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FOR IMMEDIATE RELEASE

Wednesday, June 21, 2023

Brooklyn Man Sentenced to 22 Years to Life in Prison for Double Murder

Pleaded Guilty to Shooting and Stabbing His Girlfriend’s Mother and Her Stepfather,

Victims were Slain in Their Sheepshead Bay Apartment 

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been sentenced to 22 years to life in prison for participating in the murder of his former girlfriend’s mother and her stepfather. Each of the victims was shot and stabbed.

District Attorney Gonzalez said, “Today’s lengthy sentence holds this defendant accountable for his role in this brutal and horrific double murder that robbed two innocent victims of their lives. The depravity of these crimes cannot be overstated, and while no sentence can bring the victims back to their family and friends, I hope this sentence offers them some sense of solace.”

The District Attorney identified the defendant as Jerry Maisonett, 35, of Sunset Park, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Niki Warin to 22 years to life in prison. The defendant pleaded guilty to first-degree murder on August 8, 2022.

The District Attorney said that, according to the investigation, on December 28, 2015, at approximately 3:30 p.m., the defendant, acting in concert with another person, shot and stabbed Rosie Sanchez, 38 and Anderson Nunez, 40, in their apartment located at 2364 Batchelder Street, in Sheepshead Bay, Brooklyn. The defendant’s former girlfriend, Destiny Garcia, also lived in the apartment.

Rosie Sanchez was shot in the head and stabbed in the heart. Anderson Nunez was shot twice and stabbed more than 30 times.

The defendant was arrested on February 16, 2016, following an investigation.

Destiny Garcia, 22, was arrested on January 4, 2016, after she made statements about the killings to a cousin, who alerted police. She was convicted of two counts of first-degree manslaughter and one count of second-degree criminal possession of a weapon following a jury trial and will be sentenced on August 3, 2023.

The case was prosecuted by Assistant District Attorney Ernest Chin, Deputy Chief of the District Attorney’s Homicide Bureau and Senior Assistant District Attorney Sarah Jafari, also of the Homicide Bureau, under the supervision of Assistant District Attorney Leila Rosini, Homicide Bureau Chief.

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FOR IMMEDIATE RELEASE

Wednesday, June 14, 2023

Wrong Way Driver Sentenced to 9 Years in Prison for Striking and Killing

Three-Month-Old Baby, Seriously Injuring Her Mother

Defendant Crashed into Another Vehicle, Causing Both Cars to Jump the Curb,

As Mother, Father and Child were Crossing the Street

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been sentenced to nine years in prison for driving against traffic on a one-way street and colliding with another vehicle, jumping the curb, and striking a family walking with a stroller. A baby, 3-month-old Apolline Mong Guillemin, died and her mother sustained serious injuries.

District Attorney Gonzalez said, “This defendant’s reckless driving took the life of a precious young child, seriously injured her mother and devastated both parents. We are committed to improving the safety of Brooklyn’s streets, and I hope the family finds a measure of solace with today’s sentencing, knowing this defendant will be off the streets for a long time.”

The District Attorney identified the defendant as Tyrik Mott, 30, of Prospect Heights, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Danny Chun to nine years in prison. The defendant pleaded guilty to first- and second-degree assault, second-degree manslaughter, second-degree attempted robbery, reckless driving, second-degree aggravated unlicensed operation of a motor vehicle, and leaving the scene of an incident without reporting on March 22, 2023.

The District Attorney said that, according to the investigation, on September 11, 2021 at approximately 6 p.m., the defendant drove a Honda Civic eastbound on a portion of Gates Avenue that is a westbound one-way street. He entered the intersection at Vanderbilt Avenue, a two-way street, and collided with another Honda Civic driving north with the light. The two cars then jumped the curb and struck a couple walking with a stroller on Gates Avenue.

Three-month-old Apolline Mong Guillemin died of her injuries and her mother suffered serious injuries and was taken to Methodist Hospital. Her father sustained minor injuries. The driver of the Honda the defendant collided with was also injured.

After the crash, the defendant ran out of his vehicle and fled on foot, discarding a dark colored jersey he was wearing. He then attempted to carjack a Hyundai Santa Fe on Atlantic Avenue, about two blocks away. As he was doing so, he was apprehended by responding police officers. His driver’s license was suspended at the time of the incident.

The case was prosecuted by Assistant District Attorney Lana Schlesinger, Deputy Chief of the District Attorney’s Green Zone Trial Bureau (formerly of the Homicide Bureau) and Senior Assistant District Attorney Joseph Mancino, of the District Attorney’s Homicide Bureau, under the supervision of Assistant District Attorney Leila Rosini, Homicide Bureau Chief.

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FOR IMMEDIATE RELEASE

Friday, May 5, 2023

 

Brooklyn Man Sentenced to 25 Years to Life in Prison for Murder of Former Girlfriend and Attempted Murder of Her Mother

Victim Was Shot Five Times as She Walked Near Her Home with Her Mother and Friend

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been sentenced to 25 years to life in prison for shooting to death his former girlfriend, with whom he shared two children.

District Attorney Gonzalez said, “This defendant’s calculated, cold-blooded murder cut short Sade Sanchez’s life and robbed her family and friends of a beloved mother, daughter, and friend. With today’s substantial prison sentence, this defendant will no longer be a threat to anyone else in our community.”

The District Attorney identified the defendant as Gabriel Rivera, 30, of Ridgewood, Queens. He was sentenced today by Brooklyn Supreme Court Justice Rhonda Tomlinson to 25 years to life in prison. The defendant pleaded guilty to second-degree murder, second-degree attempted murder, second-degree criminal possession of a weapon, third-degree attempted assault, and first-degree stalking on March 29, 2023.

The District Attorney said that, according to the investigation, on approximately September 1, 2018, Sade Sanchez, 24, ended a nine-year relationship with the defendant, with whom she shared two children. Thereafter, he called and texted her repeatedly and showed up outside of her Bushwick home stalking her.

Furthermore, according to the investigation, on October 6, 2018, the defendant showed up outside of the victim’s home, located on Menahan Street, and saw a 21-year-old male friend of the victim hanging out in front of the house. The defendant punched the man three times in the head and told him that no one could be with his woman.

Finally, according to the investigation, on October 7, 2018, the victim was walking on Menahan Street with her 46-year-old mother and the same friend who was punched by the defendant a day earlier, when the defendant approached from behind a car, pulled out a firearm and shot Ms. Sanchez five times. After she fell to the ground, he continued to fire at her. He then pointed the gun in her mother’s face and pulled the trigger, but the gun did not fire.

The defendant fled the scene and was arrested the following day.

The case was prosecuted by Assistant District Attorney Sabeeha Madni, First Deputy Chief of the School Advocacy and Juvenile Crimes Bureau (formerly of the District Attorney’s Domestic Violence Bureau), under the supervision of Executive Assistant District Attorney Michelle Kaminsky, Chief of the District Attorney’s Gender-Based Violence Division.

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FOR IMMEDIATE RELEASE

Thursday, May 4, 2023

 

Brooklyn Man Sentenced to 19 Years in Prison for Killing Ex-Girlfriend 

Defendant Slashed Victim in Neck with Knife During a Dispute

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn has been sentenced to 19 years in prison for killing his ex-girlfriend by fatally slitting her throat. He pleaded guilty to manslaughter last month.

District Attorney Gonzalez said, “With today’s sentence the defendant has been held responsible for the vicious and deadly stabbing of an innocent woman and mother. Today’s lengthy prison sentence is a step toward justice for the victim’s family and friends.”

The District Attorney identified the defendant as Romeo Borneo, 63, of Prospect Lefferts Gardens, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Abena Darkeh to 19 years in prison and five years of post-release supervision. He pleaded guilty to first-degree manslaughter on April 3, 2023.

The District Attorney said that, according to the evidence, on November 13, 2018, at approximately 11 a.m., at 25 Lefferts Avenue, the defendant called police stating that he and the victim, Erica Renaud, 47, had a fight and that he had been cut. Police and emergency medical personnel arrived at the address and found the defendant with cut marks on his wrist.

Furthermore, during a search of the apartment, police found the vicitm’s body under a pile of blood-stained bedding and pillows on the living room floor. The victim’s throat was cut. The defendant told police he and the victim, who had recently ended their relationship, had a fight. Detectives subsequently found a broken knife in the garbage with what appeared to be blood stains on it.

The medical examiner later determined the victim’s cause of death to be a wound to the neck which led to a fatal loss of blood.

The case was prosecuted by Senior Assistant District Attorney Farin Chasin-Fodeman, of the District Attorney’s Domestic Violence Bureau, under the supervision of Assistant District Attorney Kori Medow, Bureau Chief.

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FOR IMMEDIATE RELEASE

Wednesday, April 19, 2023

Brooklyn District Attorney Eric Gonzalez to

Host Prescription Drug Take Back

Safe, Convenient Way to Dispose of Expired and Unused

Prescription Drugs Will Be Provided in 13 Brooklyn Locations

          Brooklyn District Attorney Eric Gonzalez today announced that, together with the New York City Police Department and the Drug Enforcement Administration’s New York Division, his Office will host a Prescription Drug Give Back on Friday, April 21, 2023, between 9:30 a.m. and 4 p.m. The initiative, held one day before the DEA’s National Prescription Drug Take Back Day, will provide a safe, convenient, and responsible means of disposing of prescription drugs, while educating the public about the potential for abuse of medications.

District Attorney Gonzalez said, “Unused prescription medications can fall into the hands of children or get stolen and sold to those who misuse drugs. It is essential to safely dispose of these medications as a measure to help prevent opioid addiction before it begins, which is why we have partnered for the first Rx Take Back in Brooklyn. On Friday, across 13 locations throughout the borough, residents are encouraged to turn in expired and unused prescription drugs in a way that doesn’t impact our environment and makes us all safer and healthier.”

NYPD Commissioner Keechant L. Sewell said, “Events like these are an important part of the NYPD and our law enforcement partners’ efforts to fight the nationwide overdose epidemic and save lives. We encourage everyone – across Brooklyn, and across New York City as a whole – to share the responsibility for public safety by properly disposing of unneeded prescription medications. This is how we will continue to keep all of our communities safe.”

DEA Special Agent in Charge Frank A. Tarentino III said, “For more than a decade DEA has helped Americans rid their homes of old, unwanted, or expired medications at our National Prescription Drug Take Back Day. I applaud our partners at the Brooklyn District Attorney’s Office and the New York City Police Department for their efforts to expand this program within the communities they serve. The DEA New York Division is pleased to partner with Brooklyn District Attorney’s Office and New York City Police Department in this preventative effort to safeguard homes from prescription drug misuse.”

The District Attorney said that, according to a National Survey on Drug Use and Health, more than 11.5 million people age 12 and older misuse a prescription pain reliever each year. More than 40 percent of those drugs are obtained from friends and family members – typically without their knowledge. National Prescription Drug Take Back Day is aimed at addressing this issue while providing education about the danger of misuse of prescribed medication.

On Friday, April 21, between 9:30 a.m. and 4 p.m., safe drop off sites for expired and unused medication will be available to the public throughout Brooklyn, no questions asked. The 13 locations, including the lobby of the DA’s Office, community centers, senior centers and churches, will be staffed with uniformed officers and include educational literature. The full list of locations is available in the attached flyer.

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FOR IMMEDIATE RELEASE

Monday, April 10, 2023

Queens Man Sentenced to Prison for Stealing School Bus,

Crashing into Numerous Vehicles and Causing Injuries to Other Drivers

   Defendant Ignored Police Orders to Stop, Fled with Officers Holding on to Bus

Brooklyn District Attorney Eric Gonzalez today announced that a Queens man has been sentenced to seven years in prison for stealing a school bus in East Flatbush and driving recklessly across multiple police precincts, damaging property and other vehicles, and injuring other drivers. The defendant pleaded guilty to attempted assault last month.

District Attorney Gonzalez said, “Today’s sentence holds this defendant accountable for his brazenly reckless conduct that caused mayhem across several communities and put countless lives at risk. Thankfully there were not more serious injuries to the police officers and the public.”

The District Attorney identified the defendant as Anthony Reyes, 44, of Jamaica, Queens. He was sentenced today by Brooklyn Supreme Court Justice Jane Tully to seven years in prison and five years’ post-release supervision. The defendant pleaded guilty to first-degree attempted assault on February 10, 2023.

The District Attorney said that, according to the investigation, on December 2, 2021, at approximately 1:30 p.m., the defendant stole an unoccupied school bus, with keys in the ignition and the engine running from the driveway of a house on East 51^st Street in East Flatbush in the 67^th precinct. A call was placed to 911 to report the stolen bus, along with its GPS location.

Within a short period of time police officers saw the bus parked in the 75^th precinct, near 138 Jackie Robinson Parkway, with the defendant in the driver’s seat. Police approached the vehicle and the defendant started to drive away, even though one officer was holding on to the vehicle. Eventually, the officer let go as the defendant fled in the bus.

Within approximately 30 minutes, in the confines of the 73^rd and 75^th precincts, the defendant rammed into the side of a building and continued driving. He then rammed into multiple vehicles, both parked and in the middle of the street stopped at a traffic light. Two of the vehicles still had individuals inside during the impact. One of the vehicles he struck was occupied by a woman, and police managed to pull her out of the vehicle before the defendant struck it a second time, dragging the vehicle down the street. Eventually, the defendant was apprehended by police in the confines of the 75^th precinct. used in the shooting was recovered from a trashcan in front of a nearby building.

As a result of the incident, multiple people suffered minor injuries.

The case was prosecuted by Senior Assistant District Attorney Aleena Peerzada and Assistant District Attorney Kaitlin Kinsella, of the District Attorney’s Blue Zone Trial Bureau, under the supervision of Assistant District Attorney Kin Ng, Bureau Chief.

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FOR IMMEDIATE RELEASE

Friday, March 31, 2023

Defendant Sentenced to 17 Years in Prison for Attempted Murder of Former Girlfriend, who was Beaten, Stabbed and Left for Dead

Defendant Located in California and was Returned to Brooklyn Five Years After Attack 

Brooklyn District Attorney Eric Gonzalez today announced that a former Brooklyn resident was sentenced to 17 years in prison for beating his former girlfriend over several hours, repeatedly stabbing her, and slashing her throat. He fled from New York following the 2016 attack, was arrested in California in 2021 and convicted at trial last month.

District Attorney Gonzalez said, “This was a life altering assault that the victim survived because of her will to live for her children.  She showed tremendous courage by coming to court and testifying against her abuser and detailing the many physical and emotional traumas she suffers to this day. I also commend our prosecutors for their commitment to bringing the defendant to justice.”

The District Attorney identified the defendant as Jun Zhang, 59, formerly of Sunset Park, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice E. Niki Warin to 17 years in prison and five years’ post-release supervision. The defendant was convicted of second-degree attempted murder, first-degree assault, and fourth-degree criminal possession of a weapon on February 1, 2023, following a jury trial. The judge also issued a 30-year full order of protection.

The District Attorney said that, according to the evidence, the victim, a 49-year-old woman, and the defendant, her ex-boyfriend, managed Relax Spa, a massage parlor located at 5911 7^th Avenue, in Sunset Park, at the time of the incident.

Furthermore, according to the evidence, on August 23, 2016, at approximately 4 a.m., inside of Relax Spa, the defendant accused the victim of cheating on him, pushed her onto a couch, pulled her hair, picked up a knife, threatened her and prevented her from leaving.

The abuse continued over several hours, according to the evidence, with the defendant eventually throwing the victim to the floor, punching her in the face, stomping on her body, stabbing her in the chest, and slicing her throat multiple times with a knife. He then dragged her into a massage room and left her on the floor. When he eventually returned, he placed his fingers under the victim’s nose, but she held her breath and pretended to be dead.

When the defendant finally left the massage parlor, according to the evidence, the victim managed to make it out on to the street, where she collapsed. Two calls were made to 911, indicating that a woman covered in blood was sitting on some stairs on a sidewalk. Emergency medical technicians responded, and she was rushed to the hospital where she was intubated and remained for a month. She was treated for brain bleeding, a liver laceration, collapsed lungs, deep lacerations to her neck and puncture wounds to her chest. A doctor testified at trial that she had lost 30 to 40 percent of her blood.

The defendant fled New York, but on May 10, 2021 he was arrested in connection with a shooting in California. That case was not prosecuted because the victim did not cooperate. His fingerprints, however, triggered the New York warrant for his arrest and he was extradited to Brooklyn to stand trial.

The case was prosecuted by Senior Assistant District Attorney Shaun Prunotto, of the District Attorney’s Domestic Violence Bureau, and Assistant District Attorney Amanda Fisher, Deputy DV Bureau Chief, with the assistance of Assistant District Attorney Michele Guo, also of the DV Bureau, under the supervision of Assistant District Attorney Kori Medow, Bureau Chief.

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FOR IMMEDIATE RELEASE

Thursday, March 30, 2023

Staten Island Man Sentenced to Prison for LGBTQ Hate Crime

Defendant Struck Two Victims with Metal Object and Shouted Anti-Gay Slurs

Brooklyn District Attorney Eric Gonzalez today announced that a Staten Island man has been sentenced to up to four years in prison for assaulting two people outside of a deli in Flatbush, one of whom was an acquaintance.

District Attorney Gonzalez said, “Attacks victimizing the LGBTQ+ community have surged nationwide, and we have no tolerance for this abhorrent violence in Brooklyn. Today’s sentence holds the defendant accountable for this senseless and unprovoked attack and sends a strong message that those who commit hate crimes will face serious consequences.”

The District Attorney identified the defendant as Aaron Richard, 33, of Staten Island, New York. He was sentenced yesterday to two to four years in prison by Brooklyn Supreme Court Justice John Hecht. The defendant pleaded guilty to third-degree assault as a hate crime on March 15, 2023.

The District Attorney said that, on July 8, 2022, at approximately 5:45 p.m., in the vicinity of 533 Ocean Avenue in Brooklyn, the defendant approached a 22-year-old man with whom he was acquainted as he stood in front of a deli with another person and shouted: “Yo, you f—–s got to go. Let’s get these f—–s out of here. You need to move off this corner.”

The defendant then struck the man in the face with a metal object, causing a laceration. When the second person tried to intervene, that person was struck in the hand with the metal object and suffered a cut.

The defendant was located and arrested on August 30, 2022.

The case was prosecuted by Assistant District Attorney Katherine Gardzalla, of the District Attorney’s Hate Crimes Bureau, and Assistant District Attorney Kelli M. Muse, Chief of the Hate Crimes Bureau.

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FOR IMMEDIATE RELEASE

Friday, March 24, 2023

Doctor and Office Manager at Brighton Beach Medical Clinic

Indicted for $700,000 Healthcare Fraud

Defendants Allegedly Billed Medicaid for Non-Existent Services While Selling $500,000 Worth of Prescriptions for Opioids, Narcotics and Other Controlled Substances

Brooklyn District Attorney Eric Gonzalez, together with New York City Department of Social Services Acting Commissioner Molly Wasow Park, today announced that a doctor and office manager at a Brighton Beach medical clinic have been arraigned on an indictment in which they are charged with grand larceny and healthcare fraud for allegedly defrauding Medicaid out of hundreds of thousands of dollars. In total, the defendants are alleged to have stolen more than $700,000 over a four-year period by fraudulently billing Medicaid for non-existent services and by selling prescriptions for narcotics, opioids, and other controlled substances to patients they were not treating.

District Attorney Gonzalez said, “As the opioid epidemic continues to claim the lives of thousands of New Yorkers each year, it is unconscionable that these medical professionals allegedly endangered their patients’ health, trafficked in controlled substances, and stole hundreds of thousands from Medicaid. Anyone who contributes to the growth of prescription drug abuse, imperils the health and safety of Brooklyn residents, or rips off the taxpayers will be held accountable.”

Department of Social Services Acting Commissioner Park said, “The alleged conduct of these individuals is absolutely unacceptable and a clear violation of their duties as trusted medical professionals. We thank the Brooklyn District Attorney’s Office and our own DSS Investigators for thoroughly investigating this case and demonstrating that those who exploit our vulnerable neighbors and endanger our communities will face repercussions.”

The District Attorney identified the defendants as Dr. Alexander Ivanov, 66, of Perth Amboy, New Jersey, and Svetlana Kozlovskaya, 64, of Brighton Beach, Brooklyn. They were arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which they are charged with second- and third-degree grand larceny and healthcare fraud. The defendants were released without bail and ordered to return to court on May 31, 2023.

The District Attorney said that, according to the investigation, from approximately 2017 to 2020, the defendants ran a psychiatry practice and pain management clinic at 115 Brightwater Court in Brighton Beach where they allegedly billed Medicaid and other healthcare administrators for more than $200,000 worth of psychotherapy sessions that were never administered. Additionally, it is alleged that Dr. Ivanov wrote over $500,000 worth of prescriptions for controlled substances to patients in exchange for cash. The controlled substances included suboxone, alprazolam, amphetamine, clonazepam, diazepam, methadone, morphine, oxycodone, and tramadol. According to the investigation, many of the doctor’s patients were, in fact, substance abusers who were not receiving any kind of treatment or examination at the clinic. Furthermore, it is alleged there was no bloodwork or urinalysis performed to monitor the patients’ drug intake levels. The prescriptions were subsequently filled and paid for by Medicaid and other healthcare administrators.

The case was investigated by Detective Investigators from the District Attorney’s office, the New York City Department of Social Services, and United States Department of Health and Human Services.

The case is being prosecuted by Senior Assistant District Attorney Pamela J. Murray, of the District Attorney’s Frauds Bureau, under the supervision of Assistant District Attorney Patricia McNeill, Chief of the District Attorney’s Investigations Division.

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

 

FOR IMMEDIATE RELEASE

Thursday, March 16, 2023

Brooklyn District Attorney Moves to Vacate Wrongful Conviction of

Man Who Pleaded Guilty to Manslaughter After Real Killer Confessed

Was Initially Convicted of 1990 Murder but Agreed to Plead Guilty to Get Out of Prison

After Serving 19 Years; Consistently Maintained his Friend was the Gunman

Brooklyn District Attorney Eric Gonzalez today announced that following a thorough investigation by his Conviction Review Unit (CRU), he will move to vacate the conviction of Emel McDowell, 50, who was convicted of a 1990 murder in Bedford-Stuyvesant. After maintaining his innocence while serving 19 years for murder, the defendant pleaded guilty to manslaughter in 2009 under an agreement that allowed him to be released from prison. He has consistently claimed that his friend was the killer, and he wasn’t involved, which the CRU confirmed when that individual confessed, explaining that he acted in self-defense. The full CRU report is available here.

District Attorney Gonzalez said, “Our legal system failed Emel McDowell when he was wrongfully convicted of murder in 1990 and his release years later was conditioned on an admission to a crime he did not commit. A full reinvestigation by our Conviction Review Unit confirmed that another individual fatally shot the victim, as Mr. McDowell has consistently maintained, and today we will ask to give him his good name back. As prosecutors, it is our obligation to do justice in every case, and I am committed to continuing this important work to enhance fairness and community trust.”

Mr. McDowell will appear in court today at 11 a.m. before Brooklyn Supreme Court Justice Matthew D’Emic at 320 Jay Street, 15^th Floor.

The District Attorney said that based on the testimony of two witnesses, McDowell, who was 17 at the time of the murder, was convicted of killing 19-year-old Jonathan Powell following a fight inside a party in the early hours of October 27, 1990. The police investigation lasted less than 24 hours despite conflicting accounts from several witnesses. In his statement to investigating officers, McDowell claimed that it was his friend who shot and killed the victim.

Despite indications from other witnesses that the friend may have been culpable, only McDowell stood trial. A jury convicted him of murder and weapons possession, and he was sentenced to 22 years to life in prison. McDowell subsequently drafted and filed numerous motions proclaiming his innocence and asking that his conviction be thrown out or that his sentence be reduced. In a 2007 motion to set aside the verdict, the defendant submitted a letter, sent to him from his former friend in 1991, in which the former friend alluded to the fact that he was responsible, writing in part: “I don’t think I deserve to walk the face of the earth because one of my friends is locked up, for something that he didn’t do.”

The 2007 motion also included affidavits from six witnesses, all of whom said McDowell was not the shooter, and three of whom indicated that it was the friend who shot the victim. A judge ordered a hearing and, before it commenced, prosecutors offered the defendant a plea to manslaughter and a sentence of six to 18 years, which effectively meant that he could be released from prison. When accepting the plea, after lengthy consideration, the defendant admitted in court that he possessed a handgun and was acting in concert with his friend when the friend fatally shot the victim.

McDowell’s lawyer asked CRU to reinvestigate the case, claiming that his client was pressured to plead guilty because he didn’t want to spend one more day in prison for a crime he didn’t commit. The Unit reinterviewed many of the witnesses as well as others involved in the prosecution and became all but convinced of the veracity of the former friend’s 1991 letter. CRU also confirmed that the letter was given to the defense attorney before trial, but he did not investigate it and did not alert the prosecution to its existence.

The CRU interviewed the former friend in the presence of his attorney. He said that there was an altercation inside the party between McDowell’s and his group of friends, and another group of young men, including the deceased. He went on to say that, as the group exited the location, the deceased (who earlier threatened to kill the friend and members of his group) ran at them and he then shot him in self-defense. He added that the McDowell was not armed. The friend also confirmed that he was never contacted by McDowell’s defense lawyer. The CRU found that his “demeanor and emotional state throughout the interview demonstrated that he was overwhelmed with guilt and relieved to confess.”

The CRU further found that the short police investigation was inadequate as it did not explore the distinct possibility, advanced by some of the witnesses, that the friend was the shooter. That was likely due to tunnel vision and confirmation bias that led “the police to focus on one suspect and discount evidence to the contrary,” according to the report. It also found that the defense counsel failed to follow up on evidence implicating the friend, which CRU reviewed and found persuasive.

In light of these findings, the CRU concluded that the plea agreement to manslaughter – offered by prosecutors in good faith and accepted by the defendant reluctantly – was not warranted. Accordingly, it recommended that the conviction be vacated, and the underlying indictment dismissed.

The CRU referred the case to the Homicide Bureau to determine the viability of any additional prosecution.

To date, the work of the Conviction Review Unit has resulted in the vacatur of 35 convictions since 2014. Currently, CRU has approximately 50 open investigations.

This case was investigated by Assistant District Attorney Rachel Kalman of the District Attorney’s Conviction Review Unit, with assistance from Assistant District Attorney Lori Glachman, under the supervision of Charles Linehan, Unit Chief.

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