Brooklyn Man Indicted for Violent Home Invasion Burglary Of Elderly Woman

FOR IMMEDIATE RELEASE
Wednesday, January 23, 2019

 

Brooklyn Man Indicted for Violent Home Invasion Burglary Of Elderly Woman

Defendant Allegedly Beat and Robbed 88-Year-Old Victim on Christmas Day

Brooklyn District Attorney Eric Gonzalez today announced that a 50-year-old Brooklyn man has been arraigned on an indictment in which he is charged with burglary, robbery, assault and other charges for allegedly violently attacking an 88-year-old woman in her Coney Island apartment on Christmas Day.

District Attorney Gonzalez said, “This defendant brutally and cowardly assaulted an elderly woman in her home, inflicting a trauma that will last far longer than her physical injuries. Those who violate the sanctity of Brooklyn residents’ homes will be brought to justice.”

The District Attorney identified the defendant as Marc Malone, 50, of East New York, Brooklyn. He was arraigned today on an 11-count indictment in which he is charged with first-, second- and third-degree burglary, second- and third-degree robbery, two counts of second-degree assault, fifth-degree criminal possession of stolen property, second- and third- degree criminal trespass, and seventh-degree criminal possession of a controlled substance. Bail was continued at $500,000 bond or $250,000 cash and the defendant was ordered to return to court on February 28, 2019.

The District Attorney said that, according to the investigation, on December 25, 2018, at approximately 6:44 a.m., in the vicinity of Surf Avenue and West 24th Street, the defendant allegedly broke into the home of the 88-year-old victim. The defendant allegedly beat the victim about the face and body and demanded she give him her property and cash. He then rummaged through her drawers and jewelry box.

Surveillance footage obtained from the victim’s apartment complex allegedly shows the defendant, identified by civilians and members of the NYPD, entering an elevator at the time of the occurrence and going up to the floor where the victim lives. The surveillance footage allegedly captured the defendant re-entering the elevator approximately 14 minutes later. In both videos the defendant is seen with a rolling suitcase and wearing a dark colored, hooded sweatshirt and camouflage pants.

Additional video police recovered from 2960 West 24th Street, a location where the defendant was known to previously reside, allegedly showed the defendant wearing the clothing and in possession of the rolling suitcase he allegedly had the morning of the home invasion. Officers assigned to the NYPD’s PSA -1 Command identified the defendant.

On December 28, 2018, officers located the defendant at his home on Miller Avenue, in East New York, Brooklyn, and took him into custody. The victim’s ring, earring and watch were allegedly recovered when the defendant was searched.

The victim suffered pain and bruising to her face and body and continues to suffer from headaches and pain related to her injuries.

The case is being prosecuted by Senior Assistant District Attorney Sara R. Kurtzberg and Assistant District Attorney Michael Pesin-Virovets of the District Attorney’s Green Zone Trial Bureau, under the supervision of Assistant District Attorney David Z. Klestzick, Bureau Chief.

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

 

Philadelphia Man Sentenced to 12 Years in Prison for Fatally Stabbing Fort Greene Man During Drug-Fueled Encounter

FOR IMMEDIATE RELEASE
Thursday, January 10, 2019

 

Philadelphia Man Sentenced to 12 Years in Prison for Fatally Stabbing
Fort Greene Man During Drug-Fueled Encounter

Stabbed Victim 22 Times After Meeting Him on Dating App

Brooklyn District Attorney Eric Gonzalez today announced that a 44-year-old man from Philadelphia has been sentenced to 12 years in prison for brutally stabbing and killing a Brooklyn man inside his apartment during a drug-fueled sexual encounter.

District Attorney Gonzalez said, “This defendant engaged in risky and dangerous behavior that culminated with a senseless killing of an innocent man. Today’s sentence holds him accountable for his deadly actions and I hope it will provide some solace to the victim’s loved ones.”

The District Attorney identified the defendant as David Haigh, 44, of Philadelphia, Pennsylvania. He was sentenced today to 12 years in prison and five years’ post release supervision by Brooklyn Supreme Court Justice Vincent Del Giudice. The defendant was convicted in December 2018 of first-degree manslaughter following a jury trial.

The District Attorney said that, according to trial testimony, in April 2017, after he connected with the victim, 41-year-old James Johnson, on a dating app, the defendant was at the victim’s Fort Greene apartment for a weekend of sex and drugs. After about 30 hours with no sleep, the evidence showed, the defendant became paranoid and locked himself and the victim inside the apartment.

The two men then engaged in a physical altercation during which the defendant stabbed the victim 22 times about his body using multiple knives, killing him on April 9 at about 6 a.m., according to the evidence. The defendant suffered minor injuries that are consistent with the victim trying to defend himself. Evidence showed that the defendant had a history of using methamphetamine, a drug he consumed before the killing, which has a propensity to cause paranoia.

The case was prosecuted by Senior Assistant District Attorney Leila Rosini, of the District Attorney’s Homicide Bureau, under the supervision of Assistant District Attorney Timothy Gough, Bureau Chief.

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Brooklyn Man Indicted for Stealing Neighbor’s East New York House; Allegedly Transferred Deed to Himself After Forging Notary’s Signature

FOR IMMEDIATE RELEASE
Thursday, January 10, 2019

 

Brooklyn Man Indicted for Stealing Neighbor’s East New York House;
Allegedly Transferred Deed to Himself After Forging Notary’s Signature

Defendant Befriended Elderly Victim for Whom He Worked as Part-Time Caretaker

Brooklyn District Attorney Eric Gonzalez today announced that a 29-year-old East New York man has been indicted for allegedly stealing and attempting to sell the home of his 85-year-old neighbor, a diabetic man for whom the defendant was a part-time caretaker.

District Attorney Gonzalez said “This case should serve as another warning that rising property values in Brooklyn make homeowners, especially the elderly, the target of unscrupulous predators trying to steal their homes from under them. I urge all homeowners to be especially careful about signing documents relating to their property without trusted legal advice.”

The District Attorney identified the defendant as Jordan Horsford, 29, of East New York, Brooklyn. He was arraigned yesterday before Brooklyn Supreme Court Justice Danny Chun on a 12-count indictment in which he is charged with second-degree grand larceny, third-degree grand larceny, first-degree identity theft, first-degree falsifying business records, offering a false instrument for filing, criminal possession of a forged instrument and fraudulently obtaining a signature. He was released without bail, ordered to surrender his passport and to return to court on March 6, 2019. The defendant faces up to 15 years in prison if convicted of the top count.

The District Attorney said that, according to the investigation, in August 2016 the defendant, who was known to do odd jobs in the neighborhood, began helping the victim as needed, including carrying his wheelchair up steps and helping him get in and out of vehicles; he was paid for each task by the victim’s family.

In April 2017, it is alleged, the victim’s family began paying the defendant $400 a week to accept Meals on Wheels deliveries and set them out for the victim, to make sure he took his medicine and to check in on him at night.

Between June 19, 2017 and November 1, 2017, the defendant allegedly convinced the victim to sign away the deed to his home on Barbey Street in East New York, Brooklyn. The defendant allegedly told the victim he risked losing his home if he did not sign a document, and had the document notarized by a notary. The defendant then allegedly realized he needed another document notarized, but the notary refused so the defendant allegedly copied and cut and pasted her original signature. He then recorded the deed, which had been signed over to him.

Finally, it is alleged, the defendant attempted to sell the house almost immediately after securing the deed, but a title company suspected foul play and refused to insure the home. The would-be purchaser then reached out to the 85-year-old victim’s family. At around the same time, the victim’s daughter, while going through her father’s mail, found a letter from the Department of Finance notifying them about documents filed relating to the property. The daughter pursued the matter with the DOF and the case was ultimately referred to the Brooklyn District Attorney’s Office for further investigation and prosecution.

Additionally, the defendant allegedly used the victim’s credit card to buy two gold bars online, one in September 2016 and another in August 2017.

The case was investigated by Detective Sheriff Kevin Acon, of the Criminal Investigations Bureau, New York City Department of Finance.

The case is being prosecuted by Senior Assistant District Attorney Karen Turner of the District Attorney’s Frauds Bureau, under the supervision of Assistant District Attorney Gavin Miles, Counsel to the Frauds Bureau, and the overall supervision of Assistant District Attorney Patricia McNeill, Deputy Chief of the District Attorney’s Investigations Division.

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

 

New Jersey Man Sentenced to 20 Years to Life in Prison for Shooting at New York City Police Officers After Car Chase

FOR IMMEDIATE RELEASE
Wednesday, January 9, 2019

 

New Jersey Man Sentenced to 20 Years to Life in Prison for
Shooting at New York City Police Officers After Car Chase

One Officer Was Shot in the Chest, Another Was Struck in the Hip

Brooklyn District Attorney Eric Gonzalez today announced that a 37-year-old New Jersey man was sentenced to 20 years to life in prison for aiming a gun at a bystander and multiple New York City Police Officers ¬before wounding two police officers. The shooting happened after a car chase through Bedford-Stuyvesant in 2016.

District Attorney Gonzalez said, “This defendant tried to kill multiple police officers and endangered many other innocent people while on a rampage on the streets of Brooklyn. This case again underscores the dangers our police officers face every day to keep us all safe.”

The District Attorney identified the defendant as Frederick Funes, 37, of Egg Harbor, New Jersey. He was sentenced today by Brooklyn Supreme Court Justice Danny Chun to 20 years to life in prison. The defendant pleaded guilty to first-degree attempted murder last November.

The District Attorney said that, according to the investigation, on February 20, 2016, at approximately 3:20 a.m., the defendant fired a shot from inside his vehicle while driving recklessly near the intersection of Quincy Street and Malcolm X Boulevard in Bedford-Stuyvesant, Brooklyn. The defendant then drove past a marked police car that was stationed around the corner and pointed his silver Magnum .357 revolver at Police Officers Jorge Zorrilla and Ayanna Shine who were seated inside the car. The defendant then led police on a chase through the neighborhood.

During the pursuit, the defendant pointed his gun at a uniformed MTA employee and then at Detective Christopher Kelley, Detective William Reddin, Detective Andrew Yurkiw and Lieutenant Barbara Fisher who were inside of an unmarked police vehicle with lights and sirens on. The defendant then drove the wrong way on Lexington Avenue and intentionally crashed his car into a marked police vehicle with Detective Scot Pedrick, Officer Abigale Ramsundar and Officer Thomas Whalen inside, according to the investigation.

Furthermore, after the crash, the defendant fired his weapon at the police officers and they returned fire, striking him multiple times. Police Officer Yurkiw was shot in the chest, but was saved by his bullet proof vest, while Police Officer Reddin was shot in the hip. Police recovered the defendant’s weapon at the scene.

The case was prosecuted by Assistant District Attorney Timothy Gough, Bureau Chief of the District Attorney’s Homicide Bureau, and Senior Assistant District Attorney Krystyn Tendy, of the District Attorney’s Grey Zone Trial Bureau.

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Driver who Crashed Car on Brooklyn Expressway and Left Young Woman for Dead Sentenced to State Prison

FOR IMMEDIATE RELEASE
Wednesday, January 9, 2019

 

Driver who Crashed Car on Brooklyn Expressway and
Left Young Woman for Dead Sentenced to State Prison

Vehicle Exploded, Defendant Fled Scene in a Cab without Calling 911

Brooklyn District Attorney Eric Gonzalez today announced that a 24-year-old Brooklyn man has been sentenced to up to 12 years in state prison. The defendant pleaded guilty to second-degree manslaughter for causing a car crash on the Gowanus Expressway and fleeing the scene with his passenger stranded inside the burning car, leaving her to die.

District Attorney Gonzalez said, “This defendant’s senseless and reckless actions caused the death of a young woman who had her entire life ahead of her. He showed complete disregard for human life and for the safety of everyone using our roadways. Hopefully, the victim’s heartbroken family will find some solace with today’s sentencing.”

The District Attorney identified the defendant as Saeed Ahmad, 24, of Marine Park, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Vincent Del Giudice to an indeterminate term of four to 12 years in prison. The defendant pleaded guilty to second-degree manslaughter on November 27, 2018.

The District Attorney said that, according to the investigation, on October 13, 2017 at approximately 4 a.m., the defendant was driving an Infinity sedan, returning from a night out in Manhattan with a friend, 25-year-old Harleen Grewal.

The defendant was driving at an excessive rate of speed, attempted to pass other vehicles and crashed his car into a side barrier between the Hamilton Avenue and the Prospect Expressway exits, causing it to explode and burst into flames, the evidence showed. He got out of the burning car, got into a cab and left without calling 911 or alerting anyone that the victim was still in the vehicle. She subsequently died and her remains were recovered from the scene after the fire was put out.

The defendant was arrested later that morning and tests determined that his blood alcohol level at the time of the crash was above the legal limit of .08.

The case was prosecuted by Assistant District Attorney Theresa Shanahan, Deputy Bureau Chief of the District Attorney’s Blue Zone Trial Bureau, and Assistant District Attorney Joseph Mancino, also of the Blue Zone, under the supervision of Assistant District Attorney Robert Walsh, Bureau Chief.

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Long Island Man Sentenced to 4 ½ to Nine Years in Prison in Connection with Stealing Nine Homes from Owners by Illegally Transferring Titles, Filing False Documents

FOR IMMEDIATE RELEASE
Wednesday, January 9, 2019

 

Long Island Man Sentenced to 4 ½ to Nine Years in Prison in Connection with Stealing Nine Homes from Owners by
Illegally Transferring Titles, Filing False Documents

Investigation Began After Canarsie Homeowner Reported His House Stolen

Brooklyn District Attorney Eric Gonzalez today announced that a Nassau County man has been sentenced to 4 ½ to nine years in prison in connection with illegally transferring the titles of seven houses in Brooklyn and two in Queens from their true owners to himself or a corporation – then renting out some of the properties and selling others.

District Attorney Gonzalez said, “In Brooklyn, we take real estate scams very seriously. The houses targeted in this fraud are worth millions of dollars. My prosecutors and investigators worked diligently to expose this fraudulent scheme and bring this defendant to justice.”

The District Attorney identified the defendant as Danny Noble, 49, of Baldwin, New York. Noble pleaded guilty to first-degree criminal possession of stolen property and fourth-degree conspiracy before Brooklyn Supreme Court Justice Danny Chun on April 27, 2016 and was sentenced today to an indeterminate term of 4 ½ to nine years in prison. His co-defendant, Romelo Grey, 41, of Freeport, New York, pleaded guilty to falsifying business records on August 16, 2016, and was sentenced to 1½ to 3 years in prison.

The District Attorney said that, according to the indictment, between June 29, 2010 and March 31, 2015, the defendants falsely transferred title to seven Brooklyn properties: 71 Carlton Avenue, 104 Vanderbilt Avenue, 45 North Oxford Street and 70 Clermont Avenue, in Fort Greene; 1391 East 95th Street in Canarsie; 357 Jefferson Avenue in Bedford-Stuyvesant; 729 Essex Street in East New York and two properties in Queens: 94-05 108th Street in Jamaica and 187-05 Liberty Avenue in Hollis.

Five of the properties were transferred from the actual homeowners to Noble, according to the indictment, three were transferred to 69 Adelphi Street, LLC, and one to a third party. The defendants allegedly targeted the properties because the owners did not live in the houses and rarely visited them.

Once the titles were transferred, according to the indictment, the defendants carried out various scams in order to cash in on them. For example, Noble maintained control of 45 North Oxford Street, a recently renovated brownstone in Fort Greene, whose owner lived outside of the United States. Noble rented out two apartments in the brownstone, collecting $1,500 a month in rent for each of them. He also maintained control of the two houses in Queens, renting them out for various amounts.

In another facet of the scheme, concerning 1247 Putnam Avenue in Brooklyn, Noble filed a fraudulent satisfaction of mortgage.

Furthermore, for example, with respect to 71 Carlton Avenue, 104 Vanderbilt Avenue, 70 Clermont Avenue, and 1391 East 95th Street, the defendants transferred the properties’ titles into the names of other, third parties.

The District Attorney said that, according to the investigation, the scheme was discovered after Grey and Noble transferred the title to the Canarsie house at 1391 East 95th Street to a third party. Grey visited the house with the buyer to inspect it, and told the tenants living there that they had to move out. The buyer then began renovating the house and those workers caught the eye of an employee of a business across the street, which was actually owned by the true owner of 1391 East 95th Street. That employee called the owner of the property, who called police. Further investigation led to the defendants’ connections to the other properties.

As part of the scheme, Noble, the leader, filed false documents with the New York City Department of Finance, Office of the City Register, which maintains land records and other real property filings in New York City, including records relating to ownership and encumbrances, such as liens and mortgages.

The case was prosecuted by Assistant District Attorney Richard Farrell, Chief of the District Attorney’s Real Estate Fraud Unit, under the overall supervision of Assistant District Attorney Patricia McNeill, Deputy Chief of the Investigations Division.

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Brooklyn Man Who Shot and Killed Young Father in Gravesend Park at Event to Deter Gun Violence Sentenced to 25 Years to Life in Prison

FOR IMMEDIATE RELEASE
Wednesday, January 9, 2019

 

Brooklyn Man Who Shot and Killed Young Father in Gravesend Park at Event to Deter Gun Violence Sentenced to 25 Years to Life in Prison

Victim, Who Had Just Celebrated His Son’s Birthday, Was Struck 17 Times

Brooklyn District Attorney Eric Gonzalez today announced that a Gravesend man has been sentenced to 25 years to life in prison for fatally shooting a 30-year-old father who had been celebrating his son’s third birthday at a Brooklyn park where a community event to combat gun violence was taking place.

District Attorney Gonzalez said, “This was a completely brazen and senseless murder of an innocent man. That it took place during an event meant to honor victims of gun violence and deter further fatalities is heartbreaking. In Brooklyn, we are committed to ending the cycle of gun violence that is destroying too many young lives and leaving families devastated.”

The District Attorney identified the defendant as Raheem Dunaway, 36, of Gravesend, Brooklyn. He was sentenced today to 25 years to life in prison by Brooklyn Supreme Court Justice Jill Konvisor. The defendant was convicted of second-degree murder and second-degree criminal possession of a weapon last month following a jury trial.

The District Attorney said that, according to the evidence, on August 21, 2016, at approximately 1:30 a.m., the defendant shot Daquan Spencer, 30, who was inside Scarangella Park on Stillwell Avenue, near the New York City Housing Authority’s Marlboro Houses, in Gravesend, Brooklyn.

The community was hosting an inaugural event in the park to combat gun violence and memorialize the lives of six young men who died of gun violence. The victim was at the park after celebrating his son’s birthday.

The evidence showed that the defendant was picking arguments and confronting people for no apparent reason prior to approaching the victim, and without any reason or provocation, firing at him 20 times, striking him 17 times in the head, neck, back, chest, stomach, legs and buttocks. The defendant continued shooting as the victim fell on his knees and attempted to crawl away.

Following the shooting, the defendant walked to a waiting vehicle parked in the street and left the scene, according to trial testimony. The defendant was arrested approximately two and a half months later in Loris, South Carolina, on November 10, 2016. After his extradition to New York, he was identified as the shooter at a police lineup and from witness statements, according to trial testimony.

The case was prosecuted by Senior Assistant District Attorney Chow Yun Xie, of the District Attorney’s Homicide Bureau, and Assistant District Attorney Aaron Fishkin, 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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Brownsville Man Indicted for 2012 Cold Case Murder of His Girlfriend

FOR IMMEDIATE RELEASE
Tuesday, January 8, 2019

 

Brownsville Man Indicted for 2012 Cold Case
Murder of His Girlfriend

Defendant’s DNA Found on Victim’s Fingernails and on
Laundry Bag in Which Body was Discovered

Brooklyn District Attorney Eric Gonzalez today announced that a 59-year-old man has been indicted for murder, with DNA evidence connecting him to the 2012 death of his 50-year-old girlfriend whose body was discovered inside a laundry bag that was left on a street in Brownsville, Brooklyn.

District Attorney Gonzalez said, “A thorough examination of the forensic evidence in this cold case and additional recent investigatory steps allowed us to bring murder charges in order to hold the alleged killer responsible. My Cold Case Unit continues to work diligently with the NYPD to identify and investigate past crimes, including those that lie dormant, in an attempt to bring all offenders to justice.”

The District Attorney identified the defendant as Clayton Wilkins, 59, of Brownsville, Brooklyn. He was arraigned yesterday before Brooklyn Supreme Court Justice Vincent Del Giudice on one charge of second-degree murder and one charge of first degree strangulation and was ordered held without bail and to return to court on March 22, 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 February 15, 2012, at about 12:30 p.m., the body of Renee Staton, 50, of Manhattan, was discovered inside a black laundry bag outside of 101 Lott Avenue in Brownsville. The victim was last seen the previous afternoon leaving the Bridge’s lyana House in East Harlem, which provides housing for homeless women.

A forensic analysis of the evidence recovered from the victim’s left and right hands’ fingernails, from a scarf the victim was wearing and from the drawstrings of the laundry bag matched a DNA sample that was provided by the defendant. In a recent interview with detectives, the defendant, who was dating the victim at the time, denied ever seeing the laundry bag or getting scratched by the victim.

The case was investigated by Detective Jason Palamara of the NYPD’s Cold Case Squad, under the supervision of Lieutenant Dennis Klein.

The case is being prosecuted by Senior Assistant District Attorney Emily Dean, of the District Attorney’s Homicide Bureau, under the supervision of Assistant District Attorney 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 Records the Lowest Number of Homicides in 2018 as Detentions on Bail and Prosecutions of Drug Offenses Decline Dramatically

FOR IMMEDIATE RELEASE
Thursday, December 27, 2018

 

Brooklyn Records the Lowest Number of Homicides in 2018 as
Detentions on Bail and Prosecutions of Drug Offenses Decline Dramatically

Murders Dropped Below 100 for the First Time Since Record-Keeping Began;
Admissions to Rikers Island on Misdemeanor Cases Declined by Over 43%

Brooklyn District Attorney Eric Gonzalez today announced that 2018 will end with the fewest number of homicides in Brooklyn since record-keeping began, beating last year’s historic low and dropping below 100 for the first time. At the same time, the number of misdemeanor defendants held in Rikers on bail declined by over 43% compared to 2017; the number of prosecutions of marijuana possession offenses was slashed by 98%; and the number of prosecutions of low-level possession of a controlled substance dropped by about 10%, with 150 individuals having their cases dismissed without ever appearing in court under the new Brooklyn CLEAR diversion program.

District Attorney Gonzalez said, “In Brooklyn, we are leading the way in implementing initiatives that strengthen trust in the criminal justice system while keeping communities safe. Working with the NYPD, we are continuing to see declines in most crimes, with another historic low in homicides. And we are showing our commitment to enhancing fairness and equity by reducing reliance on incarceration and offering more opportunities for diversion. I look forward to achieving additional meaningful reforms in the coming year as we execute my Justice 2020 action plan and build a truly progressive and modern District Attorney’s Office.”

The District Attorney said that 97 murders were recorded in Brooklyn to date in 2018, 13 fewer than last year’s low of 110 (down 11.8%).  This is the first time when fewer than 100 murders took place in the borough annually since record-keeping began. The most significant declines were in Coney Island (60th Precinct), where no murders were committed, compared to eight in 2017; East Flatbush (67th Precinct), which experienced a 65% decrease, from 17 to six; and East New York (75th Precinct), with six homicides compared to 11 the year before, down 45%.

After reaching historic lows in shootings and shooting victims in 2017, there were upticks in these two categories in 2018. There were 21 additional shootings for a total of 308 and 25 additional shooting victims for a total of 366. These figures still represent 26% and 27% declines respectively compared to 2016.

There was a 1.9% drop in the seven major crime categories in 2018 with significant reductions in robberies (-8.2%), burglaries (-4.1) and grand theft auto (-11.3%), but an increase in reported rapes (15.9%). Total arrests in Brooklyn fell by 14.6% compared to 2017. Overall safety improved in Brooklyn’s housing developments, with declines in homicides (-26%), shootings (-2.8%) and shooting victims (-4.8%). [All statistics are as of December 27, 2018, according to the NYPD’s CompStat analysis.]

Detentions on Rikers Island on misdemeanor cases also continued to go down in keeping with a trend that started after District Attorney Gonzalez put in place a new bail policy in April 2017, under which release without bail became the District Attorney’s Office’s default position for most misdemeanors. Monthly admissions to jail on these offenses averaged 96.8 people in 2018, down 43.3% compared to the year before and down nearly 58% since the bail policy was implemented (the monthly average stood at 228.6 in 2016 and 171.2 in 2017).

Prosecutions of low-level drug offenses also decreased sharply as a result of changes to the District Attorney’s priorities and policies. Prosecutions of misdemeanor marijuana possession cases plunged by about 98% over the course of 2018, as District Attorney Gonzalez expanded the Office’s declination policy in the spring to include smoking cases. That groundbreaking change was followed by citywide revisions of the NYPD’s enforcement policies that now call for criminal summonses as the primary response to low-level marijuana offenses. Last week, The District Attorney moved to vacate 1,422 misdemeanor warrants stemming from marijuana possession cases and erased 28 past marijuana possession convictions, representing the first time in New York State that criminal records for that offense were cleared under a DA’s initiative. The District Attorney said that any legislation that legalizes marijuana use must include a provision to erase old records for possession.

Misdemeanor possession cases of other narcotics also fell in Brooklyn over the past year with the number of criminal complaints declining by 9.6%. Much of the drop can be attributed to Brooklyn CLEAR, which started as a pilot in February and expanded in September to the entire borough. Under CLEAR, individuals arrested on misdemeanor charges of criminal possession of a controlled substance in the seventh degree have the opportunity to resolve their cases by receiving services rather than appearing in court if they comply with independent assessment-based recommendations for 30 days. So far, 150 people had their cases dismissed before ever appearing in court, with 44 others still enrolled in the program. A total of 219 naloxone kits that reverse the effects of opioid overdoses were distributed by peer counselors as part of the program.

Early in 2019, District Attorney Gonzalez will release his entire Justice 2020 action plan, which consists of additional transformative changes to the way his Office processes cases, partners with the community, targets drivers of crime and evaluates data and staff performance, among other reforms. Some of the initiatives planned for the coming year include collaborations with criminal justice experts and academics, new approaches to community service, expanded programs for pre-charge and pre-arraignment diversion with low-threshold participation, improvements in discovery policies and new trainings for prosecutors.

 

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Former Executive Director Indicted for Allegedly Stealing over $458,000 from Fort Greene Nonprofit

FOR IMMEDIATE RELEASE
Thursday, December 20, 2018

 

Former Executive Director Indicted for Allegedly
Stealing over $458,000 from Fort Greene Nonprofit

Defendant Allegedly Embezzled the Money Over a Nine-Month Period

Brooklyn District Attorney Eric Gonzalez today announced that a former Executive Director of Boys Hope Girls Hope of New York, a local chapter of a national nonprofit, was arraigned today on an indictment in which he is charged with grand larceny and other charges for allegedly transferring over $458,000 from the organization’s bank account into unauthorized bank accounts, two of which were in his own name.

District Attorney Gonzalez said, “This defendant allegedly embezzled money from a nonprofit whose mission is to help disadvantaged youth in our community reach their full potential. He not only abused his position as an executive by his alleged criminal actions, but also betrayed the trust of the organization he was supposed to lead.”

The District Attorney identified the defendant as Malick Fall, 39, of Fort Greene, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which he is charged with three counts of second-degree grand larceny and four counts of third-degree grand larceny. He faces up to 15 years in prison if convicted of the top count. He was ordered held on $250,000 bond or $100,000 cash bail and to return to court on February 6, 2019.

The District Attorney said that, according to the investigation, between October 15, 2015 and June 7, 2016, the defendant allegedly made six unauthorized transfers totaling $458,950 from a bank account of the organization into various bank accounts, including two accounts in his name. It is alleged that he transferred an aggregate total of $355,000 electronically on January 4, 2016, January 11, 2016 and June 7, 2016 into a personal account that he maintained at TD Bank. On October 15, 2015, the defendant allegedly transferred $48,950 into a personal account he maintained at Chase Bank.

The defendant denied knowledge of the six transfers when the theft was discovered through an audit. The matter was referred to the New York City Police Department by trustees of Boys Hope Girls Hope of New York.

The case was investigated by Chief Financial Analyst Arthur Criscione and Senior Assistant District Attorney Joseph DiBenedetto, of the District Attorney’s Office.

The case is being prosecuted by Senior Assistant District Attorney Joseph DiBenedetto, of the District Attorney’s Cyber Crimes Unit/Frauds Bureau, under the supervision of Assistant District Attorney Gavin Miles, Counsel to the Frauds Bureau, and the overall supervision of Assistant District Attorney Patricia McNeill, Deputy Chief of the District Attorney’s Investigations Division.

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