About Ernest Johnson

FOR IMMEDIATE RELEASE
Friday, September 16, 2016

 

Teenager Indicted for Killing a Brooklyn Father
Over a Baseball Cap in Flatbush

Defendant Fatally Shot the Victim in the Back;
Victim’s 17-year-old Son Witness to Shooting

Brooklyn District Attorney Ken Thompson today announced that a Flatbush teenager has been indicted on murder and related charges stemming from the fatal shooting of a 38-year-old father who attempted to retrieve a baseball cap allegedly stolen from his son days earlier.

District Attorney Thompson said, “A coveted baseball cap set off a deadly chain of events that ended with a father shot to death in front of his teenage son outside an elementary school playground. This was a cowardly and callous act, for which this defendant will now be held accountable.”

The District Attorney identified the defendant as Adonis Barnett, 16, of Flatbush, Brooklyn. The defendant was indicted on charges of second-degree murder and second-degree criminal possession of a weapon. He was arraigned today before Brooklyn Supreme Court Justice Neil Firetog. He faces up to 25 years to life in prison if convicted.

The District Attorney said that, according to the investigation, on August 3, 2016, at approximately 10:18 p.m., near the basketball courts outside of P.S. 6, in the vicinity of Snyder and Bedford Avenues, the defendant allegedly shot the victim, Gerald Cummings, once in the back and once in the back of the head. The victim’s son was present at the time of the shooting. The victim had approached the defendant and another teen alleging that the teens assaulted his son and stole his ‘Just Don’ Oakland Raiders leather and snakeskin baseball cap days earlier at the same location, on July 29, 2016. The cap is valued at approximately $400.

On the night of the shooting, witnesses—including the victim’s son—saw the defendant with an individual who was wearing the distinct stolen cap prompting the victim’s son to call his father for assistance. When the victim arrived and attempted to retrieve his son’s hat, the defendant and his friend argued with the victim. As the victim proceeded to leave, the defendant took a gun out of his backpack and shot the victim twice, according to the investigation and the defendant’s own statements.

The victim died at Kings County Hospital as a result of gunshot wounds.

A second defendant, Romell Baptiste, 16, of Flatbush, Brooklyn has been indicted on charges of second-degree robbery for allegedly stealing the ‘Just Don’ baseball cap on July 29, 2016. He was arraigned before Brooklyn Supreme Court Justice Neil Firetog on September 9, 2016.

The case is being prosecuted by Assistant District Attorney Howard L. Jackson, of the District Attorney’s Homicide Bureau, under the supervision of Assistant District Attorney Kenneth Taub, Bureau Chief.

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

 

FOR IMMEDIATE RELEASE
Friday, September 16, 2016

 

Firearms Trafficker Sentenced To 17 Years in State Prison
For Purchasing Guns in Georgia and Pennsylvania, Busing Them
To New York to Sell on the Streets of Brooklyn

Brooklyn District Attorney Ken Thompson announced that the leader of a gun trafficking ring who pleaded guilty in connection with bringing 112 guns, including 20 assault weapons, to New York to be resold on the streets of Brooklyn was sentenced today to 17 years in prison. The guns were purchased in Atlanta, Georgia and Pittsburgh, Pennsylvania.

District Attorney Thompson said, “This defendant tried to flood the streets of Brooklyn with more than 100 guns, including assault weapons, with no regard for the bloodshed and lost lives that could follow his actions. He will now have many years to think about what he did as he sits in an upstate New York prison.”

The District Attorney identified the defendant as Michael Bassier, 32, of East 96th Street, in Canarsie, Brooklyn. He was sentenced to 17 years in prison today by Brooklyn Supreme Court Justice Martin Murphy. Bassier pleaded guilty last month to four counts of first-degree criminal sale of a firearm, two counts of second-degree criminal sale of a firearm and one count of fourth-degree conspiracy.

The evidence against Bassier included his boasts on wiretaps that he was essentially taking advantage of lax gun laws down South to bring firearms into the City.

“I’m selling them the right way and the wrong way. When I’m out of state, like in Atlanta and Georgia and all that, it’s all legal, but New York, it’s completely illegal. So when I bring (expletive) up here and sell it up here, that’s illegal,” Bassier said in a phone conversation that was intercepted via electronic surveillance.

Two of Bassier’s co-defendants have also pleaded guilty: Tanisha Minor, 27, of Stone Mountain, Georgia, pleaded guilty to third-degree criminal sale of a firearm and fourth-degree conspiracy and was sentenced to two years in prison; Anthony Jackson, 30, of Kingsborough 4th Walk, in Crown Heights, Brooklyn, pleaded guilty to fourth-degree conspiracy and was sentenced to one year in jail. Charges are still pending against Willie Ware, 27, of East 96th Street, in Canarsie, Brooklyn; Jonathan Destin, 27, of Snyder Avenue, in Prospect Lefferts Gardens, Brooklyn; Lance Millien, 28, of Norcross, Georgia; Nicole Taylor, 25, of Monroeville, Pennsylvania; and Terrah Moore, 23, of Pittsburgh, Pennsylvania. The defendants were variously charged in a 541-count indictment with fourth-degree conspiracy; first-, second- and third-degree criminal sale of a firearm; first-degree criminal possession of a weapon and other related charges.

The indictment was the result of a long-term investigation conducted by the New York City Police Department’s Firearms Investigations Unit and the Brooklyn District Attorney’s Office. Between September 2014 and September 2015 the defendants allegedly conspired to sell guns purchased in Georgia and Pennsylvania, which were bought by an NYPD undercover detective in Brooklyn. The investigation included the use of intercepted electronic communications as well as physical and video surveillance. The weapons recovered during the course of the investigation include 9mm Ruger and Glock pistols, .22 caliber Walther pistols, .40 caliber Smith & Wesson pistols, .45 caliber Taurus pistols, and a variety of assault weapons including multiple .22 long rifle caliber semi-automatic Walther Model MP Uzis, .39 mm caliber semi-automatic Norinco Model SKS, 9mm Luger semi-automatic Jimenez Arms Model JA25 and others.

During the course of the investigation Bassier made 12 trips to Atlanta, Georgia, using Chinatown buses for transportation, including the Bus2NYC and other Chinatown bus lines. He brought up to six guns to New York from Atlanta on each trip, which were later brought to Brooklyn and sold to the undercover.

Furthermore, Bassier made at least six trips by automobile to Pittsburgh to purchase guns which were later brought to Brooklyn and sold to the undercover.

According to the investigation, Bassier allegedly enlisted several individuals, referred to as “straw purchasers,” in the Atlanta, Georgia area to purchase firearms on his behalf from gun stores, pawn shops and street dealers. Specifically, it is alleged that Jonathan Destin of Brooklyn introduced Bassier to the Atlanta, Georgia area. Destin, Lance Millien and Tanisha Minor, both of Georgia, acted as Bassier’s primary accomplices there. Minor, Millien and Destin are alleged to have purchased firearms and to have recruited other women to purchase firearms for Bassier.

It is further alleged, that, in the Pittsburgh, Pennsylvania area, Bassier relied on Nicole Taylor and Terrah Moore, both of Pennsylvania, to purchase firearms from gun stores, pawn shops, websites and street dealers, as well as to recruit other buyers.

Furthermore, according to the investigation, once he returned to Brooklyn with the guns, Bassier arranged to sell them to the undercover. Almost all of the sales took place at a Walgreens parking lot located at Rockaway Parkway and Avenue M in Canarsie, Brooklyn. Bassier paid between $150 and $300 per gun, and paid the straw purchasers a fee of $50 per gun. The undercover paid on average between $800 and $1,200 per gun, although the assault weapons purchased by the undercover cost approximately $2,000 to $2,500. The undercover spent a total of $130,050 on the firearms purchased during the course of the investigation.

Finally, it is alleged, Bassier was aided in Brooklyn by Willie Ware, who personally sold firearms to the undercover on two occasions and by Anthony Jackson, who worked as a lookout for Bassier during firearms transactions.

The investigation was conducted by New York City Police Department Detective Charles Lennon and Detective Scott Martin of the NYPD’s Firearm’s Investigations Unit, under the supervision of Sergeant Donald Morgan, Lieutenant Michael Jennings, Captain Robert Van Houten, and Deputy Inspector Brian Gill and the overall supervision of Chief Thomas Purtell.

The District Attorney thanked the U.S. Attorney’s Office for the Western District of Pennsylvania and the Bureau of Alcohol, Tobacco and Firearms for their assistance in this matter.

The case is being prosecuted by Assistant District Attorneys Ashlyn Miranda and Kathleen Murphy, of the District Attorney’s Violent Criminal Enterprises Bureau, under the supervision of Assistant District Attorney Tara Lenich, Deputy Chief for Special Investigations and Assistant District Attorney Nicole Chavis, VCE Bureau Chief and the overall supervision of Executive Assistant District Attorney William E. Schaeffer, Chief of Investigations and Assistant District Attorney Patricia McNeill, Deputy Chief.

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FOR IMMEDIATE RELEASE
Wednesday, September 14, 2016

 

Sex Offender Sentenced to 13 Years in Prison
For Trying to Sexually Assault a Woman in Fort Greene

Defendant Followed Victim through Streets, Forced His Way into Apartment

Brooklyn District Attorney Ken Thompson today announced that a registered sex offender who tried to sexually assault a woman in Fort Greene by forcing his way into an apartment only to be scared away by her boyfriend has been sentenced to 13 years in prison following his conviction last month.

District Attorney Thompson said, “This defendant, who was already a registered sex offender at the time of this crime, clearly needs to be locked up because he is a danger to society.”

The District Attorney identified the defendant as James Aroer, 40, of Fort Greene, Brooklyn. The defendant was sentenced today by Brooklyn Supreme Court Justice Cassandra Mullen to 13 years in prison followed by 20 years’ post-release supervision. He was convicted of second-degree burglary as a sexually motivated felony and first-degree sexual abuse on August 22, 2016 following a jury trial.

The District Attorney said that, according to trial testimony, on July 16, 2015, at approximately 9 p.m., the victim went to a store on Myrtle Avenue and saw the defendant sitting on a bench. When she came out, the defendant was gone. As she walked from the store to her boyfriend’s home, she noticed the defendant following her. He tapped her on the shoulder and made a sexually crude comment to her. He continued to follow her, and as she opened the door to her boyfriend’s apartment, touched her buttocks and made another crude remark.

According to trial testimony, the defendant pushed his way into the apartment. The victim screamed for her boyfriend and when he replied, the defendant ran away. On July 20, 2015, the victim returned to the neighborhood and saw the defendant sitting on a bench on Myrtle Avenue. She called 911 and the police arrived and arrested the defendant.

At the time of the incident, the defendant was a registered sex offender following a 1998 conviction in Massachusetts for assault with intent to rape.

The case was prosecuted by Assistant District Attorney Gwen Barnes and Senior Assistant District Attorney Deborah Cohen, of the District Attorney’s Special Victims Bureau, under the supervision of Miss Gregory, Chief.

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FOR IMMEDIATE RELEASE
Wednesday, September 14, 2016

 

Fourth Alleged Gunmen Indicted for the Murder of
Carey Gabay during J’ouvert Celebration

Engaged in Gun Battle between Warring Gangs in Middle of Crowded Street;
Three Other Alleged Shooters Previously Indicted

Brooklyn District Attorney Ken Thompson today announced that a fourth man has been charged with the murder of Carey Gabay outside the Ebbets Field Houses in Crown Heights, Brooklyn, on Labor Day 2015. Like the other defendants, who allegedly engaged in mutual combat during the early morning shootout, the latest defendant is being held equally responsible and was also indicted for murder.

District Attorney Thompson said, “As I have said before, we are determined to get justice for Carey Gabay and his family and to hold accountable everyone who was involved in the shootout that took his life by creating a killing field in the middle of a crowd. This indictment is another step in fulfilling this promise and we will continue to pursue this case until everyone involved in this senseless death is brought to justice.”

The District Attorney identified the defendant as Kenny Bazile, 30, of Canarsie, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Vincent Del Giudice on an indictment in which he is charged with second-degree murder, second-degree criminal possession of a weapon and first-degree reckless endangerment. He was ordered held without bail. The defendant faces a maximum sentence of 25 years to life in prison if convicted of the top count with which he is charged.

In June, Micah Alleyne, 24, of Jamaica, Queens; Tyshawn Crawford, 21, of East New York, Brooklyn; and Keith Luncheon, 24, of Crown Heights, Brooklyn have been indicted of similar charges for their alleged role in the shooting. Stanley Elianor, 25, of Brownsville, Brooklyn was arraigned in October 2015 on an indictment that charges him with criminal possession of a weapon for allegedly having a loaded Mac-10 machine gun at the scene.

The District Attorney said that, according to the investigation, the incident took place during the early morning hours of September 7, 2015 in front of 1680 Bedford Avenue, which is part of the Ebbets Field Houses in Crown Heights. At the time prior to the shooting, the patio and street in front of the building were filled with hundreds of people, many of whom were celebrating J’ouvert, a traditional predawn festival that precedes the annual West Indian American Day Parade.

The building’s large patio was known to be controlled by the Folk Nation street gang, which has been engaged in a years-long war with the 8-Trey faction of the Crips gang, among others. Due to heightened tensions and despite the annual celebration, there were numerous armed gang members in the area that morning and they had the intention of shooting at rivals on sight, the investigation found.

At about 3:40 a.m., a group of 8-Trey members walked up from Montgomery Street, apparently heading toward the J’ouvert procession on Empire Boulevard, about two blocks to the south. Their presence in “enemy territory” sparked a gun battle between Folk Nation members and their affiliates, who were shooting from the street and the patio, and the 8-Trey members who fired from the street before fleeing north. An estimated two to three dozen shots were fired in two consecutive volleys from at least eight firearms, according to the investigation.

At the same time, Carey Gabay, 43, a first deputy counsel for the Empire State Development Corporation and a former assistant counsel to New York Governor Andrew Cuomo, was walking north on Bedford Avenue with his brother and a couple of friends after attending the J’ouvert procession. They happened upon the front of the patio just as the firefight broke out. The group ran to a parking lot located between the patio and the street and ducked near parked cars. A bullet struck Mr. Gabay in the head and he was taken to Kings County Hospital Center, where he died a week later on September 15, 2015.

Bazile, an alleged member of Folk Nation, was identified in a surveillance video shooting from the patio and then running back into the building from the patio ledge, holding a gun. A 9-mm handgun that was recovered after an unrelated shooting on October 2015 matches shell casings that were recovered from the area where the defendant was seen shooting. Bazile was apprehended on September 1, 2016 in Palm Desert, California.

As the three other co-defendants, he has been indicted for depraved indifference murder under the theory of mutual combat, meaning that the alleged gunmen all entered into a de-facto agreement to engage in a gun battle. Under this theory, all are equally responsible for the murder, regardless of who fired the bullet that struck Mr. Gabay, and a claim of self-defense does not apply.

The case is being investigated by New York City Police Department Detective Lorraine Winters of Brooklyn South Homicide Squad, Detective Sambath Ouk and Detective Raymond Weng of the 71st Precinct and Detective Michael Gaynor of the 70th Precinct, under the supervision of Lieutenant Chris Marrow, 71st Precinct Squad Commander, Captain Nicholas Fiore of Brooklyn South Detectives, Deputy Chief Vincent DiDonato, Assistant Chief Patrick Conry and the overall supervision of Chief of Detectives Robert Boyce.

The case is being prosecuted by Senior Assistant District Attorneys Emily Dean and Olatokunbo Olaniyan of the District Attorney’s Homicide Bureau, under the supervision of Kenneth Taub, Chief, and Mark Feldman, Senior Executive Assistant District Attorney for Crime Strategies and Investigations.

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

FOR IMMEDIATE RELEASE
Wednesday, September 14, 2016

 

Three Defendants Indicted For Allegedly Stealing
$85,000 from Senior Citizen in “Chinese Blessing Scam”

Brooklyn District Attorney Ken Thompson today announced that two women and a man have been indicted for grand larceny for stealing $65,000 in cash and $20,000 in jewelry from a 62-year-old Chinese woman after convincing her there was a curse on her family that they could help to remove through an elaborate scam.

District Attorney Thompson said, “This so-called “blessing scam” is unfortunately common in Asian communities and its targets are usually elderly immigrant women. People should be aware of these con men and women trying to swindle them out of their hard-earned money. I urge those in the Chinese community to warn their vulnerable family members to avoid falling prey to such schemes.”

The District Attorney identified the defendants as Yan Chen, 46; Yacheng Chen, 50; and Yuqub Liang, 57. Liang was arraigned today before Brooklyn Supreme Court Justice Danny Chun on a five-count indictment in which she is charged with second-degree grand larceny, third-degree grand larceny, third-degree criminal possession of stolen property and two counts of fourth-degree criminal possession of stolen property. Bail was set at $500,000. Yan Chen was arraigned last month and ordered held on $250,000 bail. Yacheng Chen will be arraigned on September 28, 2016.

The District Attorney said that on July 29, 2016, in the vicinity of Avenue R and East 21st Street in Sheepshead Bay, defendants Yan Chen and Yuqub Liang allegedly approached the victim, a 62-year-old Chinese immigrant, several times and engaged her in conversation, gaining her trust. Defendant Yacheng Chen allegedly acted as a lookout. Yan Chen allegedly posed as a clairvoyant and convinced the victim that she or a member of her family would die because of a curse.

The defendants allegedly convinced the victim that in order to rid herself of the curse she needed to gather large sums of cash and jewelry, according to the investigation, and bring them to be blessed in order to remove the evil spirits surrounding her family. The victim went to her home, where she gathered $15,000 cash and the key to her safety deposit box. The victim then walked to her bank, where she withdrew an additional $50,000 and approximately $20,000 worth of jewelry from her safe deposit box.

The group then met up with defendant Yan Chen who, according to the investigation, instructed the victim to place the cash and jewels into a bag for Chen to perform a “blessing” to remove the curse. The defendants then allegedly stole the cash and jewels, and placed the bag on the victim’s shoulder and told her not to open it for at least several days in order to break the curse. The victim opened the bag that evening and found bottles of water. All of her valuables were missing. She then contacted the police.

The case was investigated by New York City Police Department Detective Dimitrij Prokopez and Sergeant Sean O’Hara, of the NYPD’s Grand Larceny Division, under the supervision of Sergeant Gregory Marotta, Lieutenant Robert Rattigan, Inspector John M. Denesopolis and Assistant Chief Brian McCarthy of the Criminal Enterprise Investigations.

The District Attorney thanked Assistant District Attorney Elizabeth Mo, of the Immigrant Affairs Unit, and Deputy Chief Gloria Garcia, of the Financial Frauds Bureau, both of the New York County District Attorney’s Office, for their assistance in the investigation.

The case is being prosecuted by Senior Assistant District Attorney Jose Interiano of the District Attorney’s Immigrant Fraud Unit, under the supervision of Assistant District Attorney Kin Ng, Unit Chief, and the overall supervision of Executive Assistant District Attorney William E. Schaeffer, Chief of the District Attorney’s Investigations Division and Assistant District Attorney Patricia McNeill, Deputy Chief.

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

FOR IMMEDIATE RELEASE
Monday, September 12, 2016

 

Man who Impersonated a Police Officer and Raped Woman in
Sunset Park Hotel Sentenced to up to 32 Years to Life in Prison

Showed a Fake Badge, Went with Victim to Hotel Room, Attacked Her and Took Her Belongings

Brooklyn District Attorney Ken Thompson today announced that a 39-year-old man from Ditmas Park, Brooklyn was sentenced to up to 32 years to life in prison for a violent attack in which he assaulted, raped and robbed a woman inside a hotel room after showing her a fake badge and claiming to be a police officer.

District Attorney Thompson said, “This serial sex offender is a clear and present danger to all women and must not be allowed to be out on our streets. Today’s just and lengthy prison sentence ensures that he will never be able to harm anyone else.”

The District Attorney identified the defendant as Jason Forgetta, 39, of Ditmas Park, Brooklyn. He was convicted on July 21, 2016 of three counts of predatory sexual assault, second-degree strangulation as a sexually motivated felony, third-degree robbery and first-degree criminal impersonation following a jury trial. He was sentenced today by Brooklyn Supreme Court Justice Matthew Sciarrino to 25 years to life in prison for the predatory sexual assault counts plus 3 ½ to 7 years in prison for the robbery count to run consecutively for a total sentence of up to 32 years to life in prison.

The District Attorney said that, according to evidence at trial, on July 30, 2014, at about 2:00 a.m., the victim was walking in the street outside 517 39th Street in Sunset Park, Brooklyn when the defendant stopped his car, presented a police badge and initiated a conversation. The 26-year-old victim, who was a sex worker, agreed to accompany the defendant to a room she had rented in the Sunny 39 Hotel that was in that location at the time.

Once inside the room, the defendant told the victim she was under arrest, shoved her against the wall, put a pillow over her head and repeatedly raped her, according to testimony. He then instructed her to take a shower to “wash all the DNA” off, stole her wallet, cell phone and undergarments and left.

The victim ran after him and was able to observe the license plate number of the vehicle the defendant was driving, leading to his arrest. A fake police badge was recovered from the vehicle. The defendant was deemed a level-3 sex offender following a prior rape conviction.

The case was prosecuted by Assistant District Attorneys Lisa Nugent and Lauren Branchini of the District Attorney’s Special Victims Bureau, under the supervision of Assistant District Attorney Miss Gregory, Chief.

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