Brooklyn Man Indicted for Sexual Assaults on Two Women Over Two Days in Crown Heights

FOR IMMEDIATE RELEASE
Thursday, February 14, 2019

 

Brooklyn Man Indicted for Sexual Assaults on Two Women
Over Two Days in Crown Heights

Allegedly Attacked First Victim on Subway, Ambushed Second Victim the Following Day

Brooklyn District Attorney Eric Gonzalez announced today that a Brooklyn man has been arraigned on a 15-count indictment in which he is charged with robbery, sexual abuse and assault for attacks on two women in Crown Heights less than 36 hours apart. The defendant allegedly attacked and robbed the first victim on a subway train, then assaulted the second victim in an alley the following day.

District Attorney Gonzalez said, “This defendant allegedly prowled our subways and streets for two days preying upon women and spreading fear throughout our community. We will seek to hold him fully accountable and remain committed to seeking justice for sexual assault victims.”

The District Attorney identified the defendant as Daniel Jean Pierre, 37, of Bedford-Stuyvesant, in Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice John Ingram on a 15-count indictment in which he is charged with second- and third-degree robbery, second- and third-degree robbery as a sexually motivated felony, first- and third-degree sexual abuse, forcible touching, second- and third-degree assault and other related charges. He was ordered held on $100,000 bail and to return to court on April 10, 2019.

The District Attorney said that, according to the investigation, at approximately 1:15 a.m. on January 17, 2019, the defendant boarded a north-bound 4 train at Franklin Avenue where he allegedly approached a woman who was sitting down, attempted to kiss her and as she tried to push him away he pushed her to the floor. The defendant then allegedly molested the woman as she continued to try to fight him off. During the alleged struggle, the victim’s wallet and headphones fell out of her bag onto a subway seat. The defendant allegedly removed $47 from the victim’s wallet and stole her headphones before exiting the train at Atlantic Terminal.

The following day, at approximately 11:10 a.m., the defendant allegedly ambushed a second victim as she walked on Eastern Parkway near Bedford Avenue in Crown Heights. It is alleged that the defendant forced the woman into an alley where he molested her.

The defendant fled the location when a passerby allegedly saw the defendant attacking the victim and intervened. Another passerby called police who conducted a canvas of the area. Officers found the defendant walking three blocks from the incident location and placed him under arrest.

The case is being prosecuted by Senior Assistant District Attorney Deborah Cohen of the District Attorney’s Special Victims Bureau, 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

 

Brooklyn District Attorney’s Office Accepting Applications For High School Summer Interns

Brooklyn District Attorney’s Office Accepting Applications For High School Summer Interns

FOR IMMEDIATE RELEASE
Monday, February 11, 2019

 

Brooklyn District Attorney’s Office Accepting Applications
For High School Summer Interns

Internship Will Give Students an Opportunity to Learn About the Criminal Justice System

Brooklyn District Attorney Eric Gonzalez today announced the launch of the application process for high school sophomores, juniors and seniors interested in participating in the summer internship program.  The five-week paid internship is open to students who live and/or attend high school in Brooklyn, and are interested in learning about the different careers and responsibilities within the criminal justice system. The internship runs from July 8 to August 9, 2019.

District Attorney Gonzalez said, “We are delighted to welcome the next class of high school interns interested in learning about the criminal justice system. Our goal every year is to provide the students with an understanding of how the system operates and how my office works to keep Brooklyn safe and strengthen community trust. This competitive internship is a great opportunity for students to get hands-on experience in a busy prosecutor’s office, where they will learn how a commitment to fairness and equal justice is integrated into our practice.”

Selected students will be assigned to one of the many specialized units within the DA’s Office, while also getting an overview of the criminal justice system. They can expect to assist with legal research and analysis; help prosecutors to prepare for trial; work on discovery; carry out file maintenance and organization of court documents; participate in Trial Zone workshops; participate in judicial, legal and law enforcement-related field trips; and observe criminal proceedings, including trials, guilty pleas and sentencings.

During the five-week internship, participants will receive a $150 stipend per week, and a weekly MetroCard. Internship hours will be: Monday through Thursday 9 a.m. to 4 p.m., and Friday 9:00 a.m. to 12:00 p.m. Applicants are required to provide their most recent school transcript, a one-page resume, one letter of recommendation, and submit a 300-word typed essay (12 pt. font and double-spaced) on why they are interested in interning with the Brooklyn District Attorney’s Office and what impact they think it will have on their future career goals.

To apply, please visit: http://apply.brooklynda.org  beginning February 11, 2019, to upload transcript, essay and resume. Only the recommendation letter should be emailed as an attachment to the Brooklyn District Attorney’s Office at hsinternships@brooklynda.org, with the subject line: Recommendation Letter (Applicant’s First and Last Name). All application materials must be received no later than March 25, 2019. For questions or assistance, please contact the High School Internship and Youth Initiatives Program Coordinator at (718) 250-4873.

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Former NYPD Officer Who Killed Pedestrian and Injured Three Others While Driving Drunk Sentenced to up to 15 Years in Prison

FOR IMMEDIATE RELEASE
Monday, February 4, 2019

 

Former NYPD Officer Who Killed Pedestrian and Injured Three Others While Driving Drunk Sentenced to up to 15 Years in Prison

Defendant’s Blood-Alcohol Level was Nearly Three Times the Legal Limit; Will Also Perform 350 Hours of Community Service by Educating Students About the Dangers of Drunk Driving

Brooklyn District Attorney Eric Gonzalez today announced that a former New York City Police Department officer has been sentenced to up to 15 years in prison for driving drunk in Williamsburg, jumping a curb and striking pedestrians on a sidewalk, killing one and injuring three others.

District Attorney Gonzalez said, “This tragic case is another reminder of how dangerous drunk driving is and the terrible toll it can exact. This defendant accepted responsibility for his reckless and criminal actions that early morning, which took a promising young man’s life and irreparably harmed three additional victims. I hope this sentence will bring a small measure of solace to the victims and their families.”

The District Attorney identified the defendant as Nicholas Batka, 30, of Greenpoint, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Jill Konviser to an indeterminate sentence of five to 15 years in prison following his guilty plea in November 2018 to the top count of aggravated vehicular manslaughter and three counts of aggravated vehicular assault. After completing his sentence, the defendant will serve 350 hours of community service with the “Choices and Consequences” program, which educates high school students on the risks and consequences of driving while intoxicated.

The District Attorney said that, according to the evidence, in the early morning hours of July 16, 2016, the defendant was drinking with friends at The Whiskey, a bar in Williamsburg, Brooklyn. At about 3 a.m., while driving his Dodge Durango, the defendant jumped the curb in the vicinity of Bedford Avenue and North 8th Street in Williamsburg. The vehicle struck four pedestrians on the sidewalk and crashed through a wrought iron fence into the front of a building at 161 Bedford Avenue.

Andrew Esquivel, 21, suffered blunt force trauma and died hours after the crash. Sophia Tabchhouri, 20-year-old at the time, suffered injuries to her legs and arms, including multiple fractures. Divya Menezes, 20-year-old at the time, suffered trauma to both legs and to the right arm plus pelvic fractures. James Balchunas, 24-year-old at the time, suffered serious leg injuries.

Blood taken from the defendant about two hours after the crash showed that his blood-alcohol level at that time was measured at .23, according to the evidence. The legal limit is a blood-alcohol level of .08.

The defendant, who was a probationary officer assigned to the Manhattan Transit Task Force, was fired by the Police Department a few days after the incident.

The case was investigated by Detective Kenneth Long, Detective Michael Sharpe and Detective Edward Behringer of the NYPD’s Collision Investigation Squad, and by Sergeant Terrence Smithson and Captain Louis Vierling of the NYPD’s Internal Affair Bureau.

The case was prosecuted by Senior Assistant District Attorney Krystyn Tendy, of the District Attorney’s Grey Zone Trial Bureau, and Assistant District Attorney Timothy Gough, Homicide Bureau Chief and formerly Bureau Chief of the Grey Zone, with the assistance of Assistant District Attorney Jennifer Nocella, Deputy Chief of the District Attorney’s Vehicular Crimes Unit.

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Man Indicted for 2009 Murder and Robbery of Brooklyn Shopkeeper

FOR IMMEDIATE RELEASE
Monday, February 4, 2019

 

Man Indicted for 2009 Murder and Robbery of Brooklyn Shopkeeper

Fled to Australia Following the Attack;
Allegedly Connected to Crime Via DNA Evidence

Brooklyn District Attorney Eric Gonzalez today announced that a 37-year-old citizen of Turkmenistan has been arraigned on an indictment in which he is charged with second-degree murder, first-degree robbery and related charges for allegedly beating a Brighton Beach shopkeeper to death during a 2009 robbery. After the attack, the defendant fled to Australia where he was detained before his extradition to the United States, after DNA evidence allegedly linked him to the crime.

District Attorney Gonzalez said, “For nearly 10 years, the family and friends of Vladislav Tolstykh have waited for this defendant to be prosecuted for a truly ruthless attack. I commend the New York City Police Department and Australian law enforcement for working together to bring this defendant back to Brooklyn to face justice.”

The District Attorney identified the defendant as Abakar Gadiyev, 37, a citizen of Turkmenistan who was living in Brighton Beach, Brooklyn at the time of the incident. He was arraigned today before Brooklyn Supreme Court Justice Vincent Del Giudice on an indictment in which he is charged with second-degree murder, first-, second- and third-degree robbery and third-degree grand larceny. He was ordered held without bail and to return to court on March 29, 2019. He faces up to 25 years to life in prison if convicted of the top count.

The District Attorney said that, according to the investigation, on March 14, 2009 at approximately 2:26 p.m. the defendant and indicted co-conspirator Arsen Bashirov, 37, allegedly ambushed the victim, Vladislav Tolstykh, inside a parking garage on Brighton 11th Street near the Brighton Beach Bazaar, a grocery store that the victim co-owned and managed. The defendants allegedly beat the 34-year-old victim to death and ran off with a pouch containing $32,000 in cash, paychecks and luxury watches.

Investigators recovered ski masks and sweatshirts the perpetrators allegedly used to conceal themselves and discarded as they fled. Forensic analysis of those items of clothing found they contained the DNA of the victim and two males. Additionally, investigators reviewed surveillance video that showed the suspects enter the parking garage wearing sweatshirts and ski masks prior to the victim’s arrival. Surveillance video also captured the perpetrators running from the garage carrying the victim’s property.

It is alleged that the suspects fled the country to their native Turkmenistan a few days after the homicide. Gadiyev allegedly then traveled to Australia where he sought asylum without disclosing his alleged involvement in the homicide to Australian authorities.

NYPD Detectives coordinated with Australian police to obtain a DNA sample from the defendant on April 11, 2013. Local authorities in Sydney, Australia collected an abandoned can of Red Bull Gadiyev left behind that contained a DNA sample which positively matched the DNA police allegedly recovered from the defendant’s clothing.

The defendant was indicted by a grand jury in October 2013. Australian authorities detained the defendant in 2014 while he awaited extradition to the United States. In December of 2018, the Australian Attorney General determined that Gadiyev could be surrendered to the United States. He was returned to New York on February 1, 2019.

The District Attorney thanked Detective Peter McMahon of the Brooklyn South Homicide Squad; Inspector David El-Badawi of the New South Wales Police Department in Sydney; members of the Australian Federal Police; members of the NYPD Intelligence Division; and members of the United States Marshal Service for their assistance in this investigation.

The case is being prosecuted by Senior Assistant District Attorney Andy Palacio, of the District Attorney’s Homicide Bureau, under the supervision of Assistant District Attorney Timothy Gough, Bureau Chief.

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

 

Defendant Who Attacked Three Men Near Gay Nightclub Sentenced to 21 Years in State Prison

FOR IMMEDIATE RELEASE
Friday, February 1, 2019

 

Defendant Who Attacked Three Men Near Gay Nightclub
Sentenced to 21 Years in State Prison

Slashed One Victim Inside Restaurant and Attacked Two Others Outside a Gay Club

Brooklyn District Attorney Eric Gonzalez today announced that a 34-year-old Brooklyn man has been sentenced to 21 years in prison following his conviction last month on first-degree assault and other charges for slashing one man, menacing another with a weapon and stabbing a third near a gay nightclub in Bedford-Stuyvesant.

District Attorney Gonzalez said, “This was a terrifying attack carried out for no reason that left three innocent men traumatized. I am committed to protecting all of the people of Brooklyn from such brutal violence. Today’s sentence holds the defendant accountable.”

The District Attorney identified the defendant as James Thomas, a.k.a., Mousey Baby, 34, of Prospect Heights. He was sentenced today to 21 years in prison by Brooklyn Supreme Court Justice Donald Leo. The defendant was convicted of first-degree assault, second-degree assault, second-degree menacing and fourth-degree criminal possession of a weapon last month following a jury trial.

The District Attorney said that, according to the evidence, on March 5, 2017, at approximately 4:30 a.m., inside a Crown Fried Chicken restaurant located at 1147 Fulton Street, the defendant, who is a local rapper, shouted at various patrons inside of the restaurant, many of whom had just exited the nearby Langston Club, which is a predominantly gay night club. The defendant slashed the first victim in the face with a knife and left the restaurant.

The defendant then confronted two other men who had also left Langston Club and were attempting to walk into the same restaurant. He pushed the second victim up against a wall, menaced him with a knife and stabbed the third victim twice in the torso and once in the shoulder when he tried to come to his friend’s aid. Police responded to the scene, but the defendant had already fled the area.

The first stabbing victim was taken to the hospital and received 18 stitches on the left side of his face. The second stabbing victim received three stitches to the torso and was hospitalized overnight.

The defendant turned himself into police at the 79th precinct stationhouse on March 9, 2017, after video surveillance footage from the scene was released to the media.

The case was investigated by New York City Police Department Detective Andrew Smart of the Hate Crimes Task Force.

The case was prosecuted by Assistant District Attorney T. Peter Choi, of the District Attorney’s Hate Crimes Bureau, and Assistant District Attorney Kelli M. Muse, Chief of the Hate Crimes Bureau, under the overall supervision of Executive District Attorney Joseph P. Alexis, Chief of the Trial Division.

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Brooklyn Man Indicted on Multiple Counts of Murder, including as a Hate Crime, For Allegedly Killing Three Asian Men in Hammer Attack

FOR IMMEDIATE RELEASE
Friday, February 1, 2019

 

Brooklyn Man Indicted on Multiple Counts of Murder, including as a Hate Crime, For Allegedly Killing Three Asian Men in Hammer Attack

Allegedly Targeted Sheepshead Bay Restaurant Workers Based on their Race;
Defendant Faces Life in Prison Without the Possibility of Parole

Brooklyn District Attorney Eric Gonzalez today announced that a 34-year-old Brooklyn man has been arraigned on a 21-count indictment in which he is charged with first-degree murder, second-degree murder as a hate crime and related charges for allegedly bludgeoning three Asian men on January 15, 2019, causing their death.

District Attorney Gonzalez said, “This was a violent, horrific and harrowing attack on three completely innocent, hardworking men who were targeted simply because they were Asian. Sheepshead Bay, like all of Brooklyn, celebrates its diversity and will not tolerate vicious, hate-filled attacks in its community. I am committed to seeking justice for these three victims and their heartbroken families, friends and neighbors.”

The District Attorney identified the defendant Arthur Martunovich, 34, of Sheepshead Bay, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on a 21-count indictment in which he is charged with three counts of first-degree murder, six counts of second-degree murder as a hate crime, six counts of second-degree murder, second-degree attempted murder, fourth-degree criminal possession of a weapon, two counts of second-degree assault and two counts of third-degree assault. The defendant was ordered held without bail and to return to court on March 4, 2019. He faces up to life in prison without the possibility of parole if convicted of the top count.

The District Attorney said that, according to the investigation, on January 15, 2019, at approximately 5:11 p.m., the defendant allegedly entered the Seaport Buffet Chinese restaurant on Emmons Avenue in Brooklyn armed with a hammer. He allegedly told a Latino employee that he was not going to be harmed, then struck the Asian victims repeatedly about the head with a hammer. He allegedly told the police he targeted the victims because of their race.

All three men were taken to Lutheran Medical Center, where one of the victims, a chef, Fufai Pun, 34, was pronounced dead. Pun was the nephew of Tsz Mat Pun, 50, who was part owner of the restaurant, who was also attacked. He died on January 24, 2019. The restaurant manager, Thang Ng, 60, died on January 18, 2019. All of the men died of blunt force injuries to the head.

The defendant was also indicted on assault charges for allegedly attacking two police officers while inside the 61st Precinct Stationhouse following his arrest.

The case is being prosecuted by Assistant District Attorney Howard Jackson, Deputy Chief of the District Attorney’s Homicide Bureau, and Assistant District Attorney Yi Liu, of the District Attorney’s Green Zone Trial Bureau, under the supervision of Assistant District Attorney Timothy Gough, Homicide Bureau Chief.

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

Brooklyn District Attorney Eric Gonzalez Announces Convictions of Four Men Charged in Connection with Two Separate Sex Trafficking Schemes

FOR IMMEDIATE RELEASE
Wednesday, January 30, 2019

 

Brooklyn District Attorney Eric Gonzalez Announces Convictions of Four Men Charged in Connection with Two Separate Sex Trafficking Schemes

January is Human Trafficking Awareness Month

Brooklyn District Attorney Eric Gonzalez today announced that a Crown Heights man was sentenced to eight years in prison following his guilty plea to attempted sex trafficking and attempted kidnapping in connection with trying to force a 16-year-old girl to have sex with men for money, which would then be turned over to the defendant. The defendant’s co-defendant also pleaded guilty in connection with the case. A third man pleaded guilty to attempted sex trafficking and a fourth man pleaded guilty to attempted labor trafficking in a separate scheme.

District Attorney Gonzalez said, “Protecting our children and youth is one of my highest priorities. These defendants sought to exploit vulnerable young women for their own profit. January is Human Trafficking Awareness Month and it is significant that we are holding these defendants accountable for their criminal behavior at this time.”

The District Attorney identified the defendant as Antwan Green, 28, of Crown Heights, Brooklyn. He was sentenced today to eight years in prison following his guilty plea to attempted sex trafficking and attempted kidnapping on November 28, 2018, before Brooklyn Supreme Court Justice Danny Chun. The defendant also pleaded guilty to second-degree criminal possession of a weapon in connection with a separate indictment. He was also sentenced to 10 years’ post-release supervision and will be required to register as a sex offender upon his release from prison.

Green’s co-defendant, Taymel Harris, 22, also of Crown Heights, Brooklyn, pleaded guilty to second-degree robbery, fourth-degree promoting prostitution, unlawful imprisonment and two counts of endangering the welfare of a child on January 3, 2019, before Justice Chun, in exchange for a sentence of seven years in prison and five years’ post-release supervision. Harris is scheduled to be sentenced on February 6, 2019.

The District Attorney said that, according to the investigation, on or around and in between June 1, 2017 and July 15, 2017, the defendants ran a prostitution ring from an apartment on Lincoln Place in Crown Heights, involving a 16-year-old, a 17-year-old and a 20-year-old. One of the minor victims was brought to the location by another minor and was not allowed to leave. She ultimately escaped while one of the defendants was sleeping and contacted her mother, reporting that she was being held against her will and forced into prostitution.

That case was investigated by New York City Police Department Detective Gloria Chavez and Detective Elizabeth Gonzalez of the Human Trafficking Team, Vice Enforcement Division, under the supervision of Sergeant Faoud Zahirudin, Lieutenant Christopher Sharpe and Captain Thomas Milano, and the overall supervision of Inspector James Klein.

In a separate case, defendant Rudy Rocker, 19, of the Bronx, pleaded guilty to attempted sex trafficking, second-degree rape and criminal possession of stolen property on December 19, 2018, before Justice Chun, who sentenced him to seven years in prison and 10 years’ post-release supervision on January 9, 2019.

Rocker’s co-defendant, Donald Jackson, 20, also of the Bronx, pleaded guilty to attempted labor trafficking on November 14, 2018, before Justice Chun, in exchange for a sentence of one to three years in prison. Jackson was sentenced on November 28, 2018.

In that case, the defendants lured two upstate New York runaway girls, ages 14 and 15, to Brooklyn to strip and engage in sex acts in exchange for money, which would be given to the defendants. When the 15-year-old tried to leave the operation, which was based in East New York, the defendants refused to allow her to leave. She was rescued after she managed to contact her father on Facebook, and he contacted police.

The case was investigated by New York City Police Department Detective Gloria Chavez, of the Human Trafficking Team, Vice Enforcement Division, under the supervision of Sergeant Faoud Zahirudin, Lieutenant Christopher Sharpe and Captain Thomas Milano, and the overall supervision of Inspector James Klein.

Both cases were prosecuted by Senior Assistant District Attorney Vanessa McEvoy, 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 Special Victims Bureau.

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Mount Vernon Man Indicted for Kidnapping and Sexual Assault for Alleged Attack on Woman in Brownsville

FOR IMMEDIATE RELEASE
Monday, January 28, 2019

 

Mount Vernon Man Indicted for Kidnapping and Sexual Assault for
Alleged Attack on Woman in Brownsville

Defendant Allegedly Taped Victim’s Mouth and Beat Her with Tire Iron

Brooklyn District Attorney Eric Gonzalez today announced that a 34-year-old man has been arraigned on an indictment in which he is charged with kidnapping, robbery and assault for the sexually motivated attack on a 20-year-old woman on January 3, 2019 in which the defendant allegedly forced the victim into his car at knifepoint, sexually assaulted and attempted to abduct her before she was able to fight him off.

District Attorney Gonzalez said, “Thanks to the bravery of the victim and the tenacious, quick-witted work of our police, we were able to quickly apprehend the defendant before he could hurt someone else. I am committed to seeking justice for victims of sexual assault in Brooklyn.”

The District Attorney identified the defendant as Oniel Reid, 34, of Mount Vernon, NY. He was arraigned today before Brooklyn Supreme Court Justice William Miller on a 22-count indictment in which he is charged with second-degree kidnapping, second-degree assault as a sexually motivated felony, first- and second-degree unlawful imprisonment, first-, second- and third-degree robbery as a sexually motivated felony, first-, second- and third-degree robbery, first-degree sexual abuse, forcible touching and related charges. He was ordered held on $500,000 bail and to return to court on March 6, 2019.

The District Attorney said that, according to the investigation, on January 3, 2019, at approximately 6 p.m., the victim, a 20-year-old woman, was walking on Lott Avenue near Christopher Avenue in Brownsville when the defendant, whose face was half-covered with a blue bandana, allegedly grabbed her from behind, held a knife to her neck and taped her mouth, then forced her into his car.

It is alleged that the victim was able to wrestle the knife from the defendant inside the car before he hit her with a tire iron and sexually assaulted her. After rummaging through the victim’s purse, it is alleged that the defendant shoved her out of the car and drove away with her purse, including her wallet and Android phone.

Officers responding to the incident collected surveillance footage in which the defendant is allegedly seen forcing the victim into his Honda Pilot. Using the Find My Device Android application, police were able to track the victim’s cell phone to Mount Vernon. Investigators determined the defendant likely crossed the Whitestone Bridge on his way from the incident location to Mount Vernon. A review of Honda Pilot license plates that crossed the bridge after the incident led to the vehicle that’s registered to the defendant.

On the morning of January 4, 2019, police arrested the defendant at his home, where they located the Honda Pilot that was seen crossing the Whitestone Bridge and on surveillance footage of the attack. Officers also recovered the defendant’s clothing—including a bloody blue bandana and sneakers with down feathers from the victim’s coat—as well as the victim’s ID, keys and credit cards.

The case is being prosecuted by Senior Assistant District Attorney Jennifer Nasar and Senior Assistant District Attorney Lana Schlesinger of the District Attorney’s Special Victims Bureau, under the supervision of Assistant District Attorney Miss Gregory, Bureau Chief.

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

Brooklyn Man Indicted for 1992 Cold Case Murder of Woman Who Was Found Naked and Shot on Brownsville Rooftop

FOR IMMEDIATE RELEASE
Friday, January 25, 2019

 

Brooklyn Man Indicted for 1992 Cold Case Murder of Woman
Who Was Found Naked and Shot on Brownsville Rooftop

Recently-Tested Oral Swabs Matched Defendant’s DNA

Brooklyn District Attorney Eric Gonzalez, together with New York City Police Commissioner James P. O’Neill, today announced that a 56-year-old man has been indicted for the 1992 murder of a young woman whose naked body was discovered on a Brownsville rooftop with gunshot wounds to the head. Oral swabs that were tested for DNA for the first time last year matched the DNA of the defendant, who was allegedly seen on the roof the day of the homicide.

District Attorney Gonzalez said, “My Cold Case Unit works tirelessly to ensure that justice is obtained for all murder victims in Brooklyn, no matter how long it takes. A review of the evidence in this cold case and new DNA testing have allowed us to charge this defendant with a heinous crime and we will now seek to hold him accountable.”

Commissioner O’Neill said, “The ability of investigators to finally bring about justice for this young woman and provide a sense of closure to her loved ones is paramount. The identification and arrest of the suspect in this case was truly a team effort that would not have been possible without the close partnership that exists between the NYPD and our law-enforcement partners. I thank and commend the Brooklyn District Attorney’s Cold Case Unit, and the hardworking members of the NYPD’s Cold Case Squad, our Sex Offender Monitoring Unit, and the 73rd Precinct Detective Squad. Some may think tragic cases like this get forgotten or abandoned. I hope this arrest and prosecution proves that we do not ever give up.”

The District Attorney identified the defendant as Calvin Grant, 56, of Brownsville, Brooklyn. He was arraigned yesterday before Brooklyn Supreme Court Justice Laura Johnson on one count of second-degree murder and was ordered held without bail and to return to court on April 5, 2019. The defendant faces a maximum sentence of 25 years to life in prison if convicted.

The District Attorney said that, according to the investigation, on April 11, 1992, a 21-year-old woman, Stacey Lynette Joyner, was discovered naked and unresponsive, with two gunshot wounds to the head, on the rooftop of 230 Lott Avenue in Brownsville. Building security guards heard a gunshot and rushed to the roof, where they discovered her body.

In the spring of 2018, the Brooklyn DA’s Cold Case Unit reviewed the case file and determined that oral swabs that were taken at the time of the autopsy had not been previously tested for DNA. Testing revealed that semen found on the oral swabs matched the DNA of the defendant, which was on file with the New York State DNA databank after a prior 2000 conviction in Brooklyn for third-degree robbery. The investigation revealed that the defendant lived in the building next door at the time of the homicide and that an individual who knew him allegedly got into a confrontation with him on the rooftop hours before the murder and observed him to have a gun.

The case was investigated by New York City Police Department Detective Robert Dewhurst of the NYPD Cold Case Squad under the supervision of Lt. Dennis Klein.

The case is being prosecuted by Senior Assistant District Attorney Nicole Itkin, of the District Attorney’s Homicide Bureau, under the supervision of Assistant District Attorneys Rachel Singer, Chief of the District Attorney’s Forensic Science and Cold Case Unit, and Timothy Gough, Homicide Bureau Chief.

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

 

Brooklyn District Attorney Eric Gonzalez Announces Hiring of New Executive ADA for Investigations and Promotion of Investigations Chief

FOR IMMEDIATE RELEASE
Thursday, January 24, 2019

 

Brooklyn District Attorney Eric Gonzalez Announces Hiring of New Executive ADA for Investigations and Promotion of Investigations Chief

Experienced Litigator and Veteran Prosecutor Will Expand the Office’s White Collar Enforcement Work to Ensure Competitive Playing Field in Growing Financial Sector

Brooklyn District Attorney Eric Gonzalez today announced the hiring of Matthew Fishbein as Executive Assistant District Attorney for the Investigations Division and the promotion of Trish McNeill to Chief of the Investigations Division. Together, they will expand the Office’s white collar enforcement work.

District Attorney Gonzalez said, “Brooklyn’s economy has benefited from tremendous growth in our financial industry, booming construction, and an array of innovative new small businesses. But where there is rapid growth, there are also new opportunities for criminal misconduct or schemes. We must make sure that all businesses comply with our laws to protect those most vulnerable to fraud and abuse—including elders, tenants and immigrants. I am confident that Matt’s and Trish’s experience will help us achieve this goal as we also continue to conduct investigations against corrupt public officials and criminal enterprises.”

As a litigation partner at Debevoise & Plimpton LLP through 2018, Fishbein specialized in white collar criminal defense, internal investigations and complex commercial litigation. He previously held leadership positions in two United States Attorney’s Offices. In 1993-97, he served as Chief Assistant U.S. Attorney and Chief of the Criminal Division in the U.S. Attorney’s Office for the Southern District of New York under U.S. Attorney Mary Jo White. In 1992-93, he held the position of Chief Assistant U.S. Attorney in the U.S. Attorney’s Office for the Eastern District of New York, having previously served as Chief of the Appeals Division and Chief of the Special Prosecutions Unit. As a prosecutor, he focused primarily on white collar prosecutions, including political corruption, business and securities fraud, and environmental crimes.

A graduate of Williams College and New York University Law School, Fishbein is a Fellow of the American College of Trial Lawyers, a distinction reserved for those whose careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality. He has been recognized by Chambers USA and The Legal 500 USA as a leader in white collar litigation and is a member of the 2016 National Trial Lawyers: Top 100 Criminal Defense Trial Lawyers. He received the Thurgood Marshall Award from the Association of the Bar of the City of New York in recognition of his pro bono representation of several clients in death penalty trials and appeals. He is also a lecturer on White Collar Crime at the University of Pennsylvania Law School.

McNeill has served as Deputy Chief of the Investigations Division for the past four years and has led the Division in several successful takedowns of violent criminal organizations, including the largest takedown of a gun trafficking ring in Brooklyn’s history, and an investigation into a complex $146 million healthcare fraud scheme, in cooperation with federal, state, and local partners, leading to an 878-count indictment of 34 defendants. Under her leadership, the Immigrant Affairs Unit has taken on an expanded role of ensuring fair treatment of our immigrant community, the Labor Fraud Unit has recovered millions of dollars in unpaid wages for workers, and the Real Estate Fraud Unit has successfully prosecuted several cases of deed theft.

Prior to that, McNeill served for two decades as a prosecutor in the Rackets Bureau/ Investigations Division, where she acquired a deep knowledge regarding all aspects of the investigation and prosecution of a full range of cases, from homicides, arsons and kidnappings, to organized crime, complex mortgage fraud schemes, enterprise corruption, hate crimes, loansharking, murder-for-hire and larceny schemes and conspiracies. A trial attorney with exceptional courtroom skills, she has been cross-designated several times as a Special Assistant United States Attorney: as part of the team that conducted a joint investigation and successful RICO prosecution of Lucchese crime family members, and as part of the team that investigated and tried, in the Southern District of Florida, 13 founders and other high-ranking members of the Cuban Mafia. That latter case resulted in the third-largest forfeiture in US history at the time, and, in recognition for their outstanding work, McNeill and her colleagues received the US Attorney General’s Directors Award for Superior Performance by a Litigation Team and the United States Department of Justice HIDTA/Asset Forfeiture Program Award.

With this new hire and promotion, the Brooklyn DA’s Office will strengthen its investigatory capabilities and its ability to keep pace with emerging economic trends in order to protect Brooklyn residents and ensure a level competitive playing field for law-abiding businesses.

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