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FOR IMMEDIATE RELEASE

Tuesday, March 28, 2023

 

ATM Burglary Ring Indicted for Alleged Theft of

19 ATMs and Other Items from Stores and Bodegas

Six Men Charged for Break-ins in Brooklyn, Queens and the Bronx;

Allegedly Monitored Police Scanner to Evade Detection

              Brooklyn District Attorney Eric Gonzalez, together with New York City Police Commissioner Keechant L. Sewell, today announced that six men have been variously charged with burglary, grand larceny, conspiracy and other counts in connection with a scheme to break into stores and steal ATMs and other property. The 92-count indictment covers incidents from June 2022 until January 2023, when four of the defendants were arrested in LaGuardia Airport following a 30-minute high-speed chase. Many of the heists were captured on video surveillance.

            District Attorney Gonzalez said, “With today’s indictment, we have dismantled a brazen and persistent alleged burglary ring that targeted small businesses throughout the city. It took meticulous work to build this case and I am thankful to the investigators and prosecutors who put it together. Protecting businesses from break-ins and larceny is an important mission of my office and this case shows our commitment to spending the time and resources necessary to stop criminals from victimizing store owners.”

            Commissioner Sewell said, “These charges put an end to the multi-borough burglary-and-theft spree that potentially netted the defendants tens of thousands of dollars. This lucrative scheme undermined public safety in New York City, and today’s indictment is the next step toward holding these men accountable for their numerous crimes. I commend and thank the NYPD investigators and prosecutors of the Brooklyn District Attorney’s Office who worked closely on all aspects of this important case.”

           The District Attorney identified the defendants as follows: Alex Torres aka “Chacho,” 50, charged with 80 crimes relating to 17 incidents; Francisco Torres aka “Fusion,” 51, charged with 62 crimes, relating to 13 incidents; Jesus Cedeno aka “Capone,” 52, charged 55 crimes relating to 12 incidents; Angel Barbosa aka “Pucci,” 44, charged with 48 crimes relating to 11 incidents; Chris Moustakos aka “Chris the Greek,” 52, charged with eight crimes relating to one incident; and Luis Villanueva aka “Cholo,” 52, charged with six crimes relating to one incident. The defendants all reside in Brooklyn, except for Moustakos whose address is in Roosevelt, LI.  Charges against additional individuals who have assisted the ring are possible.

           The defendants are variously charged in a 92-count indictment with second and third–degree burglary, second-, third-, and fourth–degree grand larceny, possession of burglar’s tools, criminal mischief and other related counts. Alex Torres, Cedeno, Barbosa and Villanueva were arraigned today before Brooklyn Supreme Court Justice Danny Chun, who ordered them held on bail and to return to court on June 7, 2023. Francisco Torres and Moustakos will be arraigned on a later date.

          The District Attorney said that, according to the investigation, from June 23, 2022 to January 18, 2023, the defendants allegedly engaged in a conspiracy to steal ATMs from various stores. It is alleged that they used apartments in Clinton Hill and East New York to prepare for the burglaries. Based on the recovery of police scanners and other evidence, the ring allegedly assigned a member to monitor police scanners during the heists, so they could alert the others if police were approaching and to evade detection.

           Based on the investigation, which included review of surveillance footage, members of the ring allegedly used bolt cutters and other tools to gain access to stores and then rocked the ATM machines back and forth to dislodge them. Their roles in the alleged burglaries varied, according to video surveillance, but, generally, Alex Torres allegedly broke the bolts securing the ATMs and then helped carry them out of the stores. Francisco Torres allegedly was frequently the driver and helped to break stores’ doors. Barbosa and Cedeno allegedly generally acted as lookouts and also helped with breaking into stores. Moustakos allegedly participated in the final burglary. Villanueva allegedly participated in an early burglary.

            On October 26, 2022, Angel Barbosa was arrested for possession of a police scanner.  Days later, on November 1, 2022, he was arrested in possession of two stolen ATMs, after he attempted to flee apprehension and drove into an occupied unmarked police car, injuring two officers.

           The ring grew more cautious after that but continued the alleged heists, the investigation found. On January 18, 2023, Alex and Francisco Torres, Cedeno and Moustakos allegedly burglarized a bodega in South Richmond Hill, Queens, and were exposed by investigators. They then led the authorities on a high-speed chase from there, past Kennedy Airport and ended when their Ford van crashed into a barrier in LaGuardia Airport. The four were arrested and charged in connection with that burglary. The indictment supersedes both the November 1^st and January 18^th charges and adds numerous other crimes pertaining to most of the defendants.

          A total of 11 incidents charged in the indictment took place in Brooklyn, seven in Queens and one in the Bronx. The exact stolen amount in most of the incidents is not known. The largest known amounts are over $60,000 stolen from a wireless store and its ATM in Ridgewood, $20,000 stolen from an ATM from a Bushwick deli, and $6,000 stolen from a cash register of a Cypress Hills mini mart.

         The case was investigated by Detective Investigators assigned to the Brooklyn District Attorney’s Office and the NYPD.

         The case is being prosecuted by Senior Assistant District Attorneys Abigail Rosen and Nicole Lauterbach, of the District Attorney’s Frauds Bureau, with the assistance of Assistant District Attorney Michael Chachura, of the District Attorney’s Grey Zone Trial Bureau, under the supervision of Gregory Pavlides, Frauds Bureau Chief, and the overall supervision of Michel Spanakos, Deputy Chief of the District Attorney’s Investigations Division, and Patricia McNeill, Chief.

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

FOR IMMEDIATE RELEASE

Friday, March 24, 2023

Doctor and Office Manager at Brighton Beach Medical Clinic

Indicted for $700,000 Healthcare Fraud

Defendants Allegedly Billed Medicaid for Non-Existent Services While Selling $500,000 Worth of Prescriptions for Opioids, Narcotics and Other Controlled Substances

Brooklyn District Attorney Eric Gonzalez, together with New York City Department of Social Services Acting Commissioner Molly Wasow Park, today announced that a doctor and office manager at a Brighton Beach medical clinic have been arraigned on an indictment in which they are charged with grand larceny and healthcare fraud for allegedly defrauding Medicaid out of hundreds of thousands of dollars. In total, the defendants are alleged to have stolen more than $700,000 over a four-year period by fraudulently billing Medicaid for non-existent services and by selling prescriptions for narcotics, opioids, and other controlled substances to patients they were not treating.

District Attorney Gonzalez said, “As the opioid epidemic continues to claim the lives of thousands of New Yorkers each year, it is unconscionable that these medical professionals allegedly endangered their patients’ health, trafficked in controlled substances, and stole hundreds of thousands from Medicaid. Anyone who contributes to the growth of prescription drug abuse, imperils the health and safety of Brooklyn residents, or rips off the taxpayers will be held accountable.”

Department of Social Services Acting Commissioner Park said, “The alleged conduct of these individuals is absolutely unacceptable and a clear violation of their duties as trusted medical professionals. We thank the Brooklyn District Attorney’s Office and our own DSS Investigators for thoroughly investigating this case and demonstrating that those who exploit our vulnerable neighbors and endanger our communities will face repercussions.”

The District Attorney identified the defendants as Dr. Alexander Ivanov, 66, of Perth Amboy, New Jersey, and Svetlana Kozlovskaya, 64, of Brighton Beach, Brooklyn. They were arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which they are charged with second- and third-degree grand larceny and healthcare fraud. The defendants were released without bail and ordered to return to court on May 31, 2023.

The District Attorney said that, according to the investigation, from approximately 2017 to 2020, the defendants ran a psychiatry practice and pain management clinic at 115 Brightwater Court in Brighton Beach where they allegedly billed Medicaid and other healthcare administrators for more than $200,000 worth of psychotherapy sessions that were never administered. Additionally, it is alleged that Dr. Ivanov wrote over $500,000 worth of prescriptions for controlled substances to patients in exchange for cash. The controlled substances included suboxone, alprazolam, amphetamine, clonazepam, diazepam, methadone, morphine, oxycodone, and tramadol. According to the investigation, many of the doctor’s patients were, in fact, substance abusers who were not receiving any kind of treatment or examination at the clinic. Furthermore, it is alleged there was no bloodwork or urinalysis performed to monitor the patients’ drug intake levels. The prescriptions were subsequently filled and paid for by Medicaid and other healthcare administrators.

The case was investigated by Detective Investigators from the District Attorney’s office, the New York City Department of Social Services, and United States Department of Health and Human Services.

The case is being prosecuted by Senior Assistant District Attorney Pamela J. Murray, of the District Attorney’s Frauds Bureau, under the supervision of Assistant District Attorney Patricia McNeill, Chief of the District Attorney’s Investigations Division.

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

 

FOR IMMEDIATE RELEASE

Thursday, March 16, 2023

Brooklyn District Attorney Moves to Vacate Wrongful Conviction of

Man Who Pleaded Guilty to Manslaughter After Real Killer Confessed

Was Initially Convicted of 1990 Murder but Agreed to Plead Guilty to Get Out of Prison

After Serving 19 Years; Consistently Maintained his Friend was the Gunman

Brooklyn District Attorney Eric Gonzalez today announced that following a thorough investigation by his Conviction Review Unit (CRU), he will move to vacate the conviction of Emel McDowell, 50, who was convicted of a 1990 murder in Bedford-Stuyvesant. After maintaining his innocence while serving 19 years for murder, the defendant pleaded guilty to manslaughter in 2009 under an agreement that allowed him to be released from prison. He has consistently claimed that his friend was the killer, and he wasn’t involved, which the CRU confirmed when that individual confessed, explaining that he acted in self-defense. The full CRU report is available here.

District Attorney Gonzalez said, “Our legal system failed Emel McDowell when he was wrongfully convicted of murder in 1990 and his release years later was conditioned on an admission to a crime he did not commit. A full reinvestigation by our Conviction Review Unit confirmed that another individual fatally shot the victim, as Mr. McDowell has consistently maintained, and today we will ask to give him his good name back. As prosecutors, it is our obligation to do justice in every case, and I am committed to continuing this important work to enhance fairness and community trust.”

Mr. McDowell will appear in court today at 11 a.m. before Brooklyn Supreme Court Justice Matthew D’Emic at 320 Jay Street, 15^th Floor.

The District Attorney said that based on the testimony of two witnesses, McDowell, who was 17 at the time of the murder, was convicted of killing 19-year-old Jonathan Powell following a fight inside a party in the early hours of October 27, 1990. The police investigation lasted less than 24 hours despite conflicting accounts from several witnesses. In his statement to investigating officers, McDowell claimed that it was his friend who shot and killed the victim.

Despite indications from other witnesses that the friend may have been culpable, only McDowell stood trial. A jury convicted him of murder and weapons possession, and he was sentenced to 22 years to life in prison. McDowell subsequently drafted and filed numerous motions proclaiming his innocence and asking that his conviction be thrown out or that his sentence be reduced. In a 2007 motion to set aside the verdict, the defendant submitted a letter, sent to him from his former friend in 1991, in which the former friend alluded to the fact that he was responsible, writing in part: “I don’t think I deserve to walk the face of the earth because one of my friends is locked up, for something that he didn’t do.”

The 2007 motion also included affidavits from six witnesses, all of whom said McDowell was not the shooter, and three of whom indicated that it was the friend who shot the victim. A judge ordered a hearing and, before it commenced, prosecutors offered the defendant a plea to manslaughter and a sentence of six to 18 years, which effectively meant that he could be released from prison. When accepting the plea, after lengthy consideration, the defendant admitted in court that he possessed a handgun and was acting in concert with his friend when the friend fatally shot the victim.

McDowell’s lawyer asked CRU to reinvestigate the case, claiming that his client was pressured to plead guilty because he didn’t want to spend one more day in prison for a crime he didn’t commit. The Unit reinterviewed many of the witnesses as well as others involved in the prosecution and became all but convinced of the veracity of the former friend’s 1991 letter. CRU also confirmed that the letter was given to the defense attorney before trial, but he did not investigate it and did not alert the prosecution to its existence.

The CRU interviewed the former friend in the presence of his attorney. He said that there was an altercation inside the party between McDowell’s and his group of friends, and another group of young men, including the deceased. He went on to say that, as the group exited the location, the deceased (who earlier threatened to kill the friend and members of his group) ran at them and he then shot him in self-defense. He added that the McDowell was not armed. The friend also confirmed that he was never contacted by McDowell’s defense lawyer. The CRU found that his “demeanor and emotional state throughout the interview demonstrated that he was overwhelmed with guilt and relieved to confess.”

The CRU further found that the short police investigation was inadequate as it did not explore the distinct possibility, advanced by some of the witnesses, that the friend was the shooter. That was likely due to tunnel vision and confirmation bias that led “the police to focus on one suspect and discount evidence to the contrary,” according to the report. It also found that the defense counsel failed to follow up on evidence implicating the friend, which CRU reviewed and found persuasive.

In light of these findings, the CRU concluded that the plea agreement to manslaughter – offered by prosecutors in good faith and accepted by the defendant reluctantly – was not warranted. Accordingly, it recommended that the conviction be vacated, and the underlying indictment dismissed.

The CRU referred the case to the Homicide Bureau to determine the viability of any additional prosecution.

To date, the work of the Conviction Review Unit has resulted in the vacatur of 35 convictions since 2014. Currently, CRU has approximately 50 open investigations.

This case was investigated by Assistant District Attorney Rachel Kalman of the District Attorney’s Conviction Review Unit, with assistance from Assistant District Attorney Lori Glachman, under the supervision of Charles Linehan, Unit Chief.

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FOR IMMEDIATE RELEASE

Tuesday, March 14, 2023

Manhattan Man Indicted for Murder of Off-Duty Police Officer
During Attempted Robbery in East New York

Defendant Allegedly Lured Victim to Scene
By Advertising Car for Sale on Facebook Marketplace

 

Brooklyn District Attorney Eric Gonzalez today announced that a Manhattan man has been arraigned on an indictment in which he is charged with murder, attempted robbery and other charges for fatally shooting an off-duty police officer who went to East New York to purchase a vehicle. He has also been indicted for a second robbery under similar circumstances.

District Attorney Gonzalez said, “Police Officer Adeed Fayaz’ death is a terrible and tragic loss for his family, friends, NYPD colleagues, and the public he selflessly served. My thoughts are with all who are grieving his loss and my office will vigorously seek justice on his behalf.”

The District Attorney identified the defendant as Randy Jones, 38, of East Harlem, New York. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which he is charged with first- and second-degree murder, first-degree attempted robbery, second-degree criminal possession of a weapon, first-degree robbery and third-degree grand larceny. The defendant is being held without bail and was ordered to return to court on May 17, 2023. He faces up to life in prison without the possibility of parole if convicted of the top count.

The District Attorney said that, according to the investigation, on February 4, 2023, at approximately 7 p.m., in the vicinity of 452 Ruby Street, in East New York, Brooklyn, Officer Fayaz and his brother-in-law proceeded to meet with the seller of a Honda Pilot advertised for $24,000 on Facebook Marketplace. They left the cash in Officer Fayaz’ car.

It is alleged that the defendant, who advertised the vehicle and arranged the meeting, pulled a gun and demanded money. When told they didn’t have the money, the defendant allegedly shot Officer Fayaz in the head and fled. The brother-in-law grabbed Officer Fayaz’ gun and engaged in a gun battle with the defendant, who fled the scene.

Officer Fayaz, 26, was taken to Brookdale Hospital and was pronounced dead on February 7, 2023.

The defendant was apprehended by police in a hotel in Rockland County on February 7, 2023.

The defendant was also indicted for another incident that occurred on January 13, 2023, for allegedly luring another person to the same location after advertising a Honda Odyssey for sale on Facebook Marketplace. When the buyer arrived at the scene, the defendant allegedly pulled a gun and demanded money, robbing him of approximately $18,000.

The District Attorney thanked Homicide Paralegals Jannette Ayala and Amanda Connolly for their assistance on the case.

The case is being prosecuted by Assistant District Attorney Leila Rosini, Chief of the District Attorney’s Homicide Bureau, and Senior Assistant District Attorney Matthew Midey, also of the Homicide Bureau.

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

 

FOR IMMEDIATE RELEASE

Tuesday, March 14, 2023

 

Manhattan Man Indicted for Murder of Off-Duty Police Officer

During Attempted Robbery in East New York

Defendant Allegedly Lured Victim to Scene

By Advertising Car for Sale on Facebook Marketplace

            Brooklyn District Attorney Eric Gonzalez today announced that a Manhattan man has been arraigned on an indictment in which he is charged with murder, attempted robbery and other charges for fatally shooting an off-duty police officer who went to East New York to purchase a vehicle. He has also been indicted for a second robbery under similar circumstances.

            District Attorney Gonzalez said, “Police Officer Adeed Fayaz’ death is a terrible and tragic loss for his family, friends, NYPD colleagues, and the public he selflessly served. My thoughts are with all who are grieving his loss and my office will vigorously seek justice on his behalf.”

            The District Attorney identified the defendant as Randy Jones, 38, of East Harlem, New York. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which he is charged with first- and second-degree murder, first-degree attempted robbery, second-degree criminal possession of a weapon, first-degree robbery and third-degree grand larceny. The defendant is being held without bail and was ordered to return to court on May 17, 2023. He faces up to life in prison without the possibility of parole if convicted of the top count.

            The District Attorney said that, according to the investigation, on February 4, 2023, at approximately 7 p.m., in the vicinity of 452 Ruby Street, in East New York, Brooklyn, Officer Fayaz and his brother-in-law proceeded to meet with the seller of a Honda Pilot advertised for $24,000 on Facebook Marketplace. They left the cash in Officer Fayaz’ car.

            It is alleged that the defendant, who advertised the vehicle and arranged the meeting, pulled a gun and demanded money. When told they didn’t have the money, the defendant allegedly shot Officer Fayaz in the head and fled. The brother-in-law grabbed Officer Fayaz’ gun and engaged in a gun battle with the defendant, who fled the scene.

           Officer Fayaz, 26, was taken to Brookdale Hospital and was pronounced dead on February 7, 2023.

           The defendant was apprehended by police in a hotel in Rockland County on February 7, 2023.

           The defendant was also indicted for another incident that occurred on January 13, 2023, for allegedly luring another person to the same location after advertising a Honda Odyssey for sale on Facebook Marketplace. When the buyer arrived at the scene, the defendant allegedly pulled a gun and demanded money, robbing him of approximately $18,000.

           The District Attorney thanked Homicide Paralegals Jannette Ayala and Amanda Connolly for their assistance on the case.

           The case is being prosecuted by Assistant District Attorney Leila Rosini, Chief of the District Attorney’s Homicide Bureau, and Senior Assistant District Attorney Matthew Midey, also of the Homicide Bureau.

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

FOR IMMEDIATE RELEASE

Thursday, March 9, 2023

Driver Charged in Deadly Williamsburg Hit and Run

Allegedly Left Scene After Striking and Injuring Pedestrian

In Crosswalk Near the Brooklyn Navy Yard

Brooklyn District Attorney Eric Gonzalez today announced that a Queens man has been indicted for second-degree manslaughter, second-degree reckless endangerment, and other related charges in connection with a fatal hit and run in Williamsburg in which he allegedly struck a 59-year-old pedestrian in the crosswalk. The victim, a grandmother, suffered severe head injuries and later died.

District Attorney Gonzalez said, “Instead of stopping to call an ambulance or offer aid, this defendant heartlessly left the scene after he allegedly struck and fatally injured a beloved grandmother and cherished member of the community. After a thorough investigation, we will now seek to hold the defendant accountable for his dangerous and criminal conduct. I am committed to keeping Brooklyn’s streets safe for all people.”

The District Attorney identified the defendant as Daniel K. Buckley, 67, of Queens. He was arraigned today before Brooklyn Supreme Court Justice Matthew Sciarrino on an indictment in which he is charged with second-degree manslaughter, criminally negligent homicide, three counts of leaving the scene of an incident without reporting, second-degree reckless endangerment, reckless driving, two counts of failure to yield, improper driving on roadways laned for traffic, violating a pedestrian’s right of way in a crosswalk, and making an illegal left turn. The judge ordered the defendant to be released without bail and to return to court on May 19, 2023. He faces up to five to 15 years in prison if convicted of the top count.

The District Attorney said that, according to the investigation, on November 28, 2022, at about 5:45 p.m., the defendant was driving his 2005 GMC Envoy out of the Brooklyn Navy Yard where he was employed as a swing truck operator for the television series “The Blacklist.” Based on video surveillance obtained during the investigation, the defendant took the exit onto Kent Avenue, driving across the two-way street and into oncoming traffic. In order to avoid colliding with two vehicles travelling on Kent Avenue, the defendant allegedly made an illegal turn onto Taylor Street where he struck a pedestrian, Leah Kohn, 59, in the crosswalk.

Furthermore, according to the investigation, video surveillance shows the defendant driving off without stopping as the victim, who had the right of way, lay bleeding on the pavement.

The victim was taken to Bellevue Hospital Center where she died on December 17, 2022, due to complications from blunt force trauma to the head.

This case was investigated by New York City Police Department Detective Curt Cunningham, of the Collision Investigation Squad and Detective Investigators for the District Attorney’s office.

This case is being prosecuted by Senior Assistant District Attorney Joseph T. Tillman, and Assistant District Attorney Molly Sheehan, both of the Grey Zone Trial Bureau, under the supervision of Courtney Hogg, Deputy Bureau Chief, Grey Zone, Robert Walsh, Bureau Chief Grey Zone, and Jennifer Nocella, Deputy Bureau Chief, Street Safety Bureau.

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

 

FOR IMMEDIATE RELEASE

Thursday, March 9, 2023

Brooklyn District Attorney Moves to Vacate Wrongful Conviction of

Man Who Spent Over 18 Years in Prison Despite Botched Identification

Detectives Used Photo Array ID of Different Person as Probable Cause to Make Arrest, Later Misled Court About That; Prosecutorial and Judicial Errors Compounded Police Misconduct

Brooklyn District Attorney Eric Gonzalez today announced that following a thorough investigation by his Conviction Review Unit (CRU), he will move to vacate the conviction of Sheldon Thomas, 35, who was convicted of a 2004 murder in East Flatbush. The DA will also ask to dismiss the indictment and free Mr. Thomas, who’s been incarcerated for over 18 years. The defendant was arrested based on a witness identification of a different person with the same name – a mistake that was first concealed and then explained away during the proceedings. In fact, the reinvestigation concluded that detectives were intent on arresting the defendant and used the faulty identification procedure as pretext. The complete CRU report on the case is available here.

District Attorney Gonzalez said, “We must strive to ensure fairness and integrity in every case and have the courage to correct mistakes of the past. That is what we are doing in this case, where an extensive reinvestigation by my Conviction Review Unit revealed that it was compromised from the very start by grave errors and lack of probable cause to arrest Mr. Thomas. He was further deprived of his due process rights when the prosecution proceeded even after the erroneous identification came to light, making his conviction fundamentally unfair. I am determined to continue doing this critical work whenever we discover a questionable conviction in Brooklyn.”

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

The District Attorney said that three alleged gang members, including Thomas, were charged with killing 14-year-old Anderson Bercy and wounding another individual on December 24, 2004, in East Flatbush, Brooklyn. The evidence indicated that two guns were used and that the shooters were inside a white car. A witness initially identified two men she knew, who did not include defendant Thomas, as being in the car.

The case detective then asked to unseal the defendant’s prior arrest so he could use his picture in a photo array (that prior case involved the defendant pointing an inoperable gun at officers and resisting arrest). Before that request was completed, detectives obtained a photo of another Sheldon Thomas from a police database. They showed an array with that photo to the witness, who identified the wrong Thomas as being in the car with 90 percent certainty. Based on her identification, the detectives went to the defendant’s address – not to the address of the Sheldon Thomas whose photo the witness had identified – and arrested him. The defendant denied any involvement in the homicide, but the same witness who identified the other Thomas in the array also identified defendant Thomas in a lineup – effectively identifying two different people as the perpetrator. Thomas was then indicted along with the two others.

It wasn’t until a pretrial hearing in June 2006 that the array identification of the wrong Thomas came to light. After initially identifying the defendant as the Thomas in the photo array and testifying that he had never seen him before the arrest, Detective Robert Reedy, on cross examination, admitted that he falsely testified, and the defendant was actually not in the array. Another detective testified for the first time that the defendant got on their radar based on an anonymous tip and also conceded that, when questioned a few days after the murder, the defendant had told them that it wasn’t him in the photo array. (There is no indication the detectives memorialized this information and the partner’s claim that he had reported the array error to a prosecutor before the grand jury presentation was refuted in affirmations from prosecutors.)

Despite these revelations, the judge found that there was probable cause to arrest Thomas based on “verified information from unknown callers” and the fact that he resembled the other Thomas from the photo array. (Then-retired Det. Reedy was later disciplined following an investigation by the Internal Affairs Bureau.)

Before the trial started, the DA’s Office dismissed the charges against one of the three suspects, who the same witness failed to identify in a double-blind lineup and because prosecutors thought he had a credible alibi. Thomas stood trial with a codefendant, who allegedly threatened the victims two days before the shooting. The jury acquitted that codefendant. Thomas was convicted of second-degree murder, attempted murder and related counts, and was sentenced to 25 years to life in prison.

The CRU conducted a full reinvestigation and reinterviewed many of the witnesses involved in the case. It concluded that the defendant was denied due process at every stage, making his conviction fundamentally unfair. The reinvestigation found that detectives, particularly Reedy, repeatedly harassed the defendant after his gun arrest. That substantiated conduct contradicts the detective’s testimony that he had never seen the defendant before and can explain why he arrested him for the murder despite the lack of evidence.

The CRU concluded that the witness’ identifications of Thomas were prompted by the detectives. It also concluded that – despite assertions by police, prosecutors, the trial judge and an appellate panel – the Thomas in the photo array and the defendant do not look alike. Notably, in a study commissioned by the defense, 32 law students of color were shown a photo of the defendant (who is black) and then the photo array. Of them, 27 concluded the defendant was not in the photo array. Of the other five, only one thought the Thomas in the array was the defendant.

The CRU found no evidence that anonymous tips played a part in the police’s interest in the defendant as a suspect and concluded that, under the circumstance involving the erroneous photo array, there was no probable cause to make the arrest. It found the prosecutor’s tactic after the mistaken identification came to light – which was to discount the array because the witness wasn’t 100 percent sure – to be improper, since prosecutors had previously notified the defense that defendant had been identified in a photo array. The prosecutor also improperly elicited testimony that the witness saw the suspect whose case was later dismissed shooting from the car – without the jury knowing that the driver’s case was dismissed. Finally, the CRU identified serious errors by the defense counsel that were detrimental to his client and determined that judicial decisions were based on misrepresentations.

For all these reasons and others, the CRU recommended to vacate the conviction as “the errors undermined the integrity of the entire judicial process and defendant’s resulting conviction.” Because the evidence was and is defective, the case cannot be retried, and the CRU recommended to dismiss the underlying indictment.

To date, the work of the Conviction Review Unit has resulted in 34 convictions being vacated since 2014. Currently, CRU has approximately 50 open investigations.

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

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FOR IMMEDIATE RELEASE

Wednesday, March 8, 2023

Brooklyn Man Indicted for Kidnapping Woman
And Fatally Setting Her on Fire

Defendant Allegedly Accused Victim of Stealing and
Selling His Comic Books Before Killing Her

 

Brooklyn District Attorney Eric Gonzalez today announced that a 28-year-old Brooklyn man has been arraigned on an indictment in which he is charged with first- and second-degree murder, kidnapping and other charges for allegedly tying a woman to a chair and fatally lighting her on fire inside an apartment in Cypress Hills. The defendant was allegedly captured on camera buying twine, a lighter, and lighter fluid at a nearby bodega shortly before the attack.

District Attorney Gonzalez said, “The brutal and completely senseless murder of an innocent woman, allegedly perpetrated by this defendant, shocks the conscience. This kind of depraved conduct will not be tolerated in Brooklyn, and we are committed to seeking justice on behalf of the victim and her loved ones.”

The District Attorney identified the defendant as Lashawn Duffie, 28, of Cypress Hills, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which he is charged with first- and second-degree murder, first-degree kidnapping and second- and third-degree robbery. He was remanded without bail and ordered to return to court on May 3, 2023. The defendant is facing a maximum sentence of life in prison without the possibility of parole if convicted of the top count.

The District Attorney said that, according to the investigation, on November 11, 2022, at approximately 12:30 a.m., outside an apartment located at Livonia Avenue in Cypress Hills, the defendant accused his former girlfriend Surgery Ramirez, 40, of stealing and selling his comic books. According to the investigation, the defendant then went to a bodega around the corner where video surveillance shows him allegedly buying twine, lighter fluid, and a lighter with cash he allegedly stole earlier from Ramirez’s friend.

Furthermore, according to the investigation, at approximately 3:50 a.m., the defendant returned to Ramirez’s apartment and allegedly assaulted her. It is alleged the defendant tied Ramirez to a chair with twine, poured lighter fluid over her, lit a match, and left the victim to burn alive. The defendant was captured on camera after the attack allegedly throwing his shirt, a lighter, and documents bearing the victim’s name into a dumpster. Firefighters responded to the scene and found the victim’s burned body. The New York City Medical Examiner later determined she died of severe burns and homicidal violence.

The defendant was arrested on January 24, 2023.

The case is being prosecuted by Senior District Attorney Evan Hannay of the District Attorney’s Homicide Bureau, with the assistance of Senior District Attorney Matthew Midey, also of the Homicide Bureau, under the supervision of Leila Rosini, Bureau Chief.

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

 

FOR IMMEDIATE RELEASE

Thursday, March 2, 2023

Construction Company Operator and Foreperson Convicted in
Connection With Laborer’s Death in Brooklyn Wall Collapse

Ignored Workers’ Safety Concerns, Industry Protocols, and Concerns
Expressed by Adjacent Property Owners; Victim Was Buried Under Debris

Brooklyn District Attorney Eric Gonzalez, together with New York City Department of Investigation Commissioner Jocelyn E. Strauber, and New York City Department of Buildings Acting Commissioner Kazimir Vilenchik, today announced that the operator of a Sunset Park construction company has been convicted at trial of criminally negligent homicide, tax fraud and other charges, and a foreperson at the site was convicted of criminal mischief in connection with an excavation wall collapse that killed a construction worker, Luis Almonte Sanchez, who was buried under thousands of pounds of debris.

District Attorney Gonzalez said, “Today’s verdict should send a strong message that when contractors cut corners and put their workers’ safety at risk – they will face serious and criminal repercussions. The death of Luis Almonte Sanchez was a preventable tragedy that would have been avoided if the operator of the construction site followed all safety protocols or heeded warnings about unsafe conditions.”

Commissioner Strauber said, “A worker was needlessly crushed to death by tons of debris because a construction company operator responsible for the construction site chose to ignore basic safety protocols and repeated warnings about the dangers at the site. Today’s conviction, along with the convictions of other defendants in this case, delivers the strong message that failure to follow construction safety laws has serious consequences. DOI thanks the Brooklyn District Attorney’s Office, the City Buildings Department and the Occupational Safety and Health Administration for their partnership on this important investigation and successful prosecution.”

Acting Commissioner Vilenchik said, “The death of Luis Almonte was tragic and preventable. This incident is a painful reminder that cutting corners on a construction site and ignoring safety regulations can have dire consequences. Pursuing criminal charges in response to construction-related fatalities sends an important message to the entire industry – endangering the lives of workers and the public will not be tolerated. I commend the Brooklyn DA’s Office for their efforts in this important case.”

The District Attorney identified the defendants as Jiaxi “Jimmy” Liu, 49, and Wilson Garcia Jr., 48, both of Staten Island. Following a non-jury trial, Liu was convicted today by Brooklyn Supreme Court Justice Danny Chun of criminally negligent homicide, first-degree offering a false instrument for filing, fraudulent practices in violation of worker’s compensation laws, fourth-degree city criminal tax fraud, and related counts; and Garcia was convicted of fourth-degree criminal mischief. Liu is facing a maximum sentence of eight to 16 years in prison and Garcia is facing up to one year in jail when they are sentenced on April 26, 2023. Two codefendants previously entered guilty pleas: Jia Rong “Tommy” Liu, 52, of Brooklyn, to petit larceny, and Cindy Chai, 45, of Staten Island, to tax fraud.

The District Attorney said that, according to the evidence, between April and September 2018, construction workers employed by WSC Group Inc., owned by Liu, performed demolition, excavation and foundation work at a construction site at 714 39th Street in Sunset Park. The construction involved removing a one-story industrial building and replacing it with a four-story manufacturing and community facility, including a new cellar level that would serve as an underground garage approximately nine feet below the first-floor level.

Despite warnings of dangerous conditions at the site from workers and adjacent property owners, Liu refused to stop work at the site. On September 12, 2018, at approximately 2 p.m., a portion of a support of excavation system (SOE) and an existing masonry wall – adjacent to residential apartment buildings – collapsed, trapping one of the construction workers who was performing foundation work in the immediate vicinity. That worker, Luis Almonte Sanchez, 47, an employee of WSC Group, was struck by one of the underpinning pin sections, which weighed well more than 15,000 pounds and was buried under the collapsing debris. First responders couldn’t recover Sanchez’s body until the following day due to unstable conditions at the site, which were worsened by significant rain.

The District Attorney said that the evidence showed that Liu ran WSC Group, the company hired to perform the excavation work and it was his responsibility to give instructions to the foreperson and workers. Garcia served as the foreperson and “competent person,” designated to identify hazards and take immediate action to correct the hazards on site.

According to the evidence, the defendants were obligated by law to ensure that the construction site was in compliance with regulations promulgated by the DOB and Occupational Safety and Health Administration to ensure the safety of the work site, but, in fact, the site was not in compliance and, furthermore, the defendants failed to follow the design plans submitted and approved by the DOB. They solicited new plans, which were not submitted to DOB, but ultimately didn’t follow any plans, leading to hazardous conditions at the site. Among the issues: the underpinning system wasn’t installed properly; and safe bracing procedures were not followed.

Furthermore, in the days prior to September 12, 2018, Liu was informed of a number of potentially dangerous conditions, including that the rear wall was moving forward and that some support was needed in order to stop the wall’s movement. He was also notified by a resident who lived immediately adjacent to the rear wall that her patio and garage had caved in. But, despite those warnings, Liu refused to direct the workers to install additional bracing and never halted work at the site in order to assess or remedy the conditions. Nor did he notify DOB about the conditions.

Instead, he ordered workers to continue working on the underpinning at the rear of the site and in the days immediately preceding the collapse allowed a trucking company to continue to remove truckloads of dirt during a heavy rainstorm, further destabilizing the site and contributing to the fatal collapse.

In addition, WSC defrauded the New York State Insurance Fund by making false statements about who it was employing, and also committed tax fraud by failing to file taxes between 2015 and 2018.

The case was investigated by DOI, specifically the late Investigative Inspector Ross Hoffman, Chief Investigator James McElligott and Special Investigator Alejandra Gomero, under the supervision of Inspector General Gregory Cho, Deputy Commissioner/Chief of Investigations Dominick Zarrella and First Deputy Commissioner Daniel Cort, with assistance from DOI’s squad of NYPD Detectives.

DOB Executive Engineer for Engineering Services Geoff Eisele and Assistant Chief Inspector Greg Gonzalez assisted in the investigation. New York State Insurance Fund Investigator Maliaka Williams, Division of Confidential Investigations and OSHA Safety Engineer Mitchel Konca and Safety Engineer James Ng, also assisted in the investigation.

The New York City Sheriff’s Bureau of Criminal Investigation’s Tax Auditor Giselle Decamps-Guthrie and Bureau Chief Gary Wong assisted in the investigation.

The case is being prosecuted by Assistant District Attorney Francis Longobardi, Special Counsel at the Brooklyn District Attorney’s Fraud Bureau, and Senior Assistant District Attorney Yuri Zanow, of the District Attorney’s Investigations Division, under the supervision of Assistant District Attorney Gregory Pavlides, Chief of the District Attorney’s Fraud Bureau, and 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.

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FOR IMMEDIATE RELEASE

Thursday, March 2, 2023

Man Sentenced to 20 Years in Prison for Rape of Woman Near Prospect Park

Defendant Grabbed the Victim as She Walked Home,
Sexually Assaulted Her Multiple Times

Brooklyn District Attorney Eric Gonzalez today announced that a 32-year-old man has been sentenced to 20 years in prison for sexually assaulting a woman in the early morning hours of November 18, 2018, after approaching her from behind and putting her in a chokehold. The defendant was convicted on December 15, 2022 following a jury trial.

District Attorney Gonzalez said, “Keeping our streets safe from violent sexual predators is a top priority and I am committed to seeking justice for victims of sexual assault. This was a vicious, life-altering attack that profoundly affected the victim and her family. It took great courage for her to testify at trial and ensure that this defendant would be held accountable for his actions.”

The District Attorney identified the defendant as Mowngly Lucas, 32, who was living in a Queens homeless shelter at the time of his arrest. He was sentenced today to 20 years in prison and 15 years’ post-release supervision by Brooklyn Supreme Court Justice Heidi Cesare. He must also register as a sex offender upon his release from prison. The defendant was convicted of first-degree rape, third-degree burglary as a sexually motivated felony, third-degree robbery, second-degree unlawful imprisonment, and fourth-degree criminal mischief following a jury trial.

The District Attorney said that, according to the investigation, on November 18, 2018, at approximately 5 a.m., the victim, who was 59 years old at the time of the attack, was walking on Parkside Avenue at Parade Place when she was grabbed from behind by the defendant, who put her in a chokehold and told her he had a gun and a knife.

The defendant then dragged the woman to a bench across the street from Prospect Park and told the victim to pull down her pants and lie on the ground and then he raped her. Furthermore, the defendant then dragged her over to a white commercial van parked on Parkside Avenue and raped her again.

Finally, the defendant put his arm around the victim’s neck, causing her to have difficulty breathing. He then broke a window on the van and demanded that the victim get into the van. He then entered the van, sexually abused the victim and raped her a third time. He then stole money from her purse and fled.

The defendant was arrested by New York City Police Department detectives assigned to the Brooklyn Special Victims Squad on November 28, 2018, following an investigation.

The District Attorney thanked Paralegal Supervisor Melissa Palmaccio of the Special Victims Bureau and Lawrence Washington, of the DA’s Multimedia Services Unit, for their assistance on the case.

The case was prosecuted by Assistant District Attorney Linda Weinman, Counsel to the District Attorney’s Special Victims Bureau and Senior Assistant District Attorney Sapna Kishnani, also of the Special Victims Bureau, under the supervision of Assistant District Attorney Miss Gregory, Bureau Chief.

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