Press Releases

FOR IMMEDIATE RELEASE
Friday, February 9, 2018

 

Motorist Whose Doctor Allegedly Told Him Not to Drive Because of Medical Condition Indicted for Manslaughter of Father in East Flatbush

Driver Slammed into Pedestrian after Losing Control of Vehicle

Brooklyn District Attorney Eric Gonzalez today announced that a 41-year-old man has been indicted on manslaughter and other charges for a 2017 fatal crash that took place after his leg allegedly locked on the gas pedal of his car due to a pre-existing medical condition, causing him to lose control of the car at a high rate of speed.

District Attorney Gonzalez said, “This was a preventable death that could have been avoided if the defendant had listened to his own doctor’s advice, instead he got behind the wheel and now an innocent father is dead. Following a thorough investigation, we will now seek to hold him accountable because I am determined to keep our streets safe for all pedestrians, bicyclists and drivers.”

The District Attorney identified the defendant as Mark Antoine, 41, of Brooklyn. He was arraigned yesterday before Brooklyn Supreme Court Justice William Miller on an indictment in which he is charged with second-degree manslaughter, criminally negligent homicide, reckless driving and speeding. He was ordered held on $50,000 bail and to return to court on February 14, 2018. The defendant faces up to 15 years in prison if convicted of the top charge.

The District Attorney said that, according to the investigation, on January 9, 2017, at approximately 5:20 p.m., the defendant was behind the wheel of a 2004 Nissan Pathfinder in the vicinity of Avenue A and Remsen Avenue in East Flatbush, when his leg allegedly stiffened due to a medical condition and became locked on the gas pedal. He lost control of the car at a high rate of speed and had multiple accidents involving six other cars and struck and killed a pedestrian, Marlon Palacios, at Avenue A and Linden Boulevard. The incident occurred over two blocks, with the vehicle’s speed accelerating throughout, and alleged to be at least 60 mph when Palacios was struck.

Following an investigation, it was revealed that Antoine had been diagnosed and was being treated for multiple sclerosis, and that prior to the incident his physician told him that he should not drive due to his medical condition.

The case is being prosecuted by Assistant District Attorney Jennifer Nocella, Deputy Chief of the District Attorney’s Vehicular Crimes Unit, under the supervision of Assistant District Attorney Craig Esswein, Chief of the Vehicular Crimes Unit, and the overall supervision of Assistant District Attorney Joseph Alexis, Chief of the Trial Division.

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

 

FOR IMMEDIATE RELEASE
Wednesday, February 7, 2018

 

Brooklyn Man Indicted for Using Facebook to Lure
Teenage Girls in to Sex Scheme

Defendant Charged with Raping Three Minors, Ages 14 and 15

Brooklyn District Attorney Eric Gonzalez today announced that a 26-year-old Prospect Park South man has been charged in two separate indictments in connection with catfishing three teenage girls into a fake “sex for money” scheme on Facebook, videotaping himself having sex with them and threatening to post the videos online if they didn’t continue to be intimate with him.

District Attorney Gonzalez said, “This defendant is allegedly a sexual predator who targeted vulnerable young girls in a cruel scheme. Parents and social media users should be aware that there are many predators trolling the internet for victims, who are then preyed upon, and should always closely monitor online activity.”

The District Attorney identified the defendant as Phyllip Bertrand, aka Coolen Jay, aka Teddy, 26, of Prospect Park South, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which he is charged with five counts of second-degree rape, five counts of third-degree rape, five counts of sexual misconduct, and endangering the welfare of a child. Last month he was arraigned on an indictment in which he is charged with two counts of first-degree rape, seven counts of third-degree rape, seven counts of sexual misconduct, three counts of use of a child in a sexual performance, five counts of promoting a sexual performance by a child, two counts of possessing a sexual performance by a child, four counts of endangering the welfare of a child, five counts of third-degree criminal sexual act, first- and second-degree coercion, three counts of use of a child in a sexual performance as a sexually motivated felony, and five counts of promoting a sexual performance by a child as a sexually motivated felony. He is being held on bail of $500,000 bond or $250,000 cash on the earlier indictment. Justice Chun set an additional bail of $100,000 bond or $50,000 cash at today’s arraignment.

The District Attorney said that the defendant allegedly approached multiple teenage girls on Facebook, pretending to be someone known as “Coolen Jay” and said they could make thousands of dollars (in one instance up to $20,000) by having sex with his friend, “Teddy.” The investigation revealed that “Teddy” and “Coolen Jay” were aliases for the defendant.

The first victim, a 15-year-old girl, agreed to have sex with “Teddy” for money on multiple occasions, beginning in April 2017, but when she asked to be paid she was promised she would get the money at a later date. By September 2017 she complained that she hadn’t received any money and stopped visiting “Teddy.” The defendant, who had allegedly been texting the victim using both personas, “Coolen Jay” and “Teddy,” then allegedly posted a video of her having sex with him online, which was sent to several of her school mates. He also allegedly posted it to a porn website. She was notified by the principal of her school and police were called.

Upon further investigation, including a review of the defendant’s social media, it is alleged, two additional victims of the same type of scheme were identified, a 15-year-old girl and a 14-year-old girl, both of whom were lured by “Coolen Jay” to have sex with “Teddy” in exchange for cash. Neither girl was ever paid.

Anyone who is aware of additional victims of this scheme is urged to call police at 646-872-7609.

The case was investigated by New York City Police Department Detective Philip Adaszewski of the Major Case Vice Unit, under the supervision of Lieutenant Joseph Agresta and Captain Thomas Milano, and the overall supervision of Inspector James Klein.

Senior Intelligence Analyst Brooklyn Middleton of the District Attorney’s Crime Strategies Unit and KCDA Digital Forensic Analysts Jason Lee and Thomas Woodburn assisted in the investigation.

The case is being prosecuted by Senior Assistant District Attorney David Weiss and Assistant District Attorney Anne Volk, of the District Attorney’s Human Trafficking Unit, with the assistance of Paralegal Alexandra Iorio and KCDA Human Trafficking Social Worker Tracy Sun, 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
Tuesday, February 6, 2018

 

Brooklyn Man Sentenced to 20 Years to Life in Prison
For Fatal Shooting of Innocent Woman in Crown Heights

Victim Shot on Eastern Parkway as Her Son Waited in Her Car

Brooklyn District Attorney Eric Gonzalez today announced that a 37-year-old man has been sentenced to 20 years to life in prison for the 2007 fatal shooting of a 35-year-old woman.

District Attorney Gonzalez said, “This defendant senselessly took the life of an innocent bystander when he engaged in an afternoon gunfight, leaving a young boy without his mother and devastating her family. He has now been held accountable.”

The District Attorney identified the defendant as Darius Dubarry, 37, of Crown Heights, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Miriam Cyrulnik to 20 years to life in prison. The defendant was convicted of one count of second-degree murder on December 15, 2017 following a jury trial.

The District Attorney said that, according to trial testimony, on December 15, 2007, at approximately 5:30 p.m., the defendant got into a gun battle with Herburtho Benjamin in the vicinity of 390 Eastern Parkway in Crown Heights. Dubarry fired 10 shots from his 9mm gun and Benjamin fired approximately four shots. Carol Simon was struck once in the abdomen by a bullet from Dubarry’s gun and later died at Kings County Hospital. She had just left her 9-year-old son in a car and was trying to return home to her apartment on Eastern Parkway to retrieve something before taking her son to his swimming lesson when she was shot.

The defendant fled to Augusta, Georgia and was apprehended there by police on December 23, 2007 in a Days Inn motel where he had checked in using a different name.

Dubarry was convicted of second-degree murder in 2009, but the conviction was reversed on appeal. At the same trial, his co-defendant, Benjamin was convicted of second-degree manslaughter.

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

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FOR IMMEDIATE RELEASE
Monday, February 5, 2018

 

Contractor Who Admitted Shortchanging Workers on New York City Housing Authority Construction Project Pays $650,000 Restitution

Paid Less Than Half the Prevailing Wage and Pocketed the Rest

Brooklyn District Attorney Eric Gonzalez and Department of Investigation Commissioner Mark G. Peters today announced that a contractor who previously pleaded guilty to underpaying 27 employees who worked on a construction project in Brooklyn that was financed by the New York City Housing Authority (NYCHA) has paid $650,000 in restitution to those who were cheated out of wages. The defendant instructed the workers to lie to integrity inspectors about how much they were actually earning.

District Attorney Gonzalez said, “This is the second case in as many months where we have recovered substantial amounts of restitution from contractors who brazenly stole from workers. This case is especially outrageous in that the workers were told they were being cheated and were forced to lie about their wages to integrity inspectors in order to keep their jobs. Such abuse of hard-working laborers will not be tolerated in Brooklyn and will be criminally prosecuted.”

Commissioner Peters said, “With these guilty pleas and restitution, workers will finally receive their rightful wages – wages that were stolen from them by these defendants as part of a prevailing wage scheme. DOI will continue its work fighting prevailing wage and construction fraud. DOI thanks its partners at the Brooklyn District Attorney’s Office for their work on this case.”

The District Attorney identified the defendant as Mehdi (“Morris”) Dayan, 75, of Roslyn, N.Y.; and his company, EEC Group Tech Inc., of Jericho, N.Y. Both defendants pleaded guilty to first-degree scheme to defraud and second-degree grand larceny on September 27, 2017, before Brooklyn Supreme Court Justice Danny Chun. They were ordered to make restitution of $650,000, which was paid last week. Dayan was sentenced by Justice Chun today to three years’ probation and EEC was sentenced to a conditional discharge.

In October 2017, his co-defendants in the case, Mohammed (“Taju”) Miah, 60, of Canarsie, Brooklyn and his company, T&J Contracting Inc., of Crown Heights, Brooklyn pleaded guilty to a misdemeanor violation of the Labor Law, were debarred from city contracts and forfeited their general contractor licenses. Another co-defendant, Sharifullah Sowpon, 41, the foreman of T&J Contracting, also of Canarsie, Brooklyn, also pleaded guilty to a misdemeanor violation of the Labor Law and was sentenced to a conditional discharge.

The District Attorney said that on December 19, 2013, defendant Dayan, as president and owner of EEC Group Tech Inc., submitted an $8 million bid to NYCHA for a contract to preform exterior restoration and roofing replacement at two Brooklyn housing developments: the Brown Houses at 1776 Prospect Plaza in Crown Heights and Glenmore Plaza at 89 Christopher Avenue in Brownsville. The bid listed T&J Contracting Inc. as masonry and roofing subcontractor. EEC won the bid on March 28, 2014.

The bid and contract repeatedly stated that the defendants were obligated to pay federal Davis-Bacon prevailing wages to all workers. The hourly rates, including benefits, ranged from $61.50 to $82.31. After 40 hours a week, the contract required wages of time-and-a-half the straight-time rate. NYCHA employed an integrity monitor, whose representatives regularly visited the worksite, checked that the correct wages were posted, reviewed payroll reports, interviewed workers and repeatedly admonished the defendants to pay the correct prevailing wages.

Between April 29, 2014 and November 19, 2015, 27 employees on the project worked as mason tenders, roofers, bricklayers, carpenters and stone masons. The defendants listed the names of nearly all of these employees on the certified payroll reports submitted to NYCHA, which stated that the defendants had paid all workers the correct wages. It is alleged that, in reality, the workers were paid between $15 and $25 per hour and some were not paid for all the weeks of work.

In an attempt to evade discovery of the scheme, defendants Miah and Sowpon instructed workers to tell the integrity monitors that they were getting paid between $54 and $74 per hour and all the defendants made the workers sign an acknowledgement form, stating that each worker received full Davis-Bacon prevailing wages, when that was not true, and released the defendants from any claim for wages. Defendants Dayan and EEC instructed their outside payroll service to create payroll records showing that workers received prevailing wages that matched the certified reports submitted to NYCHA. The investigation revealed that the company never distributed most of these checks to the workers and, despite repeated requests, never provided the integrity monitor with copies of the cashed employee paychecks.

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 District Attorney’s Investigations Division.

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FOR IMMEDIATE RELEASE
Thursday, February 1, 2018

 

Brighton Beach Man Sentenced to 19 Years in Prison For Fatally Shooting a Friend in the Chest

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been sentenced to 19 years in prison for the 2015 shooting death of a 29-year-old man.

District Attorney Gonzalez said, “This defendant showed a total disregard for human life when he fatally shot his friend to death. He has now been held accountable for this crime, and we will continue our efforts to keep the streets of Brooklyn safe from senseless gun violence.”

The District Attorney identified the defendant as Jeffrey McCrae, 33, of Brighton Beach, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Alexander Jeong to 19 years in prison and five years’ post-release supervision following his conviction on December 11, 2017 of first-degree manslaughter and second-degree criminal possession of a weapon after a jury trial.

The District Attorney said that, according to trial testimony, on March 24, 2015, near 1663 Ocean Parkway, in Midwood, Brooklyn, the defendant shot and killed his friend Natik Nissimov, 29. The defendant shot the victim at least once directly in the chest. The victim was found unresponsive in the street at about 6:40 a.m. He was transported to Coney Island Hospital where he was pronounced dead.

Earlier that night, there was a stabbing of a mutual friend of the defendant and the victim, and the defendant claimed to have seen the deceased pass a knife to the stabber. However, the evidence showed that the deceased had nothing to do with the stabbing. The defendant lured the victim to the location and killed him, according to testimony.

The defendant was arrested on an unrelated grand larceny charge in June 2015 and later made a video statement admitting to the shooting.

The case was prosecuted by Senior Assistant District Attorney Bernarda Villalona, 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
Wednesday, January 31, 2018

 

Eleven Defendants Charged with Conspiring to Traffick Narcotics Following Undercover Investigation into Lucrative Ring Operating in
Sheepshead Bay, Coney Island and Gerritsen Beach

Operation Allegedly Took in Approximately $17,000 a Week

Brooklyn District Attorney Eric Gonzalez and New York City Police Commissioner James P. O’Neill today announced that 11 people have been indicted in connection with a narcotics trafficking ring that operated primarily in southern Brooklyn, selling cocaine and heroin, including heroin mixed with fentanyl.

District Attorney Gonzalez said, “This indictment reflects our continuing commitment to fighting the burgeoning scourge of opioid addiction that is spreading to too many of our neighborhoods. These drug dealers profit from the misery of addiction, selling dangerous drugs while destroying lives and futures. Thanks to the hard work of the NYPD and prosecutors from our office, we will now seek to hold them accountable for their criminal actions.”

Commissioner O’Neill said, “As alleged, these individuals fueled the supply of narcotics in areas of Brooklyn through their drug trafficking operation, while they ignored the welfare of the communities they operated in and profited from. I commend the NYPD investigators and the Kings County District Attorney’s Office prosecutors whose hard work resulted in holding these persons accountable for their criminal actions.”

It is alleged that over the course of the investigation, from June 6, 2017 to January 20, 2018, the narcotics ring, which was allegedly led by defendant Jorge Valerio, operated primarily in southern Brooklyn, in Sheepshead Bay, Coney Island and Gerritsen Beach, but extended to Sunset Park, Bay Ridge and Staten Island, selling quantities of cocaine and heroin (which was packaged in distinctive blue and white checkered pattern glassines) ranging from approximately $100 to up to $7,000 at a time. Heroin purchased during the undercover operation included samples that tested positive for the synthetic opioid fentanyl, which is much more potent and deadly than heroin, although it was being sold as heroin.

Furthermore, according to the investigation, the ring operated seven days a week, from morning through evening, taking orders by telephone and delivering narcotics in face to face transactions. It is alleged that the defendants who delivered the narcotics to customers shared a single cell phone that was switched from person to person depending on who was on call. The ring allegedly took in approximately $17,000 a week during the course of the operation.

The defendants, who were arrested this morning, were arraigned this afternoon before Brooklyn Supreme Court Justice William M. Harrington on a 273-count indictment in which they are all charged with second-degree conspiracy, a B felony punishable by up to 25 years in prison. Valerio, the alleged ringleader, is charged with operating as a major trafficker, an A-I felony and is facing up to 30 years in prison. He and the other defendants are variously charged with second-and third-degree criminal sale of a controlled substance; and third-, fourth- and fifth-degree criminal possession of a controlled substance. They were ordered to return to court on March 23, 2018.

The NYPD executed search warrants in connection with the case this morning and estimated they recovered almost $500,000 in cash and approximately 1½ kilos of heroin and ½ kilo of cocaine.

The investigation was conducted by New York City Police Detectives Dudley Ewald and Agapito Solar of Narcotics Borough Brooklyn South, Major Case Unit, under the supervision of Sergeant Khamra Singh, Lieutenant Christopher Ward, Deputy Inspector John Lewis and the overall supervision of Inspector Michael Cody.

NYPD Investigator Paulette Simpson, Lieutenant Matthew Spano and Captain  Matthew Zuss, Commanding Officer of the Kings County District Attorney’s NYPD Squad assisted in the investigation.

The case is being prosecuted by Assistant District Attorneys Gillian DiPietro, Elizabeth Kowell and Joy Kieras, of the District Attorney’s Violent Criminal Enterprises Bureau, under the supervision of Assistant District Attorney Jennifer Cilia, VCE Deputy Chief, and Assistant District Attorney Nicole Chavis, VCE Chief, and the overall supervision of Assistant District Attorney Patricia McNeill, Deputy Chief of the District Attorney’s Investigations Division.

Defendant Addendum:

1. Jorge Valerio, 35, of Coney Island, Brooklyn.
2. Michael Almonte, 37, of Bedford-Stuyvesant, Brooklyn.
3. Ernest Deschamps, 27, of Sunset Park, Brooklyn.
4. Kevin Suriel, 24, of Coney Island, Brooklyn.
5. Gabrielle Fermin, 27, of Staten Island.
6. Baby Amanda Suriel, 23, of Sunset Park, Brooklyn.
7. Joel Raymond Salas, 31, of Midwood, Brooklyn.
8. Mehdi Elyamine, 28, of Coney Island, Brooklyn.
9. Manuela Nunez, 39, of East New York, Brooklyn.
10. Nyrell Nunez, 20, of East New York, Brooklyn.
11. Luis Perez, 33, of Staten Island.

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

 

FOR IMMEDIATE RELEASE
Thursday, January 25, 2018

 

Gang Members Convicted of Manslaughter for Fatally Shooting Teenager Outside of Applebee’s in Downtown Brooklyn

Shots Fired as Two Rival Gangs Confronted Each Other on Busy Flatbush Avenue

Brooklyn District Attorney Eric Gonzalez today announced that two teenage gang members have been convicted of first-degree manslaughter and other charges for the 2015 shooting death of sixteen-year-old Armani Hankins and for shooting and injuring an 18-year-old.

District Attorney Gonzalez said, “These defendants escalated a confrontation between two gangs into a deadly incident on a busy Brooklyn street. Gang and gun violence is senselessly ruining the lives of too many young people and those who participate in such lawless behavior will be held responsible for their actions.”

The District Attorney identified the defendants as Malik Peters, 19, of Fort Greene, Brooklyn and Tyshawn Simon-Roberson, 18, of Downtown Brooklyn. Both defendants were convicted of first-degree manslaughter, first-degree attempted assault and second-degree criminal possession of a weapon. Simon-Roberson was convicted on Monday, January 22, 2018 and Peters was convicted today. Brooklyn Supreme Court Justice Vincent DelGiudice presided over the trial, which included separate juries for each of the defendants. Simon-Roberson faces up to 40 years in prison and Peters faces up to 55 years in prison when they are sentenced on February 13, 2018.

According to trial testimony, on October 26, 2015, at approximately 6 p.m., members of two rival gangs, the East New York-based “4 to 5” and the Fort Greene-based “900” met up in the vicinity of 395 Flatbush Avenue Extension, in front of an Applebee’s restaurant, and confronted each other. Simon-Roberson pulled out a firearm and fired, hitting an 18-year-old in the leg. When “4 to 5” associates, which included Armani Hankins, ran in pursuit of the fleeing “900” members after the teen was shot in the leg, Peters pulled out a gun and shot and killed “4 to 5” gang member Hankins.

The case was prosecuted by Assistant District Attorney Patrick O’Connor, Deputy Chief of the District Attorney’s Violent Criminal Enterprises Bureau, and Senior Assistant District Attorney Viviane Dussek, also of VCE, under the supervision of Assistant District Attorney Nicole Chavis, VCE Chief. The case was additionally investigated by Detective Investigator Kolawole Olosunde, under the supervision of Supervising Detective Investigator David Acres, Deputy Chief Edwin Murphy and Interim Chief Joseph Piraino, of the District Attorney’s Investigations Bureau.

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FOR IMMEDIATE RELEASE
Thursday, January 25, 2018

 

Crown Heights Man Indicted for Murder of Wife

Cause of Death Determined to be Asphyxiation, Including Compression of the Neck

Brooklyn District Attorney Eric Gonzalez today announced that a 29-year-old man from Crown Heights, Brooklyn has been arraigned on an indictment charging him with the murder of his 22-year-old wife, whom he allegedly asphyxiated. Her body was found in the basement of the brownstone where he lived. The defendant was later apprehended in New Rochelle, New York, where he fled after the murder.

District Attorney Gonzalez said, “This defendant allegedly killed the woman he purportedly loved. It is critical that we do all we can to combat domestic violence which in this instance escalated, led to a senseless death and left this young mother’s family and friends to struggle with such a tragic loss.”

The District Attorney identified the defendant as Barry Wells, 29, of Crown Heights, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Matthew D’Emic on an indictment in which he is charged with second-degree murder, aggravated criminal contempt, first-degree criminal contempt and aggravated family offense. He was ordered held without bail and to return to court on March 14, 2018. 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 December 27, 2017 at about 8:30 a.m., at 1172 Sterling Place in Crown Heights, the defendant and his wife, Tonie Wells, got into an argument inside the first-floor apartment in the building. During the argument, her 21-month-old daughter was locked out of the apartment and crying in the hall. A neighbor came and got the baby. After the arguing stopped, the neighbor checked on Tonie Wells and found her unconscious in the basement. She was later pronounced dead at the scene. There was an active order of protection against the defendant in effect at the time she was killed.

The defendant was arrested in New Rochelle, N.Y., later that day and charged with aggravated family offense and criminal contempt. Following an autopsy, the cause of death was determined to be by asphyxiation, including compression of the neck.

The case is being prosecuted by Senior Assistant District Attorney Sabeeha Madni, of the District Attorney’s Domestic Violence Bureau, under the supervision of Assistant District Attorney Michelle Kaminsky, Bureau Chief.

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

 

FOR IMMEDIATE RELEASE
Wednesday, January 24, 2018

 

Man Indicted for Assault as a Hate Crime
For Allegedly Beating Transgender Female at Shelter on Christmas Day

Faces Up To 15 Years in Prison

Brooklyn District Attorney Eric Gonzalez announced today that a man has been indicted on charges of assault as a hate crime and other offenses for allegedly hitting a transgendered woman with a chair inside of a Bedford-Stuyvesant homeless shelter.

District Attorney Gonzalez said, “This cowardly and unprovoked attack in which an innocent woman was assaulted simply because she is transgendered is despicable. In Brooklyn, we will not tolerate bias-motivated crimes of any kind. We now intend to hold the defendant accountable.”

The District Attorney identified the defendant as Kane Sekou, 40, of Bedford-Stuyvesant, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which he is charged with second-degree assault as a hate crime, third-degree assault as a hate crime and other related offenses. He was ordered held on $20,000 bail and to return to court on March 14, 2018. He faces up to 15 years in prison if convicted of the top count.

The District Attorney said that, according to the investigation, on December 25, 2017, at approximately 6:15 p.m., the victim, a 31-year-old transgendered female, who is a resident of a homeless shelter located at 357 Marcus Garvey Boulevard, was walking down a hallway towards the bathroom when she heard someone running toward her from behind. She turned and saw the defendant, Kane Sekou, running toward her with a chair, which he allegedly used to strike the victim across the back. The defendant allegedly then yelled homophobic slurs at the victim.

The victim reported the attack to security and 911 was called. It is alleged that when the police arrived the defendant made additional homophobic slurs.

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

The case is being prosecuted by Senior Assistant District Attorney Prabhalya Pulim, 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

 

FOR IMMEDIATE RELEASE
Wednesday, January 24, 2018

 

Off-Duty Police Officer Indicted for Gunpoint Robbery
Of Brooklyn Man Outside of Bushwick Nightclub

Defendant and Unapprehended Accomplice Captured on Surveillance Video;
Victim was Allegedly pistol Whipped and Made to Undress

Brooklyn District Attorney Eric Gonzalez today announced that an off-duty New York City Police Officer has been arraigned on a 14-count indictment in which he is charged with first-degree robbery and other charges for allegedly robbing a man of cash, jewelry and a cellphone at gunpoint and pistol-whipping him outside of a Bushwick nightclub.

District Attorney Gonzalez said, “This defendant’s alleged brazen and criminal behavior was in direct contradiction to the oath he took to protect and serve. He then allegedly made a deplorable situation worse by falsely accusing multiple individuals of robbing him. We will now seek to hold him accountable.”

The District Attorney identified the defendant as Anthony Delacruz, 34. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on a 14-count indictment in which he is charged with two counts of first-degree robbery, two counts of second-degree robbery, one count of third-degree robbery, two counts of second-degree assault, one count of third-degree assault, one count of second-degree menacing, two counts of third-degree falsely reporting an incident, two counts of distinctive number; form of number plates; trailers, and one count of petit larceny. Bail was set at $100,000 bond or $50,000 cash and the defendant, who was suspended today by the NYPD following his arrest, was ordered to return to court on March 21, 2018. He faces up to 25 years in prison if convicted of the top count.

The District Attorney said that, according to the investigation, on May 28, 2016 at approximately 3:30 a.m., in the vicinity of Wyckoff Avenue and Grove Street, near the El Mekkah Bar and Grill, officers responded to a 911 call for shots fired. Responding officers were allegedly told by Officer Delacruz – who did not initially identify himself as a police officer or state that he had fired his service weapon – that he was off-duty and in his personal vehicle when he was surrounded by several individuals who stole his gold chain, Rolex watch and a gold ring before fleeing. Officer Delacruz allegedly said that he then chased after the perpetrators and exchanged gunfire with them, firing his gun once and there were possibly two shots returned.

While on scene, Officer Delacruz allegedly pointed to a group of people who he said were involved in the robbery. All were taken into custody, and video evidence taken from El Mekkah definitively showed that none of the men identified by Officer Delacruz were involved in the alleged robbery. The men were visible on camera in a different location from where the alleged robbery occurred. The officer was taken to a hospital, where NYPD personnel determined that he was not forthcoming about details, and not in possession of his shield while armed and therefore unfit for duty.

Upon further investigation, Officer Delacruz and an unidentified accomplice are allegedly captured on video confronting another man, whose identity is known to the District Attorney, who was hiding behind a car. The video further shows Officer Delacruz allegedly pointing his service weapon at that man.

Furthermore, according to the investigation, the three men go off camera and when they return to camera view the unidentified accomplice is carrying clothing and sneakers and he and Officer Delacruz walk away. The victim can later be seen on camera dressed only in a t-shirt, boxer shorts and with no shoes. The victim was allegedly pistol-whipped by the defendant and DNA recovered from the muzzle of the officer’s gun belonged to the victim. A shell casing recovered on the scene matched the defendant’s gun, the investigation found.

During the course of the investigation, Officer Delacruz identified the pistol-whipped victim as one of the men who robbed him. Charges that were filed in connection with that alleged incident were later dismissed.

The case is being prosecuted by Assistant District Attorney Danielle Eaddy, Chief of the District Attorney’s Trial Bureau Grey Zone, and Senior Assistant District Attorney Mathew Midey, also of the Grey Zone, under the supervision of Assistant District Attorney Joseph Alexis, Chief of the District Attorney’s Trial Division. Senior Assistant District Attorney Krystyn Tendy, 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.