicted for Sex Trafficking of 15-Year-Old Girl

Defendant Allegedly Prostituted the Victim Multiple Times
After Taking Photos of Her to Use in Online Advertisements

Brooklyn District Attorney Eric Gonzalez today announced that an East New York man has been arraigned on an indictment in which he is charged with sex trafficking of a child, promoting prostitution and rape for the alleged sex trafficking of a 15-year-old girl.

District Attorney Gonzalez said, “This disturbing crime demonstrates that the sex trafficking and exploitation of children is a very real and serious problem in our society. We must protect our youth, especially the most vulnerable, from predators, and we must continue to do all we can to raise awareness about human trafficking. I remain determined to protect all victims from the type of sexual violence allegedly perpetrated by this defendant.”

The District Attorney identified the defendant as Bryant Entzminger, 40, of East New York, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Jill Konviser on a six-count indictment in which he is charged with sex trafficking of a child, second- and fourth-degree promoting prostitution, endangering the welfare of a child and two counts of third-degree rape. If convicted of the top count, he is facing a maximum sentence of 25 years in prison and will be required to register as a sex offender. The defendant was ordered held without bail and to return to court on January 5, 2021.

The District Attorney said that, according to the investigation, on October 13, 2020, the defendant, who was in the front passenger seat of a red vehicle, allegedly approached the victim as she was walking near Avenue J and invited her to his home.

The defendant allegedly drove the victim to his home in East New York where he engaged in sexual intercourse with the victim and asked her if she wanted to work with him to make some money.

The defendant allegedly dressed the victim in a suggestive outfit and took photos of her to use in online advertisements in order to arrange dates during which the victim engaged in various sex acts with men in exchange for money.

Between October 13 and October 25, 2020, the defendant allegedly took the victim to underground strip clubs where she was made to dance, strip and engage in various sex acts with men in exchange for money. The victim collected the money and gave it directly to the defendant.

It is also alleged that the defendant arranged dates for the victim to meet with men at hotels in Brooklyn to engage in various sex acts in exchange for money and brought the victim to a track in East New York where she solicited men to engage in various sex acts in exchange for money. The defendant allegedly instructed the victim what to charge men for various sex acts. In all these instances, the victim collected the money and gave it directly to the defendant.

In the late evening of October 24, 2020, the victim used a cell phone provided by the defendant to contact a friend and family member. Her family member contacted the New York City Police Department. On October 25, 2020, NYPD officers rescued the victim and brought her to Kings County Hospital for medical treatment.

It is alleged that, between October 13 and October 25, 2020, the defendant engaged in sexual intercourse with the victim multiple times.
The New York City Police Department investigation was led by Detective Elizabeth Gonzalez, under the supervision of Lieutenant Amy Capogna, who oversees the NYPD’s Vice Enforcement Human Trafficking Team. Captain Thomas Milano is the Executive Officer and Inspector Neteis Gilbert is the Commanding Officer of the Vice Enforcement Division.
The case is being prosecuted by Senior Assistant District Attorney Mary E. Monahan, under the supervision of Assistant District Attorney David Weiss, Deputy Chief of the District Attorney’s Human Trafficking Unit, and under the overall supervision of Assistant District Attorney Miss Gregory, Chief of the Special Victims Bureau.

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

 

 

 

 

FOR IMMEDIATE RELEASE
Monday, December 7, 2020

 

Brooklyn Attorney Indicted for Real Estate Fraud in Connection
With Eight Properties Valued at Nearly $8 Million

Scheme Targeted Homes in Foreclosure in Bedford-Stuyvesant, East New York
and Flatbush; Defendant Allegedly Collected Over $600,000 in Rent

Brooklyn District Attorney Eric Gonzalez today announced that a suspended Brooklyn attorney has been arraigned on an indictment in which he is charged with stealing the deeds to eight properties in foreclosure worth a total of $7.8 million by defrauding seven homeowners, most of whom believed he was negotiating a short sale on their behalf.

District Attorney Gonzalez said, “Brooklyn’s valuable real estate market continues to be an attractive target for fraudsters willing to deceive homeowners. These victims, who trusted the defendant to help them avoid foreclosure, instead allegedly had their homes stolen by him and were left facing financial ruin. I urge anyone considering selling their property to be prudent about with whom they do business. Be wary of any unsolicited offers of help with your property and do not sign any documents unless you consult with an independently retained attorney.”

The District Attorney identified the defendant as Sanford Solny, 63, of Midwood, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on a 63-count indictment in which he is charged with second- and fourth-degree grand larceny, first-degree scheme to defraud, and first- and second-degree criminal possession of stolen property. He was released without bail and ordered to return to court on February 4, 2021.

The District Attorney said that, according to the investigation, between May 2012 and November 2020, the defendant, an attorney whose license to practice law was suspended in April 2012, allegedly engaged in a real estate fraud scheme to steal deeds to and economically benefit from eight residential properties in Brooklyn, targeting seven victims who owned properties that were in foreclosure.

It is alleged that various individuals, including unlicensed brokers, contacted the victims and referred them to the defendant to negotiate a short sale, i.e., selling the property to someone else under terms communicated to and approved by a lender. In exchange, the lender would then drop the foreclosure action and forgive the loan amount owed.

The defendant allegedly met most of the victims at his office in Borough Park where he either falsely told them that they were required to sign their deeds over to him for the defendant to begin a short sale negotiation on their behalf or had the victims sign documents that the defendant claimed were part of the short sale process but, unbeknownst to them, actually relinquished ownership of their property to the defendant.

The indictment charges the defendant with crimes involving the following one and two- family homes with a total current value of approximately $7.8 million:

• 53 Van Buren Street in Bedford-Stuyvesant
• 163 Montauk Avenue in Cypress Hills
• 2 Jardine Place in Ocean Hill
• 161 East 29^th Street in East Flatbush
• 2555 Bedford Avenue in Flatbush
• 406 East 21^st Street in Flatbush
• 729 Eldert Lane in East New York
• 394 Monroe Street in Bedford-Stuyvesant

In most cases, the defendant allegedly paid the owner’s fee, ranging from $1,000 to $18,000, for transferring the property to him or to various corporations he controlled. In some cases, the defendant allegedly told the victims that the lenders preferred or, on at least one occasion, required that the homeowners vacate the property for the short sale to occur.

There is no record of the defendant attempting to negotiate a short sale with any of the lenders on the properties, despite the federal and state laws that require lenders to make a record of any short sales or attempts to negotiate a short sale for properties the lender is foreclosing on. In fact, on two of the properties, the defendant allegedly actively obstructed attempts by owners to sell their property without him.

Over the months and years that the defendant claimed to be in negotiations, when victims asked him about the negotiations, possible sales or when the foreclosure actions would end, he allegedly offered an array of excuses and explanations.

The defendant allegedly collected over $600,000 in rent from tenants he brought in or existing tenants at the eight properties the victims transferred to him. As record owner, if any of the properties were to be sold, the defendant would also benefit from the increase in value accrued over the last several years.

As a result of the defendant’s alleged fraudulent scheme, the victims lost their properties and rental income. In addition, their credit scores and ability to obtain new loans rapidly deteriorated as most of the foreclosures remain active.

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

The District Attorney thanked the New York City Department of Investigation, the New York City Department of Finance and the New York State Department of Financial Services for their assistance in the investigation.

The case is being prosecuted by Senior Assistant District Attorney Joseph DiBenedetto, of the District Attorney’s Frauds Bureau, under the supervision of Assistant District Attorney Gregory C. Pavlides, Chief of the Frauds Bureau, and Assistant District Attorney Michael 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, November 12, 2020

 

Four Men, Including MTA Subway Conductor, Indicted for Trafficking
Guns Purchased in the South to Sell on Brooklyn Streets

Forty-Four Firearms Purchased During Year-Long Undercover Police Operation;
Sales Took Place Near Defendant’s Brownsville Home

Brooklyn District Attorney Eric Gonzalez, together with New York City Police Commissioner Dermot Shea, today announced the indictment of an alleged gun trafficking ring that purchased firearms in South Carolina and Virginia that were then transported on the Iron Pipeline and destined to be sold on the streets of Brooklyn.

District Attorney Gonzalez said, “This indictment is part of our multi-pronged approach to stem the surge in gun violence that we have seen in Brooklyn and throughout the entire city this year. We are determined to work with the Police Department to focus specifically on the drivers of crime, including those responsible for the proliferation of firearms by bringing them to the streets of Brooklyn. I commend the detectives, especially the undercovers, and my prosecutors for their joint efforts in this important case.”

Chief of Detectives Rodney Harrison said, “This indictment is another example of how the NYPD and our law-enforcement partners remain focused on eliminating illegal guns from the streets of New York City. Bringing gun traffickers to justice is dangerous work, but the NYPD remains committed to protecting New York City communities and keeping people safe. I commend the members of our Firearms Suppression Section, and specifically the Firearms Investigations Unit, and the Brooklyn District Attorney for their efforts that resulted in these indictments.”

The District Attorney identified the defendants as Montoun Hart, 49, of Brownsville, Brooklyn; Vernal Douglas, 49, of Flatlands, Brooklyn; Christopher Hodges, 31, of Walterboro, South Carolina; and Ira Jones, 42, of South Boston, Virginia. The defendants have been variously charged in a 139-count indictment with first-, second- and third-degree criminal sale of a firearm; second- and third-degree criminal possession of a weapon; fourth-degree conspiracy and related charges. Hart and Douglas were arraigned in Brooklyn Supreme Court. Hart has been remanded and bail was set at $750,000 for Douglas. Jones is awaiting extradition from Virginia. Hodges is being sought.

The District Attorney said the investigation spanned from October 2019 to October 2020 and began based on information obtained about an individual who was allegedly known as a gun merchant in Brownsville. It is alleged that on November 4, 2019, an undercover detective met defendant Montoun Hart for the purpose of purchasing firearms from the defendant. The undercover allegedly made six controlled firearm purchases from the defendant from November 4 to November 19, 2019.

The undercover then facilitated a meeting between the defendant and another undercover, who posed as an associate of the original undercover and who would purchase firearms on his behalf. Between December 3, 2019 and December 30, 2019, the second undercover allegedly made three controlled firearm purchases from the defendant.

On January 17, 2020, the first undercover resumed purchasing firearms directly from Hart and conducted additional controlled firearms purchases. Over the course of the investigation, Hart allegedly conducted a total of 27 controlled gun buys with the undercover officers, selling a total of 44 firearms.

The investigation found that all three of Hart’s alleged suppliers operate independently from one another, but their individual practices are similar: once a supplier obtained a firearm, he would tell Hart the make, model and price via telephone, and often send a photo of it. Hart then passed the details on to his customer (i.e., the undercovers) and scheduled the sale. All of the alleged sales occurred within a block of Hart’s residence.

Douglas, who is employed by the Metropolitan Transportation Authority as a subway conductor and lives in Flatlands, Brooklyn, also has an address in Williston, South Carolina, where he frequently travels. It is alleged that Douglas obtained firearms during trips to South Carolina and has also asked his sources in South Carolina to send him firearms via the mail.

It is alleged that Christopher Hodges, who lives in and operates out of Walterboro, South Carolina, accumulates firearms from a variety of sources and then travels up to New York via a Chinatown bus company to transfer the firearms to Hart.

Finally, it is alleged that Ira Jones, who lives and operates out of South Boston, Virginia, also travels up to New York with firearms for Hart to sell on the streets of Brooklyn.

Among the numerous firearms recovered are two assault weapons: a German Sport Guns .22 caliber rifle and a Smith & Wesson 9mm semi-automatic pistol, as well as a Ruger .44 caliber revolver, a Smith & Wesson .357 caliber revolver, a Springfield Armory 9mm pistol, a Taurus 9mm, a Glock .380 caliber, a Glock 9mm, and a Ruger P89 9mm pistol.

The investigation was conducted by New York City Police Department Detective Daniel Grandstaff, of the NYPD’s Firearms Investigations Unit, with the assistance of Sergeant Charles Arnone and Police Officer Tristan Trunk, of the 71st Precinct, under the supervision of Sergeant Matthew Griffin, Lieutenant James Donovan, Inspector Brian Gill and Assistant Chief Jason Wilcox, and the overall supervision of Rodney Harrison, Chief of Detectives.

The case is being prosecuted by Senior Assistant District Attorney Gillian DiPietro, of the District Attorney’s Violent Criminal Enterprises Bureau, under the supervision of Assistant District Attorney Jennifer Cilia, VCE Deputy Bureau Chief, Assistant District Attorney Leila Rosini, VCE Deputy Chief, and Assistant District Attorney Alfred De Ingeniis, VCE Bureau Chief, under the overall supervision of Raymond Tierney, Executive Assistant District Attorney for Crime Strategies and Violent Criminal Enterprises.

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

Materials displayed during the press conference are available here.

 

 

 

FOR IMMEDIATE RELEASE
Friday, October 30, 2020

 

Brooklyn District Attorney Moves to Vacate Conviction in 1987 Murder
After Finding That Sole Eyewitness’ Mental Condition Wasn’t Disclosed

Defendant was Paroled in 2016 After Being Incarcerated for 29 Years

Brooklyn District Attorney Eric Gonzalez today announced that following an investigation by his Conviction Review Unit (CRU) he will move to vacate the murder conviction of Gerard Domond, who was incarcerated for 29 years before being paroled in 2016. The investigation unearthed documents that showed that the only eyewitness, who testified pursuant to a cooperation agreement, was held in a psychiatric ward before the trial. Because this information was never disclosed to the defense, the defendant was prejudiced unfairly. The full CRU report is available here.

District Attorney Gonzalez said, “Vacating Mr. Domond’s conviction highlights the fact that even in cases that are very old and difficult to investigate, our Conviction Review Unit will do all it can to correct miscarriages of justice. This investigation revealed that crucial information about the mental state of the only eyewitness was kept from the jury and from the accused, depriving him of a fair trial. I will not stand by a conviction that was obtained unfairly.”

Domond will appear in person before Brooklyn Supreme Court Justice Matthew D’Emic today at 2:15 p.m.

The reinvestigation pertained to the March 1987 murder of Patrick Hinkson, who was dropped off in a hospital by a man who said the victim was killed in the parking lot of Club Love in Prospect-Lefferts Gardens. That witness provided the victim’s name and address, disappeared before police arrived and was never heard from again. No crime scene was ever established, and no forensic evidence was found.

The prosecution hinged on testimony from a witness identified in the CRU report as FP, who walked into the 77^th Precinct three days after the homicide and described the shooting, which he said stemmed from an argument over drug money. FP had open narcotics and robbery cases and by the 1989 trial, he had been incarcerated for several months in Kings County Hospital (KCH) for what the prosecutor claimed was an AIDS diagnosis. The defense called several alibi witnesses, who claimed the defendant was in Georgia at the time of the murder, but some had failed to identify him in earlier interviews or had provided inconsistent dates for his return. The defendant was convicted and sentenced to 25 years to life.

When reviewing all available documents, the CRU found notes in the case file that indicated FP was being held pre-trial in the Psychiatric Forensic Unit in the G Building of KCH. Record searches and interviews with practitioners who worked there at the time, revealed that the G Building exclusively housed psychiatric patients and that FP likely suffered from “a very serious mental health condition.”

FP died in 2006 and his jail and hospital records no longer exist. Other potential witnesses could not be located. But the CRU concluded that the prosecutor should have known of FP’s mental condition and by withholding that information, the defendant was prejudiced and not afforded a fair trial.

This is the 29^th conviction vacated since 2014 as a result of the CRU’s work. A public report about the first 25 exonerations can be found here.

This case was investigated by Senior Assistant District Attorney Bruce Alderman, of the District Attorney’s Conviction Review Unit, and Assistant District Attorney Mike Trabulsi, formerly of the CRU, under the supervision of Assistant District Attorney Mark Hale, Chief of the District Attorney’s Post-Conviction Justice Bureau.

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FOR IMMEDIATE RELEASE
Wednesday, October 28, 2020

 

Former New York City Subway Conductor Charged for Allegedly
Stealing $114,000 from New York City Transit

Defendant Allegedly Falsely Certified He was Unemployed While Holding
Law Enforcement Positions in Pennsylvania and Florida

Brooklyn District Attorney Eric Gonzalez, together with Metropolitan Transportation Authority Inspector General Carolyn Pokorny and New York City Transit Interim President Sarah Feinberg, today announced that a former New York City Transit subway conductor has been arraigned on an indictment in which he is charged with grand larceny and other crimes for allegedly stealing approximately $114,000 in Workers’ Compensation payments from NYC Transit.

District Attorney Gonzalez said, “This defendant allegedly stole more than $100,000 in taxpayer money by claiming he was disabled while simultaneously – and outrageously – holding down a series of law enforcement jobs in other states. We will now seek to bring him to justice and recover the funds that he fraudulently received.”

MTA Inspector General Pokorny said, “This scam artist suddenly suffered a convenient ‘injury,’ when faced with imminent termination as an MTA subway conductor yet was fit enough to relocate to other states and hold a series of law enforcement jobs. All the while he was double-dipping — collecting a salary as a corrections officer and other positions of authority, while lining his pockets with disability payments funded by New York’s taxpayers, as alleged in the indictment.”

NYCT Interim President Feinberg said, “NYC Transit has zero tolerance for fraud and will seek full restitution in this and any case where it is perpetrated.”

The District Attorney identified the defendant as Giovanni Seminerio, 48, of Alva, Florida. He was arraigned today before Brooklyn Supreme Court Justice Dena Douglas on a 22-count indictment in which he is charged with second-degree grand larceny, first-degree offering a false instrument for filing, first-degree falsifying business records and related charges. The defendant was released and ordered to return to court on November 17, 2020.

The District Attorney said that, according to the investigation, the defendant, then a subway conductor for NYC Transit, received notification that he would be terminated on December 8, 2015 for disciplinary charges related to his operation of the trains. That same day, the defendant claimed he had been injured during his shift the day before and sought Workers’ Compensation benefits.

The defendant began receiving Workers’ Compensation payments on May 18, 2016. It is alleged that between October 2016 and August 2019 the defendant periodically signed documents, as required by NYC Transit, falsely certifying that he was not employed in any capacity, including a Daily Activity Questionnaire submitted with his medical exams, and an endorsement on the Workers’ Compensation checks he received.

In fact, from October 2016 to January 2020, the defendant allegedly held a succession of salaried law enforcement positions, including work as a corrections officer for Monroe County, Pennsylvania, the Florida Department of Corrections and the Glades County, Florida Sheriff’s Office and as an Enforcement Specialist for the Lee County, Florida Board of County Commissioners.

It is alleged that the defendant stole approximately $114,000 as a result of his fraud. NYC Transit’s Special Investigation Unit alerted the MTA Inspector General to the fraud during an internal review of Workers’ Compensation cases and suspended his payments in August 2019.

The District Attorney thanked Senior Investigative Attorney Maureen McCormack-MacDougall, Senior Principal Investigator Lawrence McGugins, and other members of the OIG’s Legal and Investigative Unit for their work on this case.

The case is being prosecuted by Senior Assistant District Attorney Abigail Rosen, of the District Attorney’s Frauds Bureau, with assistance from Senior Assistant District Attorney Adam Libove, of the District Attorney’s Public Integrity Bureau, under the supervision of Laura Neubauer, Chief of the Public Integrity Bureau, Greg Pavlides, Chief of the Frauds Bureau, and Michael Spanakos, Deputy Chief of the Investigations Division, and the overall supervision of Patricia McNeill, Chief of the Investigations Division.

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FOR IMMEDIATE RELEASE
Monday, October 19, 2020

 

Long Island Man Sentenced to 24 Years to Life in Prison
For Murder of Brooklyn Pizzeria Owner

Victim was Ambushed and Shot to Death Outside His Dyker Heights Home

Brooklyn District Attorney Eric Gonzalez today announced that a Long Island man has been sentenced to 24 years to life in prison for the shooting death of the owner of L&B Spumoni Gardens in Gravesend, Brooklyn. The victim was ambushed outside his home in Dyker Heights, Brooklyn. He was carrying $15,483 in cash in a plastic bag when he was killed.

District Attorney Gonzalez said, “This defendant is now facing the serious consequences for the brazen ambush murder of an innocent and beloved local business owner right outside of his home. Nothing will bring him back, but I hope this significant sentence brings some small measure of solace to his heartbroken family and friends.”

The District Attorney identified the defendant as Andres (“Andy”) Fernandez, 45, of Melville, Long Island. He was sentenced today by Brooklyn Supreme Court Justice Danny Chun to 24 years to life in prison. The defendant was convicted of second-degree murder and second-degree criminal possession of a weapon on December 9, 2019, following a jury trial.

The District Attorney said that, according to the evidence, on June 30, 2016, at about 6:40 p.m., the victim, Louis Barbati, 61, left his restaurant, L&B Spumoni Gardens, located at 2725 86th Street in Gravesend, Brooklyn. He was carrying a plastic bag containing $15,483 in cash.

About an hour earlier, according to the evidence, the defendant, wearing a dark hooded sweatshirt and sunglasses, was in the vicinity of the victim’s home on 12th Avenue in Dyker Heights and waited, the evidence shows. At about 7 p.m., the victim arrived at his home, parked his car on the side of the house and got out holding the bag of cash.

The defendant then walked across the street and shot the victim several times, killing him. He subsequently ran, without taking the money, entered a late-model Acura and fled. In addition to being at the murder scene, the defendant was present at L&B Spumoni Gardens earlier that day, according to the evidence.

Surveillance images of the defendant were distributed by the New York City Police Department and he was identified by several witnesses. He was arrested by federal authorities on November 3, 2016.

The District Attorney thanked the Federal Bureau of Investigation and the Office of the United States Attorney for the Eastern District of New York for their assistance in the investigation.

The case was investigated by FBI Special Agent Chance Adam and New York City Police Department Detective James Hemmer, of the Brooklyn South Homicide Squad.

Homicide Paralegal Supervisor Jannette Ayala and Junior Intelligence Analyst Eungee Hwang, of the District Attorney’s Crime Strategies Unit, assisted in the prosecution.

The case was prosecuted by Senior Assistant District Attorney Emily Dean, of the District Attorney’s Homicide Bureau, and Senior Assistant District Attorney Jingu Chong, of the District Attorney’s Blue Zone Trial Bureau, under the supervision of Assistant District Attorney Timothy Gough, Homicide Bureau Chief.

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