About Ernest Johnson

FOR IMMEDIATE RELEASE
Wednesday, June 29, 2016

 

Three 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;
Victim Happened Upon Shootout and was Fatally Struck in the Head;
Fourth Defendant Previously Indicted for Possessing Machine Gun at the Scene

Brooklyn District Attorney Ken Thompson, together with New York City Police Commissioner William J. Bratton, today announced that three men have been charged with the murder of Carey Gabay outside the Ebbets Field Houses in Crown Heights, Brooklyn, on Labor Day last year. Because each of the defendants allegedly engaged in mutual combat during the early morning shootout, they are all being held equally responsible and all have been indicted for murder. A fourth suspected gang member was previously indicted for possessing a machine gun at the scene.

District Attorney Thompson said, “These defendants are charged with creating a killing field in a crowd of innocent people, showing depraved indifference to human life and causing the death of Carey Gabay, who used his Harvard education and commitment to public service to improve the lives of others. This indictment shows the importance of our efforts to put an end to gang-related gun violence that places innocent lives in the crossfire. We are determined to get justice for Carey and his family and to hold accountable everyone who was involved in the shootout that took his life.”

Commissioner Bratton said, “Today, this Brooklyn homicide squad should be commended. They began with nothing and built this case despite extraordinary obstacles, reconstructing a chaotic scene to determine—with amazing specificity—what happened that early September morning. We will continue pursuing those who carried out this murder and finding common ground with the community to make J’ouvert safer in years ahead.”

Governor Andrew M. Cuomo said, “Carey Gabay was a dedicated public servant whose life was cut short due to reckless gun violence – tragedy that plagues too many of our communities. With Carey’s help, New York passed the nation’s toughest gun safety law, but his murder underscores the fact that our federal gun laws are woefully inadequate. While we took a great step forward with our historic legislation, without action from Congress, known criminals will continue to buy guns in other states today and sell them on the black market in New York tomorrow. I am grateful to the law enforcement officials for their relentless work investigating this case and feel strongly that the perpetrators of this heinous act should be prosecuted to the fullest extent of the law. Today’s indictments are an important milestone in the quest for justice, and I hope that they bring solace to Carey’s family and loved ones.”

The District Attorney identified the defendants as Micah Alleyne, 24, of Jamaica, Queens; Tyshawn Crawford, 21, of East New York, Brooklyn; and Keith Luncheon, 24, of Crown Heights, Brooklyn. They have been variously charged in a 16-count indictment with second-degree murder, second-degree criminal possession of a weapon and first-degree reckless endangerment. Each faces a maximum sentence of 25 years to life in prison if convicted on the top count with which they are charged. Stanley Elianor, 25, of Brownsville, Brooklyn was arraigned in October 2015 on an indictment that charges him with second-, third- and fourth-degree criminal possession of a weapon. He faces up to 15 years in prison if convicted of the top count.

Alleyne, Crawford and Luncheon will be arraigned today before Brooklyn Supreme Court Justice Vincent Del Giudice in the Ceremonial Courtroom on the 2nd Floor of 320 Jay Street at 2:15 p.m. Elianor was previously arraigned and the case against him is pending.

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.

Alleyne, an alleged member of Folk Nation, was identified in a surveillance video running back into the building from the patio ledge, holding a gun. He was taken into custody on May 26, 2016 and subsequently made statements to detectives, admitting he was present on the patio and fired his gun that morning, according to the criminal complaint. Crawford, an alleged member of Hoodstarz, a gang affiliated with Folk Nation, was seen in video surveillance from the street in front of the building pulling out a gun. That firearm was recovered following a traffic stop of a livery cab on November 2015 and matched three shell casings that were found in the area where the defendant was captured on camera. Luncheon, an alleged 8-Trey member, was witnessed firing a weapon during the incident, according to the investigation, and has made statements regarding his presence at the scene with a loaded gun.

All three defendants have been indicted for depraved indifference murder under the theory of mutual combat, meaning that they 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.

In addition, a loaded Mac-10 machine gun that was recovered after the shooting from a metal grate in the patio matched Elianor’s DNA, according to the investigation. The defendant, an alleged member of Folk Nation, was arrested on September 18, 2015 and subsequently made statements, admitting that he was present at the scene, ran from the street to the patio and then ran across the patio into 1700 Bedford Avenue, according to the criminal complaint.

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. Elianor’s case is being prosecuted by Assistant District Attorney Nicole Itkin, of the District Attorney’s Trial Bureau, Green Zone, under the supervision of David Klestzick, Bureau Chief.

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

 

FOR IMMEDIATE RELEASE
Tuesday, June 28, 2016

 

East New York Man Sentenced to 25 Years to Life in Prison
For Murder on Street Corner

Shot Victim in Head as He Lay Bleeding, High-Speed Police Chase Ensued

Brooklyn District Attorney Ken Thompson yesterday announced that an East New York man was sentenced to 25 years to life in prison for his murder conviction. The defendant shot a man multiple times on an East New York street corner, killing him, then led police officers on a high-speed car chase before being apprehended.

District Attorney Thompson said, “This defendant shot a man in a barbaric fashion who tried to run for his life. He’s been held accountable and will now spend decades in prison for his deplorable act of violence.”

The District Attorney identified the defendant as Ralston Avery, 37, of East New York, Brooklyn. He was sentenced yesterday by Brooklyn Supreme Court Justice William Harrington to 25 years to life in prison following his conviction on May 27, 2016 on charges of second-degree murder and second-degree criminal possession of a weapon after a jury trial.

The District Attorney said that, according to trial testimony, on October 22, 2012, at approximately 10:25 p.m., the victim, Dwayne Welch, 38, of Valley Stream, NY, was sitting in his car, parked at the intersection of Hemlock Street and Dumont Avenue in East New York. The defendant got out of a Cadillac Escalade SUV and began firing at the victim, who left his vehicle and attempted to flee on foot. The defendant chased the victim, catching up to him at the corner of Blake Avenue and Hemlock Street, where the defendant fired an additional 14 times at the victim, striking him repeatedly in the torso, before shooting him twice in the back of the head as he lay bleeding on the ground.

According to trial testimony, two New York City Police Department officers approached the intersection on patrol and observed two individuals run from the sidewalk where the shots were fired into a double-parked SUV. The officers pursued the SUV on a high-speed chase, ending in front of the Pink Houses at 2628 Linden Boulevard. The defendant, who was in the passenger seat, and the driver, ran into the building. The officers pursued them, catching the defendant on a flight of stairs still holding an emptied handgun.

The driver of the SUV, Theodore Haynes, 33, of Sheepshead Bay, was later caught inside the building and pleaded guilty to second-degree criminal possession of a weapon. He is awaiting sentencing.

The case was prosecuted by Assistant District Attorney Howard L. Jackson, of the District Attorney’s Homicide Bureau, and Assistant District Attorney Leigh-Ann Perez, of the District Attorney’s Trial Zone Red, under the supervision of Assistant District Attorney Kenneth Taub, Homicide Bureau Chief.

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FOR IMMEDIATE RELEASE
Thursday, June 23, 2016

 

Bronx Man Sentenced to Four Years in Prison for Slashing MTA Driver

Cut Victim in Face and Neck during Unprovoked Attack in Brownsville Street

Brooklyn District Attorney Ken Thompson today announced that a 30-year-old man was sentenced to four years in prison for attacking a uniformed MTA bus driver without any provocation, slashing him in the face and neck.

District Attorney Thompson said, “This defendant’s vicious and unprovoked attack against a hard-working public servant who was simply waiting for his bus to be towed is completely unacceptable. He deserves to be sent to prison to protect the public.”

The District Attorney identified the defendant as Alfredo Perez, 30, of 1363 Franklin Avenue in the Bronx. He was sentenced today by Brooklyn Supreme Court Justice Michael Gary to four years in prison following his conviction on April 21, 2016 of second-degree assault and fourth-degree criminal possession of a weapon after a bench trial.

The District Attorney said that, according to evidence at trial, on September 13, 2014 at about 10:50 p.m., John Browne, a bus driver for the Metropolitan Transit Authority, was outside his bus near the corner of Mother Gaston Boulevard and Hegeman Avenue in Brownsville, Brooklyn. He parked the B35 bus at the last stop of its route and was waiting for assistance after a hazard light had indicated a mechanical problem.

Mr. Browne, who was in uniform, was returning to the bus after making a purchase at a bodega, when he heard the defendant, whom he had never seen before, cursing him from the opposite street corner. The defendant then crossed the street, quickly approached the victim, continued to scream and curse, took out a knife and slashed Mr. Browne on the left side of his face and neck, according to testimony.

The victim was taken to Brookdale Hospital, where he received six stiches. He continues to suffer pain and has a visible scar across the side of his face, the evidence showed.

The defendant immediately fled the scene and was apprehended four days later.

The case was prosecuted by Assistant District Attorneys Farin Chasin-Fodeman and Nicholas Ford of the District Attorney’s Trial Bureau V, Orange Zone, under the supervision of Assistant District Attorney Janet Gleeson, Orange Zone Chief.

 

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FOR IMMEDIATE RELEASE
Thursday, June 23, 2016

 

East New York Man Sentenced to 20 Years in Prison
For Fatally Stabbing Rival

Victim and Defendant Both Dated the Same Woman

Brooklyn District Attorney Ken Thompson today announced that a 23-year-old man was sentenced to 20 years in prison following his manslaughter conviction for stabbing to death a 22-year-old man during an altercation stemming from the allegation that they were both dating the same woman. The defendant and the woman fled to Mexico after the stabbing.

District Attorney Thompson said, “A completely avoidable fight led to a tragic loss of life when this defendant chose to stab another man. He made a very poor choice and will now pay for it by spending years in prison.”

The District Attorney identified the defendant as Christian Morales, 23, of East New York, Brooklyn. He was sentenced today to 20 years in prison by Brooklyn Supreme Court Justice Neil Firetog following his conviction on June 2, 2016 of first-degree manslaughter after a jury trial.

The District Attorney said that, according to trial testimony, on June 18, 2014 at about 4 p.m., the victim, Carlos Santos, and two friends were on Liberty Avenue in East New York when Santos confronted the defendant, wanting to fight him; the defendant took out a knife and swung at Santos, hitting him in the right eye and continued to swing the knife while Santos tried to protect his face, hitting him in the arms and hands. Santos ran away into a nearby store and the defendant ran in after him, stabbing him once in the right chest. Santos’ friends were able to get the defendant off of him and the defendant and his girlfriend walked away. Santos was taken to the hospital, where he later died.

The defendant and his girlfriend fled to Mexico. He was arrested in Mexico and extradited following an investigation.

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

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FOR IMMEDIATE RELEASE
Thursday, June 23, 2016

 

Driver Sentenced up to 7 Years in Prison for Recklessly
Killing Pedestrian during High-Speed Police Chase

Caused Two-Car Wreck, Three Passengers Injured

Brooklyn District Attorney Ken Thompson today announced that a Crown Heights man has been sentenced to 2 1/3 to seven years in prison for the death a pedestrian who was killed when the defendant led police officers on a high-speed chase through a residential neighborhood.

District Attorney Thompson said, “Instead of pulling over his car, this defendant foolishly decided to flee law enforcement and recklessly speed through red lights, which led to the death of an innocent young man. This tragedy was completely avoidable and the defendant will now spend years in prison, where, undoubtedly, he will think about that fact.”

The District Attorney identified the defendant as Raymond Ramos, 19, of Crown Heights, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Martin Murphy to an indeterminate term of 2 1/3 to seven years in prison following his guilty plea on May 31, 2016 to second-degree manslaughter.

The District Attorney said that, according to the evidence, at approximately 11:55 p.m., on March 8, 2015, in the vicinity of Sterling Avenue and Schenectady Avenue in Crown Heights, the defendant was behind the wheel of a 2014 Volkswagen with the windows down. New York City Police Department Officers passing in an unmarked police vehicle noticed an odor of marijuana, activated their sirens and attempted to stop the defendant’s vehicle. The defendant refused to stop and instead accelerated and fled from the officers.

The defendant continued driving at an excessive rate of speed and ran through two steady red lights before striking another vehicle—a 2012 Nissan Rouge— at the intersection of Nostrand Avenue and Saint Johns Place. The impact of the crash caused the defendant to hit a pedestrian, 21-year-old Dave Jones, before striking a nearby bus shelter and a telephone pole, according to the investigation.

The victim was pronounced dead on March 9, 2015 at Kings County Hospital. He died as a result of the injuries sustained in the car crash. There were two passengers in the defendant’s vehicle and one passenger in the Nissan Rouge. All three passengers suffered injuries.

The case was prosecuted by Assistant District Attorney Craig Essewin, Deputy Bureau Chief of the District Attorney’s Vehicular Crimes Unit, under the supervision of Assistant District Attorney Gayle Dampf, Bureau Chief.

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FOR IMMEDIATE RELEASE
Thursday, June 23, 2016

 

Police Officer Sentenced to Two Years’ Probation
For Stomping on Suspect’s Head

Convicted of Assault; Incident Caught on Cell Phone Video

Brooklyn District Attorney Ken Thompson today announced that a New York City Police Officer was sentenced to two years’ probation and instructed to resign following his conviction of misdemeanor assault for stomping on the head of a suspect while he was face down on the ground, in the process of being handcuffed by other officers. 

District Attorney Thompson said, “This police officer intentionally and needlessly stomped on the head of a suspect who had already been restrained by fellow officers.  And he did so in broad daylight and in front of a crowd of people. He deserved to spend time in jail for committing such a blatant act of police brutality, but we accept the sentence imposed by the court.” 

The District Attorney identified the defendant as Joel Edouard, 38, of Elmont, NY, who was assigned to the 81^st precinct at the time of the incident. He was sentenced today by Brooklyn Supreme Court Justice Alan Marrus to two years’ probation with the condition that, if not terminated, he resigns from his job as a police officer within 24 hours. The defendant was convicted on April 29, 2016 of one count of third-degree assault, a misdemeanor, after a bench trial. The District Attorney’s Office recommended a sentence of 60 days in jail followed by two years’ probation. 

The District Attorney said that, according to trial testimony, on July 23, 2014, at about 7:30 p.m., in the vicinity of 223 Malcolm X Boulevard, in Bedford-Stuyvesant, Brooklyn, the defendant and his partner observed Jahmi-El Cuffee, 32, drinking on the sidewalk and possessing what appeared to be marijuana. Cuffee resisted arrest and tussled with the officers. Additional officers arrived on the scene to assist Officer Edouard and his partner. 

The District Attorney said that, according to the evidence, a witness to the incident captured a cell phone video which depicts Cuffee on the ground, face down and being subdued by several officers. Also depicted on the video is Officer Edouard briefly pointing his gun at Cuffee, walking away from the scene of the arrest and then walking back and stomping on Cuffee’s head as he lay on the ground. Cuffee’s head then hit the concrete, causing him to suffer a contusion and later dizziness, headaches and nausea. 

The case was investigated by Sergeant Amy Morin of the New York City Police Department’s Internal Affairs Bureau, under the supervision of Deputy Commissioner of Internal Affairs Joseph Reznick. 

The case was prosecuted by Assistant District Attorney Marc Fliedner, Chief of the District Attorney’s Civil Rights Bureau and Assistant District Attorney India Sneed, also of the Civil Rights Bureau, under the overall supervision of Executive Assistant District Attorney William E. Schaeffer, Chief of the District Attorney’s Investigations Division.

 

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