About omar morhbi

FOR IMMEDIATE RELEASE

Thursday, March 9, 2023

Driver Charged in Deadly Williamsburg Hit and Run

Allegedly Left Scene After Striking and Injuring Pedestrian

In Crosswalk Near the Brooklyn Navy Yard

Brooklyn District Attorney Eric Gonzalez today announced that a Queens man has been indicted for second-degree manslaughter, second-degree reckless endangerment, and other related charges in connection with a fatal hit and run in Williamsburg in which he allegedly struck a 59-year-old pedestrian in the crosswalk. The victim, a grandmother, suffered severe head injuries and later died.

District Attorney Gonzalez said, “Instead of stopping to call an ambulance or offer aid, this defendant heartlessly left the scene after he allegedly struck and fatally injured a beloved grandmother and cherished member of the community. After a thorough investigation, we will now seek to hold the defendant accountable for his dangerous and criminal conduct. I am committed to keeping Brooklyn’s streets safe for all people.”

The District Attorney identified the defendant as Daniel K. Buckley, 67, of Queens. He was arraigned today before Brooklyn Supreme Court Justice Matthew Sciarrino on an indictment in which he is charged with second-degree manslaughter, criminally negligent homicide, three counts of leaving the scene of an incident without reporting, second-degree reckless endangerment, reckless driving, two counts of failure to yield, improper driving on roadways laned for traffic, violating a pedestrian’s right of way in a crosswalk, and making an illegal left turn. The judge ordered the defendant to be released without bail and to return to court on May 19, 2023. He faces up to five to 15 years in prison if convicted of the top count.

The District Attorney said that, according to the investigation, on November 28, 2022, at about 5:45 p.m., the defendant was driving his 2005 GMC Envoy out of the Brooklyn Navy Yard where he was employed as a swing truck operator for the television series “The Blacklist.” Based on video surveillance obtained during the investigation, the defendant took the exit onto Kent Avenue, driving across the two-way street and into oncoming traffic. In order to avoid colliding with two vehicles travelling on Kent Avenue, the defendant allegedly made an illegal turn onto Taylor Street where he struck a pedestrian, Leah Kohn, 59, in the crosswalk.

Furthermore, according to the investigation, video surveillance shows the defendant driving off without stopping as the victim, who had the right of way, lay bleeding on the pavement.

The victim was taken to Bellevue Hospital Center where she died on December 17, 2022, due to complications from blunt force trauma to the head.

This case was investigated by New York City Police Department Detective Curt Cunningham, of the Collision Investigation Squad and Detective Investigators for the District Attorney’s office.

This case is being prosecuted by Senior Assistant District Attorney Joseph T. Tillman, and Assistant District Attorney Molly Sheehan, both of the Grey Zone Trial Bureau, under the supervision of Courtney Hogg, Deputy Bureau Chief, Grey Zone, Robert Walsh, Bureau Chief Grey Zone, and Jennifer Nocella, Deputy Bureau Chief, Street Safety Bureau.

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

 

FOR IMMEDIATE RELEASE

Thursday, March 9, 2023

Brooklyn District Attorney Moves to Vacate Wrongful Conviction of

Man Who Spent Over 18 Years in Prison Despite Botched Identification

Detectives Used Photo Array ID of Different Person as Probable Cause to Make Arrest, Later Misled Court About That; Prosecutorial and Judicial Errors Compounded Police Misconduct

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 Sheldon Thomas, 35, who was convicted of a 2004 murder in East Flatbush. The DA will also ask to dismiss the indictment and free Mr. Thomas, who’s been incarcerated for over 18 years. The defendant was arrested based on a witness identification of a different person with the same name – a mistake that was first concealed and then explained away during the proceedings. In fact, the reinvestigation concluded that detectives were intent on arresting the defendant and used the faulty identification procedure as pretext. The complete CRU report on the case is available here.

District Attorney Gonzalez said, “We must strive to ensure fairness and integrity in every case and have the courage to correct mistakes of the past. That is what we are doing in this case, where an extensive reinvestigation by my Conviction Review Unit revealed that it was compromised from the very start by grave errors and lack of probable cause to arrest Mr. Thomas. He was further deprived of his due process rights when the prosecution proceeded even after the erroneous identification came to light, making his conviction fundamentally unfair. I am determined to continue doing this critical work whenever we discover a questionable conviction in Brooklyn.”

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

The District Attorney said that three alleged gang members, including Thomas, were charged with killing 14-year-old Anderson Bercy and wounding another individual on December 24, 2004, in East Flatbush, Brooklyn. The evidence indicated that two guns were used and that the shooters were inside a white car. A witness initially identified two men she knew, who did not include defendant Thomas, as being in the car.

The case detective then asked to unseal the defendant’s prior arrest so he could use his picture in a photo array (that prior case involved the defendant pointing an inoperable gun at officers and resisting arrest). Before that request was completed, detectives obtained a photo of another Sheldon Thomas from a police database. They showed an array with that photo to the witness, who identified the wrong Thomas as being in the car with 90 percent certainty. Based on her identification, the detectives went to the defendant’s address – not to the address of the Sheldon Thomas whose photo the witness had identified – and arrested him. The defendant denied any involvement in the homicide, but the same witness who identified the other Thomas in the array also identified defendant Thomas in a lineup – effectively identifying two different people as the perpetrator. Thomas was then indicted along with the two others.

It wasn’t until a pretrial hearing in June 2006 that the array identification of the wrong Thomas came to light. After initially identifying the defendant as the Thomas in the photo array and testifying that he had never seen him before the arrest, Detective Robert Reedy, on cross examination, admitted that he falsely testified, and the defendant was actually not in the array. Another detective testified for the first time that the defendant got on their radar based on an anonymous tip and also conceded that, when questioned a few days after the murder, the defendant had told them that it wasn’t him in the photo array. (There is no indication the detectives memorialized this information and the partner’s claim that he had reported the array error to a prosecutor before the grand jury presentation was refuted in affirmations from prosecutors.)

Despite these revelations, the judge found that there was probable cause to arrest Thomas based on “verified information from unknown callers” and the fact that he resembled the other Thomas from the photo array. (Then-retired Det. Reedy was later disciplined following an investigation by the Internal Affairs Bureau.)

Before the trial started, the DA’s Office dismissed the charges against one of the three suspects, who the same witness failed to identify in a double-blind lineup and because prosecutors thought he had a credible alibi. Thomas stood trial with a codefendant, who allegedly threatened the victims two days before the shooting. The jury acquitted that codefendant. Thomas was convicted of second-degree murder, attempted murder and related counts, and was sentenced to 25 years to life in prison.

The CRU conducted a full reinvestigation and reinterviewed many of the witnesses involved in the case. It concluded that the defendant was denied due process at every stage, making his conviction fundamentally unfair. The reinvestigation found that detectives, particularly Reedy, repeatedly harassed the defendant after his gun arrest. That substantiated conduct contradicts the detective’s testimony that he had never seen the defendant before and can explain why he arrested him for the murder despite the lack of evidence.

The CRU concluded that the witness’ identifications of Thomas were prompted by the detectives. It also concluded that – despite assertions by police, prosecutors, the trial judge and an appellate panel – the Thomas in the photo array and the defendant do not look alike. Notably, in a study commissioned by the defense, 32 law students of color were shown a photo of the defendant (who is black) and then the photo array. Of them, 27 concluded the defendant was not in the photo array. Of the other five, only one thought the Thomas in the array was the defendant.

The CRU found no evidence that anonymous tips played a part in the police’s interest in the defendant as a suspect and concluded that, under the circumstance involving the erroneous photo array, there was no probable cause to make the arrest. It found the prosecutor’s tactic after the mistaken identification came to light – which was to discount the array because the witness wasn’t 100 percent sure – to be improper, since prosecutors had previously notified the defense that defendant had been identified in a photo array. The prosecutor also improperly elicited testimony that the witness saw the suspect whose case was later dismissed shooting from the car – without the jury knowing that the driver’s case was dismissed. Finally, the CRU identified serious errors by the defense counsel that were detrimental to his client and determined that judicial decisions were based on misrepresentations.

For all these reasons and others, the CRU recommended to vacate the conviction as “the errors undermined the integrity of the entire judicial process and defendant’s resulting conviction.” Because the evidence was and is defective, the case cannot be retried, and the CRU recommended to dismiss the underlying indictment.

To date, the work of the Conviction Review Unit has resulted in 34 convictions being vacated since 2014. Currently, CRU has approximately 50 open investigations.

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

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FOR IMMEDIATE RELEASE

Monday, February 27, 2023

 

Veteran Court Employee Indicted for Stealing over $69,000 

 Defendant Worked as Supervising Cashier in the Kings County Clerk’s Office

Brooklyn District Attorney Eric Gonzalez, together with New York State Unified Court System Inspector General Sherrill Spatz, today announced that a Staten Island woman has been arraigned on an indictment in which she is charged with grand larceny, tampering with public records, falsifying business records, offering a false instrument for filing, and official misconduct for allegedly stealing more than $69,000 by voiding cash transactions involving court filings and pocketing the money.

District Attorney Gonzalez said, “This defendant’s alleged theft is a betrayal of the trust of her employer and the public. We will now seek to recover the funds allegedly stolen from the court and hold this defendant accountable.”

Inspector General Spatz said, “We appreciate the hard work of the Office of Court Administration auditors and the support and efforts of the Brooklyn District Attorney’s Office to further investigate and prosecute this case.”

The District Attorney identified the defendant as Lori Argiro-DiPietro, 55, of Staten Island, New York. She was arraigned today before Brooklyn Supreme Court Justice Danny Chun on a 47-count indictment in which she is charged with second-degree grand larceny, first-degree tampering with public records, first-degree falsifying business records, first-degree offering a false instrument for filing, and official misconduct. She was released without bail and ordered to return to court on April 26, 2023.

It is alleged that between January 1, 2020 and August 9, 2022, the defendant allegedly voided at least 436 cash transactions totaling $69,515.50 according to the investigation.

It is further alleged that the defendant stole the $69,515.50 by voiding cash transactions involving persons who paid to file or obtain documents from the Court, such as divorce or business certificate filings. Although the defendant filed the documents or provided copies to the persons seeking them, she allegedly voided the transactions in the records of the New York State Unified Court System and kept the funds.

Argiro-DiPietro worked for the Unified Court System for 37 years before she was terminated on August 10, 2022. The investigation began following a routine audit by the NYS Unified Court System’s Internal Audit Services office of the financial records and internal controls of the Kings County Clerk’s Office, specifically relating to cash receipts and disbursements of KCCO’s Cashier’s Office.

The case was referred to the District Attorney’s office by the Unified Court System’s Inspector General’s Office.

The case is being prosecuted by Senior Assistant District Attorney Tammy Chung of the District Attorney’s Public Integrity Bureau, under the supervision of Assistant District Attorney Adam Libove, Deputy Bureau Chief, and Assistant District Attorney Laura Neubauer, Bureau Chief, and the overall supervision of Assistant District Attorney Michel Spanakos, Deputy Chief of the District Attorney’s 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

Wednesday, February 22, 2023

 

Coney Island Teenagers Indicted for Beating and Stabbing Death of

17-Year-Old Boy in After School Gang Assault

 Thirteen-Year-Old Charged with Murder for Allegedly Stabbing Victim to Death; Co-Defendants Charged with Manslaughter for Allegedly Kicking and Punching Victim

            Brooklyn District Attorney Eric Gonzalez today announced that three teenagers have been arraigned on an indictment in which they are variously charged with murder, manslaughter and gang assault for allegedly fatally attacking a 17-year-old boy in Coney Island in an after-school assault stemming from a dispute over a girl.

            District Attorney Gonzalez said, “Nyheem Wright had his whole life ahead of him when he was brutally and senselessly murdered, and my heart goes out to his family, friends and all those impacted by this horrific crime. That this terrible attack was allegedly committed by young teenagers is shocking and heartbreaking, but we will not tolerate this kind of violence in Brooklyn, and my office will vigorously seek justice on Nyheem’s behalf.”

            The District Attorney said the defendants are 13- ,14- and 16-year-old boys, all of Coney Island, Brooklyn. They were arraigned today before Brooklyn Supreme Court Justice Craig Walker on an indictment in which they are variously charged with second-degree murder, first-degree manslaughter and first- and second-degree gang assault. The 13- year-old defendant is being held without bail, the 14-year-old’s bail is set at $50,000 cash or $75,000 bond and the 16-year-old’s bail is set at $75,000 cash or $100,000 bond. The defendants were ordered to return to court on April 12, 2023. The 13-year-old faces a maximum sentence of nine years to life in prison if convicted of the top count with which he is charged. The two other defendants face up to 10 years in prison if convicted of the top count with which they are charged.

            The District Attorney said that, according to the investigation, on January 20, 2023, at approximately 3:15 p.m., the victim, Nyheem Wright, 17, was in front of a strip mall located at 3001 Mermaid Avenue with his twin brother when he was allegedly surrounded by the defendants and a fight ensued. The two older defendants allegedly kicked and punched Nyheem about the head and body and the youngest defendant then allegedly charged at the victim and stabbed him in the torso.

            The defendants fled the scene and turned themselves into police two days later.

            Nyheem Wright died of a stab wound to the torso, according to the Office of the New York City Chief Medical Examiner.

            The case is being prosecuted by Senior Assistant District Attorney Jhounelle Cunningham, 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

Wednesday, February 1, 2023

Man Indicted for Sex Trafficking of Teenage Girl

Defendant Allegedly Paid for Teen to Travel to New York

From Kansas City to Engage in Prostitution

Brooklyn District Attorney Eric Gonzalez today announced that a man has been arraigned on an indictment in which he is charged with sex trafficking of a child and other charges for allegedly luring a 16-year-old girl from Kansas City, Missouri to come to New York and engage in prostitution.

District Attorney Gonzalez said, “This defendant allegedly exploited a vulnerable teenager to engage in prostitution over several days before she called her mother seeking help. We are grateful for the police who brought her to safety, and deeply committed to seeking justice for this victim and all those impacted by this abhorrent crime.”

The District Attorney identified the defendant as Diamond Stewart, 28, of Los Angeles, California.  He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which he is charged with sex trafficking of a child, attempted sex trafficking of a child, second-, third- and fourth-degree promoting prostitution, third-degree rape, third-degree criminal sexual act, sexual misconduct and endangering the welfare of a child. The defendant was ordered held on bail of $250,000 cash or $1 million bond and to return to court on March 22, 2023. He faces up to 25 years in prison and would be required to register as a sex offender if convicted of the top count.

The District Attorney said that, according to the investigation, the defendant messaged the 16-year-old victim, who was living in Kansas City, on Instagram, and they messaged back and forth for a period of time. The defendant then allegedly offered to pay for the defendant to fly to New York and told her she would be engaging in prostitution in exchange for money.

The victim arrived in New York City on December 22, 2022, and the defendant allegedly called an Uber for her that took her to the Thatford Hotel in Brownsville, according to the investigation. The victim then checked into a room that the defendant had allegedly paid for in advance of her arrival. The defendant then allegedly went to the hotel and met with the victim, telling her she would be walking the “track” in East New York and telling her what prices to charge for various sexual acts.

The defendant allegedly drove around the track and took the money the victim earned while engaging in prostitution on the track, in freezing temperatures, including 9-degree temperatures over the holiday weekend. The victim called her mother on December 25, 2022 and told her mother what was happening and asked for help. Her mother was able to get in contact with the 75^th Precinct and police officers from the precinct found the victim at the track and she was taken to the police station and then to the hospital.

It is alleged that in addition to the teen victim, the defendant was also promoting prostitution of a 21-year-old woman from California.

The case was investigated by New York City Police Department Detective Antonio Pagan of the joint NYPD/FBI Child Exploitation and Human Trafficking Task Force, under the supervision of Lieutenant Joseph Picarello and Captain Thomas Milano.

The District Attorney thanked Special Agents assigned to the Los Angeles field office on the FBI Child Exploitation & Human Trafficking Task Force for their assistance in the investigation.

Senior Intelligence Analyst Kayleigh Homer of the District Attorney’s Digital Evidence Lab Intelligence Unit assisted in the investigation.

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

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

 

FOR IMMEDIATE RELEASE

Friday, December 30, 2022

Homicides and Shootings Continued to Drop in Brooklyn in 2022,

Driving Citywide Decline in Gun Violence During Past Two Years

Shootings in Brooklyn Decreased by 31% and Homicides Went Down by 21%,

Since the 2020 Peak, Accounting for About 88% of the Decline in Murders and 83% of the Declines in

Shootings and Shooting Victims Across New York City Over that Time Period

Brooklyn District Attorney Eric Gonzalez today announced that Brooklyn continued to make gains in public safety during 2022, with homicides declining by 8% and shootings decreasing by 13% compared to 2021. These encouraging trends amount to a reversal of the spike in gun violence during the height of the Covid-19 pandemic in 2020 – shootings in Brooklyn dropped by 31% over the past two years, representing over 83% of the citywide decline during that period. Similarly, the number of shooting victims declined by 33%, accounting for over 83% of the citywide decrease, and murders went down by 21%, making up a whopping 88% of the citywide decline in the past two years. However, index crimes in Brooklyn rose by about 21% in 2022. The Brooklyn DA’s Office continued to focus on reducing gun violence by targeting violent street gangs, partnering with community-based organizations to prevent at-risk youth from becoming either perpetrators or victims of gun violence, and enhancing efforts to better prosecute gun crimes and to take firearms off the streets.

District Attorney Gonzalez said, “I am happy to report that public safety in Brooklyn continued to improve over the past year, as we rebound from the spike in violence that we experienced during 2020. The significant declines in murders and shootings in our borough are driving the citywide gains against gun violence and are a testament to the hard work and focused approach by my Office, the NYPD and all of our partners. We still have work to do as we pledge to drive down gun crimes even further and contend with upticks in other crime categories, but I am confident that we are on the right track. I remain committed to targeting the most violent individuals and to growing our partnerships with community-based groups, violence interrupters and others who are engaged in preventative strategies.”

The District Attorney said that 138 homicides (nine of which were reclassified from incidents that happened in previous years) were recorded in Brooklyn during 2022 – 12 fewer or down 8% compared to the previous year. Shooting incidents dipped by 67 (13%) for a total of 448, and shooting victims decreased by 76 (12%) for a total of 543. These numbers are comparable to statistics from the mid-2010s.

Taking a two-year view to analyze the long-term recovery from the spike in gun violence during 2020 – which was likely caused by a global pandemic, social and economic upheavals, and other factors – shows that Brooklyn is the driving force behind public safety improvements in New York City. Murders went down by over 21% with the 37 fewer homicides making up about 88% of the citywide decline (from 468 in 2020 to 426 to 2022 citywide). Shootings in Brooklyn dropped by 31% during that timeframe and the 204 fewer shootings represent 83% of the citywide decline. Similarly, the number of shooting victims declined by 265, or 33%, accounting for 83% of the citywide decline.

The most notable drops in homicide in Brooklyn over the past year took place in Coney Island, East Flatbush, Midwood, Bushwick and Fort Greene, with all of those neighborhoods experiencing a 50% decrease or more. Some of the more historically violent precincts saw homicides numbers remain the same as in 2021 but shootings declined in most of them: by 42% in Bedford-Stuyvesant, 18% in Brownsville and 14% in Crown Heights, while East New York had a 12% increase.

The seven major index crimes (murder, rape, robbery, felony assault, burglary, grand larceny and grand theft auto) increased in Brooklyn by 20.5% last year compared to 2021. But in that aspect too, Brooklyn has seen better trends that New York City as a whole: while the most populous borough, it wasn’t the leading contributor in any of those crime categories when compared to the four other boroughs, and the percentage increase was the second smallest among the five boroughs. It also had the smallest percentage increase than any other borough when compared to 2020.

[All stats are based on the New York City Police Department’s preliminary CompStat reports as of December 30, 2022.]

The District Attorney said that his Office, together with the NYPD, continued to target the most violent individuals in our communities who are responsible for the majority of gun violence. In November, 32 alleged members of two rival Brownsville gangs were indicted in connection with 19 shootings, two of them fatal, which wounded several innocent bystanders, including a 3-year-old girl. Another component of DA Gonzalez’s multi-pronged strategy to reduce violence involves community participation, such as Gun Buyback events. A total of 315 firearms were surrendered during three events in 2022: a record 206 weapons this month in Bed-Stuy, 69 in Clinton Hill, as reported by the New Yorker, and 40 in Flatbush. The DA’s Office also hosted a number of preventative educational programs, including youth summits and workshops, and issued a Stop Violence report that summarized its comprehensive approach to driving down shootings, which includes a $2 million investment in a new Digital Evidence Lab, a new Ghost Gun Unit and an executive position focusing on gun violence reduction.

In other groundbreaking moves, DA Gonzalez announced a restructuring of his Office in October with the creation of a new Gender-Based Violence Division that placed the Domestic Violence and Sex Crimes Bureaus, the Human Trafficking, Crimes Against Children and Victim Services Units, Family Justice Center operations and the U-Visa practice under a single umbrella. In September, the DA moved to dismiss 378 convictions that relied on 13 police officers who were later convicted of misconduct – one of the largest mass exonerations in U.S. history.

Over the past year, the Brooklyn DA’s Office also extended and expanded its engagement efforts across Brooklyn communities – an important part of the District Attorney’s goal of strengthening community trust in the legal system. Some highlights of these wide-ranging efforts included a deed fraud prevention forum, a resource fair for newly-arrived asylum seekers, an immigration clinic for people from the Ukraine, a successful back-to-school Summerfest in Coney Island, and much more.

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FOR IMMEDIATE RELEASE

Thursday, December 22, 2022

Former Williamsburg Man Indicted for Operating a Ponzi Scheme,

Stealing Over $1.3 Million from More Than 20 Victims

Defendant Allegedly Spent Stolen Funds on Rent, Restaurants and Travel;

Victims Include Church in Queens and Numerous Churchgoers

Brooklyn District Attorney Eric Gonzalez today announced that a former Williamsburg man has been arraigned on a 56-count indictment in which he is charged with stealing over $1.3 million from over 20 people in a Ponzi scheme in which he allegedly posed as a securities broker and wooed investors with promises of high rates of return. It is alleged the defendant did not invest the victims’ funds in the stock market as promised, but instead spent the money on rent, restaurants, travel, and leasing luxury cars.

District Attorney Gonzalez said, “This defendant allegedly defrauded over 20 hardworking people out of their savings in what amounted to an elaborate Ponzi scheme. Our investigation revealed that he targeted many churchgoers whose trust he allegedly betrayed.  Financial fraud will be investigated and prosecuted vigorously by my Office with the goal of making victims whole and holding alleged swindlers accountable.”

The District Attorney identified the defendant as Mark Ramkishun, 28, of Orlando, Florida. He was arraigned today before Brooklyn Supreme Court Justice Phyllis Chu on a 56-count indictment in which he is charged with second-, third-, and fourth-degree grand larceny, first-degree scheme to defraud, issuing false financial statements, and violations of the Martin Act. He was ordered released without bail and to return to court on February 15, 2023.

The District Attorney said that, between March 2019 and September 2022, the defendant allegedly operated a fraudulent investment scheme in which he told his victims he was a securities broker and solicited them to invest $20,000 or more in his company, Leo Growl LLC. The defendant claimed to be able to achieve monthly returns of $2,000 to $3,000 for every $20,000 invested and had his victims sign bogus contracts with him. After obtaining the money, the defendant allegedly provided his victims with false brokerage statements from E*TRADE Securities that purported to show monthly trading profits, which did not, in fact, exist.

According to the investigation, the defendant did not invest the victims’ funds in the stock market as promised, nor did the defendant open brokerage accounts on behalf of the victims at a broker-dealer. Instead, the defendant allegedly embezzled the funds, paying for rent in Brooklyn, and living a lavish lifestyle that included leasing luxury cars and paying for restaurants and travel. The defendant purportedly diverted some of the money obtained from new investors to pay previous investors. Approximately $360,000 of his victims’ money was allegedly dispersed this way.

            According to the investigation, many of the defendant’s victims were members of the Healing Center Church in Ozone Park, Queens, where the defendant’s parents are former members and served as church elders before moving to Florida in 2021. The church itself invested with the defendant, making it the largest known victim of the alleged Ponzi scheme.

The case was investigated following a tip to the District Attorney’s Action Center.

The case is being prosecuted by Special Counsel for Complex Investigations Michael Choi, of the District Attorney’s Investigations Division, and Senior Assistant District Attorney Nicole Lauterbach, under the supervision of Assistant District Attorney Michel Spanakos, Deputy Chief of the Investigations Division and the overall supervision of Assistant District Attorney Patricia McNeill, Chief of the Investigations Division.

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

 

FOR IMMEDIATE RELEASE

Tuesday, December 13, 2022

Brooklyn Man Sentenced to up to 21 Years in Prison for

East Flatbush Shooting That Killed an Innocent Teen

Defendant Was Looking for Rival Gang Members When He Shot 15-year-old Victim

            Brooklyn District Attorney Eric Gonzalez today announced that a member of a violent Brooklyn street gang has been sentenced to up to 21 years in prison for a February 2017 shooting in East Flatbush that left one teenager dead and another injured. The defendant was looking for rival gang members to shoot when he came across the victim, an innocent bystander, and shot him.

            District Attorney Gonzalez said, “This defendant took the life of an innocent teen in a cold-blooded act of gun violence that left a family forever traumatized. We will not allow this type of gang activity on the streets of Brooklyn. Today’s sentence ensures that the defendant is no longer a danger to our community.”

            The District Attorney identified the defendant as Zidon Clarke, 23, of, Flatbush, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Danny Chun to a determinate term of 20 years in prison on the charge of first-degree manslaughter and an indeterminate term of seven to 21 years in prison on the charge of conspiracy to commit murder. The terms were ordered to run concurrently. The defendant was convicted of first-degree manslaughter, conspiracy to commit murder, first-degree attempted assault, fourth-degree conspiracy, second-degree criminal possession of a weapon, criminal use of a firearm, and first-degree reckless endangerment on November 21, 2022, following a bench trial.

            The District Attorney said that, according to the evidence, on February 20, 2017, at about 2:20 p.m., in front of 92 East 55 Street near Lenox Road in East Flatbush, the defendant, who is a member of the “SRK” subset of the Folk Nation street gang, was out hunting for rival gang members to shoot when he came across the victim, Rohan Levy, and three of the victim’s friends as they walked through East Flatbush. The victim, a student at Williamsburg High School for Architecture and Design, was returning home after playing basketball.

            According to the evidence, the defendant got out of the passenger seat of a Honda Accord and fired five shots from a .380 caliber handgun, striking Levy in the back of the head and another teen, 18, in the leg. A fragment of the bullet shell entered Rohan’s brain. The teen died three days later at Kings County Hospital.

            The defendant fled the scene in the Honda Accord. He was arrested on April 5, 2017, after the New York City Police Department released video showing him getting into the car.

            The case was prosecuted by Senior Assistant District Attorney Matthew Perry of the District Attorney’s Homicide Bureau and Assistant District Attorney Alfred C. Deingeniis, Chief of the District Attorney’s Violent Criminal Enterprises Bureau.

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FOR IMMEDIATE RELEASE

Friday, December 9, 2022

Brooklyn Father Arraigned in Death of 23-Month-Old Daughter

Defendant Allegedly Hit Toddler in Head, Causing Traumatic Brain Injury

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been arraigned on an indictment in which he is charged with manslaughter, criminally negligent homicide, and other charges after he allegedly hit his 23-month-old daughter in the head, causing her death. The child died from a traumatic brain injury one day before her second birthday.

District Attorney Gonzalez said, “A precious and innocent child was fatally injured, allegedly at the hands of the person responsible for nurturing and protecting her. My heart is with the little girl’s family, and we will now seek to hold this defendant accountable.”

            The District Attorney identified the defendant as Robert Wright, 33, of Brownsville, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Donald on an indictment in which he is charged with second-degree manslaughter, second-degree assault, criminally negligent homicide and endangering the welfare of a child. Wright was released on $100,000 bail and was ordered to return to court on January 27, 2023.

            The District Attorney said that, according to the investigation, on October 4, 2022, at approximately 10:30 a.m., the defendant hit his daughter in the back of the head with a closed fist. The defendant later told investigators he had taken a nap with the child and hit her as he was waking up from a dream. The incident occurred in the Brooklyn home he shared with the child and other family members.

            According to the investigation, the victim’s mother returned home and observed that the child was lethargic. Family members later observed the child bleeding from the mouth. The child was taken to Brookdale Hospital, where a scan revealed bleeding and swelling to the brain. The child went into cardiac arrest before being transferred to Cohen Children’s Medical Center. She was pronounced deceased on October 5, 2022. The New York City Medical Examiner later determined the child had suffered a traumatic brain injury with the cause of death ruled to be blunt force impact to the head.

The case is being prosecuted by Assistant District Attorney Kevin O’Donnell, Deputy Chief of the District Attorney’s Special Victims Bureau and Senior Assistant District Attorney Sapna Kishnani, under the supervision of Assistant District Attorney Miss Gregory, Bureau Chief.

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

 

FOR IMMEDIATE RELEASE

Friday, November 4, 2022

 

Brooklyn Couple Indicted for Fatal Shooting of TSA Worker

Defendants Allegedly Tailed Victim in Vehicle Before Killing Him in East Flatbush

            Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn couple has been arraigned on an indictment in which they are charged with murder in connection with the fatal shooting of a longtime Transportation Security Administration worker. The 45-year-old victim was shot twice from behind near East 35th Street and Church Avenue in East Flatbush.

            District Attorney Gonzalez said, “This was a cold-blooded killing that took the life of an innocent man. We will never tolerate such acts of violence in Brooklyn and will now work to bring these two defendants to justice.”

            The District Attorney identified the defendants as Richard Barrett, 34, and Irene Brown, 32, of East Flatbush, Brooklyn. Barrett was arraigned today before Brooklyn Supreme Court Justice Vincent Del Giudice on an indictment in which he and Brown are charged with second-degree murder and two counts of second-degree criminal possession of a weapon. Barrett is being held without bail.  Brown was arraigned on October 25, 2022 before Justice Del Giudice. She was ordered held without bail. Both defendants were ordered to return to court on January 11, 2023. They each face a maximum sentence of 25 years to life in prison if convicted of the top count.

            The District Attorney said that, according to the investigation, on May 29, 2022, at approximately 12:20 a.m., Barret allegedly approached the victim, Donovan Davy, from behind near 3423 Church Avenue. Barrett then allegedly fired several shots from a .380-caliber semi-automatic handgun, striking the victim in the back of the neck and right leg. Davy was taken to Kings County Hospital where he was pronounced dead. The victim was a longtime TSA employee who worked at John F. Kennedy Airport for nearly 20 years.

            Furthermore, according to the investigation, Barrett then allegedly fled the location in a 2010 Nissan Maxima driven by Brown. Video surveillance footage obtained by the New York City Police Department allegedly shows the Nissan Maxima drop off Barrett before the shooting and pick him up afterward. Cellular telephone data also allegedly tie both Barrett and Brown to the vehicle, which surveillance shows tailing an unsuspecting Davy as he travelled through Central Brooklyn on foot and by bus.

            Furthermore, according to the investigation, the Nissan is registered to Brown, who allegedly changed the vehicle’s license plate on June 6, 2022, about a week after the murder. Both defendants were arrested on September 1, 2022 and apprehended in the same 2010 Nissan Maxima.

            The case is being prosecuted by Senior Assistant District Attorney Robert Schwartz of the District Attorney’s Homicide Bureau, Senior Assistant District Attorney Han Zhang of the District Attorney’s Blue Zone Trial Bureau, and Assistant District Attorney Reema Moosa of the District Attorney’s Law Enforcement Assistance Unit, under the supervision of Leila Rosini, Chief of the Homicide Bureau.

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