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Friday, August 9, 2024

Brooklyn District Attorney Moves to Vacate Conviction of Brooklyn Man Who Served 16 Years for Homicide After Critical Video Wasn’t Turned Over

Defendant Requested to Watch Surveillance Tape Throughout Trial but Was Denied;

Technical Difficulties Prevented Showing it; Defense Lawyer Was Ineffective and Judge Unfair

Brooklyn District Attorney Eric Gonzalez today announced that following a thorough reinvestigation by his Conviction Review Unit (CRU), he will move to vacate the conviction of Arvel Marshall, 52, who was convicted of a 2008 murder in Crown Heights. He would have been eligible for parole in 2033. A surveillance video showing the gunman shortly before and right after the shooting was not turned over to the defense and seemingly never fully viewed by law enforcement. The video, requested by the defendant throughout the trial to no avail, would have likely led to a different trial outcome. In addition, the CRU found that the defense attorney “abdicated his role as an advocate” and the judge “abandoned his role of a neutral arbiter.” The full CRU report is available here.

District Attorney Gonzalez said, “An investigation by my Conviction Review Unit found that everyone involved in this case – defense, prosecution, police, and the Court – failed, depriving Mr. Marshall of a fair trial. A critical piece of evidence was not turned over, leading to this unjust conviction. The CRU’s work often reveals systemic failures, and this is a prime example of that. We will continue to expose, correct, and learn from every wrongful conviction that took place in Brooklyn.”

The defendant will appear in court today at 10:00 a.m. before Brooklyn Supreme Court Justice Matthew D’Emic at 320 Jay Street, 15^th Floor.

The District Attorney said that on the night of July 15, 2008, 22-year-old Moustapha Oumaria was fatally shot in the head while sitting outside his Crown Heights home with three friends. Marshall became a suspect based on claims that he and the deceased, who dated the same woman as the defendant, had an ongoing dispute. The three friends who were at the scene identified Marshall as the killer (although initial accounts described the gunman as a teenager and the defendant was 36 at the time).

Marshall testified and professed his innocence throughout the trial. There was a video containing surveillance footage near the scene from which police made four still photos depicting two individuals, one of whom matched the clothing description of the shooter that was provided by witnesses. But the prosecutor was unable to play the video in court, making several attempts to do so. He said that his understanding was that the stills represented the pertinent parts of the footage, and that the video has “no evidentiary value.” It appears that no one actually watched the entire video, and the issue was not pursued later in the trial. Marshall was convicted and sentenced to 25-years-to-life in prison.

The CRU was able to view the surveillance footage, which included two different angles. The footage shows a young man wearing a white t-shirt and dark pants, matching exactly the description of the shooter, walking along with another individual wearing all black. The footage shows the first man reaching under his shirt on his right side, removing an object from his waistband, handling the object by his right hip, then lowering his shirt back over his waist. When the two men go off screen, the footage shows two older men walking in the street in the same direction as the two young men. At one point the two older men stop and look toward the area of the shooting, then start walking back in the opposite direction while glancing over their shoulders. Moments later, the younger men in white and black are seen sprinting down the street away from the area of the shooting, never looking behind them. The one with the white shirt is seen with his right arm extended straight down by his side and slightly away from his body while appearing to be holding something.

A police note attached to the disc containing the surveillance footage lists several timestamps, none of which include the pertinent portions. The footage—which the defendant, in front of the jury, repeatedly asked to be shown to the jury—is grainy but seems to point to a different suspect. The CRU concluded that the videos were favorable to the defense and should have been turned over.

The reinvestigation also followed up on a pre-trial defense investigation (whose findings were not brought up at trial), in which a tipster claimed that the shooting was arranged by a drug dealer who lived next door to the victim and ordered a hit against a man he believed to be encroaching on his drug territory. The unknown tipster claimed that the deceased was killed by a 16-year-old in a case of mistaken identity. The dealer confirmed the drug trade dispute to the CRU but denied being involved in the murder.

Finally, the CRU identified serious errors that were committed by all parties. Defense counsel did not advocate effectively; his client raised valid questions that the attorney made clear were his client’s concerns and not his, effectively disparaging the defendant; he blindly accepted the representation that the video was unreadable, despite the fact that stills were made from it; and he didn’t prepare his client before he testified and did not question him on the stand. The prosecutor should have watched the video footage and not state without firsthand knowledge that the stills represented everything of significance in the footage. The judge responded to the defendant’s many outbursts with disdain; he instructed him to “shut up” and “be quiet” and told the defendant, in front of the jury, that the footage was “not relevant” despite never having watched it; when the defendant was testifying, the judge denigrated and belittled him in front of the jury; and he did not insist on playing the video. The police investigators didn’t seem to have watched the entire footage and likely falsely reported to the prosecutor that the stills showed all relevant parts of the footage.

Because of these mistakes and the failure to turn over evidence, Marshall was deprived of a fair trial. The District Attorney recommends that his conviction be vacated and the indictment dismissed. There are no viable avenues to further investigate the defense investigators’ claims.

To date, the work of the Conviction Review Unit has resulted in 39 convictions being vacated since 2014. Currently, CRU has approximately 60 open investigations.

This case was investigated by members of the Brooklyn District Attorney’s Conviction Review Unit, under the supervision of Charles Linehan, Unit Chief.

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Thursday, August 8, 2024

Bushwick Man Indicted for Sex Trafficking Teenage Girls

Allegedly Recruited Two 15-year-olds and a 17-year-old to Engage in Prostitution;

Arrested Following Undercover Sting; His Cousin Allegedly Acted as Driver

Brooklyn District Attorney Eric Gonzalez today announced that a Bushwick man has been arraigned on two indictments charging him with promoting prostitution and sex trafficking of a child for allegedly recruiting multiple victims, including three teenage girls, ages 15 to 17, to engage in prostitution. The defendant’s cousin allegedly acted as his driver, picking up one of 15-year-old victims and dropping her off at the defendant’s residence. The defendant was arrested at his apartment in Bushwick during an undercover sting.

District Attorney Gonzalez said, “These defendants allegedly exploited three teenage girls, recruiting them to repeatedly engage in prostitution. I am deeply committed to bringing to justice individuals who prey on vulnerable young people in Brooklyn, and we will now seek to hold these two defendants accountable.”

The District Attorney identified the defendants as Terrence Rogers, a.k.a., Aura, 33, and Vashorne McClain, 28, of Bushwick, Brooklyn. Rogers was arraigned today before Brooklyn Supreme Court Justice Danny Chun on two separate incidents in which he is charged with multiple counts of sex trafficking of a child; second-, third-, and fourth-degree promoting prostitution; third-degree rape; third-degree sexual abuse; sexual misconduct; endangering the welfare of a child; and unlawful dissemination or publication of an intimate image. He was ordered held without bail and to return to court on August 20, 2024. McClain was arraigned on an indictment in which he is charged with sex trafficking of a child, third- and fourth-degree promoting prostitution, and endangering the welfare of a child. He was released without bail and ordered to return to court on September 18, 2024.

The District Attorney said that, according to the investigation, between March 9, 2024, and April 12, 2024, Rogers allegedly recruited a 15-year-old girl to engage in prostitution on multiple occasions from his apartment at Halsey Street in Bushwick. The victim was allegedly introduced to the defendant by a classmate, also 15, who was engaging in prostitution for the defendant at the time. It is alleged that Rogers posted the 15-year-old’s photo on a website advertising sexual services. He also allegedly gave her a cellphone and instructed her on how to communicate with customers and how much to charge them.

Furthermore, according to the investigation, Rogers allegedly sexually assaulted the 15-year-old victim on April 12, 2024. More than a month later, the defendant allegedly messaged her on Snapchat and threatened to a post a nude photo of her online unless she continued to engage in prostitution. After the victim returned to the defendant’s apartment, he allegedly posted the nude photo on a website advertising sexual services before forcibly touching her.

On June 13, 2024, the victim reported the assault to a school social worker who contacted police. The District Attorney’s Human Trafficking Unit and the New York City Police Department then launched an undercover investigation.

On July 3, 2024, an undercover officer responded to a live online advertisement posting for prostitution in Brooklyn with images of the underage victims. The undercover officer called the phone number provided in the advertisement and was directed to the Halsey Street location. Inside the defendant’s apartment, the undercover officer made an agreement to have sex with a 22-year-old woman for $100. A field team then raided the apartment. As police were entering, Rogers was allegedly caught leaving the bathroom with a 17-year-old victim who was partially undressed. He was arrested at the location.

Investigators subsequently determined that there were approximately six other women engaging in prostitution at the address.

Investigators also determined that between March 9, 2024, and April 12, 2024, the co-defendant acted as a driver for Rogers, allegedly picking up the 15-year-old victim at her home and dropping her and other women off at the defendant’s apartment to engage in prostitution.

The case was investigated by New York City Police Detective Latasha Carter, Detective Joseph Azevedo and Detective Kevin Deleon from the NYPD’s Human Trafficking Squad, under the supervision of Sergeant Kevin Kavanagh, Lieutenant Amy Capogna, and Captain Maripily Clase, and the overall supervision of Chief Carlos Ortiz.

The District Attorney thanked Digital Forensic Analyst Richard Rojas from the District Attorney’s Digital Evidence Lab for his assistance in the case.

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

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

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Wednesday, August 7, 2024

East Williamsburg Man Sentenced to 25 Years to Life in Prison for Axe Attack that Critically Wounded Girlfriend and Killed Her Pregnant Friend

Defendant Struck Victims, both Mothers, Multiple Times with an Axe

Inside Girlfriend’s Apartment Where her 4-Year-Old Daughter Was Present

Brooklyn District Attorney Eric Gonzalez today announced that an East Williamsburg man has been sentenced to 25 years to life in prison for a brutal axe attack in which he hacked his girlfriend multiple times, leaving her in critical condition, and fatally struck her pregnant friend.

District Attorney Gonzalez said, “This was a shocking and senseless act of violence that took the life of a pregnant woman and left a second woman with physical and emotional traumas she suffers to this day. Nothing will bring Savannah Rivera back, but I hope today’s sentence brings a measure of solace to her family and friends. The defendant has now been brought to justice.”

The District Attorney identified the defendant as Jerry Brown, 39, of East Williamsburg, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Danny Chun to 25 years to life in prison. The defendant was convicted of second-degree murder, second-degree attempted murder, and first-degree assault on June 18, 2024, following a bench trial.

The District Attorney said that, according to the evidence, on April 20, 2019, at approximately 1:35 a.m., the defendant attacked his 21-year-old girlfriend and her friend Savannah Rivera, 20, with an axe inside his girlfriend’s apartment in the Bushwick Houses on Flushing Avenue near Humboldt Street in East Williamsburg. His girlfriend’s 4-year-old daughter was present in the apartment during the attack.

Furthermore, according to the evidence, the defendant fatally struck Rivera, hitting her repeatedly, and hacked his girlfriend multiple times, causing a severe laceration to the back of her head and gashes to her torso, arms, and throat. After the defendant left the apartment, the surviving victim made her way outside, approached an Uber car that was at a traffic light and the driver called 911. She was taken to Elmhurst Hospital in critical condition.

The victim subsequently underwent multiple surgeries while being treated for a fractured skull, broken ribs, collapsed lungs, and multiple stab wounds. To date, she continues to suffer from seizures and remains at heightened risk of developing life-threatening infections.

The defendant surrendered to police at the 90^th Precinct later that day at approximately 5:30 p.m. During an interview with investigators, the defendant confessed to attacking Rivera and said he threw the axe and his girlfriend’s cellphone into the building’s incinerator.

The District Attorney thanked Paralegal Meghan Brancato of the Homicide Bureau for her assistance on the case.

The case was prosecuted by Assistant District Attorney Ernest Chin, Deputy Chief of the District Attorney’s Homicide Bureau, and Senior Assistant District Attorney Cassandra Pond, also of the Homicide Bureau, under the supervision of Assistant District Attorney Leila Rosini, Bureau Chief.

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FOR IMMEDIATE RELEASE

Monday, August 5, 2024

Crown Heights Man Sentenced to Seven Years in Prison
For Violently Attacking Good Samaritan on Subway Car

Victim Was Slashed in Face After Attempting to Break Up Fight

Brooklyn District Attorney Eric Gonzalez announced today that a Crown Heights man has been sentenced to seven years in prison for attacking a 44-year-old man and slashing him in the face when the victim attempted to break up a fight on a subway car. The defendant pleaded guilty in June for the assault, which left the victim with significant scarring.

District Attorney Gonzalez said, “Today’s sentence holds the defendant accountable for a vicious and unprovoked attack of a stranger riding the subway. The fact that the victim was simply acting as a Good Samaritan makes the defendant’s behavior in this case especially appalling. We will never tolerate violence in the subway system.”

The District Attorney identified the defendant as Sean Lewis, 34, of Crown Heights, Brooklyn. The defendant was sentenced today by Brooklyn Supreme Court Justice Jane Tully to seven years in prison and five years’ post-release supervision. The defendant pleaded guilty to first-degree attempted assault on June 11, 2024.

The District Attorney said that, according to the evidence, on May 10, 2023, at approximately 9:40 p.m., the defendant was fighting another man on a southbound C train in Brooklyn. When the victim, 44, tried to intervene, the defendant turned his attention to him. The victim retreated to the other end of the subway car. As the train pulled into the Franklin Avenue station in Bedford-Stuyvesant, the defendant approached the victim and said, “Thank you.” He pulled out a sharp object and slashed the victim in the face. The defendant then got off the train and fled the station.

The victim was taken to Kings County Hospital where he required approximately 100 stitches to close the eight-inch wound on the left side of his face.

The defendant was captured on surveillance footage and arrested on May 18, 2023.

The case was prosecuted by Senior Assistant District Attorney Steven Bravo of the District Attorney’s Blue Zone Trial Bureau, under the supervision of Assistant District Attorney Kin Ng, Bureau Chief.

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FOR IMMEDIATE RELEASE

Thursday, July 25, 2024

Brooklyn Math Teacher Charged with Allegedly Enticing

Teenagers to Send Him Explicit Sexual Images

Posed as a Young Teen and Allegedly Engaged in Graphic Conversations

On Snapchat; Charged in Connection with Six Child Victims Attending Elite Schools

Brooklyn District Attorney Eric Gonzalez today announced that a 37-year-old former math teacher has been charged with use of a child in sexual performance and promoting a sexual performance by a child as sexually motivated felonies, as well as other related counts, for allegedly enticing or trying to entice teenage students from four Brooklyn schools to send him images of nudity and sexual performances. The defendant, who used to teach at Saint Ann’s School in Brooklyn Heights, allegedly pretended to be a young teen and fellow student when engaging in conversations of sexual nature over the messaging application Snapchat.

District Attorney Gonzalez said, “A complicated investigation by detectives from my office revealed extremely disturbing conduct by this defendant, who allegedly posed as a peer to coax teenagers to send him sexually explicit images of themselves, which he then allegedly distributed. The fact that he was a teacher and a trusted figure among students make these allegations even more troubling. We will now seek to hold him accountable and will continue to work diligently to protect children from sexual exploitation.”

The District Attorney identified the defendant as Winston Nguyen, 37, of Harlem, New York. He was arraigned today in Brooklyn Criminal Court on a criminal complaint charging him with use of a child in a sexual performance, promoting a sexual performance by a child, first-degree disseminating indecent material to minors, third-degree conspiracy, third-degree criminal solicitation and endangering the welfare of a child. Bail was set at $30,000 cash or $75,000 bond and the defendant was ordered to return to court on October 17, 2024.

The District Attorney said that, according to the investigation, the defendant allegedly presented himself as a young teen when having conversations with children on Snapchat. He is charged with crimes against five girls and one boy who went to the independent Brooklyn schools Saint Ann’s School, Poly Prep Country Day School, Berkeley Carroll School, and Packer Collegiate Institute. It is believed that the defendant had similar online interactions with numerous other children.

The 11 charged incidents allegedly took place between October 2022 and May 2024. The first four involved a child who, starting when they were 14, received multiple video messages from an account called hunterkristoff depicting a nude boy masturbating, and was subsequently asked to send images of them nude or performing sexual acts. Investigators located the boy seen on the videos, who lives in another state and was 16 at the time.

The same account, hunterkristoff, was allegedly used to conduct prolonged communications that described and depicted various sexual acts and requested images of nudity and sexual performances from four additional victims, whose ages ranged between 13 and 15.

The sixth victim, who was 15, received messages from an account called haircutbongos that engaged them in similar conversations and made similar requests. In May 2024, the child sent a video depicting them perform a sexual act and was allegedly paid by the defendant. It is alleged that the defendant shared some of the explicit photos he received from the victims when chatting with other children.

The two Snapchat accounts mentioned above were connected to IP addresses associated with the defendant’s Harlem residence, according to the investigation. Other evidence includes digital communications and images, and accounts from victims.

Anyone with information about this case or this defendant is asked to email ReportSNAPCHATImages@brooklynda.org.

The case was investigated by KCDA Detective Investigators, with the assistance of Senior Digital Forensic Analyst Sourov Talukder and Digital Forensic Analyst Richard Rojas, of the District Attorney’s Digital Evidence Lab.

The case is being prosecuted by Senior Assistant District Attorney Daniel Brian Newcombe, of the District Attorney’s Special Victims Bureau, under the supervision of Assistant District Attorney Kevin O’Donnell, Deputy Bureau Chief, and Assistant District Attorney Olatokunbo Olaniyan, First Deputy Bureau Chief, and the overall supervision of Assistant District Attorney Miss Gregory, Bureau Chief.

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A criminal complaint is merely an accusation and not proof of a defendant’s guilt

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Friday, July 19, 2024

Flatbush Man Sentenced to 14 Years in Prison for Attempted Murder for Throwing Incendiary Device into Bedford-Stuyvesant Deli 

Defendant Stabbed Deli Worker in Hand after Running from Scene, Being Chased

Brooklyn District Attorney Eric Gonzalez today announced that a Flatbush man has been sentenced to 14 years in prison for throwing a Molotov cocktail into a Bedford-Stuyvesant deli, attempting to throw a second Molotov cocktail and stabbing a deli worker who chased the defendant as he fled the scene.

District Attorney Gonzalez said, “This defendant threw an incendiary device into a deli, leading to an explosion which endangered the lives of two workers. Thankfully, no one was killed or seriously injured. Today’s sentence holds him accountable for his actions.”

The District Attorney identified the defendant as Joel Mangal, 40, of Brooklyn, New York. He was sentenced today by Brooklyn Supreme Court Justice Jane Tully to 14 years in prison and five years’ post-release supervision. He pleaded guilty to second-degree attempted murder on June 11, 2024.

The District Attorney said that, according to the investigation, on October 30, 2021, at approximately 6:40 a.m., the defendant threatened to kill two employees at a deli located at 496 Nostrand Avenue in Bedford-Stuyvesant and threatened to burn the building down. He then picked up an apple from the store and threw it in the direction of one employee, breaking a television screen.

Furthermore, at approximately 7:50 a.m., on October 30, 2021, the defendant stood outside of the deli and threw a Molotov cocktail inside the deli, which exploded into a fireball on impact and engulfed the deli counter and caused portions of the cashier counter to go up in flames, forcing two employees to jump through the flames to get to safety. One victim’s foot and arm caught fire.

Shortly thereafter, the defendant attempted to throw a second Molotov cocktail into the store, but a passerby knocked it out of his hand. The defendant immediately fled the location, heading for the Nostrand Avenue A/C subway station. The workers chased the defendant into the subway and one of them was stabbed in the hand by the defendant. The worker found a police officer and pointed out the defendant on the subway platform, and he was arrested.

The case was prosecuted by Senior Assistant District Attorney Jessica Wishart of the District Attorney’s Blue Zone Trial Bureau, under the supervision of Assistant District Attorney Kin Ng, Bureau Chief.

 

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FOR IMMEDIATE RELEASE

Friday, July 19, 2024

Brooklyn District Attorney Eric Gonzalez and NYPD 

To Offer $500 for Guns at Crown Heights Buyback

Buyback to be Held at Beulah Church of the Nazarene on Saturday, July 20

No ID Required, No Questions Asked

Brooklyn District Attorney Eric Gonzalez and New York City Police Commissioner Edward A. Caban today announced that a Gun Buyback event will be held on Saturday, July 20, 2024, from 10 a.m. to 4 p.m., at Beulah Church of the Nazarene, located at 1250 Saint Johns Place, Brooklyn. Those who turn in operable guns and assault rifles will receive a $500 bank card.

Media availability will take place on Saturday, July 20, 2024, at 4 p.m. (members of the press are asked not to arrive before 3:30 p.m.).

District Attorney Gonzalez said, “We have made incredible progress reducing gun violence in Brooklyn, and we know that every gun that comes off of our streets can mean a life saved. Saturday’s Gun Buyback is an important component of our efforts to remove illegal firearms from our communities, and a great opportunity to pick up some extra cash this summer. I encourage anyone with any unwanted gun to take advantage of this opportunity.”

Commissioner Caban said, “As we make significant progress in combating gun violence in New York City, the issue remains among our most urgent public safety priorities. This gun buyback event will help New Yorkers advance the accomplishments we have already achieved this year: shooting incidents reduced by 10 percent citywide compared to last year and by more than 33 percent compared to 2022. The NYPD is proud to partner with the office of the Brooklyn district attorney and Beulah Church of the Nazarene to save additional lives and keep New York City the safest big city in the nation.”

Rev. Dr. Wenton Fyne, Pastor of Beulah Church of the Nazarene, said, “It is our delight to host this Gun buyback event at Beulah Church. All of us have a desire to keep our community safe. We know that gun violence is not the solution to deal with conflicts and solve problems. So if you or anyone you know has a gun, we encourage you to turn it in at the safest place in the community- the church. The scripture encourages us to live in peace with each other.”

The District Attorney said that his office will offer money in the form of a $500 bank card for each operable gun or assault rifle turned in, with a limit of three per person. There will be an offer of a $200 bank card for ghost guns or 3D printed guns with a maximum of two per person. No identification is required, and all transactions will be anonymous, no questions asked. Participants will also receive a $75 bank card for each rifle or shotgun and a $25 bank card for each air gun, imitation pistol or a non-operable firearm. Two ghost gun limit per participant and three guns total per participant.

The bank cards will be issued after each firearm is received and screened by officers on site. Guns should be unloaded and packaged in a paper or plastic bag or a box when brought to the event. If transported by car, the guns must be kept in the trunk. Both working and inoperable weapons will be accepted. Active or retired law enforcement officers and licensed gun dealers are not eligible for this event.

The DA’s Office hosts periodic Gun Buybacks throughout the year and in different Brooklyn neighborhoods.

Beulah Church of the Nazarene is located at 1250 Saint Johns Place, Brooklyn, NY 11213. (Entrance by Troy Avenue).

 

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FOR IMMEDIATE RELEASE

Wednesday, July 17, 2024

Brooklyn Man Sentenced to 20 Years in Prison for
Point-Blank Shooting at Victim Following a Dispute

Victim was Able to Dodge the Bullet and Escape from the Defendant

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man was sentenced to 20 years in prison for pulling out a gun following a dispute and firing at a man’s head at point-blank range. The victim managed to dodge the bullet. Following a struggle with the defendant, he managed to escape to safety by running into a store.

District Attorney Gonzalez said, “It is shocking that this defendant tried to execute a stranger in broad daylight following a minor dispute. The victim miraculously managed to dodge a bullet. We cannot tolerate gun violence in Brooklyn and today’s sentence holds the defendant accountable for his actions.”

The District Attorney identified the defendant as Jamal Batts, 34, of Boerum Hill, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Susan Quirk to 20 years in prison. The defendant was convicted on May 4, 2023, following a jury trial, of second-degree attempted murder, first-degree criminal use of a firearm, and two counts of second-degree criminal possession of a weapon.

The District Attorney said that, according to the evidence, on November 3, 2021, at approximately 12:10 p.m., in front of 222 Hoyt Street, in Boerum Hill, Brooklyn, the victim, a 53-year-old man, got into a dispute with the defendant, a stranger. The argument started when the defendant’s dog defecated on the sidewalk where the victim was cleaning, and when the victim complained, the defendant used a derogatory racial slur.

Furthermore, according to the evidence, the defendant threatened to kill the victim and immediately pointed a gun at the victim’s head at point blank range and fired a shot at the victim. The victim dodged the shot and struggled with the defendant. The defendant then racked the gun and chased after the victim, pointing the gun at him. The victim ran into a store and was able to escape from the defendant, who then walked across Hoyt Street into the Gowanus Houses and entered 414 Baltic Street.

Video surveillance from the store at 222 Hoyt Street and New York City Housing Authority videos at 414 Baltic Street and 215 Hoyt Street captured the entire incident and the defendant’s path in the aftermath. He was subsequently arrested.

The District Attorney thanked Digital Evidence Lab Intelligence Analyst Lexie Giardina for her assistance on the case.

The case was prosecuted by Senior Assistant District Attorneys Steven Bravo and Han Zhang of the District Attorney’s Blue Zone Trial Bureau, under the supervision of Assistant District Attorney Kin Ng, Bureau Chief.

 

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Tuesday, July 16, 2024

Brooklyn Men Who Stole Approximately $227,000 from

Elderly Clinton Hill Woman Sentenced to Prison

Former Neighbor of 94-Year-Old Woman Facilitated Theft Using a Power of Attorney

Brooklyn District Attorney Eric Gonzalez and Special Agent in Charge Patrick J. Freaney, U.S. Secret Service New York Field Office, today announced that two men convicted of stealing hundreds of thousands of dollars from an elderly woman over six months have been sentenced to up to three years in prison.

District Attorney Gonzalez said, “These defendants targeted an individual who is among the most vulnerable of our populations – a 94-year-old woman – while pretending to be neighborly and helpful. Instead, they stole hundreds of thousands of dollars. Fortunately, their scheme was unraveled, and they have now been held accountable. I thank the Secret Service and my prosecutors for their work on this case.”

Special Agent in Charge Freaney said, “These men took advantage of an elderly woman, stealing hundreds of thousands of dollars out from under her. Crimes like these that affect the most vulnerable among us are abhorrent, and the Secret Service is grateful to our partners from the Brooklyn District Attorney’s Office for holding these men accountable and ensuring that justice was done.”

The District Attorney identified the defendants as Humberto Nunez, 68, of Clinton Hill, Brooklyn and Mahilima Baa, 52, of Stuyvesant Heights, Brooklyn. They were sentenced today by Brooklyn Supreme Court Justice Adam D. Perlmutter. Both defendants were sentenced to an indeterminate term of one to three years in prison. The defendants were convicted of second-degree grand larceny and second-degree criminal possession of stolen property on March 20, 2024, following a jury trial. Baa was additionally convicted of two counts of first-degree identity theft.

The District Attorney said that, according to the trial testimony, between July 19, 2019, and January 7, 2020, the defendants, who are acquaintances, stole approximately $52,000 from a former business account associated with 684 Quality Cleaners, which was owned by Nunez’s former neighbor, Rose Kane, who is now deceased. Nunez, who lived two doors down from the victim and occasionally ran errands for her, was purportedly given power of attorney by her prior to her becoming incapacitated, moving into a nursing home, and having a guardian appointed.

Furthermore, on November 5, 2019, the defendants stole approximately $175,000 from a reverse mortgage line of credit the victim had since 2009.

Furthermore, according to the evidence, defendant Baa stole another $20,000 by impersonating the victim and opening two credit cards using her name, her address, date of birth and her Social Security number. He then added himself to the accounts as an authorized user. He used the funds to pay for various fees and personal expenses, a rental car, furniture for his children, office supplies, alcohol, restaurants and at a night club.

Nunez also used the funds for his personal expenses, according to the evidence, despite telling the reverse mortgage company the money was to be used to make badly needed and extensive repairs to the victim’s house. However, no repairs were made to the property and the defendants withdrew most of the $175,000 received from the reverse mortgage line of credit in cash, with the rest used to make credit card payments and personal purchases.

The case was investigated by the U.S. Secret Service New York Field Office and Detective Investigators assigned to the District Attorney’s Investigations Bureau.

The District Attorney thanked Intelligence Analyst Yacelys Corona and Paralegal Sheila Jones, of the Investigations Division, for their assistance on the case.

The case was prosecuted by Senior Assistant District Attorney Karen P. Turner, of the District Attorney’s and Senior Assistant District Attorney Daniel R. Tibbets, both of the District Attorney’s Frauds Bureau, under the supervision of Assistant District Attorney Gregory Pavlides, Frauds Bureau Chief, and the overall supervision of Assistant District Attorney Michel Spanakos, Deputy Chief of the Investigations Division and Assistant District Attorney Patricia McNeill, Chief of the Investigations Division.

 

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FOR IMMEDIATE RELEASE

Monday, July 15, 2024

Florida Man Indicted for Stealing Approximately $93,000 from

Six Victims While Posing as a Lawyer

Allegedly Forged a Victim’s Signature on Court Filings and Retainer Agreement

Brooklyn District Attorney Eric Gonzalez and Homeland Security Investigations New York Special Agent in Charge Ivan J. Arvelo today announced that a Florida man has been charged with stealing tens of thousands of dollars from six Russian-speaking victims in Brooklyn while posing as an attorney. The defendant was never registered to practice law.

District Attorney Gonzalez said, “As alleged, this defendant deceitfully portrayed himself as a practicing attorney to exploit the trust of New Yorkers in need of legal services. Instead of helping them, the defendant allegedly took advantage of them and lined his own pockets at their expense. We will now seek to hold him accountable for his alleged criminal actions.”

Special Agent in Charge Arvelo said “David Manasher is accused of stealing over $90,000 from his victims, including those who sought to lawfully obtain their immigration benefits. He allegedly exploited his customers and our nation’s immigration system for his own financial gain. HSI New York’s Document and Benefit Fraud Task Force is committed to identifying and investigating such crimes to ensure New Yorkers can feel as secure as possible, even – and especially – when they’re vulnerable. We are proud to work with the Brooklyn District Attorney’s Office and our law enforcement partners in ensuring the public’s safety and overall wellbeing remain a priority.”

The District Attorney identified the defendant as David Manasher, 44, of Margate, Florida, who also resided at times in New York and New Jersey. He was arraigned today before Brooklyn Supreme Court Justice Susan Quirk on a 20-count indictment in which he is charged with second-, third- and fourth-degree grand larceny; first-degree immigrant assistant services fraud; second-degree forgery; first-degree offering a false instrument for filing; practicing law or appearing as attorney-at-law without being admitted and registered to practice; and first-degree scheme to defraud. The defendant was released without bail and ordered to return to court on August 21, 2024.

The District Attorney said that, according to the investigation, between December 1, 2020, and March 15, 2024, the defendant defrauded six people out of approximately $93,000 while posing as a lawyer specializing in landlord-tenant, immigration, and contract law. The defendant stole amounts ranging from approximately $2,000 to approximately $65,000. All six victims are Russian-speaking and either resided or worked in Brooklyn. They retained the defendant through various referrals and paid him in the belief that he was a licensed attorney. In one matter, the defendant forged a victim’s signature on both a court filing and a retainer agreement.

One of the victims reported the defendant to the Brooklyn District Attorney’s Office, which launched an investigation.

People who believe that they have been victimized by this defendant are encouraged to contact the District Attorney’s Action Center at 718-250-2340 or send an email to ManasherComplaints@brooklynda.org.

The District Attorney thanked KCDA Detective Investigators and Intelligence Analyst Veranika Basak of the District Attorney’s Investigations Division for their assistance on the case.

Additionally, the District Attorney thanked HSI New York’s Document and Benefit Fraud Task Force and U.S. Citizenship and Immigration Service.

The case is being prosecuted by Senior Assistant District Attorney Sergey Marts, of the District Attorney’s Investigations Division, and Assistant District Attorney Andrew Kohler, Special Counsel to the Investigations Division, under the supervision of Assistant District Attorney Michel Spanakos, Deputy Chief of Investigations, and Assistant District Attorney Patricia McNeill, Chief of Investigations.

 

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