Press Releases

FOR IMMEDIATE RELEASE
Thursday, June 15, 2017

 

Sheepshead Bay Man Indicted for Fatally Shooting Wife

Assaulted Victim’s Cousin as She Tried to Protect Her; Defendant Fled to Delaware

Acting Brooklyn District Attorney Eric Gonzalez today announced that a 30-year-old man from Sheepshead Bay, Brooklyn has been arraigned on an indictment charging him with the murder of his 30-year-old wife, whom he allegedly assaulted before shooting her in the head last month. The defendant allegedly admitted to committing the murder before fleeing to Delaware.

Acting District Attorney Gonzalez said, “This defendant is charged with ruthlessly shooting to death an innocent and beloved woman who was out celebrating with her family. I am determined to hold him accountable for this cold-blooded murder.”

The Acting District Attorney identified the defendant as Gabino Genao, 30, of Sheepshead Bay, 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, second-degree criminal possession of a weapon, first-degree reckless endangerment and third-degree assault. He was ordered held without bail and to return to court on August 2, 2017. The defendant faces up to 25 years to life in prison if convicted.

The Acting District Attorney said that, according to the investigation, on May 26, 2017 at about 11:15 p.m., in front of 2714 West 36th Street in Seagate, Brooklyn, the defendant shot his wife, Iveliss Alvarado, multiple times in the head. The couple was not living together at the time and the victim was celebrating at a family reunion before she was fatally shot.

A cousin of the victim witnessed the defendant pummeling her cousin, intervened in an attempt to protect her and suffered bruises when the defendant allegedly punched her as well. The cousin fled as the defendant opened fire. After the shooting, the defendant was heard saying, “I killed her,” according to the investigation. He was apprehended in Delaware on June 2, 2017 and extradited to Brooklyn today.

The case is being prosecuted by Senior Assistant District Attorney Andres Palacio of the District Attorney’s Homicide Bureau, and Assistant District Attorney Richa Bhasin, of the District Attorney’s Domestic Violence Bureau, under the supervision of Assistant District Attorney Michelle Kaminsky, Domestic Violence Bureau Chief.

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

 

FOR IMMEDIATE RELEASE
Thursday, June 15, 2017

 

MTA Bridges and Tunnels Officer Who Struck Pedestrian
Indicted For Leaving the Scene of an Incident

Defendant Allegedly Struck Pedestrian on Brooklyn side of Verrazano-Narrows Bridge, Put Him in Marked Patrol Car, Drove Him to Staten Island, and Left Him on Side of Road

Acting Brooklyn District Attorney Eric Gonzalez today announced that an MTA Bridges and Tunnels Officer has been indicted on charges of leaving the scene of an incident for allegedly striking a pedestrian in Brooklyn, then driving him over the Verrazano-Narrows Bridge and leaving him unattended on the Staten Island side of the bridge.

Acting District Attorney Gonzalez said, “That an on-duty officer would strike a pedestrian and leave the scene is shocking; that he would move the victim and ask him not to report the officer is even more egregious. The defendant’s post at the time of the incident was traffic enforcement – he should have been keeping pedestrians safe, not endangering lives.”

The Acting District Attorney identified the defendant as Lawrence Ffrench, 42, of Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which he is charged with leaving the scene of an incident without reporting as a felony and third-degree intimidating a witness. He was released without bail and ordered to return to court on August 23, 2017. If convicted, he faces up to four years in prison.

The Acting District Attorney said that, according to the investigation, on May 26, 2016, at approximately 7:00 p.m., near the corner of 92nd Street and Gatling Place, in Bay Ridge, Brooklyn, the victim, a 41 year-old man, was crossing the street in the crosswalk walking toward the S53 bus stop when he was allegedly struck by a marked MTA vehicle driven by Officer Ffrench, thrown through the air and landed on the ground.

Officer Ffrench allegedly exited the vehicle, approached the victim – who was visibly injured and unable to walk – and placed him in the rear of his car. He then allegedly drove over the Verrazano-Narrows Bridge toward Staten Island, took the first exit off the right hand side of the road, Bay Street, then drove to a smaller access road in the vicinity of Tompkins Avenue and Wadsworth Avenue. He pulled the victim from the car and left him on the side of the road.

The officer allegedly asked the victim not to tell anyone who struck him and promised to call an ambulance, according to the investigation. The victim called 911, at approximately 7:38 p.m., and told the operator that he had been struck by an MTA police car and left in Staten Island. Emergency medical technicians responded and placed the victim in an ambulance. It is alleged that Officer Ffrench returned to the scene in his personal vehicle while the victim was in the ambulance and told the victim not to tell anyone that it was the defendant who struck him.

The victim was taken to Staten Island University Hospital where he remained for four days. He suffered numbness and pain to his right arm and swelling and pain to his right knee. He had surgery on his knee and continues to undergo physical therapy.

The case was investigated by Investigator John Moakley of the MTA Bridges and Tunnels Internal Security Department, Special Investigations Division.

It was additionally investigated by Detective Investigators John Rodriguez and Robert Galvin, of the Kings County District Attorney’s Investigations Bureau, under the overall supervision of Chief Investigator Joseph Piraino.

The case is being prosecuted by 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, June 14, 2017

 

Long Island Woman Convicted of Murder for Hire of Husband;
Gunman Also Found Guilty of Murder

Wife Provided Boyfriend with Cash and Gun to Give Killer after Two Previous
Failed Attempts at Husband’s Life; Tried to Cash Out Life Insurance Policy Days Later

Acting Brooklyn District Attorney Eric Gonzalez today announced that a woman has been convicted of hiring a hitman to murder her husband in 2013 after two failed attempts at the victim’s life. The gunman was also convicted of murder.

Acting District Attorney Gonzalez said, “These defendants engaged in a calculated and cold-hearted plot to kill an innocent man. Their heinous scheme was exposed and a jury has now held them responsible for these reprehensible crimes.”

The Acting District Attorney identified the defendants as Alisha Noel-Murray, 29, of West Babylon, NY, and Kirk Portious, 29, of Brownsville, Brooklyn. Noel-Murray was convicted on June 8, 2017 of first-degree murder following a jury trial before Brooklyn Supreme Court Justice Neil Firetog and Portious was convicted today by a separate jury of first-degree murder and second-degree criminal possession of a weapon. Each defendant faces a life sentence without the possibility of parole when they’re sentenced on June 29, 2017.

The Acting District Attorney said that, according to trial testimony, on February 24, 2013, at about 12:58 p.m., Omar Murray, 37, was shot dead inside his home, located at 204 Lott Avenue in Brownsville. The investigation led police to Damien Lovell, Noel-Murray’s boyfriend, who told investigators that his girlfriend had asked him to find someone to kill her husband after her attempt to poison him had failed. The first person shot at the victim on February 6, 2013, but missed, according to testimony.

Lovell then hired Portious and provided him with a $500 down payment and the gun, which he received from Noel-Murray, the evidence showed. The gunman was promised a total of $3,500. Noel-Murray had taken out nearly $900,000 in life insurance on her husband before the murder and attempted to cash out the policies within days of his death.

Lovell had previously pleaded guilty to second-degree murder for a promised sentence of 15 years to life in prison.

The case was prosecuted by Senior Assistant District Attorney Emily Dean of the District Attorney’s Homicide Bureau, and Assistant Distant Attorney Ebonie Legrand, of the District Attorney’s Special Victims Bureau, under the supervision of Assistant District Attorney Timothy Gough, Homicide Bureau Chief.

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FOR IMMEDIATE RELEASE
Thursday, June 8, 2017

 

Twelve Alleged Gang Members Variously Charged
With Conspiracy and Attempted Murder in Bushwick Turf War

Defendants Shot at Rivals on Busy Streets, Sometimes in Broad Daylight;
Innocent Bystanders Struck, Others Narrowly Escaped Harm in 10 Shooting Incident

Acting Brooklyn District Attorney Eric Gonzalez, together with New York City Police Commissioner James P. O’Neill, today announced that 12 alleged members of the Bushwick- based street gang True Bosses Only have been variously charged in a 59-count indictment with conspiracy to commit murder, attempted murder, weapons possession and other charges in connection with 10 separate shootings that left seven people injured.

Acting District Attorney Gonzalez said, “This indictment describes a terrifying mix of deadly force and mindless obsessions with turf, leading to serious consequences for innocent bystanders. We will never stop fighting against gun violence and this kind of senseless disregard for the safety of our children and neighbors.

The Acting District Attorney further said, “Many of these territorial disputes, in this and other cases, revolve around New York City Housing Authority developments. To that end, I have recently launched a Public Housing Crime Suppression Unit that will work to reduce crime in housing developments using data-driven intelligence focusing on the drivers of crime. The Unit will work closely with resident associations, community members, NYCHA and the NYPD to proactively suppress crime and violence, maintain safety and develop trust.”

Commissioner O’Neill said, “Today’s charges allege a series of shootings in Bushwick, among other things, that left several injured. Today’s arrests and indictment will continue helping reduce violence that have helped make our City the safest big city in America.”

The Acting District Attorney said that nine of the defendants were arraigned last week and this week before Brooklyn Supreme Court Justice William Miller and Brooklyn Supreme Court Justice Guy Mangano and variously held on bail. Three of the defendants are awaiting arraignment. All of the defendants are charged with second- and fourth-degree conspiracy. They are variously charged with second-degree attempted murder, first-degree criminal use of a firearm, first- and second-degree attempted assault, second-degree criminal possession of a weapon, second-degree assault, and first-degree reckless endangerment. The defendants face up to 25 years in prison on the top conspiracy count. (See defendant addendum).

The Acting District Attorney said that, according to the indictment, the defendants, who now range in age from 17 to 26, are alleged to be members of True Bosses Only (“TBO”).  TBO is alleged to be a violent street gang operating within the confines of the 83^rd Precinct, bordering the 73^rd and 81^st Precincts. TBO’s purported territory extends north and south approximately between Broadway and Wyckoff Avenue, and east and west approximately between Cooper Street and Madison Street.

Between July 2015 and the present, the indictment alleges, members of TBO have been feuding with three other violent street gangs: Elm Street Piru, which operates within the 83^rd Precinct just west of TBO territory, approximately between Palmetto Street and DeKalb Avenue; Loot Gang, which operates out of the New York City Housing Authority Ocean Hill Houses, to the south of TBO territory within the confines of the 73^rd Precinct; and 900 Gang, which operates largely out of the NYCHA Sumner Houses within the confines of the 79^th Precinct.

During the course of the conspiracy the defendants allegedly agreed to commit crimes, including murder and assault, in order to maintain their dominance over their claimed geographic area.  Gang members are accused of using social media to direct their acts of violence toward rival gang members, as well as take credit after crimes occurred. At other times the defendants taunted their rivals by taking photos and videos of themselves in rival territory and posting them on Facebook and YouTube. They allegedly made use of so-called “community guns,” which were made available to various TBO members for the purpose of shooting at rivals.

Furthermore, according to the indictment, in addition to the struggle for geographical control, much of TBO’s violent activity was driven by the desire to retaliate for prior shootings targeting TBO members, particularly the September 27, 2013 shooting death of TBO member Bashiek Reddick, a.k.a., Bless.

Among the acts of violence charged in the conspiracy are the following:

• On July 8, 2015, at approximately 9 p.m., Hector Lleras and other TBO members were in front of the Hi-Mango Market at 341 Knickerbocker Avenue, in Elm Street Piru territory, when Lleras allegedly fired shots across the street, missing his target. The bullet went through window of a car parked in the vicinity, narrowly missing a man sitting in the front seat.
• On October 30, 2015, defendant Gilbert Arciliares was in front of 180 Wyckoff Avenue, in Elm Street Piru territory, at approximately 2:40 p.m., when he allegedly fired three shots. One of the shots struck an MTA bus, shattering a window and narrowly missing a passenger, who suffered cuts to her forehead from the broken glass.
• On September 11, 2016, at approximately 9:30 p.m., in the vicinity of 290 Central Avenue, Gilbert Arciliares, who was with another TBO member, allegedly fired a .380 caliber pistol multiple times at rival Elm Street Piru members, striking instead two innocent women who were walking in the area.
• On March 1, 2017, at approximately 4:20 p.m., at the intersection of Myrtle Avenue and Harman Street, defendant Gilbert Arciliares allegedly fired shots down Myrtle Avenue at two Piru gang members on bicycles. Arciliares missed his targets, but struck an innocent bystander in the torso and sent passersby, including children, running to escape the gunfire.

Additionally, three alleged rival gang members were shot and injured during the course of the conspiracy.

The investigation was conducted by New York City Police Department Detectives Shane Maynard and Robert Nelson, of the Gun Violence Suppression Division, under the supervision of Sergeant Andrew Dunton and the overall supervision of Assistant Chief James Essig.

The case is being prosecuted by Assistant District Attorneys Owen Sucoff and James Slattery, of the District Attorney’s Violent Criminal Enterprises Bureau, under the supervision of Assistant District Attorney Jonathan R. Sennett, Deputy Chief of VCE and Assistant District Attorney Nicole Chavis, Chief, and the overall supervision of Patricia McNeill, Deputy Chief of the District Attorney’s Investigations Division.

An indictment is merely an accusation and not proof of a defendant’s guilt.

 

DEFENDANT ADDENDUM:

1. Carlos Lucas, a.k.a., Skrap, 22, of Ocean Hill, Brooklyn.
2. Hector Lleras, a.k.a., Kash, 26, of Fort Greene, Brooklyn.
3. Gilbert Arciliares, a.k.a., Gilly, 22, of Bedford-Stuyvesant, Brooklyn.
4. Patrick Tucker, a.k.a., Holly, 25, of Canarsie, Brooklyn.
5. Tyrece Findlay, a.k.a., Preme, 20, of West Farms, Bronx.
6. Malik Cherry, a.k.a., Euros, 20, of Gravesend, Brooklyn.
7. Anthony Gooding, a.k.a., Gunna, 21, of Bushwick, Brooklyn.
8. Yasin Shearin, a.k.a., Ya-Ya, 19, of Graniteville, Staten Island.
9. Jamar Lovander, a.k.a., Headache, 26, of Arverne, Queens.

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Media presented at the press conference can be viewed via this link:
https://brooklynda.box.com/s/7mbncdxh9eahdohw97sru3apq3s6bjvz

 

FOR IMMEDIATE RELEASE
Wednesday, June 7, 2017

 

Fort Greene Man Sentenced to 11 Years in Prison
For Shooting at Three Police Officers in their Vehicle on Patrol

Acting Brooklyn District Attorney Eric Gonzalez today announced that a 25-year-old Fort Greene man was sentenced to 11 years in prison for shooting at three New York City Police Officers sitting in an unmarked car while on patrol.

Acting District Attorney Gonzalez said, “These three officers were out on patrol, doing what many of our brave members of the New York City Police Department do every day: putting their lives on the line to ensure our safety. For this defendant to attack them so deliberately is truly unconscionable. I will not stand for such wanton violence against anyone in this borough, let alone against those sworn to protect us.”

The Acting District Attorney identified the defendant as Quashawn Smith, 25, of Fort Greene, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Michael Gary to 11 years in prison and five years’ post-release supervision following his guilty plea to second-degree attempted murder on April 17, 2017.

The Acting District Attorney said that, according to the investigation, on October 7, 2015, at approximately 10:43 p.m., three officers from the NYPD’s 88th Precinct were on patrol in an unmarked black vehicle near Park Avenue and North Portland Avenue when they saw three men, including the defendant, co-defendant Davon Morrison and another man standing together on the sidewalk, engaged in conversation. Upon driving by, the officers thought they recognized the third man as a local robbery recidivist, so they decided to circle back in their vehicle for a second look.

According to the investigation, when the officers returned, the third man had left the area, and Smith was crossing the street, dragging a piece of luggage. Morrison, meanwhile, was standing on the sidewalk near the officers’ vehicle when he began to gesture with both hands, pointing them like pistols. Smith then backed up, crouched between two parked cars, drew a gun and opened fire at the front of the officers’ vehicle.

The Acting District Attorney said that, at this point, the officers began to return fire at Smith, wounding him. At the same time, their vehicle was shot at from behind, causing the back window to shatter. Having lost sight of Morrison, the officers exited their vehicle and pursued Smith, but he fled the scene. None of the officers were injured in the shooting.

According to the investigation, a .45 caliber pistol was later recovered from underneath a parked car near the location of the shooting. Smith’s DNA was found on the gun.

Smith was apprehended the next day, October 8, 2015, at Beth Israel Hospital, where he was being treated for a gunshot wound. He later admitted to shooting at a black vehicle and tossing a gun under a car while being pursued by police officers. Morrison also was apprehended on October 8, in a nearby apartment. He pleaded guilty to first-degree criminal use of a firearm in April 2017 and is awaiting sentencing.

The case was prosecuted by Assistant District Attorney David Pan of the District Attorney’s Trial Bureau Red Zone, under the supervision of Assistant District Attorney Cary Fischer, Deputy Bureau Chief, and the overall supervision of Assistant District Attorney Kin Ng, Bureau Chief.

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FOR IMMEDIATE RELEASE
Tuesday, June 6, 2017

 

Bushwick Man Sentenced to 10 Years in Prison
For Shooting a Teenager in Broad Daylight

Opened Fire across the Street from a Playground in Sheepshead Bay

Acting Brooklyn District Attorney Eric Gonzalez today announced that a 21-year-old Brooklyn man was sentenced to 10 years in prison for shooting a 16-year-old teen in broad daylight, leaving him with wounds to the ankle and buttocks. The incident happened during a summer afternoon across the street from a playground.

Acting District Attorney Gonzalez said, “This callous and senseless shooting at a time when children were playing is infuriating. We will continue to vigorously prosecute all instances of gun violence in Brooklyn and seek lengthy prison terms against anyone who fires a weapon on our streets.”

The Acting District Attorney identified the defendant as Joseph Ackwood, 21, of Bushwick, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice John Ingram to 10 years in prison and five years’ post-release supervision following his guilty plea on April 6, 2017 to second-degree attempted murder.

The Acting District Attorney said that on July 25, 2016, at about 4 p.m., the 16-year-old victim was standing with friends outside a bodega located at 2964 Avenue X in Sheepshead Bay, Brooklyn. A playground is situated across the street from that location. The defendant approached on a bicycle, according to the investigation, exchanged words with the victim, then pulled out a .40 caliber firearm from his waistband, chased the victim into the street and fired multiple times.

The victim was struck in the ankle and buttocks. He was hospitalized for over a week. Surveillance footage from the bodega depicted the incident and showed passersby running away from the scene once the shooting started. The defendant, a member of the Young Stackers street gang, was apprehended a month later.

The case was prosecuted by Senior Assistant District Attorney Sasha Pemberton of the District Attorney’s Trial Bureau Green Zone under the supervision of David Klestzick, Bureau Chief.

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FOR IMMEDIATE RELEASE
Friday, June 2, 2017

 

Brooklyn Man Sentenced to up to 20 Years in State Prison
For 1998 Rape in Park Slope Subway Station

DNA Cold Case Hit Led to Arrest and Prosecution

Acting Brooklyn District Attorney Eric Gonzalez today announced that a 45-year-old Brooklyn man has been convicted of raping a 19-year-old woman on a subway platform in 1998. The defendant was charged with the rape as a result of a “cold hit” in which a DNA sample obtained from the victim’s rape kit was positively matched to the defendant’s DNA profile in the Combined DNA Index System (CODIS).

Acting District Attorney Gonzalez said, “What began as an exciting day headed to a new job turned into an absolute nightmare for this young woman who crossed paths with this violent predator. Thankfully, the DNA recovered that day was used to hold the defendant accountable for this horrific act and bring justice to his victim, who bravely testified against him at trial.”

The Acting District Attorney identified the defendant as Johnny Jacob, 45, of Brooklyn. He was sentenced to an indeterminate term of 10 to 20 years in prison by Brooklyn Supreme Court Justice Dineen Riviezzo, following his conviction on charges of first-degree rape after a jury trial.

The Acting District Attorney said that, according to trial testimony, on March 2, 1998, at approximately 9:30 a.m., the victim, who was 19 at the time and going to her first day of work, had just exited the M train at the 9th Street and Fourth Avenue stop. She was approached by the defendant, who ordered her to the back of the platform, while threatening to shoot her and placing what she believed to be a gun to her back. He forcibly raped her, then brought her outside of the train station and told her that he would kill her if she called the police.

The defendant, who was not known to the victim, then fled the scene. The victim ran to work, and her employer called 911 to report the rape. She was treated at Lutheran Hospital, where a rape kit was administered.

The defendant was arrested on October 4, 2013, after there was a DNA hit connecting the defendant to the semen found in the complainant’s rape kit. His DNA had been entered into the CODIS database following a conviction on federal money laundering charges.

The case was prosecuted by Senior Assistant District Attorney Lisa Nugent and Assistant District Attorney Tamara Marshall, of the District Attorney’s Special Victims Bureau, under the supervision of Assistant District Attorney Miss Gregory, Chief.

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FOR IMMEDIATE RELEASE
Friday, June 2, 2017

 

Brooklyn Man Sentenced to up to 20 Years in State Prison
For 1998 Rape in Park Slope Subway Station

DNA Cold Case Hit Led to Arrest and Prosecution

Acting Brooklyn District Attorney Eric Gonzalez today announced that a 45-year-old Brooklyn man has been convicted of raping a 19-year-old woman on a subway platform in 1998. The defendant was charged with the rape as a result of a “cold hit” in which a DNA sample obtained from the victim’s rape kit was positively matched to the defendant’s DNA profile in the Combined DNA Index System (CODIS).

Acting District Attorney Gonzalez said, “What began as an exciting day headed to a new job turned into an absolute nightmare for this young woman who crossed paths with this violent predator. Thankfully, the DNA recovered that day was used to hold the defendant accountable for this horrific act and bring justice to his victim, who bravely testified against him at trial.”

The Acting District Attorney identified the defendant as Johnny Jacob, 45, of Brooklyn. He was sentenced to an indeterminate term of 10 to 20 years in prison by Brooklyn Supreme Court Justice Dineen Riviezzo, following his conviction on charges of first-degree rape after a jury trial.

The Acting District Attorney said that, according to trial testimony, on March 2, 1998, at approximately 9:30 a.m., the victim, who was 19 at the time and going to her first day of work, had just exited the M train at the 9th Street and Fourth Avenue stop. She was approached by the defendant, who ordered her to the back of the platform, while threatening to shoot her and placing what she believed to be a gun to her back. He forcibly raped her, then brought her outside of the train station and told her that he would kill her if she called the police.

The defendant, who was not known to the victim, then fled the scene. The victim ran to work, and her employer called 911 to report the rape. She was treated at Lutheran Hospital, where a rape kit was administered.

The defendant was arrested on October 4, 2013, after there was a DNA hit connecting the defendant to the semen found in the complainant’s rape kit. His DNA had been entered into the CODIS database following a conviction on federal money laundering charges.

The case was prosecuted by Senior Assistant District Attorney Lisa Nugent and Assistant District Attorney Tamara Marshall, of the District Attorney’s Special Victims Bureau, under the supervision of Assistant District Attorney Miss Gregory, Chief.

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FOR IMMEDIATE RELEASE
Thursday, June 1, 2017

 

Brownsville Woman Sentenced to 22 Years in Prison
For Beating Her 4-Year-Old Nephew to Death with a Belt

Defendant Struck Child Numerous Times, Claiming
He Wouldn’t Focus During Spelling Lessons

Acting Brooklyn District Attorney Eric Gonzalez today announced that a 24-year-old Brownsville woman has been sentenced to 22 years in prison following her conviction last month on charges of first-degree manslaughter for beating her 4-year-old nephew to death with a belt and its buckle while she was babysitting him.

Acting District Attorney Gonzalez said, “It is incomprehensible that anyone could hurt a child, much less beat an innocent and helpless four-year-old to death. Ethan Ali was robbed of his young life and now this defendant will appropriately spend many years of her life in prison for this brutal act.”

The Acting District Attorney identified the defendant as Christen Dale, 24, of Brownsville, Brooklyn. She was sentenced today by Brooklyn Supreme Court Justice Miriam Cyrulnik to 22 years in prison and five years’ post-release supervision. The defendant was convicted last month of first-degree manslaughter, two counts of second-degree assault and endangering the welfare of a child following a jury trial.

The Acting District Attorney said that, according to trial testimony, on February 25, 2015, inside of 287 Rockaway Parkway, where the defendant lived with her sister and her nephew, Ethan Ali, 4, the defendant was watching the child while her sister was at work.

At some point, according to testimony, the defendant began to beat him with a belt, striking him repeatedly with both the strap and the metal buckle. The defendant told police she had been trying to teach the 4-year-old to spell and became enraged when the child failed to focus on the lesson.

According to the New York City Office of the Chief Medical Examiner, Ethan suffered blunt impact trauma resulting in internal bleeding causing multi-system organ failure, and was left with extensive bruising on his torso, back, buttocks, thighs, arms and scalp.

The case was prosecuted by Assistant District Attorney Frank DeGaetano, First Deputy Bureau Chief of the District Attorney’s Special Victims Bureau, and Assistant District Attorney Deanna Paul, also of the Special Victims Bureau, under the supervision of Assistant District Attorney Miss Gregory, Chief.

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FOR IMMEDIATE RELEASE
Wednesday, May 31, 2017

 

Flatbush Daycare Operator Sentenced to up to 15 Years in Prison
For Stealing Over $50,000 from City
By Falsifying Records, Bribing a City Employee

Claimed City Funds for Children at Nonexistent Daycare Center;
Bribed City Employee to Facilitate Scheme

Acting Brooklyn District Attorney Eric Gonzalez today announced that the operator of three Brooklyn daycare centers has been sentenced to up to 15 years in state prison for stealing over $50,000 from the New York City Administration for Children’s Services (ACS) by falsifying and submitting forms to receive City funds for a bogus center and for children who did not actually attend his centers.

Acting District Attorney Gonzalez said, “Not only did this defendant steal tens of thousands of dollars from New York City taxpayers, in carrying out his scheme, he showed utter disregard for the safety of children in his care. Today’s sentence – the maximum possible – holds the defendant fully accountable for his crimes and for the magnitude of what he did.”

The Acting District Attorney identified the defendant as Owen Larman, 44, of Prospect-Lefferts Gardens, Brooklyn. He was sentenced today to the maximum of 7 ½ to 15 years in prison by Brooklyn Supreme Court Justice Guy Mangano. The defendant was convicted of second-degree grand larceny, third-degree bribery, 11 counts of second-degree criminal possession of a forged instrument and 11 counts of first-degree offering a false instrument for filing earlier this month following a jury trial.

The Acting District Attorney said that, according to trial testimony, between 2007 and 2011, the defendant opened three daycare centers in Brooklyn under the name Next to Home. The centers, serving infants, toddlers and school-age children, were primarily paid through ACS vouchers given to families to cover some or all of the cost of childcare services. The defendant stole approximately $51,667 in voucher funds from ACS between June 2012 and April 2013.

The Acting District Attorney said that, according to trial testimony, in August 2011, the New York City Department of Health and Mental Hygiene (DOHMH) found that one of the defendant’s centers was grossly overcrowded with inadequate staff to supervise the children. This center contained the defendant’s afterschool program and was located at 1159 Flatbush Avenue in Flatbush, Brooklyn. The DOHMH took measurements of this afterschool center on June 3, 2011 and issued a new permit in August 2011 allowing only seven children of school age to be on the premises. Prior to this date, the defendant had over 78 children at the afterschool center. The DOHMH is the City agency responsible for inspecting all group childcare facilities in New York City.

According to trial testimony, following the issuance of the new permit permitting only seven school-age children at the 1159 Flatbush Avenue center, the defendant’s common practice was to misrepresent the number of children at his centers by having employees take some of the children temporarily off-site and hold them on buses in parking lots when he knew an inspection was about to occur. Additionally, the buses used by the centers were frequently overcrowded and unequipped to properly transport young children, at times with two to three infants sitting in one car seat and with older children holding infants when car seats were not available.

In October 2011, the defendant applied to the New York State Office of Children and Family Services (OCFS) for a permit for Next to Home to open a new center for school-age children at 5566 Kings Highway in East Flatbush. OCFS is the State agency responsible for issuing registrations for childcare programs serving school-age children. In December 2011, OCFS issued the defendant a permit to run a center at the Kings Highway location for up to 80 school-age children. The owner of 5566 Kings Highway, however, never issued the defendant a lease for this location. The next month, in January 2012, the defendant applied to ACS to receive childcare vouchers for children at that location, which ACS approved. Next to Home, however, never operated a childcare center at 5566 Kings Highway.

The Acting District Attorney said that, despite the nonexistence of a center at 5566 Kings Highway, the defendant went on to file 11 false forms with ACS from June 2012 to April 2013 stating that school-age children with ACS vouchers were receiving childcare services at that location. The forms were, in fact, for some children still receiving services at 1159 Flatbush Avenue in violation of DOHMH’s new registration and license for the site. The forms submitted by the defendant also contained the names of children who were not receiving any services by Next to Home Childcare. Further, the defendant forged the signature of a former Next to Home employee – an educational director – on each form, which required the signature of an approved signatory, such as an educational director at the site.

Relying on these false representations, ACS created and submitted 11 invoices to an outside payment vendor, which stated that Next to Home was entitled to payment for childcare services rendered at the Kings Highway location. As a result, the vendor paid Next to Home approximately $51,667, which was deposited into a bank account controlled by the defendant.

Additionally, some of the children for whom Next to Home received ACS voucher payments did not receive any childcare service from Next to Home at any location. From September 2011 to October 2012, the defendant submitted 10 false forms to ACS claiming that two children received childcare services at the Kings Highway Location and at 1159 Flatbush Avenue, when in fact those two children did not receive any childcare service from Next to Home during the time claimed on the forms.

The Acting District Attorney said that, according to trial testimony, the defendant was able to accomplish the theft by bribing an ACS employee to fax him the ACS forms for the Kings Highway location each month. The ACS forms normally had to be mailed each month to the provider’s center, but since the defendant did not actually operate out of 5566 Kings Highway, he was unable to receive mail there. The ACS employee would fax the defendant the form each month, enabling him to fill it out and return it to ACS for payment. Between May 2011 and January 2014, the defendant returned forms to the ACS employee at least monthly, each time handing the employee $100 to $300 in cash. The ACS employee also was arrested and charged but signed a cooperation agreement and testified against the defendant at trial.

The Acting District Attorney would like to thank the DOHMH Childcare Bureau Assistant Commissioner Frank Cresciullo, and Public Health Inspectors Jenneal Murray and Cheydene McGhan.

The case was investigated by the New York City Department of Investigation.

The case was also investigated by Detective Investigator Jacqueline Klapak of the District Attorney’s Investigations Bureau, under the supervision of Michael Seminara, Supervising Detective Investigator.

The case was prosecuted by Senior Assistant District Attorney Samantha Magnani and Senior Assistant District Attorney Vivian Young Joo, of the District Attorney’s Frauds Bureau, and Senior Assistant District Attorney Sara Walshe, of the District Attorney’s Public Integrity Unit, under the supervision of Assistant District Attorney Michael Spanakos, Chief of the Public Integrity Unit, under the overall supervision of Assistant District Attorney Patricia McNeill, Deputy Chief of the District Attorney’s Investigations Division.

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