Press Releases

FOR IMMEDIATE RELEASE
Monday, March 26, 2018

 

Brooklyn District Attorney’s Office Announces Media Apprenticeship
In Collaboration With BRIC

Part of Initiative to Create Alternatives to Incarceration

Brooklyn District Attorney Eric Gonzalez, together with BRIC President Leslie G. Schultz, today announced a media apprenticeship program for young men enrolled in court-involved youth programs. This partnership is supported by the Brooklyn Community Foundation and its Invest in Youth initiative.

Brooklyn District Attorney Gonzalez said, “Through this partnership we can put into place one of our Justice 2020 goals, which is reducing incarceration and working in collaboration with community partners to promote safety and strengthen our communities. This apprenticeship will introduce at-risk youth to media, film and television production through an intense set of workshops designed to provide them with the skills and training necessary to pursue a career.”

The BRIC Project Re-Direct Media Apprenticeship Program is funded through a $25,000 grant from Brooklyn Community Foundation and a $10,000 grant from the DA’s Office. The apprenticeship will be comprised of young men ages 16 to 22 ¬¬¬¬who are participants in Bureau of Youth Diversion programs, Project Re-Direct and Youth & Congregations in Partnership, who have expressed an interest in media production. The goal of this program is to teach the participants video production, storytelling and production skills.

Leslie Schultz, President of BRIC said, “Amplifying the voices of our Brooklyn youth is central to BRIC’s mission. This partnership expands BRIC’s commitment to arts and media for all, and allows us to offer talented young Brooklynites a powerful platform with which to share their stories and creative vision.”

As part of the media apprenticeship, the young men will learn how to produce podcasts, videos and short documentary films. The apprenticeship will have two levels of training: basic and intermediate. After successfully completing Level 1 and Level 2 training, the participants will be designated as BRIC “Certified Community Producers” which will allow them free access to the equipment and studio facilities of BRIC. Participants will produce their own original content which will be aired on Brooklyn Free Speech TV and its online platforms.

BRIC will also support the participants’ efforts to secure additional opportunities to extend their training and increase their potential for job placement by applying for the Made in New York Post Production Training Program which is administered by Brooklyn Workforce Innovations. BRIC media education staff will work with young people to review the program requirements and develop their applications.

Level 1 of the program’s daytime sessions will run from March 22 to April 19, and the evening sessions will run from April 26 to May 24. The Level 2 sessions will run from May 31 to June 28.

This apprenticeship is the result of a pilot program from last summer that was funded by the Brooklyn DA’s Office and BRIC, through $10,000 and $5,000 grants, respectively.

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FOR IMMEDIATE RELEASE
Friday, March 23, 2018

 

Brooklyn Man Sentenced to 25 Years to Life in Prison for Killing his Ex-Girlfriend in
Brooklyn Bridge Park after Stalking and Threatening Her

Shot Victim Once in the Head as She spoke on Cell Phone; Stalked her Days Before;
Facebook Messages Showed Weeks of Growing Obsession after Breakup

Brooklyn District Attorney Eric Gonzalez today announced that a 55-year-old Brooklyn man has been sentenced to 25 years to life in prison following his conviction of murder and other charges for shooting his 23-year-old ex-girlfriend once in the head after she left her job in Brooklyn Bridge Park. The defendant was increasingly obsessive and threatening in the weeks before the homicide and physically stalked the victim in the days leading up to her death.

District Attorney Gonzalez said, “The senseless murder of a promising young woman at the hands of this defendant was devastating and cruel, coming on the heels of an unacceptable campaign to terrorize her. I hope that today’s sentence brings a small measure of solace to her grieving loved-ones. My Office will continue to investigate all cases of domestic violence to ensure justice for victims.”

The District Attorney identified the defendant as Lamont Wright, 55, of East Flatbush, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice John Hecht to 25 years to life in prison following his conviction earlier this month of second-degree murder, second-degree criminal possession of a weapon and stalking after a jury trial.

The District Attorney said that, according to trial testimony, on June 6, 2016, at about 9:20 p.m., the victim, 23-year-old Michelle Marks, left Fornino’s restaurant in Brooklyn Bridge Park, where she worked as a waitress, and was walking toward her bus stop. She was talking on the phone with her boyfriend at the time when the defendant’s voice was heard in the background. The victim then said to her boyfriend, “Babe, he’s here, call the police, he’s got a gun,” at which point the call dropped. The victim was found shortly thereafter at the bus stop, bleeding from the head, and was subsequently declared dead.

The evidence showed that one day earlier, the defendant – with whom Ms. Marks broke up some time before – waited for the victim in the lobby of her Crown Heights building and followed her to her apartment door, where he pushed her, scattering groceries. Her boyfriend and mother intervened and the defendant fled by the time police arrived.

Three days prior to that, on June 2, 2016, the victim was walking with a co-worker in Brooklyn Bridge Park and saw the defendant waiting for her. She told the co-worker, “Look, there’s my stalker.” Later that night, when the two workers were on a cigarette break near Pier 6, the defendant jumped out of bushes and confronted the victim about her “kissing this white boy.”

The defendant was taken into custody on June 7, 2016 and charged with the incidents that preceded the murder. He claimed that he was home on the evening of June 6 and that he was speaking with a girl named “Emily from Ohio.”

An analysis of cell site data proved that the defendant was in the vicinity of the crime scene at the time of the murder and not in his home, located over five miles away. Facebook messages between him and the victim from May 15, 2016 through the day of the murder showed that Ms. Marks wanted to end their relationship but the defendant refused to accept that, with some of his messages being threatening or obsessive. In one audio message, he said, “I promise you you’re not done with me because either I’m gonna wind up in jail or I’m gonna wind up in a grave.”

Finally, a search warrant executed on the Facebook account of “Emily from Ohio” revealed that the defendant communicated with her before and after the homicide. Audio messages described the June 5 incident outside the victim’s apartment and, in another disturbing audio message, the defendant stated that ‘if he blew her f—ing brains out, everyone would say he did something wrong.’ The defendant was subsequently charged with Ms. Marks’s murder.

The case was prosecuted by Assistant District Attorney Michelle Kaminsky, Chief of the District Attorney’s Domestic Violence Bureau, and Assistant District Attorney Anne Volk of the District Attorney’s Special Victims Bureau, under the supervision of Mark Feldman, Senior Executive Assistant District Attorney for Crime Strategy and Investigations.

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FOR IMMEDIATE RELEASE
Wednesday, March 21, 2018

 

Brooklyn Man Sentenced to Seven Years in State Prison
For Sex Trafficking Two Teenagers in East New York

Defendant Lured 14-Year-Old and 15-Year-Old to His House Under False Pretenses

Brooklyn District Attorney Eric Gonzalez today announced that a 25-year-old man who pleaded guilty to sex trafficking and promoting prostitution has been sentenced to seven years in prison and five years’ post-release supervision.

District Attorney Gonzalez said, “This defendant preyed on innocent and naïve young girls, luring them to his house with false promises. Human trafficking is one of the most degrading crimes in which victims are treated like property, and it will not be tolerated in Brooklyn.”

The District Attorney identified the defendant as Blake Cherry, 25, of East New York, Brooklyn. The defendant was sentenced today by Brooklyn Supreme Court Justice Danny Chun to seven years in prison and five years’ post-release supervision. He will be required to register as a sex offender upon his release. He pleaded guilty to sex trafficking and second-degree promoting prostitution before Justice Chun on March 7, 2018. A co-defendant, Quayshaun Canady, pleaded guilty to second-degree promoting prostitution on November 29, 2017 and was sentenced to an indeterminate term of two to six years in prison on December 20, 2017. He also must register as a sex offender upon release.

The District Attorney said that, according to the investigation, in April 2016, the defendant recruited a 14-year-old girl he met on Facebook to come to Brooklyn from Connecticut to be a model, claiming he was a photographer and that she could make good money. The victim ran away from home and boarded a Greyhound bus to the Port Authority, where she met Cherry, who took her to his East New York home.

The victim was forced to sleep on a couch in Cherry’s bedroom, where he slept with his girlfriend. The victim saw Cherry beat his girlfriend, putting the victim in fear of Cherry. She learned that Cherry was not a photographer and she would not be a model. She was then forced to have sex for money with men who answered an advertisement that Cherry placed on Backpage.com.

A few days later, the victim was introduced to Quayshaun Canady, who took her to a hotel and told her she would now work as a prostitute for him. She was forced to engage in sex for money with men over several days until she got sick and Canady then brought her back to Cherry’s house. She later escaped to a shelter and was reunited with her family.

In October 2016, a 15-year-old girl was lured to Cherry’s house under the guise of going shopping. She hung out at the house with Cherry and several other people and was plied with alcohol. Cherry then took pictures of her and posted them on the Backpage.com offering escort services. The victim told Cherry she was afraid and did not want to work as a prostitute. He then took her to his basement and forced her to have sex with him.

He subsequently drove her around Brooklyn and Queens and forced her to have sex with men for money. In an effort to escape, the victim took a screen shot of Cherry’s license plate and sent it to a family member who notified the police. The NYPD tracked the vehicle to Queens and the victim was rescued moments before Cherry intended to drive her to meet with a man who was to pay to have sex with her.

The case was investigated by New York City Police Department Detective Scott Velazquez and Detective James Rufle, of the Vice Major Case Team, under the supervision of Sergeant Gregory Graves, Lieutenant Christopher Sharpe and Captain Thomas Milano, and the overall supervision of Inspector James Klein.

The District Attorney thanked Detective Suzanne Laiuppa of the Bloomfield, Connecticut Police Department for her assistance in the investigation.

The case was prosecuted by Senior Assistant District Attorney David Weiss, of the District Attorney’s Human Trafficking Unit, under the supervision of Assistant District Attorney Laura Edidin, Unit Chief, and the overall supervision of Assistant District Attorney Miss Gregory, Chief of the Special Victims Bureau.

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FOR IMMEDIATE RELEASE
Thursday, March 15, 2018

 

Crown Heights Man Sentenced to 37 Years to Life in Prison for
Fatally Shooting Man Inside a Parked Car

Fired Eight Times Through Open Window

Brooklyn District Attorney Eric Gonzalez today announced that a 25-year-old Brooklyn man has been sentenced to 37 years to life in prison for fatally shooting a father-of-four who was sitting inside a parked car in Gravesend.

District Attorney Gonzalez said, “This defendant’s callous actions took a man’s life and robbed four children of their father. This type of heinous gun violence will not be tolerated in Brooklyn and I will continue to keep our streets safe by ensuring that ruthless killers be brought to justice.”

The District Attorney identified the defendant as Deyshawn James, 25, of Crown Heights, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Evelyn LaPorte to 37 years to life in prison following his conviction last month of second-degree murder and second-degree criminal possession of a weapon after a jury trial.

The District Attorney said that on September 12, 2015, at approximately 5:30 a.m., the victim, 32-year-old Clarence Bryant, was sitting in the back seat of a double-parked car on 86th Street in Gravesend, Brooklyn. According to trial testimony, the defendant approached the vehicle and opened fire through an open window. He struck the victim eight times – twice in the face and six times in the back.

The victim tried to crawl for his life to the front seat, where he bled profusely, the evidence showed. The driver of the car drove him to Coney Island Hospital, where he succumbed to his wounds. The defendant fled in a waiting vehicle, according to the evidence. The shooting was captured on surveillance video.

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

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FOR IMMEDIATE RELEASE
Tuesday, March 13, 2018

 

Queens Man Who Allegedly Posed as Attorney and Allegedly Promised Wrongful Conviction Legal Services Indicted for Stealing Money from Desperate Inmates and Their Families

Defendant Allegedly Cheated 18 Inmates and Their Relatives

Brooklyn District Attorney Eric Gonzalez today announced that a Queens man who purported to be an attorney specializing in getting wrongful convictions overturned allegedly preyed on inmates serving lengthy sentences in prisons in New York and across the country, and their families, taking up to $15,000 to file post-conviction motions on their behalf – but instead filed no such motions on 16 cases and filed fraudulent briefs on two others.

District Attorney Gonzalez said, “This case is especially reprehensible to me because in Brooklyn we have a robust Conviction Review Unit that takes wrongful conviction claims seriously. This defendant allegedly took advantage of that exemplary work by targeting vulnerable victims and exploiting the hope of inmates and their families that they might be released from custody. He has now been exposed as an alleged con man and I urge anyone else who believes they have been victimized by him to contact my office.”

The District Attorney identified the defendant as Kenneth Moore, 53, of Glendale, Queens. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on a 75-count indictment in which he is charged with third- and fourth-degree grand larceny, third-degree attempted grand larceny, first-degree scheme to defraud, unauthorized practice of a profession, second-degree criminal possession of a forged instrument, second- and third-degree forgery, first-degree offering a false instrument for filing, third-degree criminal possession of a forged instrument, and second-, third- and fourth-degree criminal mischief. He faces up to seven years in prison if convicted of the top count. He was ordered held on bail of $300,000 bond or $150,000 cash and to return to court on May 16, 2018.

The District Attorney said that, according to the indictment, between April 1, 2012 and August 31, 2016, the defendant, through a company he created, Waymore Post-Conviction, LLC., engaged in a fraudulent scheme in which he purported to be a licensed attorney specializing in post-conviction review with the capability of filing court documents, requesting new trials, obtaining sentence reductions and offering legal assistance to incarcerated individuals. Moore maintained an office for Waymore at 10 Goodwin Place in Bushwick, Brooklyn from 2011 to 2016.

It is alleged that Moore targeted specific inmates serving lengthy sentences, including up to life in prison, for murder, manslaughter and other serious crimes, sending them certified letters offering to file post-conviction motions on their behalf, and maintained a website, www.waymorepostconviction.com. The inmates were serving time in prisons in New York, North Carolina, Kansas, Virginia and various other states. In one particularly egregious case, it is alleged, an out-of-state Innocence Project organization expressed interest in a New York inmate’s case and the defendant persuaded the inmate and his family to hire him instead.

Moore allegedly told inmates who responded to him that they should have a family member contact him to sign a contract and set up a payment plan. He allegedly took between $5,000 and $15,000 from each inmate’s family, but generally took $10,000. In the contract that was signed, the defendant specifically stated that 80 percent of the contractual balance must be paid before he filed the agreed upon post-conviction motions. It is alleged that once he received the money, he did not file the motions except in two cases where he filed post-conviction motions to set aside verdicts on behalf of inmates using the forged signature of an actual attorney who had no knowledge of the motions being filed.

In some instances, Moore allegedly told family members they would have to hire an expert witness, and had them send the fee for the witness directly to him, funds which he also stole.

Finally, according to the indictment, Moore typically stayed in contact with the inmates and their families while payments were being made to him, but after receiving the agreed upon payment or a substantial payment, and when family members asked about the lack of progress in the case, he stopped returning their calls or having any contact with them, sometimes changing his phone number.

Anyone who believes they were victimized by Moore should call the District Attorney’s Office at 718-250-2600.

The case was investigated by Detective Investigator Jacqueline Klapak and Supervising Detective Investigator Michael Seminara, of the District Attorney’s Investigations Bureau, under the supervision of Chief Investigator Joseph Piraino. Supervising Financial Investigator Deborah Wey, Investigative Analyst Janelle Cacopardo and Investigative Paralegal Yulie Landan also investigated the case and paralegals and support staff, Orestes Romero, Petrona Solorzano, Zachary Gitman, Peter Holmes, and Catherine Urbanelli, assisted as well. Also, special thanks to Investigator Tareq Rabadi of the New York State Department of Corrections Intelligence Division.

The case is being prosecuted by Senior Assistant District Attorney Samantha Magnani, of the District Attorney’s Investigations Division and Senior Assistant District Attorney Sara Walshe, of the District Attorney’s Public Integrity Unit, under the supervision of Assistant District Attorney Michel Spanakos, Chief of the Public Integrity Unit, and the overall supervision of Assistant District Attorney Patricia McNeill, Deputy Chief of the District Attorney’s Investigations Division and Mark Feldman, Senior Executive Assistant for Crime Strategies and Investigations.

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

 

FOR IMMEDIATE RELEASE
Monday, March 12, 2018

 

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

Joint Partnership with United Federation of Teachers;
Will Give Students an Opportunity to Learn About the Criminal Justice System

Brooklyn District Attorney Eric Gonzalez, together with United Federation of Teachers President Michael Mulgrew, 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 9 to August 10, 2018.

District Attorney Gonzalez said, “We are thrilled to once again open our doors to high school students eager to learn about the criminal justice system. This type of exposure can help a student shape their goals and imagine themselves pursuing a career in law. This internship is a great opportunity to observe how all the parts of our criminal justice system work together.”

President Mulgrew said, “The Brooklyn District Attorney’s office gives our high school students real world work experience and quality mentoring. We are pleased to partner with District Attorney Eric Gonzalez on this project.”

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; assist prosecutors preparing for trial; work on discovery; file maintenance and organizing 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.

Interns will receive a MetroCard to cover their transportation needs which are being provided by the United Federation of Teachers.

During the five-week paid internship participants will receive a $150 stipend per week, and a weekly MetroCard. Internship hours will be: Monday through Thursday, 9:00 a.m. to 4:00 p.m., and Friday, 9:00 a.m. to 12:00 pm. Applicants are required to provide their most recent school transcript, a one-page resume, one letter of recommendation, and must 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 and aspirations.

To apply, please visit: http://apply.brooklynda.org beginning today, March 12, 2018, 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 Friday, April 27, 2018. For questions or assistance, please contact the High School Internship and Youth Initiatives Program Coordinator at (718) 250-4873.

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FOR IMMEDIATE RELEASE
Wednesday, March 7, 2018

 

Former Owner of Three-Quarter Houses Sentenced to Up to Three Years in Prison for
Unlawfully Removing Tenants from Homes in Fraudulent Scheme

Forced Residents Out of Apartments During the Day,
Locked Doors, Put Belongings on the Street and Broke Stoves

Brooklyn District Attorney Eric Gonzalez today announced that the former owner of a company that operated three-quarter houses in Brooklyn was sentenced to one to three years in prison following his guilty plea to scheme to defraud. The defendant used various tactics to evict residents without a court order, including putting their belongings on the street, removing their mattresses, preventing them from cooking by breaking stoves and locking the doors to the residences to prevent entry after forcing them out during the daytime.

District Attorney Gonzalez said, “This defendant preyed on vulnurable people who desperately needed a home. He did that to line his own pockets and deserves to be in prison for his fraudulent and cruel actions. His pattern of unlawful evictions and degrading living conditions were outrageous and I will not tolerate such behavior from any landlord in Brooklyn.”

The District Attorney identified the defendant as Yury Baumblit, 67, of Brighton Beach, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Danny Chun to one to three years in state prison following his guilty plea last month to first-degree scheme to defraud. The sentence will run concurrently with a two and a half to five years sentence stemming from a separate Medicaid fraud case that was handled by the New York State Attorney General’s Office.

The District Attorney said that, according to the investigation, Baumblit operated Back on Track Inc., a company that rented out three-quarter houses (also known as transitional houses or sober houses). Most tenants in his houses received shelter allowance from the New York City Human Resources Administration and others paid the landlord in cash.

Between April 2014 and March 16, 2016, the defendant unlawfully evicted at least 10 tenants who occupied rooms for over 30 days – even though landlords cannot evict a tenant who occupies a room or a bed for 30 consecutive days without a court order. That constituted an ongoing scheme to defraud these tenants of their property. All the tenants were directed by Baumblit to attend a substance abuse program, even when they did not have a substance abuse problem.

One victim moved to 456 Glenmore Avenue in East New York, Brooklyn in May 2014 and resided there for over a year. During that period, Baumblit or his employee locked the residence during the day, according to the investigation. In addition, the victim observed the defendant or his employees removing mattresses belonging to tenants and destroying the stove so tenants could not cook.

Another tenant in the residence, who paid Baumblit in cash from his disability payments, was evicted after six months in the home when the defendant removed his belongings and placed another tenant in his bed. The victim sued in Tenant-Landlord Court and obtained an order directing Baumblit to return the bed to him. The defendant refused and the victim slept on the floor for more than four months.

At that same residence, another victim had surgery in early 2015 and, subsequently, was told by Baumblit he could not stay in the home during the day and had to attend his assigned program. The victim went to the program, collapsed in the street and was hospitalized for five days, according to the indictment.

The case was investigated by Detective Investigator Marvin Chalmers under the supervision of Supervising Detective Investigator Robert Addonizio and Deputy Chief Edwin Murphy. NYPD Police Officer Courney Vishawadia, of the 73rd Precinct, initially investigated the case and arrested the defendant.

The case was prosecuted by Senior Assistant District Attorney Vivian Young Joo, of the District Attorney’s Frauds Bureau, under the supervision of Assistant District Attorney Patricia McNeill, Deputy Chief of the Investigations Division.

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FOR IMMEDIATE RELEASE
Tuesday, March 6, 2018

 

Brooklyn District Attorney Announces Project Brooklyn CLEAR to
Offer Treatment for Individuals Arrested with Small Amount of Narcotics

In Effort to Stem Opioid Dependency, Pre-Arraignment Diversion Will Provide Services from Time of Arrest; Those who Participate Will Have Their Misdemeanor Charges Dismissed

Brooklyn District Attorney Eric Gonzalez, together with New York City Police Commissioner James P. O’Neil and New York City Council Speaker Corey Johnson, today announced the launch of a pre-arraignment diversion program to assist individuals who suffer from drug dependency and misuse. Under Project CLEAR (Collaborative Legal Engagement Assistance Response), individuals arrested for misdemeanor possession of a controlled substance will be offered the opportunity to receive treatment and other community-based services before their initial court appearance. If they meaningfully participate, the DA’s Office will decline prosecution of their cases before they ever appear in court and their arrest record will be sealed.

District Attorney Gonzalez said, “In the face of a growing opioid epidemic, we must look for new ways to assist those who are drug dependent. Often, prosecuting individuals who are arrested with small amounts of narcotics, used to feed their habits, does little to help them. By offering tools that aid in treating their addiction and could prevent a potential overdose, Project Brooklyn CLEAR can save lives and send people on the road to recovery. I would like to thank all of our partners who worked to bring this program to Brooklyn and hope that, together, we will make strides in stemming this crisis.”

Commissioner O’Neill said, “Redirecting eligible, low-level narcotics offenders towards treatment and other community-based services is one way the NYPD and other city agencies are working together to prevent overdose deaths and save lives. Saving lives is the NYPD’s top priority.”

Speaker Johnson said, “Drug addiction has destroyed the lives of too many New Yorkers and their families. Instead of punishing those struggling with addiction, we must help put them on the path to recovery. With the establishment of CLEAR, the City will address drug addiction, like the opioid epidemic, as a public health crisis and offer treatment to those suffering from substance abuse, instead of criminal prosecution. This Council is proud to stand with the District Attorney and the NYPD, and we thank them for working with us in taking steps to make the criminal justice system more fair. The New York City Council is proud to have worked with Brooklyn District Attorney Eric Gonzalez and the NYPD to launch this innovative programming.”

The District Attorney said that Project CLEAR is modeled after the HOPE program that was successfully implemented in Staten Island about a year ago. In Brooklyn, it was launched last month as a pilot in six Brooklyn South precincts that experience high overdose rates: the 60th Precinct (Coney Island), 61st Precinct (Sheepshead Bay), 62nd Precinct (Bensonhurst, Gravesend), 68th Precinct (Dyker Heights, Bay Ridge), 71st Precinct (Prospect -Lefferts Gardens, Crown Heights) and 72nd Precinct (Sunset Park).

There were 84 overdose fatalities in these six precincts last year, according to preliminary NYPD data, representing a third of the total overdose deaths in Brooklyn during 2017 (which stood at 251). In addition, about 57% of the saves using naloxone nasal spray last year (189 out of 333) took place in these precincts. Based on last year’s arrest numbers, over 700 people annually will be eligible for CLEAR during its pilot phase.

Under CLEAR, individuals arrested on misdemeanor charges of criminal possession of a controlled substance in the seventh degree (PL 220.03) and eligible for a DAT (desk appearance ticket) will have the opportunity to resolve their cases by receiving services rather than appearing in court if they comply with assessment-based recommendations.

When the NYPD determines the individual is eligible, they will call the Brooklyn DA’s Office and receive a return date for the DAT – typically within seven days of arrest instead of the traditional 30. The DA’s Office will then notify the EAC Network which will dispatch a Peer Recovery Coach to meet the individual at the precinct. Peers are non-law enforcement personnel who are trained to assist those challenged by drug misuse. They will encourage the individual to be assessed by EAC Network within seven days. They will also provide a naloxone kit and instructions on its proper use. If necessary, the peer can provide immediate access to detoxification services.

Arrested individuals can decline to participate and opt to make the scheduled court appearance on the return date seven days later and the cases will be traditionally prosecuted. If they agree to an assessment within seven days, the cases will be postponed for a 30-day period, during which the individuals will be encouraged to meaningfully engage in services that were offered based on the assessment. The assessments will be performed at the offices of EAC Network, a social service agency.

If the individual complies with their recommendations within 30 days, the DA’s Office will be notified and exercise its prosecutorial discretion by formally declining to prosecute the arrest. The arrested individual will not have to appear in court and the arrest record will be sealed. Throughout the process, The Legal Aid Society will be available to assist both those who participate and those who opted not to participate in the program – a decision that will have no effect on the disposition of their cases.
Health Commissioner Dr. Mary T. Bassett said, “I applaud District Attorney Gonzalez for changing our approach to enforcing drug possession laws and his embrace of strong partnerships to address substance use as a health issue. The CLEAR program will help New Yorkers who need health services get care instead of punishment.”
EAC Network said, “Brooklyn CLEAR is an innovative solution to the heroin epidemic that is plaguing our communities. The partnership between the police, the DA, EAC Network and community partners will allow participants to be connected to services without the trauma of going through the system.”

Dawn Ryan, Attorney-In-Charge of the Brooklyn Criminal Defense Practice at The Legal Aid Society, said, “We laud this announcement from Brooklyn District Attorney Eric Gonzalez that prioritizes treatment over incarceration. Our clients and others suffering from addiction are best served from diversion programs that lead to self-sustaining lives. Addiction should be met with compassion not prosecution. The Legal Aid Society implores New York City’s other District Attorneys to take notice of these effective and progressive alternatives.”

Council Member Mark Treyger said, “CLEAR is an innovative, synergetic approach to solving the problem of substance misuse, which increasingly threatens the health and well-being of New Yorkers. I commend District Attorney Gonzalez, Commissioner O’Neill and Speaker Johnson for prioritizing treatment and preventative measures rather than punishment, helping encourage recovery, end drug dependency and save lives.”

Council Member Justin Brannan said, “I am grateful to see the precincts that cover Bay Ridge, Dyker Heights, Bensonhurst and Bath Beach are three of the six in Brooklyn to be part of the pilot for the CLEAR program in Brooklyn. It’s time we step in and look for long term solutions to our drug and opioid crisis in our neighborhoods. Instead of incarceration and a criminal record, this will be a meaningful step in helping those with substance abuse. A similar program is working in Staten Island and I expect it will be a success here in Brooklyn as well.”

Council Member Mathieu Eugene said, “The launch of Project Brooklyn CLEAR is a critical step in the city’s ability to rehabilitate low level drug offenders. We have a moral responsibility to help those whose lives have been impacted by the ravages of drug abuse. This program will provide much needed mentorship and a path towards redemption for individuals who face imprisonment, while also creating safer and more welcoming neighborhoods for our families. It is my hope that this program will be beneficial to all parties who are working diligently to prevent drug abuse in our city.”

Council Member Chaim Deutsch said, “I commend Brooklyn DA Eric Gonzalez for the courage to seek real solutions to a problem in our community, in recognizing the opioid epidemic is often at the root of criminal behavior as it decimates communities and families. Project CLEAR gives people suffering from substance abuse a choice and a chance to put the brakes on risky behavior that involves an unending cycle of addiction, turmoil, and criminal activity, and enables drug abusers to seek a path of redemption and proper health care, instead of incarceration and a criminal record for life.”

The District Attorney thanked the Staten Island District Attorney’s Office and DA Michael McMahon for their assistance and cooperation.

He also thanked the New York City Council for allocating resources, as well as the city’s Department of Health and Mental Hygiene, the NYPD, EAC Network and VOCAL-NY, one of the service providers that will engage in harm reduction services, for their partnership in this program. The District Attorney thanked Phoenix House for its support.

Brooklyn CLEAR is being directed by Senior Assistant District Attorney Karen Varriale, of the District Attorney’s Drug Treatment Unit, under the supervision of Assistant District Attorney David Heslin, Unit Chief, and the overall supervision of Jill Harris, Policy and Strategy Counsel, and Renee Gregory, First Assistant District Attorney.

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FOR IMMEDIATE RELEASE
Friday, March 2, 2018

 

Defendant Who Allegedly Drove Drunk and Killed Pedestrian in Bushwick Arraigned on Indictment Charging Him with Depraved Indifference Murder

Driver Slammed into Crowd on Sidewalk, Drove Away with Person on Car Hood, Then Struck a Taxi, Before Finally Being Stopped by Police. Nine People Injured, Including Woman who Died

Brooklyn District Attorney Eric Gonzalez today announced that a 23-year-old man has been arraigned on a 42-count indictment in which he is charged with murder, assault, aggravated vehicular homicide and other charges for allegedly injuring nine people after driving on the sidewalk and slamming into a crowd of people, then crashing into a taxi while fleeing the scene before being captured by police. One woman died of her injuries days later.

District Attorney Gonzalez said, “This defendant allegedly barreled down the sidewalk and mowed down a group of pedestrians. His terrible decision to allegedly drive drunk had horrific consequences for several innocent bystanders, including a young woman who died and her heartbroken family. We will now seek justice for all affected by this defendant’s depraved behavior.”

The District Attorney identified the defendant as Naquan Ricks, 23, of Brooklyn. He was arraigned yesterday before Brooklyn Supreme Court Justice Vincent Del Giudice on an indictment in which he is charged with second-degree murder, first-degree assault, aggravated vehicular homicide, second-degree manslaughter and related charges. He remains out on $10,000 bail, which was set at his Criminal Court arraignment. Justice Del Giudice increased his bail to $50,000 bond or $20,000 cash and ordered him to post it by April 12, 2018, his next court date. The defendant 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 September 4, 2017, at approximately 5 a.m., at Halsey and Wilson Street, the defendant was behind the wheel of his black 2007 Infinity when he allegedly drove onto the sidewalk and struck a large group of people in front of 1185 Halsey Street, causing some people to go under his car and some to land on the hood of his car. The vehicle stopped when it rammed a fence, causing a wheel to fall off. It is alleged that the defendant backed up and then drove forward again and drove onto the street with a person still on the hood. The person fell off the hood as the defendant allegedly drove toward Central Avenue, fleeing on three wheels.

Furthermore, it is alleged, the defendant continued driving down Halsey Street and then T-boned a taxi at the intersection of Halsey Street and Bushwick Avenue. The defendant didn’t stop, and continued to drive down Bushwick Avenue towards Decatur Street, then struck a fence in the vicinity of Decatur Street and Schaefer Street. He was finally stopped when he was surrounded by police on Schaefer Street.

The defendant was taken to Woodhull Hospital and it is alleged his blood alcohol level was 0.17 at the time of the first collision, more than twice the legal limit. Approximately nine people were taken to various hospitals for injuries including a fractured arm and foot; broken ankle; pain to various parts of body; one person required a metal plate and eight screws in his ankle. One of the victims allegedly struck by the defendant, Lindsey Powell, died five days later from complications from her injuries.

The case is being prosecuted by Senior Assistant District Attorney Douglas Marquez and Assistant District Attorney Michelle Murray, the District Attorney’s Grey Zone Trial Bureau, under the supervision of Assistant District Attorney James Lin, Deputy Bureau Chief, and Assistant District Attorney Danielle Eaddy, Bureau Chief, with the assistance of Assistant District Attorney Craig Esswein, Chief of the District Attorney’s Vehicular Crimes Bureau and the overall supervision of Assistant District Attorney Joseph Alexis, Chief of the Trial Division. Assistant District Attorney Jacob Uriel, also of the Grey Zone, assisted in the investigation.

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

 

FOR IMMEDIATE RELEASE
Friday, March 2, 2018

 

Police Officer Indicted for Public Lewdness, Exposure

Defendant Allegedly Exposed Himself on Multiple Occasions
To Five Female Police Officers While on Duty

Brooklyn District Attorney Eric Gonzalez today announced that a New York City Police Officer was arraigned today on an indictment in which he is charged with seven counts of public lewdness and four counts of exposure for allegedly exposing himself to other officers while on duty.

District Attorney Gonzalez said “There is no place for this defendant’s alleged outrageous behavior anywhere in our society and especially within our police department. I commend the Internal Affairs Bureau and my prosecutors for taking swift action to investigate and prosecute these disturbing allegations.”

The District Attorney identified the defendant as Police Officer Anthony Avosso, 31, who is assigned to the 60^th Precinct anti-crime unit. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which he is charged with seven counts of public lewdness and four counts of exposure of a person. He was released without bail and ordered to return to court on May 2, 2018.

The District Attorney said that, according to the investigation, on February 16, 2018, a female officer assigned to the 60^th precinct filed a complaint with her Patrolmen’s Benevolent Association delegate stating that the night before and on two other occasions the defendant exposed himself to her during the course of conducting normal business in the precinct stationhouse while they were alone in a room.

Following that disclosure, and upon further investigation, it is alleged that the officer:

• Exposed himself to a probationary female officer who was just out of the Police Academy while asking her about her goals in the department.
• Exposed himself on the subway while returning to the precinct from 350 Jay Street, the District Attorney’s Office, to a female police officer sitting next to him, for a period of time.
• Exposed himself to another female officer and masturbated in front of her in a marked police car during an overnight tour for a period of time, until she finally exited the vehicle.
• Exposed himself to a fifth female officer inside the 60^th precinct stationhouse while the two of them were in a room alone, while asking her questions, and exposed himself a second time while the two of them were in a police car returning from court.

The case was investigated by New York City Police Sergeant Stephanie Robles of Internal Affairs Bureau Group 33 and Lieutenant Michael Parisi of IAB Group 33.

The case is being prosecuted by Senior Assistant District Attorney Adriana Rodriguez, of the District Attorney’s Civil Rights Bureau, under the supervision of Assistant District Attorney Kelli M. Muse, Deputy Bureau Chief, 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