About Ernest Johnson

FOR IMMEDIATE RELEASE
Wednesday, December 7, 2016

Woman Convicted of Murder for Fatally Stabbing Man in Brownsville

Defendant Arrested after Fleeing to Massachusetts

Acting Brooklyn District Attorney Eric Gonzalez today announced that a 34-year-old woman from Boston, Massachusetts has been convicted of murder 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 defendant callously and viciously stabbed the victim more than 80 times, killing him. She has now been held accountable for this brutal attack.”

The Acting District Attorney identified the defendant as Chivona Hughes, 34, of Boston, Massachusetts. She was convicted yesterday of second-degree murder following a jury trial before Brooklyn Supreme Court Justice Neil Firetog. She will be sentenced on January 11, 2017, at which time she faces up to 25 years to life in prison.

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
Monday, December 5, 2016

Long Island Man Indicted for Murder of
Brooklyn Restaurant Owner during Botched Robbery

Fatally Shot Owner of L&B Spumoni Gardens outside Victim’s Home;
Fled Scene without Taking $15,000 in Cash

Acting Brooklyn District Attorney Eric Gonzalez today announced that a 40-year-old man has been indicted for murder and other charges for the shooting death of the owner of L&B Spumoni Gardens Italian Restaurant, who was ambushed outside his home in Dyker Heights, Brooklyn. The victim was carrying $15,000 in cash in a plastic bag when he was killed.

Acting District Attorney Gonzalez said, “We allege that this defendant was lying in wait outside the victim’s home, then ambushed and shot him to death in cold blood. This was a calculated and senseless murder of a beloved business man and I intend to prosecute this crime to the fullest extent of the law.”

The Acting District Attorney identified the defendant as Andres (“Andy”) Fernandez, 40, of Melville, Long Island. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on charges of second-degree murder, first-degree attempted robbery and second-degree criminal possession of a weapon and ordered held without bail. The defendant faces a maximum sentence of 25 years to life if convicted of the top count with which he was charged.

The Acting 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 St., in Gravesend, Brooklyn. He was carrying a plastic bag containing $15,000 in cash.

About an hour earlier, the defendant, wearing a dark hooded sweatshirt and sunglasses, walked to 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 at the side of the house and got out holding the bag of cash.

The defendant then allegedly 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. The defendant was present at the murder scene and at L&B Restaurant earlier that day, according to the investigation.

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

The case is being prosecuted by Assistant District Attorney Melissa Carvajal, Deputy Bureau Chief of the District Attorney’s Homicide Bureau, and Senior Assistant District Attorney Emily Dean, also of the Homicide Bureau, under the supervision of Assistant District Attorney Kenneth Taub, Chief.

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FOR IMMEDIATE RELEASE
Wednesday, November 30, 2016

Crown Heights Man Sentenced to 55 Years to Life in Prison
For Shooting at Two Victims during Gun-Point Robberies

Fired at One Victim after Taking his Cash;
Shot Young Woman in Abdomen when she had no Money

Acting Brooklyn District Attorney Eric Gonzalez today announced that a 34-year-old Crown Heights man was sentenced to 55 years to life in prison for firing his gun during the commission of two armed robberies in his neighborhood. He fired at one fleeing victim who had given him money and seriously wounded a second victim by shooting her when she did not have any cash.

Acting District Attorney Gonzalez said, “This defendant displayed a callous disregard for human life by robbing and shooting innocent victims. With today’s sentence a clearly dangerous and violent felon will spend many years behind bars where he won’t be able to hurt or terrorize innocent people.”

The Acting District Attorney identified the defendant as Jovan Frederick, 34, of Crown Heights, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Raymond Guzman to 55 years to life in prison following his conviction on August 19, 2016 on first-degree robbery, second-degree attempted murder, first-degree assault, first-degree attempted robbery and three counts of second-degree criminal possession of a weapon following a jury trial. The defendant was deemed a persistent felony offender based on his numerous prior felony convictions.

The Acting District Attorney said that, according to trial testimony, on February 11, 2015, at 1:40 a.m., the defendant approached a 37-year-old man at the corner of Maple Street and Kingston Avenue in Crown Heights, brandished a gun and demanded money. The victim dropped about $200 to the ground and ran. The defendant then fired at the fleeing victim but missed.

The evidence further showed that on February 13, 2015, at about 1:15 a.m., a 19-year-old woman was retrieving the mail at her residence on Maple Street in Crown Heights when the defendant brandished his gun and demanded money. The victim repeatedly told him that she does not have any money on her and the defendant then shot her multiple times at close range, striking her in the abdomen. The victim spent approximately four months in the hospital, underwent multiple medical procedures and continues to live with a tracheotomy.

Police officers who responded to the defendant’s home on February 15, 2015 recovered a 9-mm semiautomatic firearm that contained the defendant’s DNA. The evidence showed that this was the same gun that was used in the two above-described incidents.

The case was prosecuted by Assistant District Attorneys Brian Wagner and Thomas Teplitsky, of the District Attorney’s Trial Bureau, Green Zone, under the supervision of David Klestzick, Bureau Chief.

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FOR IMMEDIATE RELEASE
Wednesday, November 30, 2016

Defendant Sentenced to up to 15 Years in Prison for Stealing $500,000
Bedford-Stuyvesant Brownstone by Forging Judge’s Signature

Filed Fraudulent Judicial Order to Claim Ownership of House before Completing Sale

Acting Brooklyn District Attorney Eric Gonzalez today announced that a 54-year-old man was sentenced to 7 ½ to 15 years in state prison for stealing a brownstone in Bedford-Stuyvesant, Brooklyn by forging a judge’s signature on a judicial order and using it to claim possession of the building, which he then sold. The defendant, who had filed numerous court motions for over a decade, falsely asserting ownership despite orders barring him from doing so, took in nearly $250,000 from the unlawful sale.

Acting District Attorney Gonzalez said, “This significant prison sentence should serve as a warning to anyone who tries to take advantage of Brooklyn’s booming real estate market by conducting criminal schemes, like the brazen forgeries and theft in this case. Our Real Estate Fraud Unit is here to protect homeowners from scammers and I am committed to aggressively investigating and prosecuting these crimes.”

The Acting District Attorney identified the defendant as Joseph McCray, 54, of Niagara Falls, New York. He was sentenced today by Brooklyn Supreme Court Justice Danny Chun to an indeterminate term of 7 ½ to 15 years in prison following his conviction on September 29, 2016 on two counts of second-degree grand larceny and one count each of offering a false instrument for filing, second-degree criminal possession of a forged instrument and first-degree falsifying business records after a jury trial. The judge also issued orders to remove the defendant’s bogus filings from the city’s Property Records repository.

The Acting District Attorney said that, according trial testimony, on January 6, 2015, the defendant filed with the City Register a fraudulent court order purportedly signed by Brooklyn Civil Supreme Court Justice Yvonne Lewis, which effectively granted him ownership of 119 McDonough Street. Four months later, using the forged order, the defendant entered into a contract to sell the building for $500,000. At the closing on May 21, 2015, he received two checks for $249,713 (the rest of the funds were used to pay for outstanding liens on the property), which he cashed the next day at a check cashing place.

The evidence showed that 119 McDonough Street, a four-family building in the historic district of Bedford-Stuyvesant, Brooklyn, was purchased by a woman in March 2000 from the New York City Department of Housing Preservation and Development. McCray was a holdover tenant, but never paid rent. He was evicted in September 2002, but continued to reside in the building.

Starting in 2001, the defendant commenced a series of legal actions in Civil Court, asserting ownership of the building. In 2003 and 2004 he also presented himself as the landlord and illegally collected rent – criminal actions that led to a conviction in 2006. On June 4, 2004, according to the evidence, he filed a fraudulent deed with the City Register, transferring ownership of 119 McDonough Street to his name.

In August 2007, HSBC Bank commenced an action to foreclose the mortgage on the property, naming McCray, along with the rightful owner and her daughter (who was added to the deed in 2006) as defendants. During the pendency of the foreclosure action, McCray filed numerous letters, motions and Orders to Show Cause, asserting his ownership of the building. Two different judges had barred him from filing any additional motions or to claim any interest in the property, but he continued to do so. On April 20, 2015 the Administrative Judge of Civil Matters directed the County Clerk to reject further applications from the defendant relating to the building without prior permission.

The forged court order McCray had filed in January 2015 nullified the 2006 deed of the rightful owner and her daughter and ended the foreclosure action, purportedly giving the defendant sole ownership of the building. He then completed the contract of sale with a lawyer. On July 27, 2015, the defendant returned to that lawyer’s office to pick up an additional $16,000 check from the seller’s escrow account and was arrested by officers of the Sheriff’s Department, according to testimony.

The case was prosecuted by Senior Assistant District Attorney Frank Dudis and Assistant District Attorney Cooper Gorrie of the District Attorney’s Real Estate Fraud Unit, under the supervision of Richard Farrell, Unit Chief, and Felice Sontupe, Chief of the Frauds Bureau, and the overall supervision of Executive Assistant District Attorney William E. Schaeffer, Chief of the Investigations Division and Patricia McNeill, Deputy Chief.

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FOR IMMEDIATE RELEASE
Tuesday, November 29, 2016

Unscrupulous Landlords Plead Guilty to Scheme to Defraud
Rent Regulated Tenants by Unlawfully Evicting Them From
Residential Buildings in Bushwick, Greenpoint and Williamsburg

Defendants Admit Trying to Force out Tenants in Rapidly Gentrifying
North Brooklyn Neighborhoods

Investigation by Governor Cuomo’s Tenant Protection Unit, Brooklyn DA and City Agencies
Found Evidence of Hazardous Construction Intended to Harass Tenants

Governor Andrew M. Cuomo and Acting Brooklyn District Attorney Eric Gonzalez today announced that two Brooklyn landlords have pleaded guilty to scheme to defraud and unlawful eviction for forcing or attempting to force rent-stabilized tenants out of their homes by destroying their apartments and making them uninhabitable in order to collect significantly higher market-rate rents. The investigation was initiated by the Governor’s Tenant Protection Unit concerning allegations of extreme harassment and intimidation in many of the approximately ten buildings owned and managed by Joel and Amrom (aka Aaron) Israel in Bushwick, Williamsburg, and Greenpoint, and that resulted in the TPU referring the case to the Brooklyn District Attorney’s Office for criminal prosecution.

“New York has zero tolerance for those who seek to defraud or discriminate against rent-regulated tenants trying to make a home for themselves and their families,” Governor Cuomo said. “Together with our state and local partners, the Tenant Protection Unit will further crack down on unscrupulous landlords and ensure that those responsible for this reprehensible conduct are held to full account. The state is committed to protecting tenants’ rights and ensuring access to safe, decent, affordable housing statewide.”

Acting District Attorney Gonzalez said, “Landlords across Brooklyn should be put on notice by today’s felony guilty pleas that illegal actions they may take to harass and intimidate tenants in rent regulated apartments will not go unpunished. Anyone trying to cash in on soaring market rents by breaking the law and abusing tenants will face serious consequences. I promise to continue to vigorously prosecute building owners who brazenly flout the law as they try to illegally evict protected tenants.”

Mayor Bill de Blasio said, “This administration has no tolerance for landlords who use reckless and illegal tactics to force tenants out of their homes. We are fighting aggressively to protect New York families and our precious stock of rent-stabilized housing – including by bringing cases in criminal court against abusive landlords.”

New York State Homes and Community Renewal Commissioner James S. Rubin said, “The Governor’s Tenant Protection Unit continues to fight for the rights of tenants to live without fear of intimidation or abuse in apartments that landlords are targeting for turnover to market rate. When the TPU finds evidence of civil or criminal wrongdoing – they advance the investigations accordingly – and seek prosecutions and appropriate legal action to the full extent of the law on behalf of vulnerable tenants. This prolonged scheme was particularly devastating because it deprived tenants of plumbing and cooking facilities for months, creating hazardous and desperate living conditions. This is the first of several criminal referrals the TPU has made and it sends a resounding message that New York State is working closely with law enforcement and is at the forefront of protecting tenants’ rights.”

New York City Housing Preservation and Development Commissioner Vicki Been said, “Today we send a message that law enforcement won’t stand by as landlords try to force tenants out of their homes and take existing rent-stabilized housing away from the community. After years of aggressive enforcement and legal actions, HPD was delighted to partner with the DA recently to welcome residents back into their repaired homes at 300 Nassau, one of several properties owned or managed by Joel and Amrom Israel. I want to thank Acting Brooklyn District Attorney Eric Gonzalez for continuing the great work started by the late Ken Thompson to take housing crimes seriously and hold owners like the Israels accountable.”

New York City Department of Buildings Commissioner Rick Chandler said, “The Buildings Department will continue to work proactively with our partner agencies to investigate and identify bad actors who seek to undermine the development process. Tenant harassment is unacceptable and we will use every enforcement tool at our disposal to prevent nuisance construction that unnecessarily displaces residents. I congratulate and thank Acting District Attorney Eric Gonzalez and his team for all their hard work on this case. I also want to recognize the efforts of our Buildings Marshal’s office, who assisted with this case.”

The Acting District Attorney said that the defendants, Joel Israel, 35, and his brother, Amrom (aka Aaron) Israel, 38, both of Borough Park, Brooklyn, and their corporations, JBI Management Inc., Linden Ventures LLC, 324 Central Realty LLC, Salmor Realty 2, LLC and Salmor Realty LLC today pleaded guilty to one count of first-degree scheme to defraud and various counts of unlawful eviction before Brooklyn Supreme Court Justice Danny Chun.

The defendants entered into a plea agreement with the District Attorney’s Office in which they will receive five years’ probation; each be required to perform 500 hours of community service; and to make restitution of approximately $248,000 to be shared among eight tenants who were harassed while they variously lived at the following locations: 98 Linden Street in Bushwick, 324 Central Avenue in Bushwick, 300 Nassau Avenue in Greenpoint, 15 Humboldt Street in Williamsburg and 386 Woodbine Street in Bushwick. The corporations will be sentenced to a conditional discharge.

As a condition of the plea, the Israel defendants will settle claims by the Governor’s Tenant Protection Unit by agreeing to a five-year settlement agreement that, among other things, requires the defendants to create policies and procedures for their businesses that own and/or manage rent regulated buildings and apartments; to hire an independent monitor who will report directly to the TPU and the District Attorney’s Office, and will oversee the defendants’ rent regulated properties and ensure they comply with the rent laws through the term of their probation; and to fund a “Tenant Compensation Monetary Fund” with $100,000 that will be administered by the monitor, with approval by TPU, to compensate tenants who vacated their apartments and/or experienced harm due to harassment, a reduction in services, or other unlawful acts of JBI. This payment is in addition to the criminal restitution.

The Acting District Attorney said that, according to the plea allocution, as landlords and managers, Joel Israel and his brother Amrom Israel, and their companies, owned or controlled at least five rent-stabilized buildings in northern Brooklyn. The defendants knew about the rent stabilization laws that governed their buildings, including that their tenants were entitled to receive required services, to have their leases renewed, to have limits on the amount of rent they paid and to not be evicted except on grounds required by law. In all five buildings, the defendants schemed to harass tenants, evict tenants and deny the tenants their property rights. The purpose of the scheme was to remove the rent stabilized tenants from their apartments in order to make a greater profit by renting the apartments at market rate.

Since its creation in 2012, the Tenant Protection Unit enforcement activities have led to the registration of over 55,000 improperly deregulated apartments and the recovery of over $3 million in overcharged rent for unsuspecting tenants through settlement agreements and administrative proceedings. Acting District Attorney Gonzalez would like to recognize the TPU staff who assisted with this case, Rent Inspector Ryoneal Wilson, Assistant Counsel Karis Rasmussen and Senior Attorney Monique Thomas, under the direction of Legal Director Vernitta N. Chambers and Investigations Director Lewis Gray, under the supervision of Bureau Chief Gregory C. Fewer and under the overall supervision of Deputy Commissioner Richard R. White.

HPD’s Emergency Repair Program spent more than $42,034 since 2002 to make repairs to immediately hazardous violations at 300 Nassau, and initiated several housing court cases, including a comprehensive case, before the City determined that the conditions in the building were unsafe to the tenants’ life, health and safety, and vacated the tenants. In 2014, the residents initiated a 7-A case with the assistance of Brooklyn Legal Services Corp. A, and HPD’s Housing Litigation Division joined them in successfully obtaining an order appointing a 7-A Administrator. HPD provided the 7-A Administrator of 300 Nassau Avenue 7-A Financial Assistance in the amount of over approximately $565,000 to repair or replace major systems and make other repairs. In addition, HPD’s Office of Enforcement and Neighborhood Services have been heavily involved in fighting to protect the tenants at 98 Linden Street and 224 Schaefer Street, and continue to work with residents of these buildings to find resolution to extensive maintenance conditions.

Acting District Attorney Gonzalez thanked Assistant Chief Ryan Gobin, Supervising Deputy Marshal Alicia DeFilippo and Senior Deputy Marshal Dominick Mezzapesa, of the New York City Buildings Department’s Marshal’s Office, who worked under the direction of Buildings Marshal Salvatore Agostino and Deputy Commissioner Timothy Hogan, for their work on the case.

The case was investigated by Detective Investigator Jacqueline Klapak and Supervising Detective Investigator Michael Seminara, under the supervision of Deputy Chief Edwin Murphy and Chief Joseph Piraino.

The case was prosecuted by Assistant District Attorney Gavin W. Miles, Counsel to the District Attorney’s Frauds Bureau and Senior Assistant District Attorney Samantha Magnani, of the District Attorney’s Investigations Division, under the supervision of Assistant District Attorney Richard Farrell, Chief of the Real Estate Fraud Unit and Assistant District Attorney Felice Sontupe, Chief of the Frauds Bureau, and the overall supervision of Executive Assistant District Attorney William E. Schaeffer, Chief of the District Attorney’s Investigations Division and Patricia McNeill, Deputy Chief.

Tenants who live in rent-regulated apartments and believe they are being harassed should contact the TPU at (718) 739-6400 or TPUinfo@nyshcr.org. For more information about the Governor’s Tenant Protection Unit go to: www.nyshcr.org/TPU

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FOR IMMEDIATE RELEASE
Monday, November 28, 2016

East New York Man Convicted of Murdering
His Mother Amidst Family Dispute

Victim was to Meet with Authorities Regarding
Alleged Crime Defendant Committed against another Relative

Acting Brooklyn District Attorney Eric Gonzalez today announced that a 31-year-old East New York man has been found guilty of second-degree murder for killing his mother before a meeting with the Brooklyn District Attorney’s Office regarding a crime the defendant allegedly committed against a relative.

Acting District Attorney Gonzalez said, “This defendant brutally bludgeoned and stabbed his mother to death to keep her from turning him in to authorities. He has now been held accountable for this horrific crime.”

The Acting District Attorney identified the defendant as Apollo Hernandez, 31, of East New York, Brooklyn. He was convicted today of second-degree murder following a jury trial before Brooklyn Supreme Court Justice Neil Firetog. The defendant is scheduled to be sentenced on December 19, 2016 at which time he faces up to 25 years to life in prison.

The Acting District Attorney said that, according to trial testimony, on December 17, 2014, at approximately 6:30 p.m., the victim, Ruth Maceira, 48, was home alone when the defendant, her eldest son, arrived at her Bushwick apartment. At approximately 10 p.m., the defendant repeatedly beat his mother with a metal statue and used a kitchen knife to slit her throat. As he fled, the defendant left a trail of bloody footprints, including sneaker treads, leading from the victim’s fourth floor apartment to the front door of the building, according to the evidence.

On December 20, 2014 emergency personnel were called to the victim’s apartment by a concerned relative who was unable to reach the victim. According to testimony and text messages, the victim was planning to confront the defendant regarding allegations that the defendant committed a felony offense against a younger family member, a crime that was disclosed by the younger family member earlier that year. The victim was also scheduled to meet with Brooklyn prosecutors about that matter the week following the attack.

The victim died as a result of an incised wound to the neck, according to the Medical Examiner.

When the defendant was arrested, the bottom tread of the sneakers he was wearing appeared melted. The evidence showed that melted rubber was found on the defendant’s stove from his apparent attempt to avoid being linked to the treads at the crime scene. In addition, police found a pair of jeans cut into pieces and soaking in a bucket of cleaning fluid in his apartment.

Surveillance video from the defendant’s apartment building showed him leaving his building on the day of the murder wearing a plaid hoodie, according to trial evidence. The defendant is seen on video returning to his apartment building after the murder not wearing the hoodie. A plaid hoodie, linked to the defendant by DNA, was found next to the victim’s body, according to testimony.

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

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