Press Releases

FOR IMMEDIATE RELEASE

Wednesday, September 21, 2022

 

Brooklyn Man Sentenced to 30 Years in Prison for Stabbing Police Officer in Neck, Shooting His Partner and Firing Gun at Police Officers Who Responded to Scene, Wounding a Third Officer

Defendant Pleaded Guilty to Multiple Counts in March

            Brooklyn District Attorney Eric Gonzalez today announced that a Flatbush man has been sentenced to 30 years in prison following his guilty plea to several counts of aggravated assault on a police officer and related charges for stabbing a police officer in the neck, taking the injured officer’s gun, using it to shoot the officer’s partner in the hand and also firing it at responding police officers, wounding a third officer.

            District Attorney Gonzalez said, “It’s a miracle none of these brave officers were killed when they were ambushed, stabbed, and shot by this brazen extremist. We have no tolerance for violence toward our law enforcement colleagues, and this long prison sentence holds him accountable for his depraved and unconscionable crimes.”

            The District Attorney identified the defendant as Dzenan Camovic, 23, of Flatbush, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Danny Chun to 30 years in prison. The defendant pleaded guilty to three counts of aggravated assault on a police officer, two counts of second-degree criminal possession of a weapon and one count of reckless endangerment on March 16, 2022.

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

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

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

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

            The defendant pleaded guilty on March 15, 2022, in Brooklyn Federal Court, to Hobbs Act Robbery 18 USC 1951(a) and Discharging a Firearm in Furtherance of a Crime of Violence 18 USC 924(c)(1)(A)(iii) for conduct arising out of the same incident. He was also sentenced today to 30 years federally to run concurrent with the state sentence.

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

            The case was prosecuted by former Senior Assistant District Attorney Andres Palacio and Senior Assistant District Attorney Cassandra Pond, of the District Attorney’s Homicide Bureau, under the supervision of Assistant District Attorney Leila Rosini, Bureau Chief.

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FOR IMMEDIATE RELEASE

Monday, September 19, 2022

 

Man Sentenced to 25 Years in Prison for Killing Brooklyn Father
Over Stolen Baseball Cap in Flatbush

Defendant Fatally Shot the Victim in the Back After Confrontation

Brooklyn District Attorney Eric Gonzalez today announced that a Flatbush man has been sentenced to 25 years in prison for fatally shooting a 38-year-old father after he retrieved a baseball cap that members of the defendant’s gang had robbed from his son days earlier.

District Attorney Gonzalez said, “This was a senseless, cold-blooded shooting of a family man walking away after retrieving his son’s stolen cap. Now he has lost his life, and his family lost their loved one. With today’s sentence, the defendant will spend many years behind bars as a consequence of his actions.”

The District Attorney identified the defendant as Adonis Barnett, 22, of Flatbush, Brooklyn. The defendant was sentenced today by Brooklyn Supreme Court Justice Raymond Rodriguez to 25 years in prison and five years’ post-release supervision. He was convicted of first-degree manslaughter last April following a jury trial. The defendant was convicted of second-degree criminal possession of a weapon at an earlier trial and is awaiting sentencing on that charge.

The District Attorney said that, according to the investigation, on August 3, 2016, at approximately 10:18 p.m., near the basketball courts outside of P.S. 6, in the vicinity of Snyder and Bedford Avenues, the defendant shot the victim, Gerald Cummings, once in the back and once in the back of the head. The victim had approached the defendant, who was 16 at the time, and another teen who had robbed his son’s ‘Don C’ Oakland Raiders leather and snakeskin baseball cap, on July 29, 2016. The cap was valued at several hundred dollars.

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

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

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

The case was prosecuted by Senior Assistant District Attorney Daphney Gachette, of the District Attorney’s Homicide Bureau, and Assistant District Attorney Chow Yun Xie, Deputy Bureau Chief, under the supervision of Assistant District Attorney Leila Rosini, Homicide Bureau Chief.

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FOR IMMEDIATE RELEASE

Tuesday, September 13, 2022

 

Brownsville Man Sentenced to 15 Years in Prison for Gun Trafficking

Co-Defendant, a Former MTA Subway Conductor, Sentenced to Five Years for Role in Ring That Transported Dozens of Dangerous Weapons into Brooklyn for Sale via the Iron Pipeline

Brooklyn District Attorney Eric Gonzalez today announced that a Brownsville man has been sentenced to 15 years in prison for his role in a gun trafficking ring that transported dozens of illegal firearms from South Carolina and Virginia for sale on the streets of Brooklyn. A second defendant has been sentenced to five years in prison in connection with the case while a third defendant has pleaded guilty to criminal sale of a firearm and is awaiting sentencing.

District Attorney Gonzalez said, “This defendant trafficked dozens of dangerous weapons to sell on Brooklyn streets where they would have undoubtedly contributed to violence. Thankfully, they were intercepted due to the hard work of the NYPD and my prosecutors. This investigation highlights our commitment to ending gun violence in our communities and punishing those responsible for the proliferation of illegal firearms.”

The District Attorney identified the defendant as Montoun Hart, 50, of Brownsville, Brooklyn. Hart was sentenced today to 15 years in prison by Brooklyn Supreme Court Justice Vincent Del Giudice following his guilty plea in July to first-degree criminal sale of a firearm.

A second defendant, Vernal Douglas, 51, of Flatlands, Brooklyn, was sentenced in August to five years in prison by Justice Del Giudice following his guilty plea on June 14, 2022 to second-degree criminal sale of a firearm.

A third defendant, Ira Jones, 44, of South Boston, Virginia, pleaded guilty on August 15 to third-degree criminal sale of a firearm. He is expected to be sentenced on September 16, 2022.

A fourth defendant, Christopher Hodges, 34, of Walterboro, South Carolina, is charged with first-degree criminal sale of a firearm. His case is pending, and his next court appearance is September 23, 2022

The District Attorney said the investigation spanned from October 2019 to October 2020 and began on information obtained about Hart acting as a gun merchant in Brownsville.

Over the course of the investigation, Hart allegedly conducted a total of 27 controlled gun buys with undercover officers, selling a total of 44 firearms.

Among the numerous firearms recovered were two assault weapons: a German Sport Guns .22 caliber rifle and a Smith & Wesson 9mm semi-automatic pistol, as well as a Ruger .44 caliber revolver, a Smith & Wesson .357 caliber revolver, a Springfield Armory 9mm pistol, a Taurus 9mm, a Glock .380 caliber, a Glock 9mm, and a Ruger P89 9mm pistol.

The investigation found that all three of Hart’s suppliers operated independently from one another, but their individual practices were similar: once a supplier obtained a firearm, he would tell Hart the make, model and price via telephone, and often send a photo of it. Hart then passed the details on to his customers (i.e., the undercovers) and scheduled the sale. All of the sales occurred within a block of Hart’s residence in Brooklyn.

Douglas, who at the time was employed by the Metropolitan Transportation Authority as a subway conductor, obtained firearms during trips to South Carolina where he has an address. Douglas also asked his sources in South Carolina to send him firearms via the mail.

According to the investigation, Ira Jones, who lived and operated out of South Boston, Virginia, also traveled up to New York with firearms for Hart to sell in Brooklyn.

Finally, it is alleged, Christopher Hodges, who lives in and operates out of Walterboro, South Carolina, accumulated firearms from a variety of sources and then traveled up to New York via a Chinatown bus company to transfer the firearms to Hart.

The investigation was conducted by New York City Police Department Detective Danny Grandstaff of the NYPD’s Firearms Suppression section, under the supervision of Sergeant Matthew Griffin and the overall supervision of Inspector Brian Gill.

The case was prosecuted by Deputy Bureau Chief Gillian DiPietro and Senior Assistant District Attorney Nicholas J. Batsidis, of the District Attorney’s Violent Criminal Enterprises Bureau, under the supervision of Kate Spota, Deputy Bureau Chief, Jennifer Cilia, First Deputy Bureau Chief, and the overall supervision of Alfred DeIngeniis, Chief.

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FOR IMMEDIATE RELEASE

Tuesday, September 13, 2022

 

East New York Man Sentenced to Eight Years in Prison
For Attempted Sex Trafficking of 15-Year-Old Girl

Defendant Forced Victim to Engage in Prostitution,
Perform Sex Acts in a Series of Underground Strip Clubs

Brooklyn District Attorney Eric Gonzalez today announced that an East New York man has been sentenced to eight years in prison after pleading guilty to the attempted sex trafficking of a child. The defendant forced a 15-year-old girl to work as a prostitute and perform sex acts, including in a series of underground strip clubs.

District Attorney Gonzalez said, “This defendant exploited and raped a vulnerable 15- year-old girl and then trafficked her for money in exchange for sex. Today’s sentence holds this violent sexual predator accountable for his despicable crime and sends a strong message to anyone who would exploit a child in this way that they will face serious consequences.”

The District Attorney identified the defendant as Bryant Entzminger, 42, of East New York, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Donald Leo to eight years in prison and seven years’ post-release supervision. He must also register as a sex offender. The defendant pleaded guilty to attempted sex trafficking of a child on July 27, 2022.

The District Attorney said that, according to the evidence, on October 13, 2020, the defendant, who was a passenger in a car, approached the victim as she was walking near Avenue J and invited her to his home. He asked her name and age and then instructed her that her name was “Chocolate Dior” and that she was 21. The victim was taken to the defendant’s home in East New York where the defendant and two other men had intercourse with the victim.

The defendant dressed the victim in a suggestive outfit and took photos of her to use in online advertisements to arrange dates during which the victim engaged in various sex acts with men in exchange for money.

Between October 13 and October 25, 2020, the defendant took the victim to underground strip clubs where she was made to dance, strip and engage in various sex acts with men in exchange for money. The defendant also brought the victim to the track in East New York as well as various hotels and apartments where she would engage in intercourse for money. In all these instances, the victim collected the money and gave it directly to the defendant, who supplied the victim with marijuana, cocaine, cigarettes, and alcohol.

In the late evening of October 24, 2020, the victim was able to contact a friend who called her sister, who contacted the New York City Police Department. In the interim, the victim managed to escape on October 25, 2020.
The case was investigated by Detective Elizabeth Gonzalez of the New York City Police Department’s Human Trafficking Squad, under the supervision of Sergeant Robert Duplessis, Lieutenant Amy Capogna and Captain Thomas Milano.
The case was prosecuted by Senior Assistant District Attorney Mary E. Monahan of the District Attorney’s Human Trafficking Unit and Assistant District Attorney Sabeeha Madni, Deputy Unit Chief, under the overall supervision of Assistant District Attorney Miss Gregory, Chief of the Special Victims Bureau.

 

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FOR IMMEDIATE RELEASE

Wednesday, September 7, 2022

 

Unlicensed Contractor Indicted for Stealing More Than $192,000
From Windsor Terrace Homeowners

Allegedly Took Money for Work That Was Not Done,
Used Funds for Personal Expenses Including Debts, Travel and Restaurants

Brooklyn District Attorney Eric Gonzalez today announced that a New Jersey man has been indicted on a charge of grand larceny for allegedly taking $192,675 from a Windsor Terrace couple who hired him to perform extensive renovations to their two-family home. No work was performed by the defendant, who is an unlicensed contractor.

District Attorney Gonzalez said, “This unlicensed contractor allegedly scammed a family out of a large sum of money, never performed the work he was paid to do, and we will now seek to hold him accountable. I urge anyone hiring a home improvement contractor to check that they are properly licensed by and in good standing with the New York City Department of Consumer Affairs.”

The District Attorney identified the defendant as Stephen Achille, 40, of Tinton Falls, New Jersey. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which he is charged with one count of second-degree grand larceny. The defendant was released without bail and ordered to return to court on October 19, 2022.

The District Attorney said that, according to the investigation, in April 2019 the victims purchased a two-family house in Windsor Terrace with plans to renovate it and create a three-story house with two apartments – one for their family and the other for their relatives. The victims later hired the defendant and his company, Red Bank Construction LLC, to perform the renovation.

It is alleged that the defendant submitted a written proposal to the victims’ architect in September 2019, including work related to excavation, concrete, scaffolding, walls, flooring, cabinetry, electrical, plumbing, bath accessories, roofing, etc. The total price proposed for the work was $963,375.00. In December 2019, it is alleged, the victims accepted the proposal and gave the defendant a deposit of $192,675.20.

After receiving the deposit, it is alleged, the defendant became less responsive to inquiries from the victims. In February 2020, the victims requested the defendant return a copy of the fully executed contract and a copy of his insurance documents which he allegedly promised to send over but never did.

Furthermore, it is alleged, the victims’ architect also found the defendant to be unresponsive to multiple inquiries, and later learned from the defendant that he was not licensed as a general contractor.

Finally, it is alleged, by March 10, 2020, the defendant’s own project manager warned the victims not to give any more money to the defendant, noting that no work had been done on the job and the defendant remained unresponsive. The victims hired an attorney on March 13, 2020, who sent written notice canceling the contract and demanding the deposit be returned, but the defendant never responded. The case was later referred to the District Attorney’s office.

It is alleged that the defendant gave approximately $61,000 of the deposit to his mother on December 31, 2019, the day after he received it. Other funds were allegedly used for child support payments, as well as personal expenses including at bars, restaurants, hotels and liquor stores in New Jersey and the Bahamas.

The investigation began following a complaint to the District Attorney’s Action Center.

The case was investigated by Detective Investigators assigned to the District Attorney’s Investigations Bureau.

The case is being prosecuted by Senior Assistant District Attorney Daniel R. Tibbets of the District Attorney’s Investigations Division, under the supervision of Assistant District Attorney Gavin Miles, Chief of Intake for the Frauds Bureau and Assistant District Attorney Gregory Pavlides, Chief of the District Attorney’s Frauds Bureau, under the overall supervision of Assistant District Attorney Michel Spanakos, Deputy Chief of the Investigations Division 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, September 7, 2022

 

Brooklyn DA Eric Gonzalez to Dismiss 378 Convictions That Relied on
13 Officers Who Were Later Convicted of Misconduct While on Duty

Following Examination by the Conviction Review Unit, The DA’s Office Has Lost
Confidence in Cases Where These Former Officers Were Essential Witnesses,
Leading to One of the Largest Mass Exonerations Ever in the United States

Brooklyn District Attorney Eric Gonzalez today announced that his Conviction Review Unit will be asking the Court to vacate and dismiss 47 felony convictions and 331 misdemeanor convictions that were directly based on the work of 13 former New York City Police Department officers who were later found guilty of crimes that were committed while on duty. A review by Brooklyn’s CRU did not uncover misconduct, but the District Attorney has lost confidence in cases where these officers served as essential witness, i.e., cases that could not have been prosecuted without them. This is the sixth largest mass dismissal of convictions in U.S. history, according to data collected by the National Registry of Exonerations.

District Attorney Gonzalez said, “These former police officers were found to have committed serious misconduct that directly relates to their official job duties, calling into question the integrity of every arrest they have made. A thorough review by my Conviction Review Unit identified those cases in which their testimony was essential to proving guilt, and I will now move to dismiss those convictions as I no longer have confidence in the integrity of the evidence that underpinned them. Credibility and honesty are at the heart of the justice system, and we cannot improve community trust without adhering to the highest ethical standards.”

The District Attorney’s Office today will be asking Brooklyn Supreme Court Justice Matthew D’Emic to begin dismissing the felony convictions. The virtual hearing will take place at 350 Jay Street, 15th Floor, starting at 2:15 p.m.. The process of dismissing the misdemeanor convictions will begin in Brooklyn Criminal Court later this month.

The dismissals will be made pursuant to a writ of error coram nobis that states that prosecutors “have not identified any information or evidence indicative of innocence or of fabricated evidence and that probable cause existed for defendant’s arrest, but that, nonetheless, in the interests of justice, which includes enhancing community trust in the criminal justice system and the proper preservation and prioritization of limited prosecutorial and judicial resources and pursuant to prosecutorial discretion” the DA’s Office agrees to vacate the convictions and dismiss the charges. Defendants will not be entitled to refunds of fees or fines.

The review is an outgrowth of the District Attorney’s decision in April 2021 to dismiss 90 convictions that relied on the work of former Detective Joseph Franco, who’s been indicted in Manhattan for multiple perjuries. That decision not only led other city district attorneys to follow suit, but also sparked a review of past cases that were handled by other police officers who were similarly charged and convicted of misconduct that directly related to their job duties.

A total of 13 officers were identified, and 378 cases – 47 felonies and 331 misdemeanors – that resulted in a guilty plea or a trial conviction will now be dismissed. The vast majority of these cases are misdemeanor possession of a controlled substance and other drug offenses with the second largest category being vehicular and traffic law violations. They originated from arrests that took place between 1999 and 2017 and no one is currently incarcerated as a result of these conviction. About half the arrests (191) were made by four officers who were implicated in the Brooklyn South Narcotics corruption scandal in the late 2010s. Another 78 were made by two narcotics officers who pleaded guilty in 2019 for receiving a bribe in the form of sexual acts from a detainee. Most of the other officers were convicted of various crimes in other boroughs or in federal courts.

The full list of the former officers whose work was scrutinized is below (with the number of dismissed convictions in parenthesis):

• Jason Arbeeny (14) – convicted of official misconduct and related charges for planting drugs in 2007 while assigned to the Brooklyn South Narcotics Division.
• Michael Arenella (3) – convicted of petit larceny for taking money from an undercover in 2007 while assigned to Brooklyn South Narcotics Division.
• Michael Bergmann (1) – pleaded guilty to perjury in connection with a 2019 incident in which he testified falsely in the grand jury that a suspect almost ran him and his partner over with a car; video obtained by the Brooklyn DA’s Office showed this didn’t happen.
• Jerry Bowens (134) – pleaded guilty to murder and falsifying business records. While assigned to Brooklyn South Narcotics Division in 2008, he supplied drugs to an informant in exchange for information. While his criminal case was pending, in 2009, he shot and killed his ex-girlfriend.
• Richard Danese (4) – pleaded guilty to disorderly conduct in Staten Island in connection with a Halloween 2007 incident in which he and his partner unlawfully imprisoned a 14-year-old boy suspected of misconduct and abandoned him in a marsh.
• Sasha Diaz (15) – pleaded guilty to perjury in Manhattan for falsely testifying to a grand jury about observing a firearm in 2014; also convicted in Queens of offering a false instrument for filing, in which she lied about observing a drug deal.
• Michael Foder (27) – pleaded guilty to federal perjury charges in the Eastern District of New York for testifying falsely at a 2018 hearing about when and how he conducted photo arrays of two robbery suspects in Brooklyn.
• Richard Hall (18) – pleaded guilty to bribe receiving and official misconduct for releasing a woman from custody in exchange for sexual favors from her in 2017.
• Sean Johnstone (40) – convicted of conspiracy for paying off informants with drugs in 2007, while assigned to the Brooklyn South Narcotics Division as an undercover.
• Admir Kacamakovic (14) – pleaded guilty in federal court for civil rights violations for assaulting a bar patron with pepper spray and unlawfully detaining him while in uniform in 2008.
• Eddie Martins (60) – pleaded guilty to bribe receiving and official misconduct for releasing a woman from custody in exchange for sexual favors from her in 2017.
• Oscar Sandino (43) – pleaded guilty to deprivation of civil rights for forcing a woman he arrested to perform oral sex in a Queens stationhouse bathroom in 2008; also pleaded guilty to assaulting an off-duty court officer who was in custody.
• Henry Tavarez (5) – pleaded guilty to offering a false instrument for filing for making false statements regarding a buy-and-bust operation in 2009 while assigned to Queens South Narcotics Division as an undercover.

The Conviction Review Unit reviewed all Brooklyn convictions in which these 13 ex-officers were involved. Cases where they acted as primary witnesses, and there was no other independent evidence to support a conviction, were flagged for dismissal. Defense lawyers and the Court have been notified of the pending dismissals.

The case review was conducted by Assistant District Attorney Eric Sonnenschein, Deputy Chief of the District Attorney’s Post-Conviction Justice Bureau, and Assistant District Attorneys John Sharples and Bruce Alderman of the Conviction Review Unit, under the supervision of Assistant District Attorney Charles Linehan, Chief of the Conviction Review Unit.

 

 

 

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FOR IMMEDIATE RELEASE

Wednesday, August 31, 2022

 

Staten Island Man Convicted of Assault in Borough Park

Targeted Three Jewish Men During Unprovoked Spree, Caught on Video

Brooklyn District Attorney Eric Gonzalez today announced that a 41-year-old Staten Island man has been convicted of charges of felony attempted assault, misdemeanor assault and menacing for a 2018 unprovoked attack against three Jewish men wearing Hasidic clothing that took place in Borough Park.

District Attorney Gonzalez said, “This defendant’s violent conduct has no place in Brooklyn, where we value diversity and welcome all religions. He has now been held accountable and today’s verdict should send a strong message to anyone who would commit this kind of outrageous and unprovoked attack.”

The District Attorney identified the defendant as Farrukh Afzal, 41, of Mariners Harbor, Staten Island. He was convicted today of second-degree attempted assault, third-degree assault and third-degree menacing following a jury trial before Brooklyn Supreme Court Justice Evelyn Laporte. He was acquitted of hate crime enhancements that were attached to each of those three counts. The defendant faces up to four years in prison when he is sentenced on September 15, 2022.

The District Attorney said that, according to the evidence, on October 14, 2018, at approximately 7:25 a.m., the defendant was driving a cab on 13th Avenue and 44th Street in Borough Park, Brooklyn. As he drove past a Hasidic man, the defendant allegedly swerved his car as if to hit him, causing the man to run away so he wouldn’t get struck.

Furthermore, according to evidence that included video surveillance footage, the defendant then sped up, drove for another block and a half and stopped. He got out of his cab and ran towards another Hasidic man, 62, who was standing at the corner of 13th Avenue and 46th Street. The defendant allegedly struck the victim, who ran, and chased him into the intersection, where he continued to beat and body-slam him, causing lacerations and bruising to the face and body. As the defendant ran towards the victim, he did not attack a delivery man who was not wearing Hasidic garb, but was closer to him, the evidence showed. A third Hasidic man tried to intervene and was chased by the defendant.

The case was prosecuted by Senior Assistant District Attorney Jonathan Hagler and Assistant District Attorney Isabel Hernandez of the District Attorney’s Grey Zone Trial Bureau, under the supervision of Assistant District Attorney Robert Walsh, Bureau Chief.

 

 

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FOR IMMEDIATE RELEASE

Wednesday, August 31, 2022

 

Man Convicted Again for 1995 Murder After Retrial
That Included Eyewitness Testimony

Original Conviction was Reversed Due to Involvement of Retired
Detectives Louis Scarcella and Stephen Chmil

Brooklyn District Attorney Eric Gonzalez today announced that a 45-year-old man has been convicted of murder for killing a man in 1995 during a botched robbery in Bedford-Stuyvesant, Brooklyn. His original conviction was reversed, based on the involvement of retired Det. Louis Scarcella and Det. Stephen Chmil.

District Attorney Gonzalez said, “The guilty verdict handed down by a judge today, which correctly focused on the eyewitness identifications, validates the approach my Office has taken when reexamining cases involving Det. Scarcella: we ask to vacate when we find misconduct or violations of due process rights and stand by convictions when the evidence supports findings of guilt. In this case, compelling eyewitness accounts provided proof beyond reasonable doubt of the defendant’s guilt at both the original trial and again today.”

The District Attorney identified the defendant as Eliseo Deleon, 45, of Brooklyn. The defendant was convicted today of second-degree murder, first-degree attempted robbery and second-degree criminal possession of a weapon following a non-jury trial before Brooklyn Supreme Court Justice Dena Douglas. The maximum sentence on the top count is 25 to life and sentencing was scheduled to September 14, 2022.

The District Attorney said that, according to the evidence, on June 4, 1995, near 164 Franklin Avenue in Bedford Stuyvesant, Brooklyn, Fausto Cordero was returning from a party to his vehicle, accompanied by his wife, his 7-year-old son and his niece. As they neared the car, the family was confronted by the defendant, who brandished a gun and demanded money. When Mr. Cordero pushed his wife out of harm’s way, the robber fatally shot him in the chest.

The victim’s wife positively identified the defendant as her husband’s killer. A woman who witnessed the incident from her stoop across the street was unable to identify him at the retrial due to the passage of time, but her prior positive in-court and photo array identifications were admitted as evidence.

Neither Det. Scarcella nor his partner, retired Det. Stephen Chmil testified at the original trial, and neither was called by the prosecution at the retrial. Both were called as witnesses by the defense during the retrial.

Justice Douglas overturned the 1996 guilty verdict against the defendant in November 2019 following a post-conviction hearing.

The case was prosecuted jointly by Senior Assistant District Attorney Viviane Dussek, of the District Attorney’s Homicide Bureau, Assistant District Attorney Morgan Dennehy, Deputy Bureau Chief of the Appeals Bureau, and Assistant District Attorney Chow Yun Xie, Deputy Bureau Chief of the Homicide Bureau, under the supervision of Assistant District Attorney Leila Rosini, Homicide Bureau Chief.

 

 

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FOR IMMEDIATE RELEASE

Monday, August 22, 2022

 

Queens Man Indicted for Labor and Sex Trafficking of Two Women 

Defendant Allegedly Forced the Victims to Perform Sex Acts On Customers of Bay Ridge Massage Parlor, Withheld Wages

Brooklyn District Attorney Eric Gonzalez today announced that a Queens man has been arraigned on an indictment in which he is charged with sex trafficking, labor trafficking, promoting prostitution, sexual abuse and related charges for forcing a massage parlor employee to engage in prostitution. The defendant was also indicted in June in connection to the labor and sex trafficking of another employee.

District Attorney Gonzalez said, “This defendant allegedly coerced, exploited and horrifically abused vulnerable women, forcing them to have sex for money, tightly controlling their lives, and threatening harm and humiliation if they left. I am fully committed to investigating and prosecuting this type of abhorrent trafficking to protect victims and to fight against the exploitation of women.”

The District Attorney identified the defendant as Guiyang Xu, 66, of Flushing, Queens. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on a 24-count indictment in which he is charged with sex trafficking, attempted sex trafficking, labor trafficking, attempted labor trafficking, third-degree promoting prostitution, first-degree attempted rape and related charges. He was ordered held on bail of $500,000 bond or $100,000 cash and to return to court on October 7, 2022.

The defendant was arraigned on a separate 20-count indictment charging him with sex trafficking, attempted sex trafficking, labor trafficking, attempted labor trafficking, first-degree rape, fourth-degree promoting prostitution and related charges on June 14, 2022 and bail was set at $5,000 cash or $15,000 bond.

The District Attorney said that, according to the investigation, the two women, ages 44 and 38, each responded to advertisements in April 2022 to work as massage therapists at Rose Spa located at 479 78^th Street, in Bay Ridge, Brooklyn, which operated 24 hours a day, seven days a week. The women began working shortly thereafter.

It is alleged that as part of their employment, the victims lived, slept and ate at Rose Spa, using massage tables as beds and relying on the defendant for food. Shortly after beginning to work at the spa, the victims were told that they were expected to perform sexual services for clients, including intercourse, masturbation, and other sexual activities. The cost for the sex acts was approximately $50.

Furthermore, it is alleged, the victims did not have set work hours, instead working seven days a week and they were expected to wake up at any hour to service clients. The defendant allegedly did not permit the women to leave the location and withheld food if they refused to engage in sex acts. He also allegedly withheld their wages and threatened to post compromising photographs of them on the internet if they did not comply with his demands.

It is alleged that the defendant raped the 38-year-old victim on or about May 15, 2022, inside of Rose Spa after she refused to have sex with him. On May 19, 2022, the woman walked into the 68^th Precinct to report the rape and the defendant was arrested on May 25, 2022.

On June 8, 2022, members of the New York City Police Department conducted an undercover operation into 479 78^th Street at which time a third woman allegedly agreed to perform sexual services for the undercover in exchange for money while in the presence of the defendant.

The case was investigated by Detective Philip Adaszewski of the New York City Police Department’s Human Trafficking Squad, under the supervision of Sergeant Robert Duplessis, Lieutenant Amy Capogna and Captain Thomas Milano.

The District Attorney thanked Detective Xi Lin and Senior Assistant District Attorney Tamara Marshall for their assistance in the investigation.

The case is being prosecuted by Assistant District Attorney Ilana Atlas and Senior Assistant District Attorney Anna Federico, of the District Attorney’s Human Trafficking Unit, with the assistance of Paralegal Specialist Aurora Martinez, under the supervision of Assistant District Attorneys David Weiss and Sabeeha Madni, Deputy Unit Chiefs, and the overall supervision of Assistant District Attorney Miss Gregory, Chief of the District Attorney’s Special Victims Bureau.

 

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FOR IMMEDIATE RELEASE
Wednesday, August 17, 2022

 

Brooklyn Man Sentenced to 15 Years to Life in Prison for Fatal Shooting

Defendant Dropped Victim Off at his Home,
Returned Hours Later and Shot Him Twice in the Face

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been sentenced to 15 years to life in prison for fatally shooting a man inside the victim’s Sunset Park residence, a single room occupancy hotel. The defendant pleaded guilty to second-degree murder last month.

District Attorney Gonzalez said, “This defendant executed the victim in cold blood, shooting him at close range as he slept in his bed. Thanks to the quick action of law-enforcement he was apprehended as he attempted to flee the state, and this sentence ensures that he is held accountable for this shocking and heartless murder.”

The District Attorney identified the defendant as Sam Chen, 44, of Sunset Park, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Vincent Del Giudice to 15 years to life in prison. The defendant pleaded guilty to second-degree murder on June 9, 2022.

The District Attorney said that, according to the investigation, on June 26, 2019, at approximately 8:16 a.m., the defendant was captured on video surveillance driving a 2014 Nissan NV3 at 51st Street, near 7th Avenue, in Sunset Park. He and the victim then got out of the vehicle and entered the hotel; the defendant was captured leaving the hotel shortly thereafter.

At approximately 12:45 p.m., the defendant was captured on surveillance video returning to the hotel where the victim was staying, putting on a surgical mask and entering the victim’s building. Soon after, he was captured on surveillance video leaving the building and still wearing the surgical mask.

The victim’s body was discovered in his bed two days later, on June 28, 2019, at approximately 1 p.m., by the cleaning staff. He suffered two gunshot wounds to his forehead. Police recovered two 9mm shell casings at the scene. The victim was identified as Da Li, age 46.

Investigators executed a search warrant on the defendant’s vehicle and recovered a Taurus 9mm semi-automatic pistol with a loaded magazine inside of a black plastic bag, which matched ballistic evidence recovered at the victim’s hotel room.

The defendant was apprehended at John F. Kennedy International Airport on July 3, 2019, as he was boarding a flight to California.

The case was prosecuted by Assistant District Attorney Chow Yun Xie, Deputy Chief of the District Attorney’s Homicide Bureau and Assistant District Attorney Stephanie D. Quon, of the District Attorney’s Orange Zone Trial Bureau, under the overall supervision of Assistant District Attorney Leila Rosini, Homicide Bureau Chief.

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