About Ernest Johnson

FOR IMMEDIATE RELEASE
Thursday, July 14, 2016

 

Driver Indicted for Recklessly Killing Pedestrian in Fort Greene,
Injuring Two Others

Drove S.U.V. onto Busy Sidewalk;
Aware of and Failed to Correct Dangerous Car Condition

Brooklyn District Attorney Ken Thompson today announced that a Brownsville man has been indicted on manslaughter, criminally negligent homicide and related charges stemming from an early evening crash on Fulton Street in Fort Greene that left one female pedestrian dead and two others injured.

District Attorney Thompson said, “After an extensive investigation, Marlon Sewell has been indicted by a grand jury on manslaughter, criminally negligent homicide and related charges for causing the death of Victoria Nicodemus and physical injury to others. At trial, we will prove that the three victims were just walking on Fulton Street when the defendant, through his reckless actions, drove his car onto the sidewalk striking them all and killing Ms. Nicodemus.”

The District Attorney identified the defendant as Marlon Sewell, 39, of Brownsville, Brooklyn. He was arraigned this morning before Brooklyn Supreme Court Justice Elizabeth Foley on a 12-count indictment in which he is charged with second-degree manslaughter, criminally negligent homicide, second-degree assault, second-degree reckless endangerment, reckless driving, third-degree aggravated unlicensed operation of a vehicle, failure to yield right-of-way, driving on sidewalks, and four counts of third-degree assault. The defendant was released without bail and his license was suspended. If convicted of the top count, he faces up to 15 years in prison.

The District Attorney said that, according to the investigation, on December 6, 2015 at approximately 5:20 p.m., in the vicinity of Fulton Street and South Portland Avenue in Fort Greene, the defendant was behind the wheel of a 2004 Chevy Suburban when he drove onto the sidewalk on Fulton Street. The defendant struck three pedestrians, Ida Turner, 75, Gerald Toth, 37, and his partner Victoria Nicodemus, 30. Nicodemus was transported to The Brooklyn Hospital Center where she was subsequently pronounced dead. The medical examiner ruled the cause of death as multiple blunt traumas. Toth sustained injuries to his hand and ankle and Turner suffered injuries to both of her legs, requiring weeks of physical therapy. The incident was captured by video surveillance cameras.

According to the investigation, the defendant admitted to law enforcement that he was aware of a leak in his vehicle which caused harmful fumes to seep into the vehicle’s main cabin. Further, it is alleged, he failed to repair this dangerous condition which contributed to the fatal crash.

The case was investigated by New York City Police Officer Frank Passarella of the NYPD Collision Investigation Squad, a specialized unit that responds to serious or fatal motor vehicle collisions.

The case is being prosecuted by Assistant District Attorney David Pan of the District Attorney’s Trial Bureau V, Red Zone, and Cary Fischer, Deputy Bureau Chief, under the supervision of Assistant District Attorney Joseph Alexis, Bureau Chief, and Assistant District Attorney Craig Esswein, Deputy Bureau Chief of the District Attorney’s Vehicular Crimes Unit.

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

 

FOR IMMEDIATE RELEASE
Tuesday, July 12, 2016

 

Hospital Patient Sentenced to 17 Years to Life in Prison
For Fatally Beating another Patient

Victim Attacked in Shower, Defendant Convicted of Murder Following Jury Trial

Brooklyn District Attorney Ken Thompson today announced that a 23-year-old man who was in a psychiatric facility has been sentenced to 17 years to life in prison for attacking a fellow patient in the shower, beating him to death and strangling him with a towel.

District Attorney Thompson said, “This defendant brutally and senselessly attacked a fellow patient, killing him. With today’s sentence, justice has been served.”

The District Attorney identified the defendant as Spence Andrews, 23, of Bedford-Stuyvesant, in Brooklyn. He was convicted of one count of second-degree murder last month following a jury trial and sentenced today to 17 years to life in prison by Brooklyn Supreme Court Justice Miriam Cyrulnik.

The District Attorney said that, according to trial testimony, on March 19, 2013 at about 9 p.m., at St. John’s Interfaith Hospital, located at 1545 Atlantic Avenue, the defendant repeatedly struck Conrad Delimar, 47, about the face, while the victim was taking a shower. The defendant then climbed on top of Delimar while he was on the floor and continued to strike him about the head and face numerous times with closed fists. He then tied a towel around the victim’s neck.

A day earlier, the defendant’s grandmother called 911 after he returned home and was behaving erratically, according to trial testimony. He was then taken by ambulance to the hospital and admitted for psychiatric evaluation.

The next day a nurse observed him standing by a pay phone while soaking wet, as though he had just emerged from the shower. The defendant alleged that the victim groped him in the shower, according to trial testimony. A nurse went to investigate and found the victim in a pool of his own blood, unresponsive, on the bathroom floor. He had been severely beaten and had a towel tied around his neck.

The case was prosecuted by Assistant District Attorney Howard Jackson of the District Attorney’s Homicide Bureau and Assistant District Attorney Iris Das, of the District Attorney’s Violent Criminal Enterprise Bureau, under the supervision of Assistant District Attorney Kenneth Taub, Chief of the Homicide Bureau.

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FOR IMMEDIATE RELEASE
Monday, July 11, 2016

 

Brownsville Man Sentenced to 25 Years to Life in Prison
For Fatally Shooting 50-year-old Man

Fired Gun in Broad Daylight

Brooklyn District Attorney Ken Thompson today announced that a 24-year-old Brooklyn man was sentenced to 25 years to life in prison for shooting a 50-year-old man to death on a street where other young people were hanging out.

District Attorney Thompson said, “This young defendant chose to pull out a gun and shoot another man to death. He has been held accountable for this senseless act of gun violence and will now spend many years in prison.”

The District Attorney identified the defendant as Maradona Smith, 24, of Brownsville, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Vincent Del Giudice to the maximum term of 25 years to life in prison following his conviction on June 21, 2016 of second-degree murder after a jury trial.

The District Attorney said that, according to trial testimony, on October 6, 2013 at about 5:40 p.m., the defendant and a group of other young people were smoking and drinking in the vicinity of 1117 Saint Marks Avenue in Crown Heights, Brooklyn.

The defendant then shot and killed Emanuel Capers, 50, who was sitting inside a car, according to the evidence. A witness identified the defendant as the shooter and cell phone data confirmed that he was at the scene at the time of the shooting, the evidence showed.

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

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FOR IMMEDIATE RELEASE
Thursday, June 30, 2016

 

Hospital Patient Convicted of Fatally Beating another Patient

Victim Attacked in Shower, Died of Blunt Force Trauma, Strangulation

Brooklyn District Attorney Ken Thompson today announced that a 23-year-old man who was in a psychiatric facility has been convicted of murder for attacking a fellow patient in the shower, beating him to death and strangling him with a towel.

District Attorney Thompson said, “This defendant, who brutally beat and strangled to death a fellow patient, will now spend many years in prison for his sadistic acts.”

The District Attorney identified the defendant as Spence Andrews, 23, of Bedford-Stuyvesant, in Brooklyn. He was today convicted of one count of second-degree murder following a jury trial before Brooklyn Supreme Court Justice Miriam Cyrulnik. The defendant will be sentenced on July 12, 2016 at which time he faces a maximum sentence of 25 years to life in prison.

The District Attorney said that, according to trial testimony, on March 19, 2013 at about 9:00 p.m., at St. John’s Interfaith Hospital, located at 1545 Atlantic Avenue, the defendant repeatedly struck Conrad Delimar, 47, about the face, while the victim was taking a shower. The defendant then climbed on top of Delimar while he was on the floor and continued to strike him about the head and face numerous times with closed fists. He then tied a towel around the victim’s neck.

A day earlier, the defendant’s grandmother called 911 after he returned home and was behaving erratically, according to trial testimony. He was then taken by ambulance to the hospital and admitted for psychiatric evaluation.

The next day a nurse observed him standing by a pay phone while soaking wet, as though he had just emerged from the shower. The defendant alleged that the victim groped him in the shower, according to trial testimony. A nurse went to investigate and found the victim in a pool of his own blood, unresponsive, on the bathroom floor. He had been severely beaten and had a towel tied around his neck. The cause of death was blunt force trauma causing a fractured skull and strangulation.

The case was prosecuted by Assistant District Attorney Howard Jackson of the District Attorney’s Homicide Bureau and Assistant District Attorney Iris Das, of the District Attorney’s Violent Criminal Enterprise Bureau, under the supervision of Assistant District Attorney Kenneth Taub, Chief of the Homicide Bureau.

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FOR IMMEDIATE RELEASE
Thursday, June 30, 2016

 

Billion-Dollar Sports Gambling Ring Dismantled; Four Defendants from California and New York Charged with Enterprise Corruption

Operation Led by Self-Proclaimed Internet Gambling “Innovator” who owns more than 20 Houses;
Took in over $900 Million in Wagers on NFL Games during last Football Season Alone

Brooklyn District Attorney Ken Thompson today announced that four individuals have been variously charged in a 57-count indictment with running a massive Internet-based sports gambling ring that operated all over the United States and controlled an offshore office. The billion-dollar operation allegedly catered to thousands of bettors, accepted $927 million in wagers on NFL games during the 2015 season alone and disbursed up to $200,000 per month to maintain its “wireroom” in San Jose, Costa Rica. The alleged California-based ringleader had boasted about innovating online gambling and used a variety of methods to launder millions of dollars.

District Attorney Thompson said, “Illegal gambling is not a victimless crime – it preys on peoples’ vulnerabilities and directly leads to money laundering, loansharking and a host of other crimes. The principals of this huge gambling operation – possibly the biggest one ever to be dismantled by a local prosecutor’s office – allegedly moved millions of dollars around the United States and the world and used various tactics to launder these proceeds. My Office’s diligent and long-term investigation has now put an end to this criminal enterprise and we intend to see that these defendants face justice here in Brooklyn.”

The District Attorney identified the defendants as Gordon Mitchnick, 58, of 25137 Grandview Drive in Crestline, California; Joseph Schneider, 39, of 1024 Mildred Street in La Verne, California; Arthur Rossi, 66, of 54 West 74th Street in Manhattan, NY; and Claude Ferguson, 43, of 23750 Skyland Drive in Crestline, California. Mitchnick, Schneider and Ferguson were arraigned yesterday before Brooklyn Supreme Court Justice Alan Marrus, who set bail at $2 million, $500,000 and $50,000 respectively. Rossi was arraigned last week before Brooklyn Supreme Court Justice Danny Chun, who set bail at $50,000.

The defendants are variously charged in a 57-count indictment with enterprise corruption, first-degree promoting gambling, second-degree possession of gambling records and fifth-degree conspiracy. They face up to 25 years in prison if convicted of the top count with which they are charged.

Additional arrests are expected as part of the investigation.

The District Attorney said that, according to the indictment, between April 10, 2015 and June 9, 2016, the defendants were part of an illegal enterprise headed by Mitchnick, who controlled a series of Internet sports gambling sites, including www.wagerabc.com, www.thewagerspot.com and www.hustler247.ag, all of which required password-protected access. According to the evidence, Mitchnick bragged about being one of the first bookmakers to use the “pay per head” system of online-based gambling that largely replaced payments by percentage of profits and also indicated that he was running an illegal operation.

It is alleged that his enterprise accepted wagers from thousands of bettors on various professional and collegiate sporting events, including football, basketball, baseball, hockey and soccer. During the NFL season, which is the peak gambling period, the operation took in some $927,000,000 in wagers on NFL games played during the 2015 season, the investigation revealed. Bets were placed directly over the Internet or by calling various toll-free numbers associated with the above-mentioned websites.

Mitchnick allegedly employed a staff in San Jose, Costa Rica to run the operation’s main office, or “wireroom,” and communicated with them regularly through e-mail, text messages and WhatsApp. The enterprise offered a variety of services to Master Agents and Agents and accommodated a variety of service and fee arrangements, depending on need and customer base. The largest clients were offered a flat rate, mid-size and smaller clients were offered a “pay per head” fee that was charged per active betting account per week, and selected clients paid a percentage of profits derived from their betting customers.

The operation required a large and steady cash flow to maintain operating expenses, such as rent, salaries, travel, hardware and software development. During peak betting season, these expenses came out to about $200,000 per month, according to the indictment. The enterprise used a variety of methods to allegedly launder its payments and proceeds, including transporting, transmitting and transferring of cash, electronic wire transfers and other financial transactions. For instance, the investigation found that Mitchnick had purchased over 20 houses as a means to launder gambling proceeds. To maximize profits, the enterprise relied on economy of scale and consistently solicited new clients of all sizes through word of mouth and the Internet website www.allourwebsites.com, which showcases sports gambling pages.

Schneider allegedly consolidated his own independent operation with Mitchnick’s enterprise in April 2015 and subsequently paid a monthly fee to use its websites, including www.thewagerspot.com. During peak betting season, the fee was approximately $30,000 per month. Schneider managed and controlled numerous Master Agents and Agents, each with his own set of clients, who paid him on a “per head” basis. Rossi was allegedly another Master Agent who used the websites maintained on Mitchnick’s servers and controlled a series of Agents. Both of these defendants participated in laundering payments and proceeds, according to the indictment.

Ferguson was allegedly a “runner” who collected money from, held money for and distributed money among the participants of the illegal enterprise. He also participated in money laundering. On at least one occasion, he traveled between U.S. airports with a suitcase filled with over $50,000 in cash, according to the investigation.

Among other places, the Mitchnick-led enterprise operated in Brooklyn, giving the Brooklyn District Attorney’s Office jurisdiction for a criminal prosecution.

District Attorney Thompson thanked the following agencies for their assistance in the investigation: the Los Angeles County Sheriff’s Department, the Los Angeles County District Attorney’s Office, the Nevada Gaming Control Board – Enforcement Division – Special Investigations and Intelligence Unit, the Kings County District Attorney Squad of the New York City Police Department, the New York State Troopers, Office of the Monmouth County Prosecutor in New Jersey, the U.S. Postal Inspector and the U.S. Department of Homeland Security.

The case was investigated by Detective Investigator John Mullen, case officer, with the assistance of Detective Investigators Brad Miller, Frank Garguilo, John Beale, Loretta Rolon, and other Detective Investigators from the District Attorney’s Special Investigations Unit, under Supervising Detective Investigator Michael Seminara, Supervising Detective Investigator Thomas Farley and Deputy Chief Edwin Murphy, and the overall supervision of Interim Chief Investigator Joseph Piraino.

Senior Assistant District Attorney John Genovese of the District Attorney’s Asset Forfeiture and Crimes Against Revenue Bureau, Gregory Mitchel, Bureau Chief, Supervising Financial Investigator Susan Ryan and Financial Investigators Juel Fenty and Veronica Beltran, also of the Asset Forfeiture and Crimes Against Revenue Bureau, assisted in tracing assets.

The case is being prosecuted by Assistant District Attorney Robert Basso, Senior Assistant District Attorney Nicholas Batsidis and Assistant District Attorney Theresa Robitaille of the District Attorney’s Organized Crime and Racketeering Bureau, under the supervision of Assistant District Attorney Christopher Blank, Bureau Chief, and the overall supervision of Executive Assistant District Attorney William E. Schaeffer, Chief of the District Attorney’s Investigations Division and Assistant District Attorney Patricia McNeill, Deputy Chief.

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

 

FOR IMMEDIATE RELEASE
Wednesday, June 29, 2016

 

Self-Proclaimed “Pastor” and Car Wholesaler Indicted For Stealing
More Than $66,000 from Seven Clients in Scam

Claimed to Win Cars at Auction, Took Clients’ Cash but Never Delivered Cars

Brooklyn District Attorney Ken Thompson today announced that a former Canarsie man has been indicted for stealing more than $66,000 from seven Brooklyn clients in a used-car scam — showing clients used cars at auction, telling them he had purchased the cars but never delivering them or fully refunding the money.

District Attorney Thompson said, “This defendant allegedly advertised his services to attract clients and then betrayed and stole from people who trusted him. I would caution anyone planning to purchase a car or other large items to be wary of potential scams and use a proven, reputable source whenever possible.”

The District Attorney identified the defendant as Daniel Efosa, 60, formerly of Canarsie. He was arraigned today before Brooklyn Supreme Court Justice Michael Brennan on an indictment in which he is charged with one count of first-degree scheme to defraud and seven counts of third-degree grand larceny. The defendant was ordered held on bail of $10,000 bond or cash, ordered to surrender his passport and to return to court on August 24, 2016.

The District Attorney said that, according to the indictment, from March 18, 2012 to February 19, 2014, the defendant, a used-car wholesaler and self-proclaimed “pastor,” stole money from seven people who believed that he was purchasing used cars for them at out-of-state auctions. The defendant allegedly attracted his clients in Brooklyn, through the use of billboards and business cards, and then drove clients from their homes to used car auctions, mostly in New Jersey and Pennsylvania. Once there, the defendant allegedly had his clients choose a car for purchase, which he then purportedly bid on, and won.

According to the indictment, the defendant’s clients paid him in cash after the purported purchase because he told them that the auction only accepted payment from dealers. The clients left the auction with the understanding that the car would be delivered to Brooklyn at a later date after passing inspection. Although the defendant gave his clients receipts for their cash payments to him, in instances when clients asked the defendant for proof of sale, he allegedly hurriedly showed them papers, which he claimed he had to keep for delivery of the vehicle. According to the indictment, none of the clients examined the paperwork.

After the auctions, when the clients called the defendant inquiring about the delivery of their cars, he allegedly provided various excuses to explain the delay in delivery, including weather delays and problems discovered during inspection. According to the indictment, none of the vehicles were ever delivered and none of the clients received full refunds.

The case was investigated by Detective Investigator Kolawole Olosunde, of the Brooklyn District Attorney’s Investigations Bureau, and New York City Police Department Detective Patrick Dooley, of the Brooklyn South Warrants Squad.

The case is being prosecuted by Assistant District Attorney Pamela Murray of the District Attorney’s Frauds Bureau, under the supervision of Assistant District Attorney Felice Sontupe, 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.