Press Releases

FOR IMMEDIATE RELEASE
Wednesday, October 5, 2016

Brooklyn Man Sentenced to 25 Years to Life in Prison
For Killing a Man, Wounding Two Others

Opened Fire at Group of People Playing Dice in Brownsville

Brooklyn District Attorney Ken Thompson today announced that a 24-year-old man was sentenced to 25 years to life in prison for shooting up a dice game in Brownsville in 2012, killing a 20-year-old man and wounding two others.

District Attorney Thompson said, “This defendant’s senseless act of gun violence makes him unfit to remain part of our society. He deserves to be in prison for many years to pay for the life he took and the injuries he caused.”

The District Attorney identified the defendant as Lawrence Harris, 24, of Kingsborough 7 Walk in Crown Heights, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Danny Chun to 25 years to life in prison. He was convicted of second-degree murder, first-degree attempted assault, reckless endangerment and related counts after a jury trial following a jury trial earlier this year.

The District Attorney said that, according to trial testimony, on June 28, 2012, at 11:30 p.m., the defendant opened fire on a group of men who were playing dice by the corner of Sutter Avenue and Union Street in Brownsville, Brooklyn. Trendon Franklin, 20, was struck three times in the chest, abdomen and arm, and died of his injuries. Another victim was grazed by a bullet in the chest and struck in the index finger. A third victim was shot in the back. The defendant was arrested in April 2013.

The case was prosecuted by Assistant District Attorney Patrick L. O’Connor and Assistant District Attorney Ashlyn Miranda of the District Attorney’s Violent Criminal Enterprises Bureau, under the supervision of Assistant District Attorney Nicole Chavis, Bureau Chief.

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FOR IMMEDIATE RELEASE
Friday, September 30, 2016

Man Convicted of Stealing $500,000 Bedford-Stuyvesant
Building by Forging Judge’s Signature

Filed Fraudulent Judicial Order to Claim Ownership of House before Completing Sale

Brooklyn District Attorney Ken Thompson today announced that a 54-year-old man has been convicted of grand larceny, forgery and related charges for stealing a building in Bedford-Stuyvesant, Brooklyn by forging a judge’s signature on a judicial order and using it to claim possession of the house, which he then sold. The defendant, who had filed numerous court motions for over a decade, falsely asserting ownership despite orders barring him from doing so, promptly cashed two checks totaling nearly $250,000 which he obtained from the unlawful sale.

District Attorney Thompson said, “After spending years trying to game the court system, this defendant brazenly forged a judge’s signature in an attempt to steal the home of a long-standing Bedford-Stuyvesant resident. This case illustrates the commitment of my Real Estate Fraud Unit to protect Brooklyn homeowners and my continued determination to hold fraudsters accountable.”

The District Attorney identified the defendant as Joseph McCray, 54, of Niagara Falls, New York. He was convicted yesterday of two counts of second-degree grand larceny and one count each of offering a false instrument for filing, second-degree criminal possession of a forged instrument and first-degree falsifying business records after a jury trial in front of Brooklyn Supreme Court Justice Dany Chun. The defendant faces a maximum sentence of 22 years in prison when sentenced on October 19, 2016.

The District Attorney said that, according trial testimony, on January 6, 2015, the defendant filed with the City Register a fraudulent court order purportedly signed by Brooklyn Civil Supreme Court Justice Yvonne Lewis, which effectively granted him ownership of 119 McDonough Street. Four months later, using the forged order, the defendant entered into a contract to sell the building for $500,000. At the closing on May 21, 2015, he received two checks for $249,713 (the rest of the funds were used to pay for outstanding liens on the property), which he cashed the next day at a check cashing place.

The evidence showed that 119 McDonough Street, a four-family building in the Historic District of Bedford-Stuyvesant, Brooklyn, was purchased by a woman in March 2000 from the New York City Department of Housing Preservation and Development. McCray was a holdover tenant, but never paid rent. He was evicted in September 2002, but continued to reside in the building.

Starting in 2001, the defendant commenced a series of legal actions in Civil Court, asserting ownership of the building. In 2003 and 2004 he also presented himself as the landlord and illegally collected rent – criminal actions that led to a conviction in 2006. On June 4, 2004, according to the evidence, he filed a fraudulent deed with the City Register, transferring ownership of 119 McDonough Street to his name.

In August 2007, HSBC Bank commenced an action to foreclose the mortgage on the property, naming McCray, along with the rightful owner and her daughter (who was added to the deed in 2006) as defendants. During the pendency of the foreclosure action, McCray filed numerous letters, motions and Orders to Show Cause, asserting his ownership of the building. Two different judges had barred him from filing any additional motions or to claim any interest in the property, but he continued to do so. On April 20, 2015 the Administrative Judge of Civil Matters directed the County Clerk to reject further applications from the defendant relating to the building without prior permission.

The forged court order McCray had filed in January 2015 nullified the 2006 deed of the rightful owner and her daughter and ended the foreclosure action, purportedly giving the defendant sole ownership of the building. He then completed the contract of sale with a lawyer. On July 27, 2015, the defendant returned to that lawyer’s office to pick up an additional $16,000 check from the seller’s escrow account and was arrested by officers of the Sheriff’s Department, according to testimony.

The case was prosecuted by Senior Assistant District Attorney Frank Dudis and Assistant District Attorney Cooper Gorrie of the District Attorney’s Real Estate Fraud Unit, under the supervision of Richard Farrell, Unit Chief, and Felice Sontupe, Chief of the Frauds Bureau, and the overall supervision of Executive Assistant District Attorney William E. Schaeffer, Chief of the Investigations Division and Patricia McNeill, Deputy Chief.

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FOR IMMEDIATE RELEASE
Thursday, September 29, 2016

Brooklyn Man Convicted of Killing a Florida Businessman who
Was Set to Marry the Defendant’s Former Lover

Defendant Sent Phony Text Messages from the Victim’s Cell Phone and Dumped Body in Desolate Wooden Area in an Effort to Cover up his Crime

Brooklyn District Attorney Ken Thompson today announced that a Brighton Beach man was convicted of murder after admitting to killing the new boyfriend of his ex-common law wife in 2012. The defendant stabbed, suffocated and strangled the victim, then went to great lengths in a failed attempt to cover his tracks. He now faces up to 25 years to life in prison.

District Attorney Thompson said, “A man senselessly lost his life out of sheer jealousy, leaving behind two grieving daughters and a young son. I would like to commend the dedicated prosecutors, police officers and forensic experts who solved this complicated case and helped hold a calculated killer accountable.”

The District Attorney identified the defendant as Mikhail Chernyaev, 49, of Brighton Beach, Brooklyn. He was convicted today of second-degree murder following a jury trial before Brooklyn Supreme Court Justice Neil Firetog, who set sentencing for October 28, 2016. The defendant faces a maximum sentence of 25 years to life in prison.

The District Attorney said that, according to trial testimony, the victim, Charles Butler, 56, was a successful businessman from Florida who, in 2012, traveled frequently to his native New York City to spend time with his daughter, who lived on the Upper East Side at the time. He met Anna Lioznov; they started dating and were making plans to get married. Lioznov used to have a romantic relationship with the defendant and the two were raising a son together.

On September 18, 2012, Butler made his first visit to his girlfriend’s apartment at 2919 Brighton 8th Street. Surveillance cameras captured Lioznov leaving her home at about 7:40 a.m. the next morning and the defendant’s Chevrolet Astro van pulling into her building’s garage four minutes later. The vehicle was seen leaving the garage an hour and a half after that and cell tower data tracked both Chernyaev’s and Butler’s phones to Port Jervis, NY before the signals returned to Brooklyn.

Also on September 19, 2012, the victim’s daughters received suspicious text messages in broken English from their father’s phone and Lioznov received a text message, purportedly from Butler, that said in sum and substance, “Forget about me. I’m going back to Florida.”

The evidence further showed that on October 15, 2012, a fisherman who got lost in Hawk’s Nest, a remote area outside Port Jervis, NY, discovered decomposed human remains. Using a sketch constructed from the skeleton, a single useable fingertip print and DNA analysis, the body was positively identified as Butler in May 2013. The defendant, who was back together with Lioznov by then, was taken for questioning on May 22, 2013 and, after first giving a false alibi, said the death was caused by an accidental fall and later conceded to killing the victim, but claimed it was in self-defense.

The case was prosecuted by Assistant District Attorney Melissa Carvajal of the District Attorney’s Homicide Bureau, under the supervision of Assistant District Attorney Kenneth Taub, Chief.

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FOR IMMEDIATE RELEASE
Thursday, September 29, 2016

Brownsville Woman Convicted of
Stabbing Boyfriend Following Argument

Victim Died of Stab Wound to Heart

Brooklyn District Attorney Ken Thompson today announced that a Brownsville woman has been convicted of first-degree manslaughter for fatally stabbing her live-in boyfriend.

District Attorney Thompson said, “This defendant made a terrible decision when she answered the door for her boyfriend armed with a knife, escalating a volatile situation and killing a man for whom she once cared. I thank the hardworking prosecutors in my Domestic Violence Bureau for their commitment to taking seriously all forms of intimate partner violence and holding offenders accountable.”

The District Attorney identified the defendant as Latrina Crocker, 48, of Brownsville, Brooklyn. She was convicted today of first-degree manslaughter following a jury trial before Brooklyn Supreme Court Justice Ruth Shillingford. The defendant faces up to 25 years in prison when sentenced on October 21, 2016.

The District Attorney said that, according to trial testimony, on February 23, 2014 at approximately 1:50 a.m., the defendant and the victim, Michael Artist, 52, were engaged in a verbal argument inside their shared apartment. As the dispute ended, the victim left the apartment returning a short while later requesting that the defendant open the apartment door. The defendant opened the door with a knife in her hand, continued to argue, and then stabbed the victim in the arm and chest. Afterwards, the defendant dragged the victim’s body into the hallway before calling 911.

The victim died as a result of a stab wound to the heart, according the Office of the Medical Examiner.

During the investigation, the defendant admitted to stabbing the victim and informed police officers that she threw the murder weapon out of her apartment window. The knife was recovered from that location and DNA analysis confirmed evidence of the victim’s blood on the recovered knife.

The case was prosecuted by Senior Assistant District Attorney Joan Erskine and Assistant District Attorney Jorge Sastoque, of the District Attorney’s Domestic Violence Bureau, under the supervision of Assistant District Attorney Michelle Kaminsky, Chief.

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FOR IMMEDIATE RELEASE
Wednesday, September 28, 2016

Brooklyn Man Sentenced to up to 10 Years in State Prison
For Sex Trafficking a Young Woman in East New York

Defendant Refused to Let Victim and Her 4-Year-Old Son Leave His Apartment;
Forced Her to Work as a Prostitute, Earn $1,000 Over Two Days

Brooklyn District Attorney Ken Thompson today announced that a 30-year-old man who pleaded guilty to sex trafficking for refusing to let a female acquaintance leave his apartment and forcing her to work as a prostitute has been sentenced to an indeterminate term of five to 10 years in state prison.

District Attorney Thompson said, “This defendant treated a young mother in need of a place to stay as an object to be sold to others in exchange for sex. Abhorrent crimes of this nature will not be tolerated in Brooklyn.”

The District Attorney identified the defendant as Donneil Foskey, 30, of East New York, Brooklyn. The defendant was sentenced today by Brooklyn Supreme Court Justice Danny Chun to an indeterminate term of five to 10 years in prison and will be required to register as a sex offender upon his release. He pleaded guilty to sex trafficking before Justice Chun on September 8, 2016.

The District Attorney said that, according to the investigation, on April 19, 2014, the victim, a 23-year-old woman, and her 4-year-old son visited the defendant’s apartment on Milford Street in East New York because she needed a place to stay. When she attempted to leave the apartment on April 21, 2014, however, the defendant refused to let her leave and ordered her to work as a prostitute and make $1,000 over two days.

Furthermore, according to the investigation, from April 21 to May 1, 2014, Foskey forced the woman to place an advertisement on backpage.com and to work as a prostitute. Over that week and a half she was forced to have sex with men who contacted her through the ad. Foskey kept all of the money. Foskey or one of the girls working for him drove the victim to meet the men who paid to have sex with her.

On April 29, 2014, Foskey wrongly accused the victim of helping another female steal money and jewelry from his bedroom. He then tied up the victim and pistol-whipped her in the head, causing bruising.

The next day, the victim was taken by Foskey to a house in Queens to have sex with a man and while there managed to call her aunt and tell her she was being trafficked and held against her will. When she returned to Brooklyn and was back with her son she texted her aunt. Her aunt called 911. Officers from the 75th precinct rescued her in the early morning hours of May 1, 2014. A search warrant was executed on Foskey’s car and apartment and a loaded handgun and a pillow covered in the victim’s blood were recovered.

The case was investigated by New York City Police Department Detective David Mills of the Vice Major Case Human Trafficking Team and Police Officer Richard Galvez, formerly of the 75th Precinct.

The case was prosecuted by Senior Assistant District Attorney David Weiss and Assistant District Attorney Sarah Cohen, of the District Attorney’s Human Trafficking Unit, with the assistance of KCDA Human Trafficking Social Worker Haley Feldman, 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
Monday, September 26, 2016

Brooklyn Man Convicted of Murder in Death of Williamsburg Landlord
During Botched Robbery and Kidnapping

Defendant Faces Up to 25 Years to Life in Prison

Brooklyn District Attorney Ken Thompson today announced that a 29-year-old Brooklyn man has been convicted for his participation in the kidnapping and murder of Menachem Stark, 39, on January 2, 2014.

District Attorney Thompson said, “This defendant waited for Menachem Stark outside of his office and forcibly kidnapped him, killing him in the process. As a result, his wife and seven children were robbed of their husband and father. The jury has now held him accountable for his actions.”

The District Attorney identified the defendant as Kendel Felix, 29, of Crown Heights, Brooklyn. He was convicted of first-degree kidnapping and second-degree murder following a jury trial before Brooklyn Supreme Court Justice Alexander Jeong. He faces up to 25 years to life in prison when he is sentenced on October 19, 2016.

The District Attorney said that Stark was approached and accosted on the street by Kendel Felix and another individual as he left his office located at 331 Rutledge Street, in Williamsburg, on January 2, 2014 at approximately 11:30 p.m., according to trial testimony and surveillance videos. After an extended physical struggle with those individuals, Stark was forced into a waiting vehicle and abducted from the location.

On January 3, 2014 at approximately 4 p.m., approximately 17 hours after the kidnapping, Stark’s body, which had been partially burned, was discovered by Nassau County Police in a garbage dumpster at a gas station located in Great Neck, Long Island.

According to trial testimony, including his own confession, the defendant did construction work for Stark and he and others suspected in the murder believed that Stark owed them money. They kidnapped him with the intention of robbing him, but Stark resisted and was killed when one of the kidnappers sat on his chest. They then drove out to Nassau County to dispose of the body, throwing it in a dumpster, throwing gasoline on it and setting it on fire.

The Nassau County Medical Examiner’s Office conducted an autopsy on Stark and determined the cause of death to be asphyxia by compression of the neck and chest.

The investigation into the other participants is ongoing.

The case was prosecuted by Senior Assistant District Attorney Howard Jackson and Senior Assistant District Attorney Emily Dean, of the District Attorney’s Homicide Bureau, and Assistant District Attorney Christopher Blank, Bureau Chief, of the District Attorney’s Investigations Division, under the supervision of Kenneth Taub, Chief of the Homicide Bureau.

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FOR IMMEDIATE RELEASE
Monday, September 26, 2016

Former East Williamsburg Assistant Principal Convicted of
Raping Former Student

Brooklyn District Attorney Ken Thompson today announced that a 47-year-old Queens man has been convicted of third-degree rape for abusing a former student at Progress High School for Professional Careers, in East Williamsburg, where he served as an assistant principal.

District Attorney Thompson said, “This defendant was an assistant principal who violated the trust of a vulnerable teenager when he coerced her to engage in an unwanted sex act using her immigration status as leverage. This young woman had the courage to speak out against this abuse. He’s now been held accountable for his deplorable actions.”

The District Attorney identified the defendant as William Abreu, 47, of Jamaica, Queens. He was convicted today of third-degree rape following a jury trial before Brooklyn Supreme Court Justice Vincent Del Giudice. The defendant faces up to four years in prison when he is sentenced on November 29, 2016.

The District Attorney said that, according to trial testimony, between June 17, 2009 and July 31, 2009 the victim—then a 17-year-old recent graduate of Progress High School—worked in the defendant’s school office during the 2009 summer school session. The defendant began making inappropriate sexual advances to the teenager. Aware of the victim’s status as an undocumented immigrant, the defendant threatened to contact immigration authorities if she did not comply and then proceeded to grope and rape her. The defendant further threatened immigration action if the victim did not continue to work for him.

The defendant was fired by the New York City Department of Education in November 2013.

The case was referred to the Brooklyn District Attorney’s Office by the New York City Department of Investigation’s Office of the Special Commissioner of Investigation.

The case was prosecuted by Assistant District Attorney Kevin O’Donnell, of the District Attorney’s Special Victim’s Bureau, under the supervision of Assistant District Attorney Miss Gregory, Chief.

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FOR IMMEDIATE RELEASE
Friday, September 23, 2016

Williamsburg Man Convicted of Gang Assault

Was Part of Group that Punched and Kicked Victim on Brooklyn Street,
Leaving him Blind in One Eye; Connected to Assault through DNA Evidence

Brooklyn District Attorney Ken Thompson today announced that a 24-year-old man from Williamsburg, Brooklyn was convicted of gang assault and related charges for his role in the brutal beating of Taj Patterson, a young man who was walking in the street when he was set upon by over a dozen people.

District Attorney Thompson said, “Today’s verdict is a testament to our determination to fully prosecute this case based on the evidence, which clearly connected this defendant to the crime. I hope that this outcome will bring a measure of comfort to Mr. Patterson and his family.”

The District Attorney identified the defendant as Mayer Herskovic, 24, of Williamsburg, Brooklyn. He was convicted today of second-degree gang assault, first-degree unlawful imprisonment and menacing following a bench trial before Brooklyn Supreme Court Justice Danny Chun. The defendant faces a maximum sentence of 15 years in prison.

The District Attorney said that, according to trial testimony, on December 1, 2013, at about 4:40 a.m., Taj Patterson was walking on Flushing Avenue in Williamsburg when a man, later joined by other men, started to chase him. The victim ran, but the group, eventually comprised of 15 to 20 men, caught up to him near the corner of Flushing Avenue and Spencer Street.

The victim was then punched, kicked, stomped and had his eye poked by members of the group, according to testimony. He suffered facial fractures, retinal damage and lost eyesight in his right eye.

In the course of the attack, the evidence showed, a sneaker worn by the victim was stripped off his foot and thrown onto the roof of an adjacent building. DNA recovered from that sneaker matches the defendant’s.

The case was prosecuted by Assistant District Attorney Timothy Gough, Bureau Chief of the District Attorney’s Trial Bureau III, Grey Zone, and Assistant District Attorney Tyear Middleton, also of the Grey Zone.

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FOR IMMEDIATE RELEASE
Wednesday, September 21, 2016

Two Former Employees of Brooklyn Nonprofit Indicted for Stealing
Approximately $17,000 from Nonprofit and Immigrant Clients

Allegedly Embezzled Fees, Altered Records and Charged Clients for Services Not Performed

Brooklyn District Attorney Ken Thompson today announced that two former employees of a Sunset Park nonprofit that provides free and low-cost immigration services have been indicted for stealing approximately $17,000 from the nonprofit and at least five clients seeking assistance.

District Attorney Thompson said, “These defendants not only preyed upon and stole from vulnerable people seeking help, they also undermined the valuable work of a local organization trying to provide much-needed services to Brooklyn’s immigrant community.”

The District Attorney identified the defendants as Nancy Robayo, 50, and her daughter, Elisa Lascano, 33, of Brooklyn. The defendants are variously charged in a 12-count indictment with first-degree scheme to defraud, first-degree falsifying business records, two counts of third-degree grand larceny, three counts of fourth-degree grand larceny and two counts of petit larceny. Nancy Robayo is charged with three counts of second-degree criminal possession of a forged instrument. Robayo was arraigned today before Brooklyn Supreme Court Justice Danny Chun. Lascano was arraigned on September 7, 2016. Both defendants were released without bail and ordered to return to court on November 2, 2016.

The District Attorney said that, according to the investigation, between November 2014 and February 2016, the defendants allegedly acted together to steal at least $7,000 from the Juan Neumann Center, a nonprofit organization affiliated with the Basilica of our Lady of Perpetual Help, and defraud its clients of another $10,000. Both defendants were employed by the center – Robayo as a book keeper and Lascano in a clerical position.

Furthermore, according to the investigation, in the alleged $7,000 theft, the defendants stole parts of fees collected from clients for immigration services provided at the center. The defendants also allegedly defrauded at least five clients of approximately $10,000 by taking payments the clients made for services they believed were going to be provided by the center. In some cases, the defendants allegedly didn’t provide the promised service. In other cases, they either overcharged clients for services, keeping some or all of the money, or they charged for services that the center provided for free and kept some or all of the money.

The defendants’ duties and responsibilities at the center included collecting payments, maintaining receipt books and submitting immigration forms to the United States Citizenship and Immigration Service. The defendants allegedly concealed their theft by altering amounts written on carbon copies of receipts, misreporting the amounts written on the receipts, maintaining separate receipt books hidden from the center and warning their clients to speak only with them and to no other employees regarding their petitions and applications.

The alleged theft and fraud were discovered when another employee at the center was reviewing records and found that more than $7,000 in client receipts was not recorded in the log books and was missing from the center’s bank account. Robayo later turned herself in to the police and admitted to stealing approximately $7,000.

The District Attorney thanked Camille Mackler, Director of Legal Initiatives of the New York Immigration Coalition, for her assistance in the investigation.

The case was investigated by Detective Investigator Alfredo Nunez, of the District Attorney’s Investigations Bureau, under the supervision of Deputy Chief William Pettie; and Veronica Beltran, Financial Investigator, Roseann Schembri, Financial Analyst, and Adrienne Ward, of the Asset Forfeiture and Crimes Against Revenue Bureau, under the supervision of Chief Financial Investigator Michael Campi.

The case is being prosecuted by Senior Assistant District Attorney José Interiano, of the District Attorney’s Immigrant Fraud Unit, under the supervision of Assistant District Attorney Kin Ng, Unit Chief, and the overall supervision of Executive Assistant District Attorney William E. Schaeffer, Chief of the District Attorney’s Investigations Division and Assistant District Attorney Patricia McNeill, Deputy Chief.

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

FOR IMMEDIATE RELEASE
Wednesday, September 21, 2016

Former NYPD Officer Indicted for Allegedly Killing Pedestrian and
Injuring Three Others When Driving Drunk and Jumping Curb

Defendant’s Blood-Alcohol Level was Nearly Three Times the Legal Limit;
Faces up to 25 Years in Prison if Convicted

Brooklyn District Attorney Ken Thompson today announced that a former New York City Police Department officer has been charged in a 26-count indictment with aggravated vehicular homicide, manslaughter, vehicular assault and other charges for allegedly driving drunk in Williamsburg, jumping a curb and striking pedestrians on a sidewalk, killing one and seriously injuring three others.

District Attorney Thompson said, “It’s outrageous that this defendant – a New York City police officer at the time – chose to get behind the wheel while drunk and caused a deadly and horrific car crash. His poor decision took the life of a promising young man and left three others with injuries they’ll suffer from for life. We will now hold this defendant accountable for the immeasurable damages that he caused on the streets of Brooklyn that night.”

The District Attorney identified the defendant as Nicholas Batka, 28, of Greenpoint, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice William Miller on a 26-count indictment in which he is charged with aggravated vehicular homicide, second-degree manslaughter, first-degree vehicular manslaughter, aggravated vehicular assault, aggravated driving while intoxicated and related counts. The defendant was released on $300,000 bail and his license was suspended. He faces up to 25 years in prison if convicted of the top count with which he is charged.

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

Andrew Esquivel, 21, suffered blunt force trauma and died hours after the crash. Sophia Tabchhouri, 20, suffered severe injuries to her legs and arms, including multiple fractures. Divya Menezes, 20, suffered severe trauma to both legs and to the right arm plus pelvic fractures. James Balchunas, 24, suffered serious leg injuries. All three surviving victims continue to receive extensive medical treatment.

The defendant sustained minor injuries and was taken to a hospital, where he refused to submit to a blood test. Blood taken from the defendant about two hours after the crash showed that his blood-alcohol level at that time was measured at .23, according to the evidence. The legal limit is a blood-alcohol level of .08.

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

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

The case is being prosecuted by Assistant District Attorney Timothy Gough, Bureau Chief of the District Attorney’s Trial Bureau III, Grey Zone, with the assistance of Assistant District Attorney Jennifer Nocella, Deputy Bureau Chief of the Grey Zone, and Assistant District Attorney Krystyn Tendy, also of the Grey Zone.

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