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FOR IMMEDIATE RELEASE
Friday, April 15, 2022

 

Brooklyn District Attorney’s Office Accepting Applications
For Four-Week High School Internship Summer Program

Paid Internships Will Offer Insight into Criminal Justice System, Public Service and the Law

Brooklyn District Attorney Eric Gonzalez today announced the start of the application period for high school rising sophomores, juniors and seniors interested in participating in a four-week summer internship program. The in-person internship is open to students who live and/or attend high school in Brooklyn and are looking to learn about the different careers and roles available within the criminal justice system. This year’s summer internship will run from July 5 to July 29, 2022.

District Attorney Gonzalez said, “We are proud to offer this opportunity for high school students who are interested to learn more about the legal system and to gain hands-on experience in handling criminal cases. Our interns will learn about what it takes to build and prosecute a case, from investigatory steps to charging decisions to the court process, and will be exposed to many different career opportunities as they consider their future professional goals. The internship program will provide students with an understanding of how the criminal justice system operates and how my Office works to keep Brooklyn safe and improve fairness.”

Selected students will be assigned to one of the many specialized units within the DA’s Office, while also getting an overview of the criminal justice system. They can expect to assist with research and analysis; help prosecutors to prepare for trial; work on discovery; carry out file maintenance and organization of legal documents; participate in Trial Zone workshops; and observe criminal proceedings, including trials, guilty pleas and sentencings.

During the four-week internship, participants will receive a $150 weekly stipend and a MetroCard. Interested applicants must submit their most recent school transcript, a one-page resume, working papers issued by their school, and a 250-word typed personal essay (12 pt. font and double-spaced) on why they are interested in interning with the Brooklyn District Attorney’s Office and how the internship will impact their future career goals.

To apply, please visit: http://apply.brooklynda.org to upload transcript, essay and resume. All application materials must be received no later than Thursday, May 12, 2022. For questions or assistance please call (718) 250-3191 or (718) 250-4873 or email hsinternships@brooklynda.org.

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

 

FOR IMMEDIATE RELEASE
Thursday, April 14, 2022

 

Man Convicted for Killing Brooklyn Father
Over Stolen Baseball Cap in Flatbush

Defendant Fatally Shot the Victim in the Back After Confrontation

Brooklyn District Attorney Eric Gonzalez today announced that a Flatbush man has been convicted of first-degree manslaughter for fatally shooting a 38-year-old father after he retrieved a baseball cap that members of the defendant’s gang had robbed from his son days earlier.

District Attorney Gonzalez said, “This defendant took the life of an innocent father as he walked away, having retrieved his son’s stolen baseball cap. This cold-blooded killing left a family heartbroken, and today’s conviction ensures that the defendant will spend many years behind bars. My thoughts are with the victim’s loved ones as they continue to grieve this tremendous loss.”

The District Attorney identified the defendant as Adonis Barnett, 22, of Flatbush, Brooklyn. The defendant was convicted today of first-degree manslaughter following a jury trial before Brooklyn Supreme Court Justice Raymond Rodriguez. He faces up to 25 years in prison when he is sentenced on May 26, 2022.

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 shot the victim, Gerald Cummings, once in the back and once in the back of the head. The victim had approached the defendant, who was 16 at the time, and another teen who had robbed his son’s ‘Don C’ Oakland Raiders leather and snakeskin baseball cap, on July 29, 2016. The cap was valued at several hundred dollars.

On the night of the shooting, witnesses saw the defendant with an individual who was wearing the distinct stolen cap prompting the victim’s 17-year-old son to call his father for assistance. When the victim arrived and got his son’s hat back, the defendant brandished a gun and fired three times at the victim as the victim was walking away, striking him twice, the evidence showed.

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

A previous trial ended with a conviction of second-degree criminal possession of a gun, and a hung jury on other charges.

Assistance with the prosecution of the case was provided by Jannette Ayala, paralegal supervisor of the District Attorney’s Homicide Bureau, and Sherleese Adams, paralegal of the Homicide Bureau. Detective Investigators also contributed assistance.

The case is being prosecuted by Senior Assistant District Attorney Daphney Gachette, of the District Attorney’s Homicide Bureau, and Assistant District Attorney Chow Yun Xie, Deputy Bureau Chief, with guidance from Assistant District Attorney Howard Jackson, First Deputy Bureau Chief, under the supervision of Assistant District Attorney Leila Rosini, Bureau Chief.

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

 

FOR IMMEDIATE RELEASE
Wednesday, March 30, 2022

 

Parolee Arraigned for Murdering and Dismembering Brooklyn Woman

Torso and Leg were Discovered in Street Inside Plastic Bags,
Additional Body Parts Discovered in Defendant’s Apartment

Brooklyn District Attorney Eric Gonzalez today announced that an 83-year-old parolee has been arraigned on first-degree murder and other charges in connection with the death of a Brooklyn woman whose body parts were discovered inside and in the vicinity of the defendant’s East New York apartment.

District Attorney Gonzalez said, “This shocking and horrific murder ended the life and desecrated the remains of a beloved member of the Brooklyn community, and her family and many friends continue to be in my prayers. Few crimes in my long career as a prosecutor rise to this level of extreme depravity, and we will vigorously pursue justice on Ms. Leyden’s behalf.”

The District Attorney identified the defendant as Harvey Marcelin, 83. She was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which she is charged with first- and second-degree murder, tampering with physical evidence and concealment of a human corpse. The defendant was ordered held without bail and to return to court on May 19, 2022. She faces a maximum sentence of life in prison without the possibility of parole if convicted of the top count.

The District Attorney said that, according to the investigation, surveillance footage taken on February 27, 2022, allegedly showed the victim, 68-year-old Susan Leyden, entering the defendant’s apartment on Pennsylvania Avenue in East New York. She was never seen leaving the apartment alive. Additional surveillance footage showed the defendant allegedly rolling a wheeled shopping bag containing a black plastic bag on March 2. The victim’s torso was discovered in that bag in the early morning hours of March 3.

In a subsequent search of the defendant’s apartment, police discovered the victim’s head and limbs, as well as blood, cleaning supplies, a hammer, and a box of an electric saw. On March 7, one of the victim’s legs was found near a garbage can about three blocks away. In addition, surveillance video allegedly showed the defendant purchasing a saw and cleaning supplies in a Manhattan Home Depot around the time of the victim’s disappearance.

The Medical Examiner determined that the victim, who resided in Clinton Hill, suffered blunt force trauma to the head and other physical injuries to her body. The investigation revealed that the defendant and the victim lived in the same shelter in the Bronx in 2019, but the nature of their relationship is unclear.

On October 16, 1963, the defendant was convicted of first-degree murder in Manhattan, forming the basis of the first-degree murder charge in this case.

The District Attorney thanked the Manhattan District Attorney’s Office for locating the old case files pertaining to the defendant.

The case was investigated by New York City Police Department Detectives Thomas Pisano, of Brooklyn North Homicide Squad, and David Quattrocchi of the 75th Precinct Detective Squad. Paralegal Supervisor Jannette Ayala and Paralegal Sherleese Adams, of the District Attorney’s Homicide Bureau, assisted in the investigation.

The case is being prosecuted by Senior Assistant District Attorney Lana Schlesinger, of the District Attorney’s Homicide Bureau, and Assistant District Attorney Howard Jackson, First Deputy Bureau Chief of the Homicide Bureau.

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

 

FOR IMMEDIATE RELEASE
Thursday, March 29, 2022

 

Brooklyn Real Estate Broker Indicted for
Multiple Rental Apartment and PPE Frauds

Defendant Allegedly Stole over $100,000 Meant for Security Deposits and
Critical Covid-19 Personal Protective Equipment

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn real estate broker has been indicted for stealing a total of $103,021 in a succession of schemes first involving persons looking to rent apartments and then by defrauding medical distribution companies by falsely offering to supply them with personal protective equipment (PPE) during the Covid-19 pandemic.

District Attorney Gonzalez said, “This defendant allegedly stole more than one hundred thousand dollars, taking advantage of people seeking housing in Brooklyn and then, after the onset of the pandemic, exploiting shortages of essential personal protective equipment by falsely soliciting and offering supplies to medical distribution companies. He allegedly stole not only money, but wasted valuable time and resources needed to protect essential workers in a time of unprecedented crisis. We will now seek to hold him accountable for his alleged crimes.”

The District Attorney identified the defendant as Michael Kapelow, 33, of Manhattan Beach, Brooklyn. He was arraigned today before Brooklyn State Supreme Court Justice Danny Chun on an indictment in which he is charged with one count of second-degree grand larceny, six counts of third-degree grand larceny, two counts of first-degree scheme to defraud and four counts of second-degree possession of a forged instrument. Kapelow was released without bail and ordered to return to court on May 31, 2022.

The District Attorney said that, according to the investigation, from December 2019 to February 2020, the defendant, a licensed real estate salesperson who listed properties in Brighton Beach, stole $21,225 in security deposits and advance rental payments from two couples who were trying to rent an apartment at 380 Neptune Avenue, as well as $5,990 from another person seeking to rent an apartment at 40 Shore Boulevard. In each case, the defendant allegedly told the victims he would forward the funds to the building’s landlord or management company, only to deposit the money in his own bank account.

Just months into the pandemic, it is alleged that from June 2020 through December 2020, the defendant stole a total of $69,556 from three medical distribution companies that he had promised to supply with PPE. In each case, the defendant allegedly lied and claimed to own – or have access to – hundreds of boxes of medical gloves. However, according to the investigation, the PPE was non-existent and the defendant allegedly had no intention of providing the critical commodity. In one case, according to the investigation, the owner of one of the companies became suspicious of the defendant’s repeated delays in providing PPE and went to the location where he told her his warehouse was located. Upon arriving at the address, the owner found only an abandoned dance studio. The defendant is also alleged, during this period, to have scammed an investor out of $6,250 after promising to partner on a PPE sale and split the profits.

According to the investigation, it is alleged that none of the victims in either the rental apartment or PPE frauds ever received their money back despite repeated and urgent requests. The defendant was allegedly able to string along the victims through various excuses and evasions, including by claiming he had suffered a family or medical emergency. In reality, according to the investigation, the defendant withdrew most of the money in cash or spent it at various casinos in New York, New Jersey and Pennsylvania – often within one or two days of receiving it.

Anyone who believes they may have been a victim of this defendant is asked to call the District Attorney’s Action Center at 718-250-2340.

This case is being prosecuted by Senior Assistant District Attorney Brian Connor of the District Attorney’s Fraud Bureau, under the supervision of Assistant District Attorney Gregory Pavlides, Chief of the Frauds Bureau, and Assistant District Attorney Michel Spanakos, Deputy Chief of the Investigations Division, and the overall supervision of Assistant District Attorney Patricia McNeill, Chief of the Investigations Division.

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

 

FOR IMMEDIATE RELEASE
Thursday, March 29, 2022

 

Sheepshead Bay Man Sentenced to 20 Years to Life For
Fatally Shooting Estranged Wife

Defendant Assaulted Victim’s Cousin, Who Tried to Protect Her

Brooklyn District Attorney Eric Gonzalez today announced that a Sheepshead Bay, Brooklyn man has been sentenced to 20 years to life in prison for killing his estranged wife, who he physically assaulted and then shot in the head after tracking her down at a family reunion in Sea Gate, Brooklyn. He fled the scene and was apprehended in Delaware a week later.

District Attorney Gonzalez said, “Today’s sentence holds this defendant accountable for the callous and senseless murder of a young mother of two at a family reunion, and my condolences go out to the family of Iveliss Alvarado for their tremendous loss. My Office has committed significant resources to the investigation and vigorous prosecution of domestic and gender-based violence and I encourage any victim in need of help or support to reach out.”

The District Attorney identified the defendant as Gabino Genao, 34, of Sheepshead Bay, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Donald Leo to 20 years to life in prison. He pleaded guilty last November to second-degree murder, second-degree criminal possession of a weapon, first-degree reckless endangerment, and third-degree assault.

The District Attorney said that, according to the investigation, on May 26, 2017, at about 11:15 p.m., in front of 2714 West 36th Street in Sea Gate, Brooklyn, the defendant shot his estranged wife, Iveliss Alvarado, 30, multiple times in the head. The couple was not living together at the time and the victim was celebrating at a family reunion before she was fatally shot.

A cousin of the victim witnessed the defendant punching Ms. Alvarado and intervened to try to protect her. The cousin suffered bruises when the defendant punched her as well. The defendant then opened fire. He was apprehended in Delaware on June 2, 2017 and extradited to Brooklyn.

The case was investigated by New York City Police Department Detective Michael Damico of the 60th Precinct Detective Squad.

The District Attorney thanked Senior Intelligence Analyst Eungee Hwang, of the Crime Strategies Unit, for her work on the case. Senior Intelligence Analyst Daniel Figlin of CSU, Homicide Paralegal Meghan Brancato, and Senior Assistant District Attorney Denise Pavlides assisted in the case.

The case was prosecuted by Senior Assistant District Attorney Andy Palacio, of the District Attorney’s Homicide Bureau, under the supervision of Assistant District Attorney Timothy Gough, Bureau Chief.

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

 

FOR IMMEDIATE RELEASE
Thursday, March 24, 2022

 

East Flatbush Man Sentenced for Sex Trafficking of 16-Year-Old Girl

Defendant Pleaded Guilty to Attempted Sex Trafficking of a Child and Assault

Brooklyn District Attorney Eric Gonzalez today announced that an East Flatbush man has been sentenced to 8 ½ years in prison after pleading guilty to attempted sex trafficking of a child for forcing a 16-year-old girl to have sex with men for money and then turn over that money to him. He also pleaded guilty to assaulting a pregnant woman who tried to rescue the teen.

District Attorney Gonzalez said, “The facts of this case are horrific, and today’s sentence holds this defendant accountable for his violent sexual exploitation of a child and for heartlessly assaulting the brave woman who attempted to rescue her. Violent predators who seek to exploit vulnerable victims will find no sanctuary in Brooklyn, and my Office is committed to vigorously pursuing justice.”

The District Attorney identified the defendant as Jermaine Taylor, 37, of East Flatbush, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Danny Chun to 8 ½ years in prison and five years’ supervised release. He must also register as a sex offender upon his release from prison. The defendant pleaded guilty to attempted sex trafficking of a child and second-degree assault on March 1, 2022.

The District Attorney said that, according to the investigation, between May 1, 2018 and March 6, 2019, the defendant forced a 16-year-old girl to engage in prostitution on multiple occasions in Brooklyn and Queens. The defendant slapped and punched the minor victim on multiple occasions and threatened to kill her when she told him she wanted to stop engaging in prostitution.

A 28-year-old pregnant woman was in a vehicle with the defendant and the victim on August 6, 2018, when the woman attempted to rescue the minor victim. This attempted rescue prompted the defendant to push the pregnant woman out of his car. The defendant then struck the woman with his vehicle and fled the scene with the minor victim.

The minor victim was recovered by police on March 6, 2019 after intelligence collected by the District Attorney’s office led police to her whereabouts.

The sex trafficking of a child statute was signed into law in November 2018. Under the law, prosecutors will no longer have to prove that force, fraud or coercion was used against the underage victims and thus will spare the victims from testifying in many instances. This indictment marked the first time in Brooklyn a defendant was charged under the sex trafficking of a child statute.

The case was investigated by Detective John Zerafa of the New York City Police Department/Federal Bureau of Investigation Child Exploitation Human Trafficking Task Force, under the supervision of Lieutenant Joseph Picarello and Captain Thomas Milano, and the overall supervision of Inspector Fernando Guimaraes, Commanding Officer of the NYPD’s Vice Enforcement Unit.

The District Attorney thanked Zachary Greenwood, Network Intrusion Analyst at the United States Secret Service, Special Agents from the FBI’s Crimes Against Children Squad in New York, Detective Theresa Nietzel from the Erie County Sherriff’s Office, Manhattan North Fugitive Warrants division and the Jersey City Police Department for their assistance in the investigation.

Intelligence Analyst Kayleigh Homer of the District Attorney’s Crime Strategies Unit assisted in the case.

The case was prosecuted by Assistant District Attorney David Weiss, Deputy Chief of the District Attorney’s Human Trafficking Unit, under the supervision of Assistant District Attorney Miss Gregory, Chief of the Special Victims Bureau.

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

 

FOR IMMEDIATE RELEASE
Tuesday, March 22, 2022

 

Construction Company and Owner Indicted for Manslaughter in
Death of 5-Year-Old Girl Struck by Pillars Following Wall Collapse

Defendant Allegedly Built Dangerously Flawed Stone Fence in
Violation of Numerous Provisions of the NYC Building Code

Brooklyn District Attorney Eric Gonzalez, together with New York City Department of Investigation Commissioner Jocelyn E. Strauber and New York City Department of Buildings Acting Commissioner Constadino “Gus” Sirakis, P.E., today announced that the owner of a Nassau County construction company has been indicted on manslaughter and other charges after a wall he built collapsed on a child, killing her.

District Attorney Gonzalez said, “The wall that this defendant allegedly built was a disaster waiting to happen. He allegedly failed to obtain the proper permits and failed to reinforce and secure the structure as required by law. As a direct consequence of his alleged recklessness, the wall collapsed and caused the senseless death of a precious 5-year-old child. My heart is with the victim’s family, and we will now seek to hold this defendant accountable.”

Commissioner Strauber said, “The New York City Building Code exists to ensure the safety of construction in the city. Mr. Anwar and his company allegedly violated numerous Code requirements when they built a stone wall without proper anchors or permits. Their obviously dangerous conduct had tragic consequences; as charged, the wall collapsed, causing the death of a 5-year-old girl. We thank the Brooklyn District Attorney’s Office and the city’s Department of Buildings for their partnership in this important investigation and we will continue to work with them to hold accountable those who flout their responsibilities with respect to construction safety.”

Acting Commissioner Sirakis said, “Performing construction work without the necessary permits can have devastating consequences. This indictment sends a strong message to the construction industry that this City will not tolerate bad actors who cut corners and jeopardize the safety of our fellow New Yorkers. I would like to personally thank our partners at the District Attorney’s Office and at the Department of Investigation for bringing criminal charges in this important case.”

The District Attorney identified the defendant as Nadeem Anwar, 46, of Valley Stream and his company, City Wide Construction and Renovations, Inc., also of Valley Stream. They were arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which they are charged with second-degree manslaughter, criminally negligent homicide, second-degree reckless endangerment, first-degree offering a false instrument for filing, and second-degree falsifying business records. Anwar was released without bail and ordered to return to court on May 11, 2022.

The District Attorney said that, according to the investigation, on August 29, 2019, at approximately 8:23 p.m., Alysson Pinto-Chaumana, 5, was with her mother and several friends while they were visiting a friend at 444 Harman Street, a three-story building in Bushwick, Brooklyn.

The group was outside waiting near the front door on an enclosed patio next to a 68” tall wall that fenced in the patio and had a base of heavy stone pillars topped with stone horizontal plates. Suddenly, the pillars and a horizontal plate fell inward onto Alysson, crushing her skull and causing her death.

An investigation into the collapse determined that the defendant, a licensed contractor, who was hired to renovate the façade of the property and build the wall in September 2018 allegedly committed numerous violations of the New York City Building Code. Although he was licensed as a contractor in Nassau County, he was not authorized to file for work permits with the NYC Department of Buildings and had another contractor file the application for the work on the façade, but not for building the wall.

The defendant allegedly did not acquire a DOB permit to build a stone wall at 444 Harman Street, which was required, nor did he have a licensed engineer or architect conduct a post-construction analysis of the wall’s stability as required. A row of stone pillars must have at least one pillar every 48 inches with a steel reinforcing bar anchoring that pillar to the base. All of the pillars must also be secured to the base with an engineer-grade adhesive. The horizontal plates must be secured to the pillars with engineer-grade adhesive.

A DOB engineer who responded to the collapse allegedly observed there were no steel reinforcing bars in any of the pillars. Furthermore, he determined that there was no engineer-grade adhesive securing any of the wall’s component parts. Therefore, he determined, the wall was highly unstable and held together mostly by its own weight and gravity, an egregious violation of multiple provisions of the Building Code. The engineer described the conditions as “imminently perilous to life.”

The case was investigated by New York City Department of Buildings Director of Forensic Engineering Unit, Marco Frias, PE and New York City Department of Investigation Chief Investigator James McElligott and Confidential Investigator Eliza Kopelman, under the supervision of Senior Inspector General Gregory Cho, Deputy Commissioner/Chief of Investigations Dominic Zarrella and First Deputy Commissioner Daniel G. Cort.

The case is being prosecuted by Senior Assistant District Attorney Linda Hristova, of the District Attorney’s Frauds Bureau, under the supervision of Assistant District Attorney Michel Spanakos, Deputy Chief of the District Attorney’s Investigations Division, and the overall supervision of Assistant District Attorney Patricia McNeill, Chief of the Investigations Division.

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

 

FOR IMMEDIATE RELEASE
Wednesday, March 16, 2022

 

Brooklyn Man Pleads Guilty to Stabbing Police Officer in Neck, Shooting His Partner and Firing Gun at Police Officers Who Responded to Scene, Wounding a Third Officer

Defendant Expected to be Sentenced to 30 Years in Prison

Brooklyn District Attorney Eric Gonzalez today announced that a Flatbush man has pleaded guilty to several counts of aggravated assault on a police officer and other charges for stabbing a police officer in the neck, taking the injured officer’s gun, using it to shoot the officer’s partner in the hand and also firing it at responding police officers, wounding a third officer.

District Attorney Gonzalez said, “This case highlights the incredible dangers faced by police officers working to protect our neighborhoods, and we have no tolerance for anyone who attempts to do them harm. In outrageous acts of violence, this defendant stabbed a police officer in the neck as he stood on the corner, and then shot his partner and a responding officer. Today’s guilty plea and the significant sentence this defendant faces will ensure he is held accountable for this vicious and unprovoked attack.”

The District Attorney identified the defendant as Dzenan Camovic, 22, of Flatbush, Brooklyn. He pleaded guilty to three counts of aggravated assault on a police officer, two counts of second-degree criminal possession of a weapon and one count of reckless endangerment before Brooklyn Supreme Court Justice Danny Chun. He is expected to be sentenced on August 4, 2022, at which time he faces 30 years in prison.

The District Attorney said that on June 3, 2020, at approximately 11:45 p.m., Police Officer Yayon Frantz Jean Pierre and Police Officer Randy Ramnarine were standing on the corner of Flatbush Avenue and Church Avenue when the defendant, walking south on Flatbush Avenue, walked up to Officer Jean Pierre from behind and stabbed him in the neck. He then rushed Officer Ramnarine with the knife and threw it at him.

Officer Jean Pierre fired at the defendant and then tripped. The defendant then struggled with Officer Jean Pierre for control of his gun. After seizing the gun, the defendant fired at Officer Ramnarine, striking him in the hand. Additional police officers responded to the scene and the defendant also opened fire on those officers, striking one of those officers in the hand.

Two officers were shot, both in the left hand, and recovered. Officer Jean Pierre was treated for the stab wound to his neck.

The defendant was hospitalized and treated for multiple gunshot wounds and recovered.

The defendant pleaded guilty yesterday in Brooklyn Federal Court to Hobbs Act Robbery 18 USC 1951(a) and Discharging a Firearm in Furtherance of a Crime of Violence 18 USC 924(c)(1)(A)(iii) for conduct arising out of the same incident. He will also be sentenced to 30 years federally to run concurrent with the state sentence.

The District Attorney thanked Detective Devin Long of the New York City Police Department’s Force Investigation Division, Supervising Analyst Alexandra Aber of the District Attorney’s Crime Strategies Unit, Robert Kaftal, Deputy Chief of the District Attorney’s Law Enforcement Assistance Unit and Paralegal Meghan Brancato of the District Attorney’s Homicide Bureau.

The case was prosecuted by Senior Assistant District Attorney Andy Palacio and Senior Assistant District Attorney Cassandra Pond, of the District Attorney’s Homicide Bureau.

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

 

FOR IMMEDIATE RELEASE
Thursday, March 4, 2022

 

Staten Island Man Sentenced to 25 Years to Life in Prison
For Fatal Assault of Off-Duty Firefighter Following Minor Fender Bender

Defendant Struck Victim in the Head with Blunt Object, Left the Scene

Brooklyn District Attorney Eric Gonzalez today announced that a Staten Island man has been sentenced to 25 years to life in prison following his murder conviction for assaulting and causing the death of an off-duty firefighter on the Belt Parkway. The victim suffered multiple skull fractures and hemorrhaging from a fatal blow to the head.

District Attorney Gonzalez said, “This defendant’s vicious response to a minor fender bender robbed a close family of a loved one and a firefighter community of a brave and treasured brother. Our hearts continue to be with the Mr. Coto’s relatives, friends and coworkers as they grieve this unspeakable loss, and I hope today’s sentence helps bring some sense of solace knowing that this defendant has been held accountable.”

The District Attorney identified the defendant as Joseph Desmond, 33, of Staten Island. The defendant was sentenced today by Brooklyn Supreme Court Justice Vincent Del Giudice to 25 years to life in prison. He was convicted of second-degree murder last month following a jury trial.

The District Attorney said that, according to the evidence, in the early morning hours of December 9, 2018, the defendant and the victim, Faizal Coto, 33, were both traveling east on the Belt Parkway when they had a minor collision. Both drivers pulled over to the side of the road near Exit 4 at the Bay 8th Street. The defendant immediately got out of his car, walked to the victim’s car, viciously struck him in the head with a blunt object, returned to his car, and drove away. The entire interaction took less than 15 seconds.

The victim, who suffered profound skull fractures, collapsed to the ground next to his car. A passerby traveling west-bound saw him and called 911. The victim, who was an off-duty firefighter assigned to Engine 245 in Brooklyn, was pronounced dead shortly after arriving at Coney Island Hospital.

The defendant was arrested the following day after license plate readers picked up the plate number of his 2006 Infiniti G35 on the Belt Parkway near the victim’s car at the same approximate time and in the vicinity of the incident. Police tracked down the defendant to a motel in South Amboy, New Jersey. Data from his cell phone also placed him at the scene of the murder, according to the evidence, and numerous surveillance video cameras captured his movements before, during and after the murder.

The District Attorney thanked Detective Gilberto Alonso of the Brooklyn South Homicide Squad, Detective Oliver Muir, of the 62nd Precinct Detective Squad, Detective Omar Santiago, of the NYPD Video Unit, Assistant District Attorney Robert Kaftal, Deputy Chief of the District Attorney’s Law Enforcement Assistance Unit, Senior Intelligence Analyst Eungee Hwang and Paralegal Meghan Brancato for their assistance in the case.

The case was prosecuted by Senior Assistant District Attorney Andy Palacio, of the District Attorney’s Homicide Bureau and Assistant District Attorney Stephanie Quon, of the District Attorney’s Orange Zone Trial Bureau.

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

 

FOR IMMEDIATE RELEASE
Thursday, March 3, 2022

 

Turkmenistan Citizen Sentenced to 15 Years to Life for 2009
Robbery and Murder of Brooklyn Shopkeeper

Was Extradited from Australia, Where He Had Sought Asylum;
Alleged Accomplice Still at Large after Fleeing United States

Brooklyn District Attorney Eric Gonzalez today announced that a citizen of Turkmenistan has been sentenced to 15 years to life in prison following his guilty plea to robbery and murder for beating a Brighton Beach shopkeeper to death during a 2009 robbery. After the attack, the defendant ultimately fled to Australia where he was detained before his extradition to the United States, after DNA evidence linked him to the crime.

District Attorney Gonzalez said, “For nearly 13 years, the family and friends of Vladislav Tolstykh have waited for this defendant to be brought to justice. Today’s sentence holds him accountable for brutally and ruthlessly beating this innocent shopkeeper to death.”

The District Attorney identified the defendant as Abakar Gadiyev, 40, a citizen of Turkmenistan who was living in Brighton Beach, Brooklyn at the time of the incident. He was sentenced today by Brooklyn Supreme Court Justice Vincent Del Giudice to 15 years to life in prison. The defendant pleaded guilty to two counts of second-degree murder and one count of first-degree robbery on December 9, 2021.

The District Attorney said that, according to the investigation, on March 14, 2009 at approximately 2:26 p.m. the defendant and indicted alleged co-conspirator Arsen Bashirov, 40, ambushed the victim, Vladislav Tolstykh, inside a parking garage on Brighton 11th Street near the Brighton Beach Bazaar, a grocery store that the victim co-owned and managed. The defendants allegedly beat the 34-year-old victim to death and ran off with a pouch containing $32,000 in cash, paychecks and luxury watches.

Investigators recovered ski masks and sweatshirts the perpetrators used to conceal themselves and discarded as they fled. Forensic analysis of those items of clothing found they contained the DNA of the victim and two males. Additionally, investigators reviewed surveillance video that showed the suspects enter the parking garage wearing sweatshirts and ski masks prior to the victim’s arrival. Surveillance video also captured the perpetrators running from the garage carrying the victim’s property.

It is alleged that the suspects fled the country to their native Turkmenistan a few days after the homicide. Gadiyev then traveled to Australia where he sought asylum without disclosing his involvement in the homicide to Australian authorities.

NYPD detectives coordinated with Australian police to obtain a DNA sample from the defendant on April 11, 2013. Local authorities in Sydney, Australia collected an abandoned can of Red Bull Gadiyev left behind that contained a DNA sample which positively matched the DNA police recovered from the defendant’s discarded clothing items near the crime scene.

The defendant was indicted by a grand jury in October 2013. Australian authorities detained the defendant in 2014 while he awaited extradition to the United States. In December of 2018, the Australian Attorney General determined that Gadiyev could be surrendered to the United States. He was returned to New York on February 1, 2019.

The defendant’s co-defendant, Arsen Bashirov, remains in Turkmenistan, which does not have an extradition treaty with the United States.

The District Attorney thanked Detective Peter McMahon of the Brooklyn South Homicide Squad; Inspector David El-Badawi of the New South Wales Police Department in Sydney; members of the Australian Federal Police; members of the NYPD Intelligence Division; and members of the United States Marshal Service for their assistance in this investigation.

The case was prosecuted by Senior Assistant District Attorney Andy Palacio, of the District Attorney’s Homicide Bureau. Homicide paralegal Meghan Brancato assisted with the case.

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