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FOR IMMEDIATE RELEASE

­­­­Monday, November 4, 2024

Three Charged with Hate Crimes Related to Defacing and Vandalizing Homes of the Brooklyn Museum’s Director and Board Members

Allegedly Splashed Red Paint, Left Threats at Victims’ Homes; Charged with Making a Terroristic Threat as a Hate Crime, Criminal Mischief as a Hate Crime; 

Brooklyn District Attorney Eric Gonzalez today announced that a woman and two men were named in a 25-count indictment in which they are charged in connection with anti-Semitic incidents in Brooklyn Heights and Boerum Hill in Brooklyn and in Lenox Hill in Manhattan. The defendants allegedly targeted members of the Brooklyn Museum’s Board of Directors who have Jewish-sounding names and did not target two board members who do not have Jewish-sounding names.

District Attorney Gonzalez said, “Acts of vandalism that target individuals in their own homes are a deeply disturbing violation meant to intimidate, terrorize, and instill fear. These defendants allegedly targeted museum board members with threats and anti-Semitic graffiti based on their perceived heritage. These actions are not protests; they are hate crimes, and we are deeply committed to holding accountable anyone who uses such unlawful tactics in Brooklyn.”

The District Attorney identified the defendants as Taylor Pelton, 28, of Astoria, Queens, Samuel Seligson, 32, of Brooklyn, and Gabriel Schubiner, 36, of Bedford-Stuyvesant, Brooklyn. They are variously charged in a 25-count indictment with making a terroristic threat as a hate crime, making a terroristic threat, third- and fourth-degree criminal mischief as a hate crime, third- and fourth-degree criminal mischief, making graffiti, possession of graffiti instruments, and fifth-degree conspiracy. Schubiner was arraigned today before Brooklyn Supreme Court Justice Danny Chun and released without bail. Seligson and Pelton are expected to be arraigned next week.

The District Attorney said that, according to the investigation, the three defendants were allegedly captured on surveillance video gathering at 500 Saint Marks Place in Crown Heights, Brooklyn, in the early morning hours of June 12, 2024. They allegedly entered the location and were present for over an hour. When they left the location all three defendants and three unapprehended others were captured carrying supplies to Pelton’s car, a red Honda Fit, with Seligson directing the others to place items in the trunk.

The District Attorney said that, according to the investigation, Pelton drove the defendants and unapprehended others to DeGraw Street and Bond Street in Boerum Hill, where Seligson, Schubiner and the unapprehended others are seen on video walking to Douglass Street with black bags. Douglass Street is where the residence of a member of the Brooklyn Museum’s Board of Directors is located.  A video camera at the location was allegedly painted over by Schubiner so it could not capture the identity of the defendants when they allegedly defaced the location using red paint, with the words, “Brooklyn Museum, blood on your hands” and left a banner with the victim’s name, claiming she had “blood on your hands, war crimes, funds genocide” and several inverted red triangles on the banner.

The red triangles, according to the investigation are associated with Hamas, a terrorist group. A stencil found on the ground at the location had a fingerprint covered in red paint which was identified as belonging to Schubiner.

Furthermore, according to the District Attorney, it is alleged that Pelton then drove the group to the next location, the corner of Pierrepont Street and Hicks Street. Seligson and Schubiner are then allegedly captured approaching the residence of the Executive Director of the Brooklyn Museum. A video camera was allegedly painted over so it could not capture the identity of the defendants as they allegedly defaced the building with red paint, a banner which named the Director and called her a White Supremacist Zionist, with red handprints, the words “Blood on your hands,” an anarchy symbol, and red inverted triangles painted on the banner and on the building. The defendants are then allegedly captured on video surveillance footage running from the location toward Pelton’s car. The car then headed over the Manhattan Bridge and into Manhattan.

Finally, it is alleged, according to the investigation, Pelton drove to East 65^th Street and First Avenue, where Schubiner and the unapprehended others are captured spraying red paint on a building on Fifth Avenue in Lenox Hill, which is the residence of Chairman of the Board of Directors of the Brooklyn Museum. They allegedly painted her name, the red inverted triangles and the anarchy symbol.

The case was investigated by New York City Police Detective Michael Rodriguez of the Hate Crimes Task Force and the entire HCTF, under the supervision of Chief Gary Marcus.

The District Attorney thanked the following individuals for their assistance on this case: Manhattan District Attorney Hate Crimes Bureau Chief Hannah Yu and Assistant District Attorney Alberto Gomez; KCDA Digital Forensic Analysts Austin Fedchock and Timothy Brown, of the Digital Evidence Lab; KCDA Hate Crimes Paralegal Michael Chung; KCDA Detective Investigators; the NYPD Latent Prints Lab and Gun Violence Suppression Squad.

The case is being prosecuted by Senior Assistant District Attorney Samantha Perlstein, of the District Attorney’s Hate Crimes Bureau, under the supervision of Assistant District Attorney Ari Farkas, Deputy Chief of the Hate Crimes Bureau, and the overall supervision of Assistant District Attorney Kelli Muse, Chief of the Hate Crimes Bureau.

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An indictment is merely an accusation and not proof of a defendant’s guilt 

FOR IMMEDIATE RELEASE

Thursday, October 24, 2024

Brooklyn Baseball Coach Indicted for Sex Abuse of Seven Teen Players

Allegedly Insisted Players Expose Themselves, Touched Genitals and Used Sexual Language; Victims Were Between 12 and 14 Years Old; Defendant Coached at The Packer School

Brooklyn District Attorney Eric Gonzalez today announced that a youth baseball coach has been indicted for course of sexual conduct against a child, sexual abuse and other charges. It is alleged that during his travel team’s practices and other settings he consistently made sexual comments, repeatedly insisted that players show him their genitalia and touched their intimate parts on several occasions. At times, he allegedly refused to let athletes stop difficult conditioning exercises unless they exposed themselves to him.

District Attorney Gonzalez said, “This defendant’s alleged actions represent a profound betrayal of trust, preying on the young athletes under his guidance. Coaches are entrusted with nurturing young minds and talents, not exploiting them for personal gratification. The disturbing details of this case highlight the lasting damage such behavior inflicts on vulnerable youth, and we are committed to holding this defendant fully accountable. Our priority remains to protect children and provide justice for these brave victims who have come forward.”

The District Attorney identified the defendant as Nicolas Morton, 31, of Park Slope. He was arraigned today before Brooklyn Supreme Court Justice Donald Leo on a 20-count indictment charging him with second-degree course of sexual conduct against a child, third- and first-degree sexual abuse, 13 counts of endangering the welfare of a child, two counts of forcible touching, and second-degree unlawful imprisonment. Bail was set at $75,000 cash or $150,000 bond and the defendant was ordered to return to court on December 13, 2024.

The District Attorney said that, according to the investigation, the defendant ran a travel baseball team while also serving as the head coach at The Packer Collegiate Institute. The allegations involve conduct during the travel team practices, mostly in Packer’s gym and in several Brooklyn ballfields, from the beginning of 2023 through the summer of 2024. Victims, whose ages ranged at that time from 12 to 14, recalled that at nearly every practice, the defendant made sexual comments, repeatedly asked to see the boys’ pubic hair, and spoke extensively about masturbation.

Three of the seven victims included in the indictment reported that the defendant allegedly touched their genitals over their clothes and one reported that he touched him under the clothing. All of the boys recalled that he asked, coaxed or pressured them to show him their pubic hair or penis. On numerous occasions he allegedly used illicit tactics to get them to show their genitals such as offering material benefits or telling them they could not stop running or doing other exhaustive drills unless they exposed themselves. He also allegedly threatened a number of boys that he would cut them from the team if they didn’t oblige.

Rumors started to circulate among players’ parents in July 2024 and some of them reported their concerns to Packer. The school terminated the defendant’s employment in August.

The District Attorney thanked New York City Police Department Detective Christopher Mastoros for his role in the investigation.

The case is being prosecuted by Senior Assistant District Attorneys Gwen Barnes and Gabriela Sinisi, of the District Attorney’s Special Victims Bureau, with assistance from Special Victims Paralegal Jennifer Hernandez, and Emmanuel DeJesus, of the District Attorney’s Victim Services Unit, under the supervision of Assistant District Attorney Olatokunbo Olaniyan, First Deputy Bureau Chief, and the overall supervision of Assistant District Attorney Miss Gregory, Bureau Chief.

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An indictment is merely an accusation and not proof of a defendant’s guilt

FOR IMMEDIATE RELEASE

Thursday, October 3, 2024

Brooklyn District Attorney Moves to Vacate Conviction of Man Who Pleaded Guilty to 1986 Killing so He Could Stay Out of Prison After Successful Appeal

Served Eight Years in Prison; Convicted Based on Account of Single, Unreliable Witness;

Becomes 40^th Individual Exonerated Since Brooklyn’s CRU was Created a Decade Ago

Brooklyn District Attorney Eric Gonzalez today announced that following a thorough reinvestigation by his Conviction Review Unit (CRU), he will move to vacate the conviction of Keith Roberts, 67. Roberts served eight years in prison for murder before accepting a plea deal in 1995 to a lower charge so he could stay at liberty after his original conviction was reversed on appeal. The reinvestigation found that the sole eyewitness was patently incredible, the rejected alibi defense was plausible, and the police investigation was inadequate. The complete CRU report is available here. Roberts is the 40^th individual to be exonerated by Brooklyn’s CRU since the unit was created in 2014, more than the 34 exonerations that were recommended by all the other DA’s offices in the city over that timeframe, and one of the highest numbers for any DA’s office in the country. [Source: National Registry of Exonerations.]

District Attorney Gonzalez said, “This exoneration underscores the critical importance of our Conviction Review Unit and its mission to right the wrongs of the past. Mr. Roberts, like many others, found himself trapped by a system that failed to recognize his innocence, and nearly 20 years ago, he pleaded guilty just to stay out of prison. Our reinvestigation revealed the deep flaws in the original case—unreliable testimony, overlooked evidence, and a rushed investigation. Today, we are able to restore his dignity and good name and affirm his innocence. This marks the 40^th exoneration by our CRU, which has been recognized as a national model because of our deep commitment to this work. While that number represents lives changed and justice finally delivered, it also reminds us of the enormous responsibility we carry in the work we do every day.”

Roberts will appear in court today at 2:15 p.m. before Brooklyn Supreme Court Justice Matthew D’Emic at 320 Jay Street, 15^th Floor.

The District Attorney said that in the early morning hours of September 21, 1986, Pierre Sanon, 33, was fatally shot outside the Holiday Social Club in East Flatbush, Brooklyn after fighting with someone inside. According to the only identifying witness, after the killer shot the victim, he was told by two accomplices to go to the “yellow house” down the block, and that the witness saw the defendant run there. Police then came to that house – where Roberts lived – and interviewed him. He said that he was at another party that night and volunteered to come to the precinct and appear in a line-up. The witness identified him, and he was arrested. The case was closed by police just over 12 hours after the homicide.

The eyewitness testified at trial and so did several witnesses who attested to Roberts’ alibi claim. The jury convicted the defendant for second-degree murder, and he was sentenced to 18 years to life in prison. At sentencing, Roberts proclaimed his innocence and the victim’s family stated that that they believed a man named Jerome (which was the eyewitness’ first name) fought with the victim and was responsible for the murder and that Roberts was not involved.

In September 1994, considering his direct appeal, the Appellate Division opined that the alibi defense was “plausible,” and that the eyewitness testimony was “exaggerated and incongruent” – but that neither of these reasons was sufficient to reverse the conviction. However, because of a late disclosure of a statement from another witness who said the shooter left the scene in a car, the Court ordered a new trial and Roberts was released. In September 1995, on the eve of the second trial, Roberts agreed to plead guilty to first-degree manslaughter in exchange for a sentence of two and a third to seven years, meaning he could remain out of prison. (The defense asked for an Alford plea, which would have allowed him to still maintain his innocence, but the prosecutor refused.)

Roberts approached the CRU, saying he only admitted guilt to avoid a possible conviction and return to prison, an admission he has regretted ever since. “I promised my mother before she died that I would continue to fight to establish my innocence and honor her fight and sacrifice to free me and clear my name,” he wrote. The CRU accepted the case, reviewed the entire file, and interviewed all relevant and available witnesses.

The CRU concluded that Roberts was likely not involved in the crime. He became a suspect based on the witness’s account that an accomplice instructed him to run to a yellow house – a claim that makes little sense given that he was residing in that very home. The claim was also refuted by accounts from other witnesses, who saw the shooter run to a car and drive away, and the initial description of the gunman did not match Roberts. In contrast, the identifying witness’s account lacked credibility and was nonsensical at times. The CRU also established that the eyewitness, who claimed he never saw the killer or the victim before and did not enter the club, was likely the person who fought with the victim inside the club earlier that night. Plus, Roberts had no motive to kill the victim and his alibi was corroborated by multiple people.

In addition, the police investigation was inadequate. It was conducted by a police officer, not a detective, in what was her first murder investigation. It was completed in well under 24 hours based on the word of one person. In her interview with the CRU, the officer recalled that back then, once someone was identified in a line-up, he was arrested, and no further investigation was considered. “It was all about numbers, clearing cases” she said. Finally, Roberts’ guilty plea should be viewed in light of his motivation to remain at liberty after his murder conviction was reversed on appeal.

The District Attorney accordingly recommends that his conviction be vacated, and the indictment dismissed.

To date, the work of the Conviction Review Unit has resulted in 40 convictions being vacated since 2014. Currently, CRU has approximately 60 open investigations.

This case was investigated by Senior Assistant District Attorney Emily Farber of the Brooklyn District Attorney’s Conviction Review Unit, with assistance from Lori Glachman, CRU Editor-In-Chief, under the supervision of Charles Linehan, Unit Chief.

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FOR IMMEDIATE RELEASE

Wednesday, September 18, 2024

Construction Company Owner Sentenced to Jail for Death of

5-Year-Old Girl Struck by Pillars Following Wall Collapse

Defendant 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 Commissioner James Oddo, today announced that the owner of a Nassau County construction company has been sentenced to six months in jail and five years’ probation following his conviction on criminally negligent homicide and other charges after a wall he built collapsed on a child, killing her.

District Attorney Gonzalez said, “This defendant’s egregious failure to follow the most basic safety provisions of the New York City Building Code caused the horrific, brutal and completely avoidable death of little Alysson, leaving her devastated mother heartbroken. Today’s sentence sends a message that there will be serious consequences for contractors whose sloppy work endangers the public. I commend the Department of Investigation, the Department of Buildings and my prosecutors for their diligent work on this case and commitment to pursuing justice.”

Commissioner Strauber said, “Failure to comply with the City’s building code can have tragic consequences.  The defendant built a granite wall without following basic safety requirements, including the use of steel reinforcements, leading to the senseless death of five-year-old Alysson Pinto-Chaumana. Now he faces a prison sentence that underscores the importance of construction safety and our commitment to aggressively pursue those who ignore rules designed to protect the public.  DOI thanks the Brooklyn District Attorney’s Office and the City Department of Buildings for their commitment to provide a measure of justice in this devastating case.”

The District Attorney identified the defendants as Nadeem Anwar, 48, of Valley Stream and his company, City Wide Construction and Renovations, Inc., also of Valley Stream. Anwar was sentenced today to six months in jail and five years’ probation. City Wide was sentenced to a fine of $5,000. The defendants were convicted by Brooklyn Supreme Court Justice Danny Chun of criminally negligent homicide, first-degree offering a false instrument for filing, and second-degree falsifying business records on May 14, 2024, following a bench trial.

The District Attorney said that, according to the investigation, on August 29, 2019, at approximately 8:30 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 granite 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 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 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 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.”

Following the tragic death of Alysson Pinto-Chaumana, and a similar incident that occurred 2021 in the Bronx where another child was killed by a falling stone balustrade railing, the Department of Buildings began conducting educational public outreach about the dangers associated with improper construction of these property fences. This outreach has included distributing flyer in neighborhoods where these types of railings and fences are common, and speaking at local community meetings about how cutting corners on construction projects can have fatal consequences.

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

The case was prosecuted by Assistant District Attorney Adam Libove, Deputy Chief of the District Attorney’s Public Integrity Bureau, and Assistant District Attorney Pamela Murray, Deputy Chief 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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FOR IMMEDIATE RELEASE

Wednesday, September 11, 2024

Three Brick Squad Gang Members Sentenced to Up to Life in Prison Following Convictions in Connection to Murder and Conspiracy Charges

Six Co-Defendants Who Pleaded Guilty to Felony Conspiracies Sentenced to Prison Time

Brooklyn District Attorney Eric Gonzalez today announced that nine members of the Brick Squad street gang who were variously charged in an indictment with conspiracy to commit murder, sell narcotics and commit other crimes have been convicted of felonies and sentenced to lengthy prison terms. Three defendants were sentenced to up to life in prison.

District Attorney Gonzalez said, “These sentences send an unequivocal message: violent gang activity and the destruction it causes will be met with serious consequences in Brooklyn. These gang members terrorized our neighborhoods, peddled narcotics, and committed heinous acts of violence, including the senseless murders of two individuals. My office, working alongside the NYPD, is committed to dismantling the small but dangerous groups responsible for most of the violence in our communities. We will continue to pursue justice for victims and ensure the safety of all Brooklyn residents by holding violent offenders fully accountable.”

The District Attorney said that high-ranking gang member Christopher Garcia, 26, of Brooklyn, was sentenced to up to a minimum of 41 2/3 years to life in prison by Brooklyn Supreme Court Justice John Hecht on September 4, 2024. He was convicted of second-degree murder, second- and fourth-degree conspiracy and second-degree criminal possession of a weapon. Co-defendants Quazeer Farmer, 25, of Brooklyn, and Jashaun Washington, 24, of Brooklyn, were sentenced today by Justice Hecht to. Farmer, who was convicted of second-degree murder and second- and fourth-degree conspiracy, was sentenced to 30 2/3 years to life in prison and Washington, who was convicted of second-degree murder and second- and fourth-degree conspiracy, was sentenced to 27 2/3 years to life in prison.

All three defendants were convicted in July 2024 following a two-jury trial before Justice Hecht. Six co-defendants named in the same indictment variously pleaded guilty to conspiracies to commit crimes and other charges (see defendant addendum). A seventh defendant died while awaiting trial.

The District Attorney said that, according to the evidence, the defendants are members of a violent street gang known as Brick Squad, a.k.a., Immortal Stone Gorilla Gang (ISGG), a subset of the larger Untouchable Gorilla Stone Nation (UGSN). UGSN is a subset of the Bloods. Brick Squad operated within the confines of the 73^rd, 75^th, 79^th, and 84^th Precincts, but also expanded its narcotics distribution to jurisdictions outside New York City including Binghamton, New York and Bangor, Maine.

Between March 2017 and December 11, 2019, Brick Squad members engaged in violence to establish geographic dominance and enforce the laws and tenets of the gang. During the course of the conspiracy the defendants sought to establish and enforce a set of rules and hierarchy within their own ranks and make money for the organization through criminal activity, primarily selling heroin, crack cocaine and marijuana. To achieve those goals, some Brick Squad members participated in violent criminal acts, including murder and shootings.

Brick Squad members committed two murders during the course of the conspiracy:

• • On December 7, 2017, at approximately 3:25 a.m., in front of 601 Bainbridge Street in Ocean Hill, Brooklyn, Jashaun Washington, acting in concert with Christopher Garcia, shot and killed a fellow Brick Squad member, John Fernandez, who they mistakenly believed was cooperating with law enforcement and who was also faulted for not making enough money for the gang. Washington ambushed the victim, whose murder was ordered by Garcia, after returning from selling drugs in Bangor, Maine. Washington and Garcia were convicted at trial of second-degree murder for the shooting death of Fernandez.
  • On April 18, 2018, at approximately 8:36 p.m., in front of 175 Hart Street, in Bedford-Stuyvesant, Brooklyn, Quazeer Farmer, acting in concert with Markel Pender, shot and killed rival Claudell Gary in the culmination of a year-long feud between a Gary family member and Brick Squad members from the same Bedford-Stuyvesant neighborhood. The victim was shot multiple times from behind at point-blank range. Pender pleaded guilty to first-degree manslaughter and Farmer was convicted at trial of second-degree murder.+

During the course of the conspiracy, incarcerated Brick Squad members, including ringleader Howard Smith, a.k.a., Hamo or The Godfather, Markel Pender, Lee Kennedy, and others communicated with non-incarcerated members in prison phone calls to keep up to date on the status of members or to encourage violent acts. Furthermore, it was part of the conspiracy for Brick Squad members to make money for the organization through criminal acts including selling narcotics. The narcotics distribution was based in Brooklyn but expanded to other jurisdictions, including Bangor, Maine and Binghamton, New York.

Proceeds of the narcotics sales were distributed among the high-ranking incarcerated members in the form of frequent deposits from some of the defendants to the incarcerated defendants prison commissary accounts, e.g., as of September 2019 Howard Smith had over $19,000 in his personal prison commissary account and Markel Pender had over $8,000.

The investigation was conducted by New York City Police Department Detectives from the Gun Violence Suppression Division, Brooklyn North Homicide Squad, as well as the 73^rd and 79^th Precinct Detective Squads. Detective Douglas Rome of the Gun Violence Suppression Division led the investigation.

The District Attorney thanked Senior Assistant District Attorney Jhounelle Cunningham of the Homicide Bureau, Assistant District Attorney Sara Kurtzberg, Chief of the Bureau of Litigation Technology, Alexandra Aber, Chief Analyst of the Digital Evidence Lab, and Paralegal Harline Aimable, of the Violent Criminal Enterprises Bureau, for their assistance on the case.

The case was prosecuted by Senior Assistant District Attorneys Nicholas Ford and Fabiola Marrufo, of the District Attorney’s Violent Criminal Enterprises Bureau, under the supervision of Assistant District Attorney Alfred De Ingeniis, Bureau Chief.

DEFENDANT ADDENDUM:

1. 1. Lee Kennedy, 35, of Brooklyn. Pleaded guilty to second-degree conspiracy and sentenced to 4½ to nine years in prison.
   2. Stephan Khadu [abated by death]
   3. Andrew Marquis, 26, of Staten Island. Pleaded guilty to second-degree conspiracy, second-degree attempted murder and second-degree criminal possession of a weapon and sentenced to six years in prison.
   4. Jerome Noble, 35, of Brooklyn. Pleaded guilty to fourth-degree conspiracy and second-degree criminal possession of a weapon and sentenced to five years in prison.
   5. Markel Pender, 31, of Brooklyn. Pleaded guilty to first-degree manslaughter and sentenced to 12 years in prison and five years’ post-release supervision.
   6. Howard Smith, 54, of Brooklyn. Pleaded guilty to fourth-degree conspiracy and sentenced to two to four years in prison.
   7. Dayshawn Speed, 33, of Brooklyn. Pleaded guilty to fourth-degree conspiracy and second-degree criminal possession of a weapon and sentenced to five years in prison.

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FOR IMMEDIATE RELEASE

Wednesday, September 11, 2024

Texas Man Indicted for Sex Trafficking of a Child, Promoting Prostitution

Defendant Allegedly Drove Two Teens to New York From Dallas, Forced Them to Engage in Prostitution in East New York; Had his Nickname Tattooed on Their Faces

Brooklyn District Attorney Eric Gonzalez today announced that a Texas man has been arraigned on an indictment in which he is charged with sex trafficking of a child, sex trafficking, assault, promoting prostitution and related charges for allegedly forcing a 17-year-old girl and an 18-year-old girl to engage in prostitution and giving him the proceeds.

District Attorney Gonzalez said, “This defendant allegedly subjected two young women to horrific abuse, treating them as his personal property by branding them with his nickname and forcing them into a life of exploitation and violence. The brutality these victims endured is appalling, and we will work diligently to ensure that he is held accountable for the inhumanity he inflicted.”

The District Attorney identified the defendant as Donald Roberson, 29, of Dallas, Texas. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on a 17-count indictment in which he is charged with sex trafficking of a child, sex trafficking, second-, third-and fourth-degree promoting prostitution, second- and third-degree assault, fourth-degree criminal possession of a weapon, third-degree criminal sexual act, sexual misconduct, and third-degree sexual abuse. He was ordered held without bail and to return to court on October 23, 2024.

The District Attorney said that, according to the investigation, the 17-year-old victim met the defendant, who she knew from Instagram, in Dallas, Texas on August 10, 2024. She and the 18-year-old victim agreed to leave with the defendant, who then drove to New York, stopping several times a long the way. On August 16, 2024, they arrived in New York and went to the Hotel Sunborn in East New York where the defendant rented a room. The two victims were then allegedly forced to walk the track in East New York and engage in prostitution, with all of the proceeds going to the defendant.

On August 20, 2024, the defendant allegedly took the 17-year-old victim to a tattoo parlor in East New York and had his nickname, “Blue Cheese,” tattooed on her face. The 18-year-old also had “Blue Cheese” tattooed on her face. It is alleged that later that day, in McCarren Park, the defendant argued with the 17-year-old victim, punched her in the face, pulled her hair and kicked her in the face causing her to suffer a seizure. He also allegedly stabbed her about the side of her body with a pair of scissors.

Furthermore, it is alleged, on August 22, 2024 the victim was treated for a viral throat infection at Kings County Hospital caused by allegedly being forced to perform sex acts. After leaving the hospital, the defendant allegedly looked for the 18-year-old in East New York and when he found her he allegedly choked her and punched her about the face until she was crying and unable to breathe.

On August 23, it is alleged, the 17-year-old and the defendant allegedly had an argument at the hotel and she went to his vehicle and locked herself inside of it. The defendant allegedly shattered a car window, raining glass down on to the victim who was left with cuts. He then allegedly took a torch lighter to her leg and burned her.

The victim then managed to text someone back in Texas for help, giving him the name and address of the hotel and the room number. Officers from the 75^th Precinct responded, found her in the parking lot and arrested the defendant.

The case was investigated by New York City Police Department Detective Denis Regimbal and Detective Mark Shackel of the joint NYPD/FBI Child Exploitation and Human Trafficking Task Force, under the supervision of Sergeant Kevin Kavanaugh, Lieutenant Amy Capogna, Lieutenant Joseph Picarello, and Captain Maripily Clase, and the overall supervision of Chief Carlos Ortiz.

The case is being prosecuted by Senior Assistant District Attorney Alexandra Iorio, of the District Attorney’s Human Trafficking Unit, under the supervision of Assistant District Attorney Mary Monahan, Deputy Unit Chief and Assistant District Attorney David Weiss, Unit Chief, and the overall supervision of Assistant District Attorney Miss Gregory, Chief of the Special Victims Bureau.

The District Attorney thanked 75^th Precinct Field Intelligence Officer Detective Roodly Demorcy and officers from the NYPD’s 75^th Precinct for their assistance in the investigation.

The case is being prosecuted by Senior Assistant District Attorney Alexandra Iorio, of the District Attorney’s Human Trafficking Unit, under the supervision of Assistant District Attorney Mary Monahan, Deputy Unit Chief and Assistant District Attorney David Weiss, Unit Chief, and the overall supervision of Assistant District Attorney Miss Gregory, Chief of the Special Victims Bureau.

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

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FOR IMMEDIATE RELEASE

Thursday, September 5, 2024

Father and Son Brooklyn Contractors Indicted for Grand Larceny for Allegedly Defrauding Over $1 Million from Paycheck Protection Program

Defendants Allegedly Lied on Loan Applications; Used Funds toward Purchasing Homes in

New Jersey and a Luxury BMW Sports Sedan

Brooklyn District Attorney Eric Gonzalez, together with U.S. Small Business Administration General Counsel Therese Meers and Special Agent-in-Charge Jonathan Mellone, Northeast Region, U.S. Department of Labor, Office of Inspector General, today announced that two Brooklyn contractors have been indicted for grand larceny for allegedly defrauding more than $1 million from the Paycheck Protection Program during the Covid-19 pandemic. As part of the alleged scheme, the defendants submitted fraudulent tax returns that grossly inflated the company’s revenues to obtain the funds and then allegedly used those funds – which were restricted to paying employees and other legitimate business expenses – toward purchasing two homes in New Jersey, as well as a luxury BMW sports sedan.

District Attorney Gonzalez said, “These defendants allegedly engaged in a shameless scheme to steal more than $1 million from the Paycheck Protection Program and line their own pockets with critical funds intended to help struggling small business owners during the Covid-19 pandemic. We will now seek to hold them accountable. I want to thank the Small Business Association for its assistance in pursuing justice in this case.”

General Counsel Meers said, “The action in this matter is the product of enhanced efforts by federal agencies such as the Small Business Administration working with the Kings County District Attorney’s Office, SBA’s Office of Inspector General, other law enforcement agencies, and Mary Cvengros, Senior Litigation Counsel from the SBA’s Office of General Counsel.”

Special Agent-in-Charge Mellone said, “An important part of the mission of the U.S. Department of Labor, Office of Inspector General is to investigate allegations of fraud involving pandemic-related unemployment insurance programs. We will continue to work with our law enforcement partners to investigate these types of allegations.”

The District Attorney identified the defendants as Nurus Safa, 65, and Maidal Safa, 34, of Voorhies, New Jersey.  They were arraigned today before Brooklyn Supreme Court Justice Dena Douglas on a 19-count indictment in which they are charged with first- and second-degree grand larceny, second-degree criminal possession of a forged instrument, and first-degree falsifying business records. They were released without bail and ordered to return to court on October 30, 2024.

The District Attorney said that, according to the investigation, Nurus Safa is the owner of Rahil Contracting Inc., a small construction company that operates out of Kensington, Brooklyn.  Maidul Safa, his son, is listed as a Project Executive for the company.

After the onset of the COVID-19 epidemic, the US Small Business Administration (SBA) implemented the Payment Protection Program (PPP).  SBA insured PPP loans that were issued by banks.  The loans were designed for small businesses to keep workers on payroll.  In order to obtain a PPP loan, the employer was required to certify that the funds would be used for payroll or other specified expenses needed to keep their work force employed during the COVID-19 crisis.

Nurus Safa applied for a PPP loan through an SBA-backed lender on behalf of Rahil, allegedly falsely certifying in his application that the funds “will be used only for business related purposes,” more specifically attesting that “the funds will be used to retain workers and maintain payroll or make mortgage interest payments, lease payments and utility payments.”  He allegedly also submitted fraudulent quarterly tax returns for Rahil, which grossly inflated its revenues and contained the forged signature of a licensed tax preparer.

Furthermore, according to the investigation, the defendants obtained two PPP loans that totaled approximately $1,084,477.50. Shortly after the funds became available, they quickly used the money for personal purchases, including luxury items. The defendants are alleged to have spent a total of $393,670 toward the purchase of two five-bedroom homes, one in Voorhies, New Jersey and the other in Pine Hill, New Jersey and spent another $71,000 as a down payment on a 2021 BMW M5 sports sedan.

Furthermore, according to the investigation, much of the balance of the PPP funds was transferred to personal accounts held by either Nurus Safa or Maidul Safa.  An analysis of financial records shows no indication that any of the PPP funds were used for regular payments to employees.

The District Attorney thanked Senior Financial Investigator Faye Johnson and Intelligence Analyst Veranika Basak, both of the Investigations Division, and KCDA Detective Investigators for their assistance

The case is being prosecuted by Senior Assistant District Attorney Sergey Marts, of the District Attorney’s Frauds Bureau, and Assistant District Attorney Andrew Kohler, Special Counsel to the Investigations Division, under the supervision of Assistant District Attorney Gregory Pavlides, Chief of the Frauds Bureau, and the overall supervision of Assistant District Attorney Michel Spanakos, Deputy Chief of Investigations, and Assistant District Attorney Patricia McNeill, Chief of Investigations.

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

FOR IMMEDIATE RELEASE

Friday, August 30, 2024

Brooklyn was Safest Ever from Gun Violence During Summer Months with Fewest Shootings and Shooting Homicides in Recorded History

There were 11% Fewer Shootings and 24% Fewer Shooting Homicides in June-August Compared to the Same Period Last Year; About 75% Drop from Summer of 2020 Peak

Brooklyn District Attorney Eric Gonzalez today announced that gun violence in Brooklyn over the summer months (June through August) reached the lowest levels ever recorded. There have been 13 shooting homicides over that span, 24% fewer than during the same period last year, and 84 shooting incidents, 11% fewer than in the summer of 2023. The number of shooting victims ticked up by three, making it the second fewest in that category, after last year’s summer.

District Attorney Gonzalez said, “The summer months are traditionally the time when gun violence spikes, which is the reason the NYPD and my office focus extra resources and efforts during that period. It is gratifying that, after a particularly safe summer in 2023, we reached even more historic lows this year. While more needs to be done, public safety in Brooklyn continues to improve and our multi-pronged approach in fighting gun crimes – which includes gang takedowns, investments in our Digital Evidence Lab, precision prosecutions, and community-based initiatives – is working.”

The District Attorney said that between June and August, there were 84 shooting incidents in Brooklyn, down 10 (11%) from the same period last year. That is the lowest figure since that statistic has been tracked and represents a precipitous drop of 74% compared to the summer of 2020, when the pandemic and civil unrest combined to create a significant spike in violence. Similarly, shooting homicides during the same span reached the lowest level ever recorded with 13, four fewer (24%) than in 2023, representing a whopping 79% decline compared to 2020. (There were 16 non shooting homicides this summer, an unusually high number on account of a tragic quadruple murder and a separate double stabbing; the total number of homicides inched up by three compared to last summer).

The number of shooting victims, at 104, slightly rose by 3 (2.9%) compared to the same time last year but was kept at historically low levels with the summer of 2023 representing the lowest number on record. The number of victims over the summer was only a quarter of the figure during the 2020 summer. Encouragingly, all three stats were better this summer than during the same period in 2018 and 2019, which ended up as the years with the fewest shootings and homicides to date.

Since the start of 2024, the seven major index crime are down 5% in Brooklyn. The DA’s Office has also been successful in the courtroom so far this year, obtaining 72 Supreme Court convictions against 10 acquittals (an 86% trial conviction rate). The Homicide Bureau obtained 18 convictions and the Violent Criminal Enterprises Bureau convicted 10 defendants. VCE, together with the NYPD, also completed two successful gang takedowns, one at the end of May and one at the end of August, charging a total of 29 individuals. In July, the office hosted a successful gun buyback event, in which 100 firearms were taken off the streets.

These ongoing efforts and many others have all contributed to the ongoing reduction in gun violence and improvements in public safety across Brooklyn.

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FOR IMMEDIATE RELEASE

Thursday, August 29, 2024

Eleven Alleged Gang Members from Two Rival Gangs Named in Conspiracy Indictment That Includes Murder, Multiple Shootings and Gun Possession

Defendants Variously Charged with Acts of Violence in and Around Crown Heights

Brooklyn District Attorney Eric Gonzalez and New York City Police Commissioner Edward A. Caban announced today that 11 alleged members of two opposing street gangs are variously charged in two indictments with conspiracy to commit murder, possess weapons and related acts of violence. The defendants are variously charged in connection with seven shooting incidents, many of which were retaliatory in nature, which left three people shot, one fatally.

District Attorney Gonzalez said, “Today’s indictments send a clear message: We will not allow our communities to be terrorized by senseless gang violence. We allege that those charged individuals have shown a blatant disregard for human life, leaving a trail of fear and devastation in their wake. My office, in partnership with the NYPD, will continue to pursue justice relentlessly, ensuring that those who endanger the lives of innocent residents are held accountable. I commend the NYPD and our prosecutors for their outstanding work.”

Commissioner Caban said, “Today’s indictments reflect the tireless efforts of the NYPD’s many dedicated investigators, who focus sharply on the real drivers of crime and disorder in New York City. We are relentless in this work because New Yorkers deserve to live and work in a city free from the threat of gun violence. I commend our detectives and thank everyone at the Brooklyn district attorney’s office for their commitment to our shared public safety mission.”

The defendants will be arraigned this afternoon before Brooklyn Supreme Court Justice Danny Chun on two indictments in which they are variously charged with second-degree murder, second- and fourth-degree conspiracy, second-degree attempted murder, first- and second-degree criminal possession of a weapon and related counts. [See defendant addendum].

The District Attorney said the indictments are the result of a long-term investigation by the District Attorney’s Violent Criminal Enterprises Bureau and the NYPD’s Brooklyn North Violent Crime Squad into violence committed by rival street gangs operating in and around Crown Heights.

The District Attorney identified the two rival gangs as “Stain Gang,” a neighborhood-based confederacy that includes members of “9Trey,” “Gorilla Stone,” and “Mac Balla,” respectively; and “Albany Gang,” whose members include Blood sets such as “AMG,” and “59 Brims.” Seven of the defendants charged are alleged members of the Stain Gang, while four defendants are alleged members of their opposition, Albany Gang. Stain Gang territory encompasses the vicinity of Sterling Place, between Rochester Avenue and Buffalo Avenue, while Albany Gang territory operates just blocks away, concentrated in and around the New York City Housing Authority Albany I & Albany II developments.

The investigation revealed that the close geographical proximity coupled with the murder of Stain member Tyquan Howard (“Ty-Sixx”) by alleged Albany Gang members on May 12, 2020 unleased a series of shootings and retaliatory violence between the members of the two groups.

It is alleged, according to the indictments, that members of the rival gangs conspired to murder opposition gang members, often taunting opposing members on social media platforms. These taunts included insulting deceased rival gang members and calling out perceived inaction to opposition violence, often instigating a violent response. The investigation also revealed that members from both gangs utilized New York City Department of Corrections phone lines to continue their criminal conduct, discussing the conspiracy even while incarcerated by updating fellow gang members at liberty on the status of gang rivalries and discussing ongoing violent acts against rival gang members.

Among the crimes charged in the indictment is the August 10, 2023 homicide of alleged Stain member Shaheim Rogers and the non-fatal shooting of alleged Stain member Olujimi Lucas, by alleged Albany Gang member Ibrahima Barry. It is alleged that Barry stole a parked SUV and drove to the Albany Houses headquarters, where he picked up fellow Albany members. In the early evening, Barry is charged with “spinning” on Sterling Place, known Stain Territory, with fellow Albany Gang members. There, the group opened fire on Lucas, who was shot multiple times, and fatally struck Rogers, whose lungs collapsed as a result.

It is alleged that Stain and Albany members committed numerous targeted shootings in an effort to shoot and kill their perceived rivals during the course of the conspiracy in furtherance of their gang objectives, including the following:

• June 29, 2021 at 8:12 p.m. at 1448 Sterling Place: It is alleged that after a confrontation two days earlier between Albany member Elijah McDonald and Stain member Olujimi Lucas, which resulted in Lucas taking possession of McDonald’s firearm and at least one shot being fired, Lucas directed fellow Stain member Jahrell Madison to shoot at McDonald’s car multiple times as it drove through Stain Gang territory. Several rounds struck McDonald’s car.
• March 14, 2022 at 8:37 p.m. at 1566 Sterling Place: It is alleged that Albany Gang member Patrick Daniels drove to Stain Gang territory, walked into the courtyard of Stain headquarters, and shot a Stain member in the abdomen after attempting to shoot another individual who was seated in the courtyard.
• March 14, 2022 at 9:21 p.m. at 245 Troy Avenue: It is alleged that less than an hour later, and after Stain gang member Micah Gerson waited with the Stain victim to be picked up by ambulance, Gerson and another Stain member went to the Albany Houses. Once there, Gerson and another appeared to be searching for someone; they then left and proceeded towards 245 Troy Avenue (Albany territory), where they allegedly fired multiple rounds down the street in apparent retaliation before fleeing, striking a deli multiple times with numerous customers inside.

The investigation was conducted by New York City Police Department Detectives Vincent Gambino and William Pugliese, under the supervision of Sergeant Steven Zanca, Lieutenant Mark Jablonski, and Captain Daniel Casella, of the Brooklyn North Violent Crime Squad.

The case is being prosecuted by Senior Assistant District Attorney Michael O’Rourke and Senior Assistant District Attorney Michael Pesin-Virovets, of the District Attorney’s Violent Criminal Enterprises Bureau, with the assistance of Intelligence Analyst Austin Wilson and Paralegals Tania Lopez and Sultana Wahab, under the supervision of Assistant District Attorney Gillian DiPietro, Deputy Bureau Chief, Assistant District Attorney Kathryn Spota, Deputy Bureau Chief, Assistant District Attorney Matthew Stewart, Deputy Bureau Chief, Assistant District Attorney Jennifer Cilia, First Deputy Bureau Chief, and Assistant District Attorney Alfred De Ingeniis, Bureau Chief.

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

DEFENDANT ADDENDUM:

            Stain Gang Indictment

1. Olujimi Lucas, 30, also known as O Skeeno
2. Jahrell Madison, 22, also known as Jah Billy
3. Micah Gerson, 22, also known as Flex
4. Derrick Jones, 19, also known as 9 Shots
5. Rashilo Drew, 20, also known as Lo Glizzy
6. Isaiah Foster, 18, also known as KG
7. Deon Regis, 23, also known as Too Nice

Albany Gang Indictment

1. Treaston McGregory, 20, also known as Trigga Trey
2. Elijah McDonald, 29, also known as Eli
3. Patrick Daniels, 30
4. Ibrahima Barry, 20, also known as EB

FOR IMMEDIATE RELEASE

Friday, August 9, 2024

Brooklyn District Attorney Moves to Vacate Conviction of Brooklyn Man Who Served 16 Years for Homicide After Critical Video Wasn’t Turned Over

Defendant Requested to Watch Surveillance Tape Throughout Trial but Was Denied;

Technical Difficulties Prevented Showing it; Defense Lawyer Was Ineffective and Judge Unfair

Brooklyn District Attorney Eric Gonzalez today announced that following a thorough reinvestigation by his Conviction Review Unit (CRU), he will move to vacate the conviction of Arvel Marshall, 52, who was convicted of a 2008 murder in Crown Heights. He would have been eligible for parole in 2033. A surveillance video showing the gunman shortly before and right after the shooting was not turned over to the defense and seemingly never fully viewed by law enforcement. The video, requested by the defendant throughout the trial to no avail, would have likely led to a different trial outcome. In addition, the CRU found that the defense attorney “abdicated his role as an advocate” and the judge “abandoned his role of a neutral arbiter.” The full CRU report is available here.

District Attorney Gonzalez said, “An investigation by my Conviction Review Unit found that everyone involved in this case – defense, prosecution, police, and the Court – failed, depriving Mr. Marshall of a fair trial. A critical piece of evidence was not turned over, leading to this unjust conviction. The CRU’s work often reveals systemic failures, and this is a prime example of that. We will continue to expose, correct, and learn from every wrongful conviction that took place in Brooklyn.”

The defendant will appear in court today at 10:00 a.m. before Brooklyn Supreme Court Justice Matthew D’Emic at 320 Jay Street, 15^th Floor.

The District Attorney said that on the night of July 15, 2008, 22-year-old Moustapha Oumaria was fatally shot in the head while sitting outside his Crown Heights home with three friends. Marshall became a suspect based on claims that he and the deceased, who dated the same woman as the defendant, had an ongoing dispute. The three friends who were at the scene identified Marshall as the killer (although initial accounts described the gunman as a teenager and the defendant was 36 at the time).

Marshall testified and professed his innocence throughout the trial. There was a video containing surveillance footage near the scene from which police made four still photos depicting two individuals, one of whom matched the clothing description of the shooter that was provided by witnesses. But the prosecutor was unable to play the video in court, making several attempts to do so. He said that his understanding was that the stills represented the pertinent parts of the footage, and that the video has “no evidentiary value.” It appears that no one actually watched the entire video, and the issue was not pursued later in the trial. Marshall was convicted and sentenced to 25-years-to-life in prison.

The CRU was able to view the surveillance footage, which included two different angles. The footage shows a young man wearing a white t-shirt and dark pants, matching exactly the description of the shooter, walking along with another individual wearing all black. The footage shows the first man reaching under his shirt on his right side, removing an object from his waistband, handling the object by his right hip, then lowering his shirt back over his waist. When the two men go off screen, the footage shows two older men walking in the street in the same direction as the two young men. At one point the two older men stop and look toward the area of the shooting, then start walking back in the opposite direction while glancing over their shoulders. Moments later, the younger men in white and black are seen sprinting down the street away from the area of the shooting, never looking behind them. The one with the white shirt is seen with his right arm extended straight down by his side and slightly away from his body while appearing to be holding something.

A police note attached to the disc containing the surveillance footage lists several timestamps, none of which include the pertinent portions. The footage—which the defendant, in front of the jury, repeatedly asked to be shown to the jury—is grainy but seems to point to a different suspect. The CRU concluded that the videos were favorable to the defense and should have been turned over.

The reinvestigation also followed up on a pre-trial defense investigation (whose findings were not brought up at trial), in which a tipster claimed that the shooting was arranged by a drug dealer who lived next door to the victim and ordered a hit against a man he believed to be encroaching on his drug territory. The unknown tipster claimed that the deceased was killed by a 16-year-old in a case of mistaken identity. The dealer confirmed the drug trade dispute to the CRU but denied being involved in the murder.

Finally, the CRU identified serious errors that were committed by all parties. Defense counsel did not advocate effectively; his client raised valid questions that the attorney made clear were his client’s concerns and not his, effectively disparaging the defendant; he blindly accepted the representation that the video was unreadable, despite the fact that stills were made from it; and he didn’t prepare his client before he testified and did not question him on the stand. The prosecutor should have watched the video footage and not state without firsthand knowledge that the stills represented everything of significance in the footage. The judge responded to the defendant’s many outbursts with disdain; he instructed him to “shut up” and “be quiet” and told the defendant, in front of the jury, that the footage was “not relevant” despite never having watched it; when the defendant was testifying, the judge denigrated and belittled him in front of the jury; and he did not insist on playing the video. The police investigators didn’t seem to have watched the entire footage and likely falsely reported to the prosecutor that the stills showed all relevant parts of the footage.

Because of these mistakes and the failure to turn over evidence, Marshall was deprived of a fair trial. The District Attorney recommends that his conviction be vacated and the indictment dismissed. There are no viable avenues to further investigate the defense investigators’ claims.

To date, the work of the Conviction Review Unit has resulted in 39 convictions being vacated since 2014. Currently, CRU has approximately 60 open investigations.

This case was investigated by members of the Brooklyn District Attorney’s Conviction Review Unit, under the supervision of Charles Linehan, Unit Chief.

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