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Tuesday, October 29, 2024

Brooklyn Man Sentenced to 10 Years in Prison for
Stabbing and Kicking Subway Passenger

Victim Had Asked Defendant, who was Screaming Profanities, to Lower His Voice

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man was sentenced to 10 years in prison for pulling out a kitchen knife on the subway and stabbing a stranger in the back, then kicking him repeatedly about the face after he fell to the floor.

District Attorney Gonzalez said, “This was a senseless and frightening act of violence against someone who asked for basic courtesy on the subway. We are relieved the victim escaped more serious harm, but no one should have to experience such violence during their daily commute. Today’s sentence ensures the defendant is held accountable and reinforces our commitment to keeping our transit system safe.”

The District Attorney identified the defendant as Sadam Adames, 33, of Brownsville, Brooklyn. He was sentenced yesterday by Brooklyn Supreme Court Justice Heidi Cesare to 10 years in prison and five years’ post-release supervision. The defendant was convicted of first-degree attempted assault on September 18, 2024, following a jury trial.

The District Attorney said that, according to the evidence, on September 13, 2022, at approximately 12:40 p.m., the defendant was on a number 2 train traveling through Brooklyn toward Manhattan. When the defendant boarded the train at Winthrop Street, he began screaming profanities into his phone, alarming the other passengers. When a 49-year-old man on the train asked him to lower his voice the defendant walked down the train car, stood over the man, pulled a kitchen knife out of his bag, and attempted to stab the man in his stomach.

The victim was able to grab the defendant’s hand and the two struggled, according to the evidence. The defendant managed to stab the victim in the back and throw him on to the seats. The victim then fell to the floor and the defendant subsequently kicked the victim in the face multiple times. The train then pulled into the Bergen Street station and the defendant left the train.

The victim was treated by paramedics at the scene and taken to Methodist Hospital where he received three stitches to his back and was treated for bruising to his face and lacerations to his lip. The defendant was positively identified by a witness who saw the attack and recorded it on his cell phone. He was identified and arrested the next day after his photo was released to the media.

Intelligence Analyst Fatima Shaihk of the District Attorney’s Digital Evidence Lab assisted with this case.

The case was prosecuted by Senior Assistant District Attorney Matthew Barg and Assistant District Attorney Stacie Ulberg, of the District Attorney’s Orange Zone Trial Bureau, under the supervision of Assistant District Attorney Michael Trabulsi, Deputy Bureau Chief and Assistant District Attorney Danielle Eaddy, Bureau Chief.

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Thursday, October 24, 2024

Brooklyn Baseball Coach Indicted for Sex Abuse of Seven Teen Players

Allegedly Insisted Players Expose Themselves, Touched Genitals and Used Sexual Language; Victims Were Between 12 and 14 Years Old; Defendant Coached at The Packer School

Brooklyn District Attorney Eric Gonzalez today announced that a youth baseball coach has been indicted for course of sexual conduct against a child, sexual abuse and other charges. It is alleged that during his travel team’s practices and other settings he consistently made sexual comments, repeatedly insisted that players show him their genitalia and touched their intimate parts on several occasions. At times, he allegedly refused to let athletes stop difficult conditioning exercises unless they exposed themselves to him.

District Attorney Gonzalez said, “This defendant’s alleged actions represent a profound betrayal of trust, preying on the young athletes under his guidance. Coaches are entrusted with nurturing young minds and talents, not exploiting them for personal gratification. The disturbing details of this case highlight the lasting damage such behavior inflicts on vulnerable youth, and we are committed to holding this defendant fully accountable. Our priority remains to protect children and provide justice for these brave victims who have come forward.”

The District Attorney identified the defendant as Nicolas Morton, 31, of Park Slope. He was arraigned today before Brooklyn Supreme Court Justice Donald Leo on a 20-count indictment charging him with second-degree course of sexual conduct against a child, third- and first-degree sexual abuse, 13 counts of endangering the welfare of a child, two counts of forcible touching, and second-degree unlawful imprisonment. Bail was set at $75,000 cash or $150,000 bond and the defendant was ordered to return to court on December 13, 2024.

The District Attorney said that, according to the investigation, the defendant ran a travel baseball team while also serving as the head coach at The Packer Collegiate Institute. The allegations involve conduct during the travel team practices, mostly in Packer’s gym and in several Brooklyn ballfields, from the beginning of 2023 through the summer of 2024. Victims, whose ages ranged at that time from 12 to 14, recalled that at nearly every practice, the defendant made sexual comments, repeatedly asked to see the boys’ pubic hair, and spoke extensively about masturbation.

Three of the seven victims included in the indictment reported that the defendant allegedly touched their genitals over their clothes and one reported that he touched him under the clothing. All of the boys recalled that he asked, coaxed or pressured them to show him their pubic hair or penis. On numerous occasions he allegedly used illicit tactics to get them to show their genitals such as offering material benefits or telling them they could not stop running or doing other exhaustive drills unless they exposed themselves. He also allegedly threatened a number of boys that he would cut them from the team if they didn’t oblige.

Rumors started to circulate among players’ parents in July 2024 and some of them reported their concerns to Packer. The school terminated the defendant’s employment in August.

The District Attorney thanked New York City Police Department Detective Christopher Mastoros for his role in the investigation.

The case is being prosecuted by Senior Assistant District Attorneys Gwen Barnes and Gabriela Sinisi, of the District Attorney’s Special Victims Bureau, with assistance from Special Victims Paralegal Jennifer Hernandez, and Emmanuel DeJesus, of the District Attorney’s Victim Services Unit, under the supervision of 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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An indictment is merely an accusation and not proof of a defendant’s guilt

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Friday, October 22, 2024

Brooklyn Man Sentenced to 18 Years in Prison for
Killing 48-Year-Old Man at Bedford-Stuyvesant House Party

Victim Was Shot Twice During Attempted Robbery of Dice Game;

Defendant and Co-Defendant Pleaded Guilty to First-Degree Manslaughter

Brooklyn District Attorney Eric Gonzalez today announced that an Bedford-Stuyvesant man has been sentenced to 18 years in prison for fatally shooting a 48-year-old man at a house party in Bedford-Stuyvesant. The defendant and a co-defendant both pleaded guilty to first-degree manslaughter for their role in the killing.

District Attorney Gonzalez said, “This defendant’s actions demonstrate the callousness and disregard for life that too often accompanies gun violence, and today’s sentence sends a strong message that those who terrorize our communities will be held fully accountable. My office will continue to pursue justice for every victim and family shattered by senseless acts of gun violence, and we remain steadfast in our resolve to keep Brooklyn safe.”

The District Attorney identified the defendant as Ahmed Morrison, 22, of Bedford-Stuyvesant, Brooklyn. He was sentenced today to 18 years in prison and five years’ post-release supervision by Brooklyn Supreme Court Justice Jane Tully. The defendant pleaded guilty to first-degree manslaughter on September 4, 2024. A co-defendant, Unique Howell, 20, of Bedford-Stuyvesant, was sentenced to 17 years in prison and five years’ post-release supervision by Justice Tully. He pleaded guilty to first-degree manslaughter on February 23, 2024.

The District Attorney said that, according to the evidence, on February 6, 2020, the defendant and co-defendant, who were both armed with handguns, shot Kenneth Mark, 48, inside his home at 32 Pulaski Street in Bedford-Stuyvesant. The victim was hosting a party for about 15 people who were using a pool table to play dice. The defendant and co-defendant attended the party and left. At approximately 2 a.m., according to the evidence, they returned to the victim’s apartment wearing ski masks and armed with guns. The pair then forced their way into the apartment. They robbed one person of a wallet and proceeded to hold several others at gunpoint while attempting to take money off the pool table. When the victim put up a struggle, two shots were fired. The victim was struck in abdomen and chest. He was taken to Kings County Hospital where he died.

The defendant and co-defendant then fled together in a vehicle belonging to the defendant’s mother. Police located the vehicle a few days later, and the defendant’s name was on a traffic summons inside the car. Police also found the defendant’s fingerprints at the scene.

The defendant was arrested on May 2, 2020.

The District Attorney thanked Paralegal Suleimy Santos, of the Homicide Bureau, for her assistance on the case.

The case was prosecuted by Senior Assistant District Attorney Christopher Mirabella, of the District Attorney’s Homicide Bureau, and Senior Assistant District Attorney Kathleen Simpson, of the District Attorney’s Special Victim’s Bureau, under the supervision of Assistant District Attorney Leila Rosini, Homicide Bureau Chief.

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FOR IMMEDIATE RELEASE

Friday, October 22, 2024

Brooklyn Man Sentenced to Nine Years in Prison Following
Guilty Plea in Connection with Shooting Near Midwood High School

16-year-old Girl Struck by Stray Bullet

Brooklyn District Attorney Eric Gonzalez announced today that a Brooklyn man has been sentenced to nine years in prison for a broad daylight shooting near a high school in Midwood. A 16-year-old student was struck by a stray bullet on her way home.

District Attorney Gonzalez said, “This defendant’s unlawful decision to open fire near a school not only injured an innocent 16-year-old girl but shattered the sense of safety that every student, parent, and community member deserves. No young person should ever have to fear gunfire while walking home from school, and no community should bear the trauma of such senseless violence. Brooklyn recently experienced its safest summer from gun violence on record, and we remain committed to building on that progress. My office will continue to hold violent offenders fully accountable as we work to ensure every neighborhood remains a safe place to live, learn, and grow.”

The District Attorney identified the defendant as Javan Johnson, 22, of Flatbush, Brooklyn. The defendant was sentenced today by Brooklyn Supreme Court Justice Joanne Quinones to nine years in prison and five years’ post-release supervision. The defendant pleaded guilty to first-degree attempted assault on September 5, 2024.

The District Attorney said that, according to the evidence, on October 6, 2023, at approximately 12 p.m., at East 16th Street and Avenue M, just around the corner from Edward R. Murrow High School, in Midwood, the defendant fired a handgun at a rival across the street. At least 10 shots were fired. The defendant missed his intended target and instead struck a 16-year-old girl in the right ankle as she walked down the street. The defendant then handed the gun off to another individual before fleeing the scene. He was arrested a few hours later.

            The victim was taken to a local hospital where she was treated for substantial bleeding and a fractured foot.

           The case was prosecuted Assistant District Attorney Bianca Kushner, of the District Attorney’s Green Zone Trial Bureau, under the supervision of Assistant District Attorneys Michael Boykin and Lana Schlesinger, Deputy Bureau Chiefs, and the overall supervision of Assistant District Attorney Frank DeGaetano, Bureau Chief.

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FOR IMMEDIATE RELEASE

Friday, October 18, 2024

Brooklyn Man Sentenced to Three-and-a-Half Years in Prison
For Assaulting and Slashing Stranger with Knife

Defendant Also Assaulted Bystander Who Tried to Intervene

Brooklyn District Attorney Eric Gonzalez announced today that a Bushwick man has been sentenced to three-and-a-half years in prison for slashing a stranger on the street with a knife and attacking a bystander who tried to intervene.

District Attorney Gonzalez said, “Keeping the people of Brooklyn safe is my highest priority, and violent offenders such as this defendant will face serious consequences. Today’s sentence holds him accountable for a random and vicious assault.”

The District Attorney identified the defendant as Michael Ruiz, 46, of Bushwick, Brooklyn. The defendant was sentenced today by Brooklyn Supreme Court Justice Laura Johnson to three-and-a-half years in prison and three years’ post-release supervision. (The DA’s Office recommended a five-year sentence.) The defendant was convicted of second-degree assault and third-degree attempted assault on August 19, following a jury trial.

The District Attorney said that, according to the evidence, on June 28, 2022, at approximately 2:15 a.m., the victim, a 39-year-old man, was talking on the phone outside his apartment on Berry Street, in Greenpoint. He was approached by the defendant, a stranger, who told him, “I own this block” and threatened to kill him. The defendant left, went to his car, and returned with a knife. He continued to threaten the victim.

When a bystander tried to intervene, according to the evidence, the defendant punched the man in the face. He then turned his attention back to the victim and kicked him to the ground. As the victim lay on the ground, the defendant repeatedly kicked his face and slashed him across the arm with a knife.

The victim was treated for a fractured orbital bone, a laceration under his eye, and a laceration across his arm requiring approximately 15 stitches.

The attack was captured on surveillance footage.

The defendant was arrested on October 6, 2022.

The case was prosecuted by Senior Assistant District Attorney Sanam Shah, and Assistant District Attorney Alexander John Davis, both of the District Attorney’s Grey Zone Trial Bureau, under the supervision of Assistant District Attorney Courtney Hogg, Deputy Bureau Chief, and the overall supervision of Assistant District Attorney Robert Walsh, Bureau Chief.

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FOR IMMEDIATE RELEASE

Tuesday, October 15, 2024

Brooklyn Man Sentenced to Eight Years in State Prison for
Attempted Sexual Assault of Woman in Williamsburg

Defendant Broke Down Victim’s Door and Attacked Her While She Slept;
Defendant Left Wallet and Identification at Scene

Brooklyn District Attorney Eric Gonzalez announced today that an East New York man has been sentenced to eight years in prison for attempting to sexually assault a woman who was asleep in her bedroom in Williamsburg. Her screams alerted her roommate, who struggled with the defendant. He then fled – dropping his wallet and identification at the scene.

District Attorney Gonzalez said, “This defendant broke into a young woman’s home in the middle of the night and attempted to sexually assault her as she slept—an alarming violation of her safety and privacy. Thanks to the victim’s courage and her roommate’s quick response, he was apprehended before he could cause further harm. Today’s sentence ensures that the defendant is held accountable for this terrifying crime. We remain committed to seeking justice for survivors of sexual violence and making Brooklyn safer for all.”

The District Attorney identified the defendant as Akijah Hall, 29, of Ashford Street, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Heidi Cesare to eight years in prison and 15 years’ post-release supervision. The defendant pleaded guilty to second-degree burglary as a sexually motivated felony, first-degree attempted criminal sexual act, and first-degree sexual abuse on August 15, 2024, in exchange for the Court’s promised sentence of eight years.

The District Attorney said that, according to the investigation, on October 11, 2019, at approximately 4:30 a.m., the defendant forcibly broke into an apartment on Grand Street in Williamsburg, Brooklyn, by breaking the door off the hinges. He went into the bedroom of a 25-year-old woman who woke up to find him next to her bed, with his hand on her mouth and his other hand on her breast.

The victim screamed, according to the evidence, and woke up her roommate, who was sleeping in another room. The roommate struggled with the defendant, and he fled the apartment. During the struggle the defendant dropped his jacket and his wallet, which contained his New York State identification card (with his name, photo and home address) and his college student ID card, according to the evidence. He also dropped a coffee mug, which contained his DNA.

Furthermore, according to the evidence, after leaving the scene the defendant went to the 75th Precinct to make a police report claiming he lost his jacket, wallet, and identification. A few hours later, he was arrested outside of his residence.

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

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FOR IMMEDIATE RELEASE

Monday, October 7, 2024

East Flatbush Man Arraigned on Attempted Murder and Other Charges for Randomly Attacking Multiple Women During Violent Spree

Alleged Assaults Happened Minutes Apart in Flatlands

Brooklyn District Attorney Eric Gonzalez today announced that an East Flatbush man has been arraigned on an indictment in which he is charged with attempted murder, assault, and other charges after he allegedly attacked two women in Flatlands during a violent and unprovoked spree. The defendant has also been charged with third-degree assault on a separate criminal complaint for allegedly attacking a third woman earlier that day.

District Attorney Gonzalez said, “This defendant allegedly committed a series of terrifying and unprovoked attacks against multiple women, and my Office is working diligently to ensure that he is no longer a danger to our community. We have no tolerance for this kind of random violence in Brooklyn.”

The District Attorney identified the defendant as Damally Cain, 24, of East Flatbush, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Deepa Ambekar on an indictment in which he is charged with second-degree attempted murder, first-degree attempted assault, two counts of second-degree assault, second- and third-degree attempted robbery, fourth-degree attempted grand larceny, and third-degree assault. The defendant is being held on $30,000 bond or $15,000 cash bail and was ordered to return to court on December 12, 2024.

The District Attorney said that, according to the investigation, on August 18, 2024, at approximately 4:42 p.m., near the intersection of East 40th Street and Hubbard Place, in Flatlands, the defendant allegedly attacked a 66-year-old woman on the street. After approaching the victim, the defendant allegedly pulled the woman to the ground. He punched and kicked her in the face, grabbing her by the hair and slamming her head against the pavement. After a bystander intervened, the defendant allegedly fled the scene, leaving behind several of his personal belongings, including his passport and Social Security card.

Less than 10 minutes later, at 4:50 p.m., the defendant allegedly attacked a 35-year-old woman near 1707 Flatbush Avenue and attempted to steal her phone and wallet. During the assault, the defendant ripped a ponytail extension off the victim’s head and threw a drink in her face. He also punched her body and face.

The 66-year-old victim was taken to Mount Sinai and treated for bruising, lacerations, and an abrasion on her forehead. The 35-year-old victim refused medical attention at the scene.

Furthermore, the defendant has also been charged with third-degree assault on a separate criminal complaint for allegedly attacking a 52-year-old woman on August 18, 2024, at approximately 4:30 p.m., near 1608 Flatbush Avenue. According to the investigation, the defendant pulled the victim to the ground, causing injuries to her elbow, knee, and back. The incident was captured on surveillance video.

The defendant was arrested on August 22, 2024.

The case is being prosecuted by Assistant District Attorney Amanda Schaefer 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

Thursday, October 3, 2024

Brooklyn District Attorney Moves to Vacate Conviction of Man Who Pleaded Guilty to 1986 Killing so He Could Stay Out of Prison After Successful Appeal

Served Eight Years in Prison; Convicted Based on Account of Single, Unreliable Witness;

Becomes 40^th Individual Exonerated Since Brooklyn’s CRU was Created a Decade Ago

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 Keith Roberts, 67. Roberts served eight years in prison for murder before accepting a plea deal in 1995 to a lower charge so he could stay at liberty after his original conviction was reversed on appeal. The reinvestigation found that the sole eyewitness was patently incredible, the rejected alibi defense was plausible, and the police investigation was inadequate. The complete CRU report is available here. Roberts is the 40^th individual to be exonerated by Brooklyn’s CRU since the unit was created in 2014, more than the 34 exonerations that were recommended by all the other DA’s offices in the city over that timeframe, and one of the highest numbers for any DA’s office in the country. [Source: National Registry of Exonerations.]

District Attorney Gonzalez said, “This exoneration underscores the critical importance of our Conviction Review Unit and its mission to right the wrongs of the past. Mr. Roberts, like many others, found himself trapped by a system that failed to recognize his innocence, and nearly 20 years ago, he pleaded guilty just to stay out of prison. Our reinvestigation revealed the deep flaws in the original case—unreliable testimony, overlooked evidence, and a rushed investigation. Today, we are able to restore his dignity and good name and affirm his innocence. This marks the 40^th exoneration by our CRU, which has been recognized as a national model because of our deep commitment to this work. While that number represents lives changed and justice finally delivered, it also reminds us of the enormous responsibility we carry in the work we do every day.”

Roberts will appear in court today at 2:15 p.m. before Brooklyn Supreme Court Justice Matthew D’Emic at 320 Jay Street, 15^th Floor.

The District Attorney said that in the early morning hours of September 21, 1986, Pierre Sanon, 33, was fatally shot outside the Holiday Social Club in East Flatbush, Brooklyn after fighting with someone inside. According to the only identifying witness, after the killer shot the victim, he was told by two accomplices to go to the “yellow house” down the block, and that the witness saw the defendant run there. Police then came to that house – where Roberts lived – and interviewed him. He said that he was at another party that night and volunteered to come to the precinct and appear in a line-up. The witness identified him, and he was arrested. The case was closed by police just over 12 hours after the homicide.

The eyewitness testified at trial and so did several witnesses who attested to Roberts’ alibi claim. The jury convicted the defendant for second-degree murder, and he was sentenced to 18 years to life in prison. At sentencing, Roberts proclaimed his innocence and the victim’s family stated that that they believed a man named Jerome (which was the eyewitness’ first name) fought with the victim and was responsible for the murder and that Roberts was not involved.

In September 1994, considering his direct appeal, the Appellate Division opined that the alibi defense was “plausible,” and that the eyewitness testimony was “exaggerated and incongruent” – but that neither of these reasons was sufficient to reverse the conviction. However, because of a late disclosure of a statement from another witness who said the shooter left the scene in a car, the Court ordered a new trial and Roberts was released. In September 1995, on the eve of the second trial, Roberts agreed to plead guilty to first-degree manslaughter in exchange for a sentence of two and a third to seven years, meaning he could remain out of prison. (The defense asked for an Alford plea, which would have allowed him to still maintain his innocence, but the prosecutor refused.)

Roberts approached the CRU, saying he only admitted guilt to avoid a possible conviction and return to prison, an admission he has regretted ever since. “I promised my mother before she died that I would continue to fight to establish my innocence and honor her fight and sacrifice to free me and clear my name,” he wrote. The CRU accepted the case, reviewed the entire file, and interviewed all relevant and available witnesses.

The CRU concluded that Roberts was likely not involved in the crime. He became a suspect based on the witness’s account that an accomplice instructed him to run to a yellow house – a claim that makes little sense given that he was residing in that very home. The claim was also refuted by accounts from other witnesses, who saw the shooter run to a car and drive away, and the initial description of the gunman did not match Roberts. In contrast, the identifying witness’s account lacked credibility and was nonsensical at times. The CRU also established that the eyewitness, who claimed he never saw the killer or the victim before and did not enter the club, was likely the person who fought with the victim inside the club earlier that night. Plus, Roberts had no motive to kill the victim and his alibi was corroborated by multiple people.

In addition, the police investigation was inadequate. It was conducted by a police officer, not a detective, in what was her first murder investigation. It was completed in well under 24 hours based on the word of one person. In her interview with the CRU, the officer recalled that back then, once someone was identified in a line-up, he was arrested, and no further investigation was considered. “It was all about numbers, clearing cases” she said. Finally, Roberts’ guilty plea should be viewed in light of his motivation to remain at liberty after his murder conviction was reversed on appeal.

The District Attorney accordingly recommends that his conviction be vacated, and the indictment dismissed.

To date, the work of the Conviction Review Unit has resulted in 40 convictions being vacated since 2014. Currently, CRU has approximately 60 open investigations.

This case was investigated by Senior Assistant District Attorney Emily Farber of the Brooklyn District Attorney’s Conviction Review Unit, with assistance from Lori Glachman, CRU Editor-In-Chief, under the supervision of Charles Linehan, Unit Chief.

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FOR IMMEDIATE RELEASE

Wednesday, September 18, 2024

Construction Company Owner Sentenced to Jail for Death of

5-Year-Old Girl Struck by Pillars Following Wall Collapse

Defendant Built Dangerously Flawed Stone Fence in

Violation of Numerous Provisions of the NYC Building Code

Brooklyn District Attorney Eric Gonzalez, together with New York City Department of Investigation Commissioner Jocelyn E. Strauber and New York City Department of Buildings Commissioner James Oddo, today announced that the owner of a Nassau County construction company has been sentenced to six months in jail and five years’ probation following his conviction on criminally negligent homicide and other charges after a wall he built collapsed on a child, killing her.

District Attorney Gonzalez said, “This defendant’s egregious failure to follow the most basic safety provisions of the New York City Building Code caused the horrific, brutal and completely avoidable death of little Alysson, leaving her devastated mother heartbroken. Today’s sentence sends a message that there will be serious consequences for contractors whose sloppy work endangers the public. I commend the Department of Investigation, the Department of Buildings and my prosecutors for their diligent work on this case and commitment to pursuing justice.”

Commissioner Strauber said, “Failure to comply with the City’s building code can have tragic consequences.  The defendant built a granite wall without following basic safety requirements, including the use of steel reinforcements, leading to the senseless death of five-year-old Alysson Pinto-Chaumana. Now he faces a prison sentence that underscores the importance of construction safety and our commitment to aggressively pursue those who ignore rules designed to protect the public.  DOI thanks the Brooklyn District Attorney’s Office and the City Department of Buildings for their commitment to provide a measure of justice in this devastating case.”

The District Attorney identified the defendants as Nadeem Anwar, 48, of Valley Stream and his company, City Wide Construction and Renovations, Inc., also of Valley Stream. Anwar was sentenced today to six months in jail and five years’ probation. City Wide was sentenced to a fine of $5,000. The defendants were convicted by Brooklyn Supreme Court Justice Danny Chun of criminally negligent homicide, first-degree offering a false instrument for filing, and second-degree falsifying business records on May 14, 2024, following a bench trial.

The District Attorney said that, according to the investigation, on August 29, 2019, at approximately 8:30 p.m., Alysson Pinto-Chaumana, 5, was with her mother and several friends while they were visiting a friend at 444 Harman Street, a three-story building in Bushwick, Brooklyn.

The group was outside waiting near the front door on an enclosed patio next to a granite wall that fenced in the patio and had a base of heavy stone pillars topped with stone horizontal plates. Suddenly, the pillars and a horizontal plate fell inward onto Alysson, crushing her skull and causing her death.

An investigation into the collapse determined that the defendant, a licensed contractor, who was hired to renovate the façade of the property and build the wall in September 2018 committed numerous violations of the New York City Building Code. Although he was licensed as a contractor in Nassau County, he was not authorized to file for work permits with the NYC Department of Buildings and had another contractor file the application for the work on the façade, but not for building the wall.

The defendant did not acquire a DOB permit to build a stone wall at 444 Harman Street, which was required, nor did he have a licensed engineer or architect conduct a post-construction analysis of the wall’s stability as required. A row of stone pillars must have at least one pillar every 48 inches with a steel reinforcing bar anchoring that pillar to the base. All of the pillars must also be secured to the base with an engineer-grade adhesive. The horizontal plates must be secured to the pillars with engineer-grade adhesive.

A DOB engineer who responded to the collapse observed there were no steel reinforcing bars in any of the pillars. Furthermore, he determined that there was no engineer-grade adhesive securing any of the wall’s component parts. Therefore, he determined, the wall was highly unstable and held together mostly by its own weight and gravity, an egregious violation of multiple provisions of the Building Code. The engineer described the conditions as “imminently perilous to life.”

Following the tragic death of Alysson Pinto-Chaumana, and a similar incident that occurred 2021 in the Bronx where another child was killed by a falling stone balustrade railing, the Department of Buildings began conducting educational public outreach about the dangers associated with improper construction of these property fences. This outreach has included distributing flyer in neighborhoods where these types of railings and fences are common, and speaking at local community meetings about how cutting corners on construction projects can have fatal consequences.

The case was investigated by New York City Department of Buildings Director of Forensic Engineering Unit, Marco Frias, PE, and former New York City Department of Investigation Chief Investigator James McElligott, under the supervision of Senior Inspector General Gregory Cho, Deputy Commissioner/Chief of Investigations Dominic Zarrella.

The case was prosecuted by Assistant District Attorney Adam Libove, Deputy Chief of the District Attorney’s Public Integrity Bureau, and Assistant District Attorney Pamela Murray, Deputy Chief of the District Attorney’s Frauds Bureau, under the supervision of Assistant District Attorney Michel Spanakos, Deputy Chief of the District Attorney’s Investigations Division, and the overall supervision of Assistant District Attorney Patricia McNeill, Chief of the Investigations Division.

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FOR IMMEDIATE RELEASE

Thursday, September 12, 2024

Unlicensed Long Island Driver Sentenced to up to 15 Years in Prison
for Wrong Way Crash that Paralyzed Woman from Neck Down

Defendant Was Under the Influence of PCP and Marijuana When He Collided with an Uber in East Williamsburg

Brooklyn District Attorney Eric Gonzalez today announced that a Long Island man has been sentenced to up to 15 years in prison following his conviction for aggravated vehicular assault and other charges after causing a wrong way collision in East Williamsburg in 2021. The defendant, whose license had previously been revoked, was driving under the influence of PCP and marijuana when he crashed into an Uber vehicle, leaving one of its passengers a quadriplegic.

District Attorney Gonzalez said, “This defendant’s reckless decision to drive while under the influence of drugs forever altered the life of a young woman, leaving her with catastrophic injuries and a lifetime of challenges. His actions that night were a threat to everyone on the road, and his callous disregard for the law and for human life has left a family devastated. My office is deeply committed to pursuing justice for victims and ensuring that drug-impaired drivers are held accountable.”

The District Attorney identified the defendant as Virgilio Rodriguez, 51, of Rockville Center, Long Island. He was sentenced today to 7 ½ to 15 years in prison by Brooklyn Supreme Court Justice Eugene Guarino. The defendant was convicted of aggravated vehicular assault, second-degree assault, and driving while ability impaired by drugs on August 2, 2024, following a jury trial.

The District Attorney said that, according to the evidence, on November 6, 2021, at approximately 12:49 a.m., the defendant was driving a Ford F-150 truck in East Williamsburg at a high rate of speed when he ran a red light and turned onto Bushwick Place, going the wrong way on a one-way street. The defendant then t-boned a Hyundai Elantra ride-share vehicle carrying two passengers. The impact sent both vehicles onto the sidewalk and into the side of a building.

Furthermore, according to the evidence, the defendant then exited the Ford truck and began to undress in the middle of the street while shouting, “I’m alive.” The defendant briefly left the scene on foot before returning and trying to re-enter the Ford truck. He was then stopped by police who found PCP and marijuana in the vehicle’s center console. The defendant was observed to show signs of being impaired by drugs. After being taken to the 78th Police Precinct, the defendant stripped down to his underwear. He began chanting and crawling on the ground before attempting to climb the bars of his holding cell.

One of the passengers in the Uber, a 28-year-old woman, was rushed to Elmhurst Hospital in critical condition where she underwent emergency spinal surgery. On November 7, 2021, the victim was transferred to Mount Sinai Hospital, where she was placed on a ventilator due to respiratory failure. She remained on the ventilator for over a month and underwent a tracheostomy to assist her breathing. The victim remained hospitalized at Mount Sinai until March 8, 2022, and continues to receive round-the-clock medical care.

The second passenger, 27, and driver of the Uber, 39, were taken to Elmhurst Hospital and treated for minor injuries.

The District Attorney thanked Paralegals Toki Kim and Alexee Hernandez, of the Grey Zone Trial Bureau, and Digital Forensic Analyst Kelly Crawford for their assistance on the case.

The case was prosecuted by Senior Assistant District Attorney Tara Kelly and Senior Assistant District Attorney Patrick O’Donnell, of the District Attorney’s Grey Zone Trial Bureau, under the supervision of Assistant District Attorney Robert Walsh, Chief of the Grey Zone.

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