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FOR IMMEDIATE RELEASE

Friday, December 15, 2023

 

Williamsburg Man Sentenced to 10 Years in Prison

Following Conviction for Violent Assault of Modell’s Employees

Defendant Slashed One Worker in Back and Neck, Sliced Second Man Across Face

Brooklyn District Attorney Eric Gonzalez announced today that a Brooklyn man has been sentenced to 10 years in prison for assaulting two Modell’s Sporting Goods employees in Williamsburg after they tried to stop him from shoplifting.

District Attorney Gonzalez said, “Keeping the people of Brooklyn safe is my highest priority, and violent offenders like this defendant must face serious consequences. Today’s sentence holds him responsible for this vicious assault that injured and traumatized two young men.”

The District Attorney identified the defendant as John Whichard, 43, of Williamsburg, Brooklyn. The defendant was sentenced today by Brooklyn Supreme Court Justice John Hecht to 10 years in prison. The defendant was convicted of first-degree assault and second-degree assault on October 26, 2023, following a jury trial. A co-defendant, Gerald Rowlett, 53, of Williamsburg, was convicted of petit larceny and sentenced to six months jail.

The District Attorney said that, according to the evidence, on February 12, 2020, at approximately 11:35 a.m., the defendant and Rowlett were inside of a Modell’s Sporting Goods store located at 4 Graham Avenue in Williamsburg when they were approached by a store manager, who attempted to retrieve items the men placed in their bag. Two employees, both 20-year-old men, attempted to intervene and assist the store manager.

The defendant then slashed one employee in his back and the back of his neck and sliced the other employee across his face, according to the evidence. Both victims were treated at Woodhull Hospital. The defendants were arrested following an investigation.

The case was prosecuted by Senior Assistant District Attorney Jennifer DaRin and Assistant District Attorney Kirsten Tamayo, of the District Attorney’s Red Zone Trial Bureau, under the supervision of Assistant District Attorney Karla Watson, Bureau Chief.

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Friday, December 15, 2023

 

Brooklyn Woman Sentenced to 15 Years in Prison for

 Death of 9-year-old Daughter in Crown Heights Apartment

Child Died Trying to Escape Beating by Defendant, Hid Under Bed that Collapsed on Her

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn woman has been sentenced to 15 years in prison for beating her 9-year-old daughter, Shalom Guifarro, to death in the family’s apartment in Crown Heights. The defendant pleaded guilty to manslaughter in October.

District Attorney Gonzalez said, “The life of an innocent young girl was tragically and horrifically cut short at the hands of her own mother. Hopefully today’s sentence allows for some closure for all who were deeply affected by this heart wrenching case.”

The District Attorney identified the defendant as Shemene Cato, 50, of Crown Heights, Brooklyn. She was sentenced today by Brooklyn Supreme Court Justice Donald Leo to 15 years in prison. The defendant pleaded guilty to first-degree manslaughter on October 26, 2023.

The District Attorney said that, according to the evidence, on May 15, 2022, at approximately 8 a.m., inside the family’s fourth-floor apartment, located at 571 Lincoln Place, the defendant beat Shalom and another daughter, 13, with an electrical cord and a broom during an argument over a missing tablet. The beating lasted for approximately two hours. At one point, Shalom tried to escape the defendant by crawling under a bed. The defendant then lifted the bed and attempted to pull Shalom out from under it. According to the evidence, the defendant then dropped the bed, causing the leg to fall off, and the bed to fall on Shalom’s head.

Furthermore, according to the evidence, the defendant called 911 at 1 p.m., and EMS responded and performed CPR on Shalom, who was pronounced dead at 1:21 p.m. The Office of the Chief Medical Examiner later determined that the child suffered multiple blunt force impact injuries to her head, face, and body. The cause of death was blunt force trauma. The defendant’s 13-year-old daughter was taken to Brooklyn Hospital and treated for lacerations and contusions over her lower body.

The District Attorney thanked Special Victims Bureau Supervising Paralegal Melissa Palmaccio and Discovery Paralegal Julia Holman for their assistance on this case.

The case was prosecuted by Assistant District Attorney Linda Weinman, Counsel to the District Attorney’s Special Victims Bureau, and Senior Assistant District Attorney Kathleen Simpson, also of the Special Victims Bureau, under the supervision of Assistant District Attorney Miss Gregory, Bureau Chief.

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FOR IMMEDIATE RELEASE

Friday, December 8, 2023

Brooklyn Man Sentenced to 55 Years to Life for Shooting Death of Innocent Mother of Four, Attempted Murder of Two Men

Victim was Walking Home from Work When She was Struck by Stray Bullet

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been sentenced to 55 years to life in prison for the shooting death of a woman in Crown Heights as she was walking home from work. The defendant was firing at two men during the incident, including a 30-year-old man who was struck in the arm.

District Attorney Gonzalez said, “Limose Thomas, an innocent mother of four, had her life taken from her when this defendant coldly opened fire on a crowded street filled with pedestrians and bystanders, including young children, on a summer evening. My heart goes out to her family and friends, who hopefully find a measure of solace with today’s sentence.”

The District Attorney identified the defendant as Oliver Case, 31, of East New York, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Vincent Del Giudice to 55 years to life in prison. The defendant was convicted of second-degree murder and two counts of second-degree attempted murder on November 2, 2023, following a jury trial.

The District Attorney said that, according to the evidence, on August 19, 2021, at approximately 8:30 p.m., in the vicinity of 1525 Saint Johns Place in Crown Heights, the defendant opened fire on two men he was chasing, firing 10 shots. As the defendant chased one of the men, the defendant struck the man in his arm and also shot an innocent bystander, Limose Thomas, 54, who was walking home from work. She was struck once in the back when she attempted to run for safety.

The defendant was arrested on November 16, 2021, following an investigation.

The case was prosecuted by Senior Assistant District Attorney Daphney Gachette, of the District Attorney’s Homicide Bureau, and Senior Assistant District Attorney Stephanie Quon, of the District Attorney’s Orange Zone Trial Bureau, under the supervision of Assistant District Attorney Leila Rosini, Chief of the Homicide Bureau.

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FOR IMMEDIATE RELEASE

Monday, November 13, 2023

Brooklyn Woman Indicted for Defrauding or Attempting to Defraud Six Immigrants

Defendant Allegedly Claimed She Could Get Green Cards and Help with Immigration Services for a Fee,

Stole More than $38,000 from Individuals She Promised to Help

Brooklyn District Attorney Eric Gonzalez and Special Agent-in-Charge of Homeland Security Investigations, New York Ivan J. Arvelo today announced the indictment of a Sheepshead Bay woman who worked as a paralegal at a law firm for allegedly stealing thousands of dollars from prospective clients of the firm by falsely promising to provide legal services at a lower rate. In fact, it is alleged, she did no legal work for them and did not file any petitions. In two instances, it is alleged, she falsely stated that she was an attorney.

District Attorney Gonzalez said, “We allege that this defendant tried to enrich herself by targeting individuals from our vulnerable immigrant communities as they attempted to comply with federal requirements. In Brooklyn, we are committed to protecting our friends and neighbors in all immigrant communities from those who attempt to prey on them.”

Special Agent-in-Charge Arvelo said, “As alleged, Zoya Shamilova lured vulnerable individuals with promises of cheaper legal services as they navigated the immigration process. A wolf in sheep’s clothing, she is accused not only of stealing from her victims under the guise of legitimacy, but then threatening their livelihoods when they began to question her scheme. While our investigation found Shamilova charged each victim thousands of dollars, she is the person who will ultimately pay the greatest price. HSI New York’s Document and Benefit Fraud Task Force is unwavering in its commitment to protecting the public from bad actors preying upon defenseless communities.”

The District Attorney identified the defendant as Zoya Shamilova, 38, of Sheepshead Bay, Brooklyn. She was arraigned today by Brooklyn Supreme Court Justice Kim Petersen on a 17-count indictment in which she is charged with third-degree grand larceny, third-degree attempted grand larceny, first-degree immigrant assistance services fraud, first-degree attempted immigrant assistance services fraud, third-degree attempted coercion, practicing law without a license, and first-degree scheme to defraud. She was released without bail and ordered to return to court on January 17, 2024.

The District Attorney said that, according to the indictment, from approximately May 2022 to August 2023, the defendant falsely claimed she could help the victims with various immigration services including obtaining green cards and, in one instance, Temporary Protected Status, in exchange for approximately $4,500 to $16,250. The victims – who were from Poland, Ukraine, Serbia, India and Kazakhstan – met the defendant when they sought consultations with the law firm where she was employed as a paralegal, Shepelsky Law Group, located at 2415 Avenue U in Sheepshead Bay, Brooklyn.

After allegedly taking down payments from the victims, the defendant failed to file any petitions with the U.S. Citizenship and Immigration Services. She allegedly made excuses or simply ignored calls and text messages from clients seeking updates on the status of their cases. It is alleged the defendant threatened to report two undocumented individuals to immigration authorities after they questioned her about her work on their behalf.

The alleged fraud came to light after an individual texted Marina Shepelsky, Esq., the founder and managing partner of the law firm, to follow up on the status of her case, saying she had met with the defendant to retain the firm. After Shepelsky looked into the matter and found numerous documents related to the alleged fraudulent actions, she fired the defendant and reported the incident to KCDA and other law enforcement agencies.

People who believe they have been victimized by this defendant are encouraged to contact the District Attorney’s Action Center at 718-250-2340 or send an e-mail to ShamilovComplaints@brooklynda.org.

The District Attorney thanked Intelligence Analyst Veranika Basak, of the Investigations Division, Paralegal Specialist Kevin Yu, of the Immigrant Affairs Unit, and KCDA Detective Investigators, for their assistance on the case.

The case is being prosecuted by Senior Assistant District Attorney Sergey Marts, of the District Attorney’s Investigations Division, under the supervision of Assistant District Attorney Gloria Rios, Chief of the Immigrant Affairs Unit, and 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

Wednesday, November 8, 2023

Bath Beach Driver Sentenced to 3 to 9 Years in Prison for Causing Crash That Killed Passenger While Fleeing from NYPD on Eastern Parkway

Defendant Pleaded Guilty to Reckless Manslaughter in September

Brooklyn District Attorney Eric Gonzalez today announced that a Bath Beach man has been sentenced to 3 to 9 years in prison following his guilty plea to second-degree manslaughter for causing a collision with another car while fleeing from police on Eastern Parkway in 2022. One of the defendant’s passengers, 18, was killed in the crash.

District Attorney Gonzalez said, “This defendant’s recklessness behind the wheel and complete disregard for public safety cost an innocent young woman her life and seriously injured several others. He has now been held accountable and my office will continue to prosecute crimes involving vehicular violence to ensure the safety of Brooklyn’s streets.”

The District Attorney identified the defendant as Ackeem Chambers, 20, of Bath Beach, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Danny Chun to three to nine years in prison. The defendant pleaded guilty to second-degree manslaughter on September 9, 2023.

The District Attorney said that, according to the evidence, on February 6, 2022, at approximately 2:08 a.m., the defendant was driving a 2015 Hyundai Sonata erratically on Eastern Parkway. The car, which was carrying three passengers, had a temporary Texas license plate and excessively tinted windows. According to the evidence, officers from the New York City Police Department attempted a traffic stop. The defendant then accelerated and drove through a red light at the intersection of Eastern Parkway and Rogers Avenue where he collided with a 2007 Toyota Solara that had the right of way. The defendant’s vehicle spun and struck a streetlight before the airbags deployed.

One of the defendant’s backseat passengers, Jada Rollins, 18, was taken to Kings County Hospital where she was pronounced dead. A 20-year-old passenger suffered severe head trauma. A third passenger was also taken to Kings County Hospital and treated, as was the driver of the Toyota Solara. The defendant suffered minor injuries.

Investigators later determined that the defendant was driving at approximately 62.7 miles per hour before the crash and there was no indication that the vehicle’s brakes were deployed.

The case was prosecuted by Senior Assistant District Attorney Denise Montano, of the District Attorney’s Orange Zone Trial Bureau, under the supervision of Assistant District Attorney Michael Trabulsi and Assistant District Attorney Iris Das, Deputy Bureau Chiefs of the Orange Zone, and the overall supervision of Assistant District Attorney Danielle Eaddy, Chief of the Orange Zone, and Assistant District Attorney Jennifer Nocella, Chief of the District Attorney’s Street Safety Bureau.

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FOR IMMEDIATE RELEASE

Friday, October 20, 2023

Maryland Man Indicted for Murder of Brooklyn Woman Following Dispute Over Parking at Home Depot Lot in Bedford-Stuyvesant

Defendant Also Charged with Shooting and Injuring Victim’s Boyfriend

Brooklyn District Attorney Eric Gonzalez today announced that a Maryland man has been arraigned on an indictment in which he is charged with murder and attempted murder for allegedly opening fire on a car, killing a young woman and injuring her boyfriend following a dispute over a parking space.

District Attorney Gonzalez said, “Imani Sharpless was a young woman with her whole life ahead of her. She died senselessly after this defendant allegedly callously opened fire on two innocent people over a minor dispute, leaving her family and friends heartbroken. We will now seek to bring the defendant to justice.”

The District Attorney identified the defendant as Quincy James Davis, 58, of, Gwynn Oak, Maryland. He was arraigned today before Brooklyn Supreme Court Justice Vincent Del Giudice on an indictment in which he is charged with second-degree murder, second-degree attempted murder, first-degree assault, and second-degree criminal possession of a weapon. The defendant was ordered held without bail and to return to court on January 19, 2024. He faces up to 25 years to life in prison if convicted of the top count.

The District Attorney said that, according to the investigation, on September 9, 2023, at approximately 12:00 p.m., the defendant allegedly had a verbal dispute with a 35-year-old man over a parking spot at a Home Depot parking lot, located at 230 Nostrand Avenue in Bedford-Stuyvesant, Brooklyn. After parking his car, the man went into Home Depot. The defendant allegedly entered Home Depot and then turned around and left the store.

The man then left Home Depot and returned to his parked car, where his girlfriend, Imani Sharpless, 26, was waiting. He drove around the corner to Willoughby Avenue and Sandford Street. The defendant approached the victim’s car, walked toward the driver’s side of the vehicle and allegedly opened fire. The driver suffered a gunshot wound to his leg and a graze wound to his back. Ms. Sharpless suffered a gunshot wound to the head and was taken to Kings County Hospital. She died of her injuries on September 14, 2023.

The defendant was arrested on September 26, 2023 in Brooklyn following an investigation.

The District Attorney thanked Intelligence Analyst Austin Fedchock of the District Attorney’s Digital Evidence Lab and Paralegal James Morales of the District Attorney’s Homicide Bureau for their assistance on the case.

The case is being prosecuted by Senior Assistant District Attorney Joseph Mancino of the Homicide Bureau and Senior Assistant District Attorney Jessica Wishart of the Blue Zone Trial Bureau, under the overall supervision of Assistant District Attorney Leila Rosini, 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

Friday, October 20, 2023

Brooklyn Man Arraigned for Unprovoked Killing of Innocent Activist

Fatally Stabbed Victim in the Heart; Incident Caught on Surveillance Video

Brooklyn District Attorney Eric Gonzalez today announced that an 18-year-old Brooklyn man has been arraigned on an indictment charging him with murder for the random, unprovoked attack that killed Ryan Carson earlier this month. The attack was caught on video and additional evidence allegedly connected the defendant to the crime.

District Attorney Gonzalez said, “Ryan Carson was a promising and passionate man who worked to make our society better. Many of us watched the horrific video that showed his life being snuffed away senselessly, for no reason at all. We will now seek to hold his alleged killer fully accountable for this unspeakably brutal murder.”

The District Attorney identified the defendant as Brian Dowling, 18, of Bedford Stuyvesant, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which he is charged with second-degree murder and fourth-degree criminal possession of a weapon. He was ordered held without bail and to return to court on December 8, 2023. The defendant faces up to 25 years to life in prison if convicted of the top count.

The District Attorney said that, according to the investigation, on October 2, 2023, at approximately 3:50 a.m., outside of 57 Malcolm X Boulevard in Bedford-Stuyvesant, the defendant was allegedly walking angrily and kicking parked scooters. He observed the victim, who was walking behind him with his girlfriend.

According to the evidence, which includes a clear video of the incident, the defendant turned to the victim and started yelling at him, saying, in part, “I’m going to kill you.” He then allegedly swung a knife, striking the victim, who was trying to deescalate the confrontation. The victim attempted to flee but fell over a bus stop bench. The defendant then allegedly ran up to him and fatally stabbed him multiple times, striking his heart, as he lay on the ground.

The defendant allegedly flung the knife but returned moments later to retrieve it. A search revealed that a knife, believed to be the murder weapon, was hidden under greenery next to a nearby sidewalk.

The defendant turned himself in later that week. A subsequent search warrant of his apartment discovered multiple knives with similar handles to the handle of the knife that was recovered. Clothes matching the ones that the assailant was wearing in the video were also recovered.

The case is being prosecuted by Senior Assistant District Attorney Matthew Perry, of the District Attorney’s Homicide Bureau, under the supervision of Assistant District Attorney Leila Rosini, Homicide Bureau Chief.

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

FOR IMMEDIATE RELEASE

Friday, October 13, 2023

Long Island Man Indicted for Stealing $925,000 Through Deed Fraud

Involving Properties in Brooklyn and the Bronx

Defendant Allegedly Impersonated a CEO for One Theft,

Directed Someone Else to Impersonate a Deceased Homeowner for the Other

Brooklyn District Attorney Eric Gonzalez today announced that a Long Island man has been arraigned on an indictment in which he is charged with grand larceny for allegedly fraudulently transferring the titles of a property in Brooklyn and a property in the Bronx (where Lindbergh baby kidnapper Bruno Richard Hauptmann once resided) and selling them for a total of approximately $925,000. It is alleged the defendant went to elaborate lengths to perpetrate the two separate frauds, including using a variety of fraudulent documents and, in one case, had someone else impersonate a deceased Bronx homeowner at a closing. The defendant also allegedly attempted to steal nearly $300,000 in COVID-19 tax relief payments.

District Attorney Gonzalez said, “This defendant allegedly filled his pockets with the ill-gotten gains of two separate real estate transactions in which he stole – then sold – the titles to two New York City properties while also attempting to steal hundreds of thousands of dollars in COVID-19 tax relief funds. We will now seek to hold the defendant accountable and will continue to vigorously investigate and prosecute deed fraud.”

The District Attorney identified the defendant as Salome Vega, 46, of Hempstead, New York. The defendant was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which he was charged with two counts of second-degree grand larceny, second-degree criminal impersonation, and second-degree attempted grand-larceny. The defendant was ordered to return to court on December 6, 2023.

The District Attorney said that, according to the investigation, on August 6, 2019, the defendant allegedly sold the title to 1279 East 222^nd Street, a two-family house in the Bronx. At the closing, which was held at an office in Midwood, Brooklyn, the defendant had someone impersonate the property’s deceased owner when the defendant fraudulently sold the house to a buyer for $250,000. Bruno Richard Hauptmann, who was convicted of kidnapping Charles Lindbergh Jr., once resided in that East 222^nd Street house.

Furthermore, according to the investigation, six days later, on August 12, 2019, the defendant opened a business checking account for an entity with the same name as the decedent. On the same day, he allegedly deposited a $242,828 check from the sale of 1279 East 222^nd Street into the account. Over the next two months, the defendant allegedly emptied the account.

The title transfer was subsequently vacated by the Bronx County Public Administrator when it was discovered that the property owner of 1279 East 222^nd Street died on April 26, 2019, approximately four months before the closing.

Furthermore, according to the investigation, in February 2023, the defendant fraudulently sold 431-435 Autumn Avenue, which includes a two-family house attached to a vacant lot in East New York, Brooklyn, for $675,000. It is alleged the defendant did this by pretending to be the CEO of Merit Homes Inc., which owned the property. The defendant was not associated with Merit Homes Inc., nor was he authorized to sell the property. According to the investigation, the defendant, at the closing, requested that funds from the sale be made payable to him personally in amounts of $100,000, $200,000, $300,000, and $33,772 (the remainder of the funds went to closing costs). The defendant proceeded to cash the payments at various check cashing stores in Queens and Long Island.

It is also alleged that the defendant opened a fraudulent business account for a surveillance company on February 9, 2023. The following day, on February 10, 2023, the defendant, according to the investigation, caused a COVID-19 tax relief check from the IRS for $297,368.51 intended for the company to be deposited into this account at a TD Bank branch in Bay Ridge, Brooklyn. An alert bank employee spotted the fraud and froze the account before any funds could be withdrawn.

The District Attorney thanked the KCDA Detective Investigators for their assistance on this case.

The case is being prosecuted by Senior Assistant District Attorney Sergey Marts, of the District Attorney’s Frauds Bureau, and Assistant District Attorney Frank Longobardi, Chief of the District Attorney’s Construction Crimes and Labor Fraud Unit, under the supervision of Assistant District Attorney Richard Farrell, Chief of the District Attorney’s Real Estate Fraud Unit and Assistant District Attorney Gregory Pavlides, Chief of the Frauds Bureau, and the overall supervision of Assistant District Attorney Michel Spanakos, Deputy Chief of the Investigations Division and 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, September 28, 2023

Brooklyn Man Sentenced to 30 Years to Life in Prison

For Killing Another Man in Dispute Over Money

Key Witness Traveled to U.S. from Poland with Help from Federal Authorities

Brooklyn District Attorney Eric Gonzalez today announced that a 55-year-old Brooklyn man has been sentenced to 30 years to life in prison for killing a man outside of a homeless shelter during a dispute over money in 2015. The defendant was convicted in a retrial where a new witness testified after being located in Poland. That witness traveled back to the U.S. with help from the District Attorneys Detective Investigators assigned to the Homicide Bureau and agents from Homeland Security Investigations.

District Attorney Gonzalez said, “This defendant senselessly took the life of another man and, with today’s sentence, has been held responsible for this inexcusable crime. I am grateful to the dedicated prosecutors in my office, and to Homeland Security that assisted in securing a key witness, for ensuring that justice was done in this case.”

Ivan J. Arvelo, Special Agent in Charge of Homeland Security Investigations, New York, said, “HSI New York’s global reach and commitment to rectifying injustices was instrumental in securing Brannon’s conviction for his heinous crimes. This sentencing is a testament to the cooperation between the HSI New York Document & Benefit Fraud Task Force and the Brooklyn District Attorney’s Office and showcases their shared pursuit of justice.”

The District Attorney identified the defendant as Keith Brannon, 55, formerly of East New York, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice John Hecht to 30 years to life in prison. The defendant was convicted of second-degree murder, second-degree criminal possession of a weapon, and first-degree attempted robbery on September 14, 2023 following a jury trial.

The District Attorney said that, according to the evidence, on August 8, 2015, outside of a Brownsville homeless shelter on Sackman Street between Atlantic Avenue and Pacific Street, the defendant tried to rob and then fatally shot Christopher Tennison, 32, striking him once in the chest from pointblank range. Text messages before the murder showed that the defendant was demanding money from the victim.

A resident of a Bronx shelter where the defendant resided later found a gun under the defendant’s bed and turned it over to the authorities. The defendant’s DNA was found on the gun and ballistics proved it was the same gun used in the homicide.

The defendant was convicted in 2017 after multiple eyewitness testified, but the case was reversed on appeal due to a judicial error.

Before the retrial, investigators from the District Attorney’s Office were able to locate numerous former shelter residents, including that former shelter resident who found the gun and did not testify at the first trial. He lived in Poland and lacked the necessary resources and documentation to travel to the U.S. for the trial. Detective Investigators from the DA’s Office  and members of the NYPD DA Squad traveled to Poland and, with assistance from Homeland Security Investigations, helped secure emergency documentation and facilitate the witness’s return so he could testify.

The District Attorney thanked HSI New York’s Document and Benefit Fraud Task Force, KCDA Detective Investigators, NYPD DA Squad detectives, and Special Counsel for Immigrant Affairs David Satnarine, for their assistance on the case, especially their work in securing the aforementioned witness and other witnesses. Homicide Paralegals Amanda Connolly and Angelika Rostkowska, and Senior Intelligence Analyst Christina Stewart also provided assistance with the case.

The case was prosecuted by Senior Assistant District Attorney Matthew Perry, of the District Attorney’s Homicide Bureau, and Senior Assistant District Attorney Andrew Gruna, of the District Attorney’s Orange Zone Trial Bureau, under the supervision of Assistant District Attorney Leila Rosini, Homicide Chief.

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Wednesday, September 27, 2023

Construction Company Operator Sentenced to up to Four Years in Prison

For Causing Laborer’s Death in Brooklyn Wall Collapse

Ignored Workers’ Safety Concerns, Industry Protocols, and Concerns

Expressed by Adjacent Property Owners; Foreperson Also Convicted

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 Jimmy Oddo, today announced that the operator of a Sunset Park construction company has been sentenced to two to four years in prison in connection with an excavation wall collapse that killed a construction worker, Luis Sanchez Almonte, who was buried under thousands of pounds of debris. The site’s foreperson was convicted of criminal mischief and is awaiting sentencing.

District Attorney Gonzalez said, “The death of Luis Sanchez Almonte was not an accident but a preventable disaster that was caused by disregard of safety protocols and reported signs of danger. The prison term imposed today is an affirmation of these facts – and also a message that those who put their workers in jeopardy will pay a steep price when their actions result in tragedy. I would like to thank DOI, DOB and OSHA for working in partnership with my office to obtain a measure of justice and accountability in this important case.”

Commissioner Strauber said, “Ignoring construction safety laws can have tragic and deadly consequences, as it did in this case. The custodial sentence imposed on Jiaxi Liu is a warning to construction company owners that prioritize speed and cost over worker safety. I am grateful to Brooklyn District Attorney Eric Gonzalez, the City Buildings Department and the Occupational Safety and Health Administration for their partnership in this case and their commitment to hold accountable those who maintain hazardous construction sites.”

Commissioner Oddo said, “Ignoring safety regulations on construction sites must have consequences. Securing prison time in this case sends an important message to the entire construction industry – endangering the lives of workers and the public is unacceptable. The Brooklyn DA’s Office, DOI, and OSHA have been invaluable partners in pushing for greater construction safety in our City, and we thank them for doggedly pursuing this important case.”

The District Attorney identified the defendant as Jiaxi “Jimmy” Liu, 49, of Staten Island. He was sentenced today by Brooklyn Supreme Court Justice Danny Chun to two to four years in prison following his bench trial conviction in March of criminally negligent homicide, first-degree offering a false instrument for filing, fraudulent practices in violation of worker’s compensation laws, fourth-degree city criminal tax fraud, and related counts. (The DA’s Office recommended a sentence of 5 to 11 years.)

Wilson Garcia, 48, of Staten Island, who served as the foreman at the construction site was convicted of fourth-degree criminal mischief. He is expected to be sentenced on October 18, 2023. Two other codefendants previously entered guilty pleas: Jia Rong “Tommy” Liu, 52, of Brooklyn, to petit larceny, and Cindy Chai, 45, of Staten Island, to tax fraud.

The District Attorney said that, according to the evidence, between April and September 2018, construction workers employed by WSC Group Inc., owned by Liu, performed demolition, excavation and foundation work at a construction site at 714 39th Street in Sunset Park. The construction involved removing a one-story industrial building and replacing it with a four-story manufacturing and community facility, including a new cellar level that would serve as an underground garage approximately nine feet below the first-floor level.

Despite warnings of dangerous conditions at the site from workers and adjacent property owners, Liu refused to stop work at the site. On September 12, 2018, at approximately 2 p.m., a portion of a support of excavation system (SOE) and an existing masonry wall – adjacent to residential apartment buildings – collapsed, trapping one of the construction workers who was performing foundation work in the immediate vicinity. That worker, Luis Sanchez Almonte, 47, an employee of WSC Group, was struck by one of the underpinning pin sections, which weighed well over 15,000 pounds and was buried under the collapsing debris. First responders couldn’t recover Almonte’s body until the following day due to unstable conditions at the site, which were worsened by significant rain.

The District Attorney said that the evidence showed that Liu ran WSC Group, the company hired to perform the excavation work and it was his responsibility to give instructions to the foreperson and workers. Garcia served as the foreperson and “competent person,” designated to identify hazards and take immediate action to correct the hazards on site.

According to the evidence, the defendants were obligated by law to ensure that the construction site was in compliance with regulations promulgated by the DOB and Occupational Safety and Health Administration to ensure the safety of the work site, but, in fact, the site was not in compliance and, furthermore, the defendants failed to follow the design plans submitted and approved by the DOB. They solicited new plans, which were not submitted to DOB, but ultimately didn’t follow any plans, leading to hazardous conditions at the site. Among the issues: the underpinning system wasn’t installed properly; and safe bracing procedures were not followed.

Furthermore, in the days prior to September 12, 2018, Liu was informed of a number of potentially dangerous conditions, including that the rear wall was moving forward and that some support was needed in order to stop the wall’s movement. He was also notified by a resident who lived immediately adjacent to the rear wall that her patio and garage had caved in. Despite those warnings, Liu refused to direct the workers to install additional bracing and never halted work at the site in order to assess or remedy the conditions. Nor did he notify DOB about the conditions.

Instead, he ordered workers to continue working on the underpinning at the rear of the site and in the days immediately preceding the collapse allowed a trucking company to continue to remove truckloads of dirt during a heavy rainstorm, further destabilizing the site and contributing to the fatal collapse.

In addition, WSC defrauded the New York State Insurance Fund by making false statements about who it was employing, and also committed tax fraud by failing to file taxes between 2015 and 2018.

The case was investigated by DOI, specifically the late Investigative Inspector Ross Hoffman and Chief Investigator James McElligott, under the supervision of Inspector General Gregory Cho and Deputy Commissioner/Chief of Investigations Dominick Zarrella, with assistance from DOI’s squad of NYPD Detectives.

DOB Executive Engineer for Engineering Services Geoff Eisele and Assistant Chief Inspector Greg Gonzalez assisted in the investigation. New York State Insurance Fund Investigator Maliaka Williams, Division of Confidential Investigations and OSHA Safety Engineer Mitchel Konca and Safety Engineer James Ng, also assisted in the investigation.

The New York City Sheriff’s Bureau of Criminal Investigation’s Tax Auditor Giselle Decamps-Guthrie and Bureau Chief Gary Wong assisted in the investigation.

The case was prosecuted by Assistant District Attorney Frank Longobardi, Chief of the District Attorney’s Construction Crimes and Labor Fraud Unit, under the supervision of Assistant District Attorney Gregory Pavlides, Chief of the District Attorney’s Fraud Bureau, and 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 Investigations.

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