Press Releases

FOR IMMEDIATE RELEASE
Wednesday, August 18, 2021

 

Brooklyn Man Sentenced to 10 Years in Prison Following Guilty Plea to Attempted Murder and Assault for Shooting Two Innocent Bystanders

Shooting Left 11-Year-Old Boy Paralyzed; Second Victim Was Shot in Leg

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man was sentenced to 10 years in prison for opening fire on a crowded Crown Heights street, striking an 11-year-old boy in the chest, leaving him paralyzed from the waist down, and striking a 31-year-old man in the knee.

District Attorney Gonzalez said, “Two innocent people were shot by this defendant who opened fire on a crowded street endangering those going about their everyday lives. A young boy was left paralyzed. There is no place for this type of gun violence on the streets of Brooklyn and I am committed to keeping shooters such as this defendant out of our communities.”

The District Attorney identified the defendant as Angel Eaddy, 30, of Crown Heights, Brooklyn. He pleaded guilty to second-degree assault and first-degree attempted murder on June 22, 2021 before Brooklyn Supreme Court Justice Danny Chun, who promised him a 10-year sentence and five years of post-release supervision in exchange for his guilty plea. The judge imposed the sentence today.

The District Attorney said that, according to the investigation, on June 20, 2019, at approximately 7 p.m., on Schenectady Avenue, near St. Johns Place, the defendant fired a handgun six times, striking an 11-year-old boy in the chest, paralyzing him, and striking a 31-year-old man in the knee. The shooting was captured on surveillance video.

The defendant, a reputed gang member, was firing at a rival gang member when he struck the innocent bystanders.

The case was prosecuted by Senior Assistant District Attorney Lana Schlesinger, of the District Attorney’s Homicide Bureau and Assistant District Attorney Leila Rosini, Deputy Chief of the District Attorney’s Violent Criminal Enterprises Bureau, under the supervision of Assistant District Attorney Timothy Gough, Bureau Chief .

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FOR IMMEDIATE RELEASE
Monday, August 16, 2021

 

Brooklyn Man Arraigned on Attempted Murder and Other Charges for
Allegedly Running Over School Bus Driver in Road Rage Incident

Broke Bus Mirrors When His Car Was Blocked Behind it at a Red Light,
Then Mowed Down Driver as She Was Taking Pictures of His Vehicle

Brooklyn District Attorney Eric Gonzalez today announced that a 22-year-old Brooklyn man has been arraigned on an indictment in which he is charged with attempted murder, assault, leaving the scene of an incident and other charges in connection with a road rage incident in which he allegedly intentionally ran over a school bus driver, causing serious injuries, and fled.

District Attorney Gonzalez said, “The alleged actions of this defendant are truly horrifying. He is accused of mowing down an innocent bus driver, striking her on purpose and in cold blood and then fleeing the scene. This type of senseless violence cannot be tolerated, and we will now seek to hold him fully accountable.”

The District Attorney identified the defendant as Kymani Hardie, 22, of Crown Heights, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Matthew Sciarrino on an indictment in which he is charged with second-degree attempted murder, first- and second-degree assault, leaving the scene of an incident without reporting and related counts. The defendant is being held on $75,000 bond or $50,000 cash bail and was ordered to return to court on September 16, 2021. He faces a maximum sentence of 25 years in prison if convicted of the top count.

The District Attorney said that, according to the investigation, on April 30, 2021, at about 5:15 p.m., near the corner of Linden Boulevard and Hinsdale Street in East New York, the defendant, driving an Infinity sedan, was blocked by a yellow school bus that was empty except for the driver and was standing at a red light. He allegedly became enraged, exited his vehicle and banged on the bus, breaking two mirrors.

The bus driver, a 44-year-old woman, disembarked from the bus and started to record the defendant’s car with her cell phone while standing on the median. The defendant then allegedly ran her over and continued to drive without stopping. The victim suffered a shattered pelvis, broken ribs, a lacerated liver and other injuries.

Video surveillance captured the incident and other videos showed that the defendant, his hand bandaged and driving the same car, checked into a nearby hotel a short time later. DNA recovered from that Infinity and the bus mirror matched the defendant. He was arrested on June 21, 2021.

The case is being prosecuted by Assistant District Attorney Evan Hannay of the District Attorney’s Red Zone Trial Bureau, under the supervision of Assistant District Attorney Karla Watson, Bureau Chief.

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

 

FOR IMMEDIATE RELEASE
Monday, August 2, 2021

 

Brooklyn District Attorney Eric Gonzalez Releases His Office’s
Disclosure Letters Regarding Police Officers in Brooklyn

Over 10,100 Letters Released Pursuant to Freedom of Information Law;
The Letters, Which List Credibility Findings, are Routinely Provided to
Defense Lawyers, as Constitutionally Required, When Police Officers Serve as Witnesses

Brooklyn District Attorney Eric Gonzalez today released all police credibility disclosure letters kept by his Office. These 10,162 “Giglio disclosure letters” were prepared by the Brooklyn DA’s Office to comply with its disclosure obligations to defendants from January 2020 through March 2021 and list information that could show a prior bad act, bias or credibility concerns of a police witness. The database, with required redactions, was provided to WNYC/Gothamist pursuant to a Freedom of Information Law (FOIL) request and is available here.

DA Gonzalez said, “This unprecedented release of disclosure letters should not be viewed as an attack on police officers, who are dedicated to keeping us all safe and work together with my Office in partnership every day. Its goal is to enhance transparency and strengthen trust in the criminal justice system, which relies on police witnesses to make criminal cases and requires the utmost integrity and credibility. These disclosures are required under the law, are being provided to defendants in court and should be part of the public record.”

About two-thirds of the letters include at least one disclosure. A disclosure does not mean that the police officer in question is not credible or should not be testifying; it simply means that the information can potentially be used as impeachment material and is thus constitutionally required to be disclosed.

The information sources for the disclosure letters include: 1) prior NYPD department discipline and internal affairs investigations; 2) Brooklyn DA’s Office investigations;
3) Civilian Complaint Review Board (CCRB) investigations; 4) Judicial adverse credibility findings; 5) Civil lawsuits; 6) Officer interviews; and 7) Other sources that may show a prior bad act, bias, credibility concerns, or motive to fabricate evidence or testimony.

The District Attorney said that the United States Constitution as well as the laws of the State of New York place strict disclosure obligations on prosecutors with respect to impeachment information that might affect witness credibility, based on the Supreme Court case Giglio v. United States and other case law. Starting in 2020, New York State law enhanced its pre-trial discovery rules, demanding broader and faster production of information to the defense. Consequently, the volume and variety of data provided by the New York City Police Department has increased. In June 2020, Civil Rights Law Section 50-a was repealed by the New York Legislature, ending the shield of police disciplinary records from public view (a Federal Court upheld the disclosure of police disciplinary records in February 2021).

To better comply with the changing legal landscape, the Brooklyn DA’s Office put in place a “Giglio Unit” at the end of 2019, which established a centralized system that creates and continuously amends the Office’s disclosure letters. When a FOIL request was made to obtain this data, DA Gonzalez, in an act of transparency, chose not to assert various privileges to shield the information, but to rather disclose the letters, subject to certain legally required redactions.

Redactions were made for many of the letters for the following reasons: 1) Names of persons other than the officer for whom the letter was created; 2) Acts described occurred in the context of an arrest or case that is now sealed; 3) Acts described occurred during a grand jury proceeding; 4) Acts described occurred during a proceeding in Family Court; 5) Allegations where disciplinary proceedings are still pending; and 6) Allegations that were reviewed and found to be unsubstantiated.

It should be noted that the review and redactions of the database was a months-long project, meaning that some of the information in the released records has since changed. The records that are being released represent a “snapshot in time” from March 5, 2021. The District Attorney’s Law Enforcement Accountability Bureau continuously researches its sources for the latest available information to update the records.

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FOR IMMEDIATE RELEASE
Tuesday, July 27, 2021

 

Brooklyn District Attorney Eric Gonzalez Dismisses
Over 3,500 Marijuana Cases Following Legalization

The Cases, Dating Back to the 1970s, Remained Open Mostly Because of Warrants;
About 240 Active Cases Previously Dismissed, Virtually Clearing the Docket in Brooklyn

Brooklyn District Attorney Eric Gonzalez today asked the Court to dismiss 3,578 marijuana cases that remained on the docket mostly because of open warrants. With this move, nearly all marijuana cases in Brooklyn have been dismissed. Since the State Legislature legalized marijuana in March, the DA’s Office dismissed about 240 active cases where marijuana was charged, while marijuana charges that are included in felony cases are being dismissed in the course of court proceedings.

District Attorney Gonzalez said, “For too long, criminalization of marijuana has disproportionately impacted young people and communities of color whose members made up about 90% of those arrested. These arrests ruined the lives of thousands of people over the years, saddling many with criminal convictions that prevented them from pursuing opportunities in life. That was why, in Brooklyn, we stopped prosecuting possession cases in 2014 and went further in 2017, declining prosecution of nearly all smoking cases as well. A year later, we also moved to dismiss warrant cases.

“I am gratified that the New York Legislature legalized marijuana earlier this year in a bill that included an automatic expungement provision. Since its passage, my Office has moved to dismiss open cases and stated we will no longer bring pending marijuana charges before grand or petit juries. Today, I asked the Court to dismiss over 3,500 warrant cases that remained in the system, effectively clearing the Brooklyn docket from these vestiges of previous models of policing and prosecution. I hope that these actions will help strengthen community trust in the justice system and allow us to continue moving forward with more fairness and equity.”

The District Attorney today appeared before Brooklyn Criminal Court Judge Keisha Espinal and requested that 3,578 pending marijuana cases be dismissed and that the Court vacate any relevant arrest warrants, judgments of conviction and guilty pleas related to those cases.

The District Attorney said his Office has been leading the city in marijuana decriminalization. His predecessor, the late Ken Thompson, stopped prosecuting marijuana possession cases in Brooklyn in 2014. In 2017, District Attorney Gonzalez, as the acting DA, went further and declined to prosecute nearly all marijuana smoking cases as well. As a result, marijuana arrests in Brooklyn, which numbered in the thousands every year earlier in that decade, had slowed to a trickle by 2018. In September of 2018, the District Attorney moved to vacate over 3,000 summons warrants for marijuana possession and dismissed the underlying cases. In December of that same year, he moved to dismiss over 1,400 criminal court warrants. His Office also initiated a program to erase and seal old marijuana convictions and DA Gonzalez urged Albany to clear those convictions en masse through legislation.

Currently, only eight cases that include marijuana charges remain in Brooklyn Criminal Court; they involve allegations of driving while impaired. In Supreme Court, marijuana charges that are included in more serious felony cases will be dismissed in the course of court proceedings and those charges will not be brought before any jury.

The District Attorney thanked the Office of Court Administration, especially Antonio Diaz, Acting Chief Clerk of New York City Criminal Court, and Charles Blaha, Acting Borough Chief Clerk of Brooklyn Criminal Court, for facilitating the dismissals.

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FOR IMMEDIATE RELEASE
Wednesday, July 21, 2021

 

Greenpoint Man Indicted for Unlawful Surveillance
Of Two Female Roommates

Defendant Allegedly Recorded Numerous Videos of the Women
By Planting Cameras in Bathroom and Bedroom

Brooklyn District Attorney Eric Gonzalez today announced that a 57-year-old Greenpoint man has been arraigned on an indictment in which he is charged with unlawful surveillance for allegedly secretly recording two women roommates in the bathroom and in their bedroom without their knowledge.

District Attorney Gonzalez said, “This defendant is accused of a shocking invasion of privacy for allegedly surreptitiously recording his roommates during private moments. We will now seek to hold him accountable for this disturbing violation and breach of trust.”

The District Attorney identified the defendant as Thomas Tamborski, 57, of Greenpoint, Brooklyn. The defendant was arraigned today before Brooklyn Supreme Court Justice Dena Douglas on an indictment in which he is charged with 36 counts of unlawful surveillance. He was released without bail and ordered to return to court on August 18, 2021.

The District Attorney said that, according to the investigation, between December 17, 2020 and January 14, 2021, the defendant, who is a photographer and the superintendent at the building where he lives, 184 Franklin Street, allegedly planted numerous recording devices in his bathroom and a spare bedroom that he rented to a 24-year-old woman and surreptitiously videotaped and photographed her.

Furthermore, according to the investigation, between December 3, 2018 and December 24, 2018, the defendant allegedly surreptitiously recorded another roommate, a 33-year-old woman, in the bathroom and in her bedroom.

The investigation began after the 24-year-old woman became suspicious that someone had been going through her bedroom when she wasn’t home so, on January 14, 2021, she placed a camera in her bedroom to see if anyone was entering the room. After reviewing the first day of footage she noticed what appeared to be an infrared light, which she recognized as a camera light, coming from her bedroom wall.

She reported it to the police, who recovered a camera from inside of the wall. Upon further investigation, DA’s Office investigators and members of the New York City Police Department executed a search warrant at the apartment and recovered numerous items including two cellphones, an alarm clock, an air freshener and a SONOS speaker, which allegedly contained or were capable of housing hidden cameras. The defendant had allegedly insisted that the clock, air freshener and speaker remain in the bathroom, according to the woman.

A forensic analysis of the above items, as well as additional cell phones, computers, disks, USBs, cameras and hard drives allegedly found that there was a hidden camera in a vent in the bathroom that recorded, at various times, the 33-year-old woman either changing, showering, or doing other personal activities.

The case was investigated by Detective Investigators from the District Attorney’s Investigations Bureau and Assistant District Attorney Tara Kelly, of the District Attorney’s Grey Zone Trial Bureau.

The case is being prosecuted by Senior Assistant District Attorney Michael Diamond of the Grey Zone, under the supervision of Assistant District Attorney Robert Walsh, Chief of the Grey Zone, and the overall supervision of Executive Assistant District Attorney David Klestzick, Deputy Chief of the District Attorney’s Trial Division.

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

FOR IMMEDIATE RELEASE
Tuesday, July 20, 2021

 

Three Brooklyn Men Indicted for Assault and Menacing as Hate Crimes
For Attacking Jewish People Outside Synagogues

Allegedly Threatened, Punched and Chased Victims in Two Separate Incidents

Brooklyn District Attorney Eric Gonzalez today announced that three Brooklyn men have been charged in a 68-count indictment in connection with two incidents in which they allegedly targeted Jewish individuals. The defendants allegedly stated, “Kill all the Jews,” demanded that a Jewish man say, “Free Palestine,” punched him when he refused, and then chased him and a friend while holding a cricket bat.

District Attorney Gonzalez said, “All members of Brooklyn’s diverse communities should feel free to go about their day and observe their religion without fear of being targeted. Attacks such as those described in this indictment – including violence and threats of violence that stem from bias and bigotry – are abhorrent and will be prosecuted.”

The District Attorney identified the defendants as Daniel Shaukat, 20, of Bensonhurst, Haider Anjam, 21, of Midwood, and Ashan Azad 19, of Midwood. They were variously charged in a 68-count indictment with third-degree assault as a hate crime, second-degree menacing as a hate crime, third-degree assault, criminal mischief, criminal obstruction of breathing and related charges. Anjam was arraigned last week, Shaukat was arraigned today and Azad will be arraigned on a later date. They were released on bonds ranging from $4000 to $5000 and ordered to return to court on September 9, 2021. The defendants face a maximum sentence of 1 1/3 to 4 years in prison if convicted of the top count.

The District Attorney said that, according to the investigation, on May 22, 2021 at about 7:45 p.m., the defendants stopped a blue Toyota Camry they were in outside a synagogue on 16th Avenue in Borough Park, yelled, “Free Palestine, kill all the Jews” and spat at the direction of one victim. Anjam and Shaukat exited the car and approached two other men who were dressed in traditional clothing. They allegedly repeated the same statements then banged on the synagogue door after children and adults ran inside. Anjam also allegedly kicked the side mirror of a parked vehicle.

About 15 minutes later, two other Jewish men were walking home on Ocean Parkway in Kensington after Shabbat services when the same Toyota stopped at the intersection. Anjam and Shaukat allegedly exited, approached the two victims and demanded repeatedly that they say, “Free Palestine,” according to the investigation. They then allegedly punched one of the victims multiple times and put him in a chokehold. Azad allegedly exited the driver’s seat and also punched one of the victims in the head.

The victims ran away and Anjam allegedly retrieved a wooden cricket bat from the trunk of the Toyota and chased them. A Lyft driver who observed the altercation offered to help the victims and drove them several blocks to safety.

The case was investigated by New York City Police Detective Daniel Zhang of the Hate Crimes Task Force.

The case is being prosecuted by Assistant District Attorney Samantha Perlstein, of the District Attorney’s Hate Crimes Bureau, under the supervision of Assistant District Attorney Ari Farkas, Deputy Chief of the Hate Crimes Bureau, and overall supervision of Assistant District Attorney Kelli Muse, Chief of the Hate Crimes Bureau.

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

 

FOR IMMEDIATE RELEASE
Thursday, July 1, 2021

 

Fourteen Alleged Members of “Babiiez” Gang Charged in 81-Count
Conspiracy Indictment That Includes 11 Shootings

Flatbush-based Gang is Alleged Subset of Insane Crip Gangsta
Nine Handguns Were Recovered During the Course of the Investigation

Brooklyn District Attorney Eric Gonzalez, together with New York City Police Commissioner Dermot Shea, today announced that 14 alleged members of the Babiiez street gang are variously charged in an 81-count indictment with conspiracy to commit murder, possess weapons and related charges. The indictment includes charges related to 11 shootings that resulted in eight victims – six of whom were alleged rival gang members and two men who were not rivals.

District Attorney Gonzalez said, “It is disturbing that young people in our communities are engaged in the type of brazen and senseless gun violence described in this indictment. Taking shooters off the streets has been a focus of my office and the NYPD, and long-term investigations such as this are making a real impact in restoring safety and driving down violence across Brooklyn. We will continue to target the drivers of crime and incapacitate street crews that disregard the life and safety of others.”

Commissioner Shea said, “Our investigation zeroed in on the upper echelons of this street organization. Our case focused on the violent street crime that has too often shattered life for those who live and work in our Brooklyn neighborhoods. And by pursuing these kinds of cases together, our NYPD detectives and prosecutors in the Brooklyn District Attorney’s Office, are working every day to reduce this kind of violence in the weeks and months ahead.”

The defendants will be arraigned this afternoon before Brooklyn Supreme Court Justice Miriam Cyrulnik on an 81-count indictment in which they are variously charged with first-, second- and fourth-degree conspiracy, second-degree attempted murder, first- and second-degree robbery, second-degree criminal possession of a weapon, second-degree assault, fourth-degree grand larceny, first-degree reckless endangerment, fourth-degree criminal facilitation, and false personation.

The District Attorney said the indictment is the result of a long-term investigation by the District Attorney’s Violent Criminal Enterprises Bureau and the NYPD’s Gun Violence Suppression Division into the violence allegedly committed by members and associates of the Insane Crip Gangsta (ICG) street gang, which is primarily based within the confines of the 70^th Precinct. The investigation specifically focused on a subset of ICG called the Babiiez, named for younger ICG gang members who ranged in age from 15 to 21 years old during the course of the conspiracy.

It is alleged that many of the acts of violence were captured on surveillance videos. Furthermore, it is alleged that the defendants boasted about their criminal actions on social media, directing acts of violence and taking credit for shootings. Finally, it is alleged, the defendants can be heard on recorded Rikers Island jail phone calls discussing violent acts, discussing the possibility of being indicted, discussing how to hold a gun, and boasting about its street dominance.

The District Attorney said that, according to the indictment, ICG/Babiiez territory encompasses the Flatbush area, specifically East 21^st Street. The buildings located at 131-141 East 21^st Street are attached six-story red brick apartment buildings located on the east side of East 21^st Street between Church and Caton Avenues. The buildings are allegedly referred to as “The Castle” by the defendants and their associates and are believed to be their hub – where they congregated before and after a number shootings charged in the indictment.

It is alleged that between May 24, 2019 and the date of this indictment, the Babiiez and associates from the Bergen Fam gang, with whom they have an alliance, committed multiple shootings and acts of violence against rival gang members or within rival gang territory to maintain dominance over their geographical territory, maintain supremacy over rivals, and to retaliate against taunts and teasing on social media over the death of a former ICG member.

It is alleged that Babiiez members committed 11 shootings during the course of the conspiracy, including the following:

• It is alleged that on June 30, 2020, defendants Tristian Williams and Timothy Spence left “The Castle” and walked to 50 East 18^th Street in the 70^th Precinct, which is rival 8 Trey gang territory at approximately 7:05 p.m. Williams is then allegedly seen on surveillance video firing several shots at a group of men standing in front of the building, striking an alleged 8 Trey gang associate in the leg. Williams and Spence are then captured on surveillance video fleeing the scene.

• It is alleged that also on June 30, 2020, shortly after the shooting at 50 East 18^th Street, a group of approximately 10 men, including Williams and Spence, were hanging out in front of “The Castle” when shots were fired at the group, and they ran into the building to escape. Spence is then allegedly seen on surveillance video giving a firearm to Jahmaree Dublin. Spence, Williams, Dublin and five others then walk to Bedford Avenue and Eastern Parkway where video surveillance shows a man, who is not a rival, exiting a vehicle. Dublin allegedly approaches the man from behind and shoots him, striking him in the leg. [This incident is depicted in a video that can be viewed here.]

• It is alleged that on July 26, 2020, at approximately 8 p.m., in front of 156 Madison Street, defendants Amath Kebe, Malik Harry and Kymani Salkey were riding in a vehicle in opposition territory, i.e., the territory of the rival Structure Gang, when they allegedly spotted a member of that rival gang. Surveillance video shows a set of arms extended out from the front passenger side window and rear passenger side window firing shots at the victim, who was struck in the leg. Additional surveillance video tracks the vehicle to Bergen Street and allegedly shows Kebe exiting from the rear passenger side, Salkey exiting from the front passenger side and Harry exiting from the driver’s side. [The shooting is depicted in a video that can be viewed here.]

The investigation was conducted by New York City Police Department Detective John Davis and Detective Steven Souffrin, of the NYPD’s Gun Violence Suppression Division, under the supervision of Sergeant Andrew Dunton, also of the Gun Violence Suppression Division, and the overall supervision of Inspector Jason Savino, Commanding Officer of the Gun Violence Suppression Division.

The case is being prosecuted by Senior Assistant District Attorneys Jhounelle Cunningham and Janesse Dawson and Assistant District Attorney Stephanie Pak, of the District Attorney’s Violent Criminal Enterprises Bureau, under the supervision of Assistant District Attorney Jennifer Cilia, Deputy Bureau Chief, Assistant District Attorney Leila Rosini, Deputy Bureau Chief and Assistant District Attorney Alfred DeIngeniis, Bureau Chief.

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

DEFENDANT ADDENDUM:

1. Tristian Williams, 19, of East New York, Brooklyn.
2. Jaden Occean, 18, of Prospect Lefferts Gardens, Brooklyn.
3. Timothy Spence, 17, of Flatbush, Brooklyn.
4. Moustapha Diop, 19, of Flatbush, Brooklyn.
5. Jahmaree Dublin, 19, of East Flatbush, Brooklyn.
6. Malik Bacchus, 19, of Crown Heights, Brooklyn.
7. Kymani Salkey, 18, of Crown Heights, Brooklyn.
8. Amath Kebe, 18, of East Flatbush, Brooklyn.
9. Jarell Swan, 18, of Clinton Hill, Brooklyn.
10. Darius Omotunde, 19, of Crown Heights, Brooklyn.
11. Abu Gaye, 19, of Crown Heights, Brooklyn.
12. Bobby Thomas, 20, of East New York, Brooklyn.
13. Malik Harry, 21, of Crown Heights, Brooklyn.
14. Krisaiya Blount, 16, East New York, Brooklyn.

 

FOR IMMEDIATE RELEASE
Wednesday, June 30, 2021

 

Brooklyn District Attorney Moves to Vacate Conviction of Man
Who Served Nearly 19 Years in Prison for Firing at Police

Forensic and Ballistic Evidence Contradicted Testimony;
This is the 30th Exoneration by Brooklyn’s Conviction Review Unit

Brooklyn District Attorney Eric Gonzalez today announced that following an investigation by his Conviction Review Unit (CRU) he will move to vacate the conviction of Phillip Almeda, 42 (now known as Kadafi Ala), who was incarcerated for almost 19 years for attempted aggravated assault on police officers before being paroled in 2018. The investigation revealed confirmation bias in the prosecution of the case that ignored contradictions between the police officers’ accounts and the ballistic evidence from the recovered gun. The full CRU report is available here. This is the 30th exoneration following a reinvestigation since the CRU was established in 2014.

District Attorney Gonzalez said, “A reinvestigation of this case showed how confirmation bias can lead to a wrongful conviction. Despite witness testimony that contradicted the ballistic evidence, this crime was presented to a jury as a ‘simple case’ and a man unjustly spent nearly two decades in prison. We are moving to vacate this conviction because our review of all the available evidence, including an expert’s reexamination of the ballistics, has demonstrated that the defendant could not have committed the shooting as described at trial. This exoneration is another example of my CRU’s continued commitment to correct miscarriages of justice without any fear or favor.”

Ala will appear in person before Brooklyn Supreme Court Justice Matthew D’Emic today at 11 a.m.

The reinvestigation looked into a shooting that took place on January 1, 2000 at about 12:15 a.m. in front of 1320 Eastern Parkway in Crown Heights. Four anti-crime police officers in plain clothes observed a 16-year-old male firing a revolver in the air and possibly towards them, returned fire in his direction and saw him flee into the building. That teenager, whose gun was never found, was later charged and adjudicated as a youthful offender.

The officers’ accounts of Almeda’s actions varied. Two of them claimed that, as they responded to the gunfire, they saw him firing in their direction before emerging from a right-side courtyard. Nobody was struck and nine spent shell casing were recovered from the sidewalk. The defendant, who was 20 at the time, was arrested immediately, and a gun was recovered from an adjacent courtyard. Some of the officers alleged that he made inculpatory statements when apprehended.

Almeda was tried in February 2001. The officers testified in accordance with the above-described accounts. The defense presented a number of witnesses who knew the defendant and contended he did not possess a gun. They testified that a group of people were watching fireworks when the 16-year-old fired a revolver and a different person fired a semi-automatic weapon in the air, paused and fired again, before police responded and fired in his direction. They said that no one returned fire towards the officers.

Almeda was acquitted of attempted murder and other counts but convicted of three counts of attempted aggravated assault on a police officer and sentenced to three consecutive terms of seven years in prison. He was paroled in December 2018.

The CRU reviewed documents, interviewed personnel involved in the investigation and hired an independent expert who was provided with the weapon that was recovered after the shooting, a 9-mm Lugar semi-automatic pistol. His report concluded that, based on the location of the shell casings and cartridges of the recovered gun, it was highly improbable that they came from the reported firing position of the defendant. For all nine casings to end up on the sidewalk and none in the courtyard, all the casings would have had to bounce through shrubbery, a chain-link fence, and over a two-foot high brick wall, making it virtually impossible for the defendant to commit the shooting as described at trial. The shooter was most likely standing on the sidewalk. In addition, the gun was recovered just inside the gate of the left courtyard and there is no plausible explanation as to how the defendant could have placed the gun there before being apprehended after emerging from behind the right courtyard. Those issues were never explored before the jury at trial and no forensic evidence linked the pistol to the defendant.

The CRU also concluded that the defense witnesses’ testimony was more consistent with the ballistic evidence, unwittingly accounting for the location of the spent shells as well as the location of two unfired cartridges that were recovered from the sidewalk. Finally, a review of police pretrial accounts that were recorded shortly after the incident uncovered inconsistencies with the inculpatory statements attributed to the defendant at trial, suggesting his post-apprehension statements were not accurately described to the jury.

This case was investigated by Assistant District Attorney Eric Sonnenschein, Deputy Chief of the District Attorney’s Post-Conviction Justice Bureau, with the assistance of Assistant District Attorney Lori Glachman, Editor in Chief of the Conviction Review Unit, under the supervision of Assistant District Attorney Mark Hale, Chief of the Post-Conviction Justice Bureau.

 

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FOR IMMEDIATE RELEASE
Thursday, June 24, 2021

 

Two Teenagers Indicted for Fatally Shooting 17-Year-Old Boy
In Ambush Outside Midwood Charter School

Defendants Allegedly Shot Victim as He Left School Shortly After Dismissal

Brooklyn District Attorney Eric Gonzalez today announced that two Brooklyn teenagers have been arraigned on an indictment in which they are charged with second-degree murder for fatally shooting a 17-year-old boy in an ambush outside the victim’s Midwood charter school shortly after school dismissal.

District Attorney Gonzalez said, “This is a tragic and shocking case in which the defendants – just 15 and 16 years old – allegedly took the life of a 17-year-old student, brazenly shooting him in the middle of the day outside of a high school. We will never accept this type of cold-blooded violence on the streets of Brooklyn and will now seek justice for this young victim whose life was senselessly cut short.”

The District Attorney identified the defendants as Malachi Simms, 15, and Quran Smith, 16, both of Flatbush, Brooklyn. The defendants were arraigned today before Brooklyn Supreme Court Justice Craig Walker on an indictment in which they are charged with second-degree murder and two counts of second-degree criminal possession of a weapon. The defendants were held without bail and ordered to return to court on August 11, 2021. Smith faces up to 25 years to life in prison if convicted of the top count. Simms, because of his age, faces up to 15 years to life in prison if convicted of the top count.

The District Attorney said that, according to the investigation, on April 29, 2021, at approximately 2:40 p.m., the defendants allegedly fatally shot Devonte Lewis, 17, as he was leaving Urban Dove Charter School, a high school, on East 21st Street near Avenue K.

The victim, a first-year Urban Dove student who had recently started a maintenance job with the New York City Housing Authority, suffered a gunshot wound to the stomach and was taken to Kings County Hospital, where he died.

Surveillance video from outside the school allegedly shows both defendants raising their arms to chest height to fire at the victim and continuing to fire after he falls to the ground. Surveillance video taken after the shooting allegedly shows the defendants fleeing on foot.

Police officers recovered .380 and 9mm shell casings and one live 9mm round at the scene of the shooting. A loaded .380 Taurus Spectrum Pistol allegedly fell out of defendant Smith’s pants when he was arrested on May 19, 2021.

The case is being prosecuted by Senior Assistant District Attorneys James Slattery and Gillian DiPietro, of the District Attorney’s Violent Criminal Enterprises Bureau, under the supervision of Assistant District Attorneys Jennifer Cilia and Leila Rosini, VCE Deputy Bureau Chiefs, and the overall supervision of Assistant District Attorney Alfred DeIngeniis, VCE 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 17, 2021

 

Unlicensed Contractor and Grocery Store Owner
Indicted in Connection to Vendor’s Elevator Death;

Victim Died While Attempting to Use Illegally Installed Makeshift Elevator

Brooklyn District Attorney Eric Gonzalez, together with New York City Department of Investigation Commissioner Margaret Garnett, Department of Buildings Commissioner Melanie E. La Rocca and Occupational Safety and Health Administration Regional Administrator Richard Mendelson, today announced that the owner of an East Flatbush grocery store and an unlicensed contractor hired to install an elevator at the store have been indicted in connection to the death of a grocery bag vendor.

District Attorney Gonzalez said, “An innocent man going about his daily life died tragically and unnecessarily because of an illegally and improperly installed elevator. This indictment is part of my steadfast commitment to ensuring safe workplaces and holding accountable those who would endanger workers.”

Commissioner Garnett said, “The City requires permits for lifts installed to transport groceries between floors so safety can be checked and confirmed. As this indictment shows, ignoring the City’s construction regulations can have profoundly tragic results and individuals who choose to disregard them will be held accountable. DOI was pleased to join the Brooklyn District Attorney’s Office, the City Department of Buildings and the Occupational Safety and Health Administration in this important investigation.”

Commissioner La Rocca said, “The continued use of illegally installed equipment demonstrated a brazen disregard for public safety and led to a preventable tragedy. This case serves as a stark reminder that hiring licensed professionals and strictly adhering to NYC’s building codes are decisions that can save lives.”

OSHA Regional Administrator Mendelson said, “This worker’s death was preventable. Employers are responsible for providing workplaces free from recognized hazards that can injure, sicken or kill employees. When they fail in that responsibility and disregard safety rules the results, as in this case, can be lethal and irreversible.”

The District Attorney identified the defendants as Kwan Yoon, 72, of Flushing, Queens, Jin Sung Cho, 76, of Staten Island, New York, and KP Farm Market Corp. Yoon is charged with one count of second-degree manslaughter and all three defendants are charged with one count of criminally negligent homicide. They were arraigned today before Brooklyn Supreme Court Justice Danny Chun and released without bail. They were ordered to return to court on August 17, 2021

The District Attorney said that, according to the investigation, on April 2, 2018, Young- Kil Sim, 62, a bag vendor, was crushed to death while delivering an order of grocery bags to KP Farm, a fruit and vegetable store located at 1887 Nostrand Avenue, while using an illegally installed electrically-operated elevator in the basement.

It is alleged that Cho, who owns the store, hired Yoon in 2016 to install a makeshift elevator at the site. The work was allegedly done without a permit, as required by the New York City Department of Buildings. It is also alleged that Cho did not use a licensed engineer or registered architect, nor a master electrician, to apply for a permit to install the elevator, as required. Yoon did not have a license to do any type of construction work, according to the investigation, and the device he created did not have certain critical safeguards, specifically doors and brakes, in violation of city laws and national safety standards. These laws are meant to protect persons from one of the obvious dangers presented by these devices; that when the platform descends, it can crush someone who is in the shaft or threshold of the elevator.

On the day of the incident, it is alleged, the victim went to the basement to make the delivery. A store worker pressed the call button to bring the platform to the basement level. The victim entered the shaft with a hand truck as there were no doors or gates to prevent him from doing so. Unbeknownst to the victim, the platform was above him. It descended and crushed his head, killing him.

The case was jointly investigated by KCDA, the New York City Department of Investigation, the New York City Department of Buildings, and the Manhattan Area Office of the Department of Labor’s Occupational Safety and Health Administration.

Also assisting in the investigation were KCDA Investigative Analyst Arleen Castillo and New York City Police Department Detective Hee-Jin Park-Dance of the Queens District Attorney’s Office NYPD Squad.

The case is being prosecuted by Senior Assistant District Attorney Deidre Moskowitz and Senior Assistant District Attorney David Vargas, of the District Attorney’s Frauds Bureau, under the supervision of Assistant District Attorney Samantha Magnani, Chief of the Construction Crimes and Labor Fraud Unit of the Frauds Bureau, and Assistant District Attorney Michel Spanakos, Deputy Chief of the Investigations Division, and the overall supervision of Assistant District Attorney Patricia McNeill, Chief of Investigations.

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