FOR IMMEDIATE RELEASE

Wednesday, November 9, 2022

Tesla Driver Charged with Manslaughter for Allegedly Speeding and
Missing Turn, Killing Passenger, and Injuring Three Others

Allegedly Drove at 100 mph, Flipped Car and Crashed into Building

          

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been indicted for reckless manslaughter, criminally negligent homicide, assault, and related charges for killing an 18-year-old passenger and injuring three others when he allegedly drove a Tesla at a very high rate of speed and failed to negotiate a turn.

District Attorney Gonzalez said, “This defendant’s alleged reckless driving caused the death of a young man whose entire life was ahead of him, and left others injured. My Office will continue to fully investigate cases of vehicular violence and prosecute drivers who break the law on our roadways and endanger our communities.”

The District Attorney identified the defendant as Jonathan Mikhaylov, 23, of Gravesend, Brooklyn. 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, second-degree assault, second-degree reckless endangerment, reckless driving, and speeding. Bail was set at $5,000 cash or $25,000 bond, and the defendant was ordered to return to court on January 19, 2023. He faces a maximum sentence of five to 15 years in prison if convicted of the top count.

The District Attorney said that on June 10, 2021, at approximately 11:42 p.m., the defendant was allegedly driving a Tesla northbound on National Drive in Mill Basin, Brooklyn, at an extremely high rate of speed. There were four passengers in the vehicle. The defendant failed to negotiate a ninety-degree turn onto Strickland Avenue, proceeding through a metal fence and striking two garbage dumpsters. The Tesla then became airborne for nearly forty feet and rotated mid-air, at which point the rear passenger side of the vehicle struck a retaining wall. The Tesla ultimately stopped within the driveway of 5905 Strickland Avenue, where a senior living community is located.

Jack Levy, 18, who was in the back seat, was transported to Brookdale Hospital with severe head trauma and was pronounced dead the next day. Another 18-year-old man sustained multiple fractures, a laceration to his liver, bruising to his lung, and a pneumothorax. A third passenger, 22, suffered a fractured skull and the fourth passenger, 24, had minor injuries. The defendant also sustained minor injuries.

The investigation revealed that the defendant was allegedly driving at 100 mph less than three seconds before the collision. Video surveillance from the senior living community depicts the collision and the speed at which the defendant was driving.

This case is being prosecuted by Senior Assistant District Attorney Jennifer DaRin of the District Attorney’s Red Zone Trial Bureau, under the supervision of Assistant District Attorney Andrea Orlando, Deputy Chief of Red Zone, and Assistant District Attorney Jacob Uriel, Deputy Bureau Chief of the District Attorney’s Street Safety Bureau, and the overall supervision of Assistant District Attorney Karla Watson, Red Zone Bureau Chief.

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

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FOR IMMEDIATE RELEASE

Monday, November 7, 2022

  Brooklyn Man Indicted for Murder and Dismemberment of Girlfriend

   Victim’s Remains Found Stashed in Suitcases in Her East New York Apartment

            Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been arraigned on an indictment charging him with the murder and dismemberment of his girlfriend, whose remains were found in suitcases in her East New York apartment.

District Attorney Gonzalez said, “This defendant is accused of the horrific murder and dismemberment of his former girlfriend. While we can’t erase the tragic and cruel death of D’Asia Johnson, we are fully committed to bringing this defendant to justice. I hope that this prosecution brings a measure of solace to D’Asia’s family and friends.”

The District Attorney identified the defendant as Justin Williams, 24, of Manhattan. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on one count of second-degree murder and one count of concealment of a human corpse. He was ordered held without bail and to return to court on January 25, 2023. The defendant faces up to 25 years to life in prison if convicted.

The District Attorney said that, according to the investigation, the victim, D’Asia Johnson, went home after work on August 21, 2022, entered her apartment on Linwood Avenue in East New York, and never exited the apartment again. Furthermore, according to the investigation, in the early morning hours of August 22, 2022, the defendant allegedly stabbed the victim nine times – five times to the front of her torso and four times to the back. The defendant and the victim had dated for several years.

It is alleged that the defendant dismembered the victim’s body and concealed the body parts in two suitcases. He allegedly resided in the apartment for a month and used towels and cleaning products to mask the smell.

The defendant allegedly fled the apartment following a wellness check by building personnel who became concerned because they had not seen the victim in a while. They then called police, who discovered the body.

The case was investigated by New York City Police Department Detective Ryan Glasser of the 75^th Precinct Detective Squad and Detectives Michael Narsingh and Adam McLawhorn of the NYPD’s Brooklyn North Homicide.

The District Attorney thanked Paralegals Janette Ayala, Meghan Brancato and Amanda Connolly of the Homicide Bureau for their assistance on the case.

The case is being prosecuted by Senior Assistant District Attorney Matthew Perry, of the District Attorney’s Homicide Bureau and Assistant District Attorney Ernest Chin, Deputy Bureau Chief, under the supervision of Assistant District Attorney 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

Friday, November 4, 2022

 

Brooklyn Couple Indicted for Fatal Shooting of TSA Worker

Defendants Allegedly Tailed Victim in Vehicle Before Killing Him in East Flatbush

            Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn couple has been arraigned on an indictment in which they are charged with murder in connection with the fatal shooting of a longtime Transportation Security Administration worker. The 45-year-old victim was shot twice from behind near East 35th Street and Church Avenue in East Flatbush.

            District Attorney Gonzalez said, “This was a cold-blooded killing that took the life of an innocent man. We will never tolerate such acts of violence in Brooklyn and will now work to bring these two defendants to justice.”

            The District Attorney identified the defendants as Richard Barrett, 34, and Irene Brown, 32, of East Flatbush, Brooklyn. Barrett was arraigned today before Brooklyn Supreme Court Justice Vincent Del Giudice on an indictment in which he and Brown are charged with second-degree murder and two counts of second-degree criminal possession of a weapon. Barrett is being held without bail.  Brown was arraigned on October 25, 2022 before Justice Del Giudice. She was ordered held without bail. Both defendants were ordered to return to court on January 11, 2023. They each face a maximum sentence of 25 years to life in prison if convicted of the top count.

            The District Attorney said that, according to the investigation, on May 29, 2022, at approximately 12:20 a.m., Barret allegedly approached the victim, Donovan Davy, from behind near 3423 Church Avenue. Barrett then allegedly fired several shots from a .380-caliber semi-automatic handgun, striking the victim in the back of the neck and right leg. Davy was taken to Kings County Hospital where he was pronounced dead. The victim was a longtime TSA employee who worked at John F. Kennedy Airport for nearly 20 years.

            Furthermore, according to the investigation, Barrett then allegedly fled the location in a 2010 Nissan Maxima driven by Brown. Video surveillance footage obtained by the New York City Police Department allegedly shows the Nissan Maxima drop off Barrett before the shooting and pick him up afterward. Cellular telephone data also allegedly tie both Barrett and Brown to the vehicle, which surveillance shows tailing an unsuspecting Davy as he travelled through Central Brooklyn on foot and by bus.

            Furthermore, according to the investigation, the Nissan is registered to Brown, who allegedly changed the vehicle’s license plate on June 6, 2022, about a week after the murder. Both defendants were arrested on September 1, 2022 and apprehended in the same 2010 Nissan Maxima.

            The case is being prosecuted by Senior Assistant District Attorney Robert Schwartz of the District Attorney’s Homicide Bureau, Senior Assistant District Attorney Han Zhang of the District Attorney’s Blue Zone Trial Bureau, and Assistant District Attorney Reema Moosa of the District Attorney’s Law Enforcement Assistance Unit, under the supervision of Leila Rosini, Chief of the Homicide Bureau.

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

FOR IMMEDIATE RELEASE

Wednesday, November 2, 2022

 

Red Hook Man Sentenced to 22 Years to Life in Prison

Following Conviction for Violent Assault of 60-Year-Old

Defendant Demanded Victim’s Valuables, Then Stabbed Him Repeatedly

Brooklyn District Attorney Eric Gonzalez announced today that a Red Hook man has been sentenced to 22 years to life in prison for robbing and stabbing a 60-year-old man outside a NYCHA development. The defendant was convicted in September for the violent assault, which left the victim in the hospital with multiple stab wounds and a broken leg.

District Attorney Gonzalez said, “Keeping the people of Brooklyn safe is my highest priority, and violent offenders like this defendant must face serious consequences. Today’s sentence holds the perpetrator of this senseless and brutal attack responsible and ensures he will not be able to victimize others in our communities.”

The District Attorney identified the defendant as Maurice Johnson, 38, of Red Hook, Brooklyn. The defendant, who was deemed a mandatory persistent violent felon, was sentenced today by Brooklyn Supreme Court Justice Jane Tully to 22 years to life in prison. The defendant was convicted of first-degree assault and two counts of first-degree robbery on September 15, 2022, following a jury trial.

            The District Attorney said that, according to the evidence, on September 14, 2020, at approximately 10:40 p.m., the defendant approached the victim at a Citi Bike station located in front of 505 Columbia Street, part of the Red Hook Houses, and demanded his valuables. The defendant, who was wielding a knife, then punched the victim, causing him to fall and break his leg. The defendant then proceeded to rip a chain off the victim’s neck before stabbing him repeatedly in the face and torso as the victim lay helplessly on the ground. The defendant also stole items from the victim’s wallet before fleeing the scene.

The victim was taken to Brooklyn Methodist Hospital and treated for multiple stab wounds on his face, neck, and body, as well as a broken leg.

After an extensive video canvas, the defendant was arrested on September 22, 2020, at a nearby shelter. Officers from the New York City Police Department executed a search warrant at the location where they recovered clothing the defendant was wearing at the time of the robbery.

The case was investigated by New York City Police Department Detective Henry Neumann of the 76^th Precinct Detective Squad. Senior Intelligence Analyst Christian Salazar of the District Attorney’s Crime Strategies Unit and Digital Evidence Lab assisted in the case.

The case was prosecuted by Senior Assistant District Attorney Joseph Mancino, of the District Attorney’s Homicide Bureau and formerly of the District Attorney’s Blue Zone Trial Bureau, and Senior Assistant District Attorney Aleena Peerzada, 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

Tuesday, November 1, 2022

 

Brooklyn Man Indicted for Violent Home Invasion Burglary in Crown Heights

Defendant Allegedly Assaulted and Sexually Abused His 81-Year-Old Neighbor

Brooklyn District Attorney Eric Gonzalez today announced that a Crown Heights man has been arraigned on an indictment in which he is charged with sexual abuse, burglary as a sexually motivated felony, assault, strangulation, and other charges for allegedly violently attacking an 81-year-old woman in her apartment.

District Attorney Gonzalez said, “The violent and brutal assault of an elderly woman allegedly perpetrated by this defendant shocks the conscience and our prosecutors are committed to seeking justice and accountability. This kind of depraved conduct will not be tolerated, and our thoughts remain with the victim as she recovers from this horrifically traumatic crime.”

The District Attorney identified the defendant as Thomas Johnson, 50, of Crown Heights, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Jill Konviser on a 16-count indictment in which he is charged with first-, second-, and third-degree burglary as a sexually motivated felony, second-degree strangulation as a sexually motivated felony, first-degree sexual abuse, criminal obstruction of breathing or blood circulation, second-degree assault as a sexually motivated felony, and related charges. The defendant is being held without bail and was ordered to return to court on December 1, 2022.

The District Attorney said that, according to the investigation, on September 27, 2022, at approximately 3 a.m., in Crown Heights, the 81-year-old victim awoke to the sound of a noise in her apartment. She walked to the kitchen and dining area, and she allegedly saw the defendant standing in her apartment. The defendant then allegedly strangled her until she was unconscious.

When the woman came to, she began to crawl towards her bedroom. The defendant allegedly emerged and began to strangle her. She lost consciousness a second time. When she woke up, she was bleeding from the mouth and nose and called out for help. The woman’s upstairs neighbors, who are related to the defendant, came down to help and called 911.

The victim suffered substantial pain to her neck, difficulty breathing, bloodshot eyes, swelling about the face, a dislocated jaw, bleeding from the mouth and nose, and injuries to her genitals.

The case is being prosecuted by Senior Assistant District Attorney Daniel Newcombe of the District Attorney’s Special Victims Bureau, under the supervision of Assistant District Attorney Miss Gregory, Bureau Chief.

 

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

FOR IMMEDIATE RELEASE

Wednesday, October 26, 2022

 

Brooklyn District Attorney Eric Gonzalez Announces the
Creation of New Gender-Based Violence Division

Will Include Domestic Violence, Sex Crimes, Human Trafficking, Victim Services and More;
Led by Experienced Prosecutor and National Expert on Intimate Partner Violence

 

Brooklyn District Attorney Eric Gonzalez today announced the creation of the Gender- Based Violence Division, which includes the Domestic Violence and Sex Crimes Bureaus, the Human Trafficking, Crimes Against Children and Victim Services Units, Family Justice Center operations and the U-Visa practice that allows non-citizen crime victims to remain lawfully in the United States. Cases handled by the new Division share common evidentiary issues, require a trauma-informed, victim-centered response and benefit from a unified, and not siloed, management. Assistant District Attorney Michelle Kaminsky will lead the Division in a newly created executive position.

District Attorney Gonzalez said, “Improving the way we approach gender-based violence has long been a goal of my administration and creating this new Division will go a long way toward achieving that. The same trauma-informed and survivor-centered approach is necessary when handling cases of sexual abuse, intimate partner violence or trafficking, and when providing support to survivors. I am confident that under this new structure and with guidance from a nationally recognized expert and veteran prosecutor, the Brooklyn DA’s Office will be able to better assist victims and more effectively bring offenders to justice.”

The District Attorney said that he is creating the Division in response to intersectionality of issues that the various Bureaus and Units share, the common evidentiary themes in their cases, and the critical need for a unified, coordinated and consistent response to the various federal and state remedies that are available to survivors of gender-based violence. In addition, victims of domestic violence or trafficking may also be victims of sex crimes.

Creating the new Division is also a response to the critical need to elevate the issue of gender-based violence, especially due to recently enacted regressive policies towards women and their bodily autonomy on the national level and the statistical link between gun violence and domestic violence. A review of data from the last five years in Brooklyn showed that 20% of gun offenders have a domestic violence history (an undercount, given that the analysis could not include sealed cases). The Division will also handle cases that fall under the Domestic Violence Survivors Justice Act, which provides for more lenient sentences and post-conviction relief to those who committed crimes while in a domestic violence relationship that was found to be a contributing factor as to why they committed the crime.

The District Attorney said that ADA Kaminsky is exceptionally well-suited to lead this important work. After joining the DA’s Office following her graduation from Brooklyn Law School, she has served the people of Brooklyn for three decades with incredible skill, compassion, and fairness. She most recently served as Chief of the Domestic Violence Bureau – the largest bureau in the Office – supervising the prosecution of approximately 10,000 cases per year. These cases are often among the most gut-wrenching and also the most legally challenging.

ADA Kaminsky is a sought-after expert, lecturing at conferences nationwide on the legal response to domestic violence. In 2012, she published a book on her experiences handling these cases which continues to be used in college and law school classes, and she is recognized as a leading voice on legislation and policy, working with the Obama and Biden Administrations. A respected trial attorney, she has tried 39 cases, including 20 domestic violence homicides. Many of these cases involved challenging defenses, including extreme emotional disturbance, battering and its effects, alcohol induced dementia, and self-defense. Among many significant cases, she tried a man who was convicted of murdering his ex-girlfriend in Brooklyn Bridge Park in a case that relied on cell site data and evidence from Facebook.

 

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FOR IMMEDIATE RELEASE

Wednesday, October 19, 2022

 

Brooklyn Man Sentenced to 12 to 24 Years in Prison in Connection to

Seven Separate Attacks on Women in East Williamsburg

 Defendant Pleaded Guilty to Hate Crime Charges for Targeting Light-Skinned Women

 

Brooklyn District Attorney Eric Gonzalez announced today that an East Williamsburg man has been sentenced to 12 to 24 years in prison for a series of attacks on women in East Williamsburg, selecting his victims based on their gender and skin color.

District Attorney Gonzalez said, “Today’s lengthy prison sentence holds this predator accountable for his terrifying spree of violent attacks on women and sends a strong message that we will not tolerate hate crimes in Brooklyn. My office remains committed to seeking justice for all hate crime victims, and I thank these very strong women for their courage and cooperation.”

The District Attorney identified the defendant as Khari Covington, 31, who resided in an East Williamsburg transitional housing center. The defendant, who was deemed a mandatory violent persistent felony offender, was today sentenced by Brooklyn Supreme Court Justice Danny Chun to 12 to 24 years in prison. He pleaded guilty on September 7, 2022 to third-degree burglary as a hate crime, second-degree attempted strangulation as a hate crime and third-degree assault as a hate crime.

The District Attorney said that, according to the investigation, between August 5, 2020 and January 4, 2021, the defendant assaulted seven women, whom he targeted because they were women and light-skinned, according to his statements to investigators.

The incidents include the following:

• An assault on August 5, 2020 at approximately 9:45 a.m., inside 20 Morgan Avenue.
• An assault on November 17, 2020, at approximately 8 p.m., inside the Morgan Avenue train station.
• An assault on December 11, 2020 at approximately 9:15 p.m. at the Morgan Avenue train station.
• An assault on December 28, 2020, at approximately 5 p.m., inside the Morgan Avenue train station.
• An assault on January 1, 2021, at approximately 8:35 p.m., inside the Morgan Avenue train station.
• An assault on January 2, 2021, at approximately 9:50 p.m., inside the Morgan Avenue train station.
• An assault on January 4, 2021, at approximately 5:10 p.m., inside a smoke shop located at 12 Wilson Avenue.

Paralegal Michael Chung of the District Attorney’s Hate Crimes Bureau assisted in the case.

The case was prosecuted by Assistant District Attorney Adriana Rodriguez, Deputy Chief of the Blue Zone Trial Bureau (formerly of the District Attorney’s Hate Crimes Bureau) and Senior Assistant District Attorney Sharmalee Brooks-Gordon, of the Hate Crimes Bureau, under the supervision of Assistant District Attorney Kelli Muse, Chief of the Hate Crimes Bureau.

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FOR IMMEDIATE RELEASE

Thursday, October 13, 2022

 

 

Brooklyn Man Charged with Murder and Assault for Killing Woman and Injuring Four Others While Allegedly Driving Recklessly, Evading Police

Was Allegedly Speeding and Weaving into Oncoming Traffic;

Decedent’s 8-year-old Grandson Suffered Serious Brain Injuries

  

            Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been indicted for depraved indifference murder, assault, and related charges for causing the death of a woman, seriously injuring her grandson, and wounding three others when he allegedly fled a police officers’ car stop at a high rate of speed, ran red lights and crashed into a cyclist, pedestrians, another vehicle and a bodega, before fleeing the scene on foot.

           District Attorney Gonzalez said, “This defendant’s alleged recklessness behind the wheel of a stolen vehicle cost a beloved grandmother her life and injured others as he fled from a traffic stop. Everyone in Brooklyn deserves to feel safe on our streets, and we will now seek to hold this defendant accountable for his horrific alleged crimes.”

            The District Attorney identified the defendant as Tyler Green, 22, of Bedford-Stuyvesant, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Dena Douglas on a 35-count indictment in which he is charged with second-degree murder, first- and second-degree assault, second-degree manslaughter and other related counts. The defendant was ordered held without bail and to return to court on November 2, 2022. He faces a maximum sentence of 25 years to life in prison if convicted of the top count.

            The District Attorney said that, according to the investigation, on June 25, 2022, at about 7:10 p.m., the defendant was driving a stolen Honda HR-V when police officers stopped him at the corner of Ralph Avenue and Chauncey Street in Bedford-Stuyvesant after observing him run a stop sign and determining that the license plate did not match the vehicle.

            The defendant allegedly took off at a high rate of speed and drove four blocks, to the intersection of Ralph Avenue and Macon Street, where he weaved around cars that were stopped at a red light and entered the intersection against the light and against traffic. He then struck a 28-year-old cyclist who was going in the opposite direction, causing the cyclist to suffer a fracture to his leg.

            The defendant also struck Lyn Christopher, 68, who was crossing Ralph Avenue with the light, along with her 8-year-old grandson who was visiting from Atlanta. The grandmother died at the scene and the boy suffered traumatic head injuries and is still hospitalized. The defendant kept going, allegedly running another red light one block away, T-boning a vehicle and injuring its 24-year-old driver who suffered a fractured collar bone. His car then jumped the curb and crashed into a bodega, causing minor injuries to a 43-year-old bodega employee who was standing outside.

            The defendant then allegedly jumped out of the car, along with his passenger, and fled on foot. The entire incident was captured on video and additional videos showed the defendant running back to his home on Gates Avenue, about a mile away. DNA matching the defendant was recovered from the deployed airbag of the Honda.

            The case is being prosecuted by Senior Assistant District Attorney Sarah Jafari, of the District Attorney’s Homicide Bureau and formerly of the District Attorney’s Grey Zone Trial Bureau, with the assistance of Assistant District Attorney Jennifer Nocella, Deputy Chief of the District Attorney’s Street Safety Bureau, and under the supervision of Assistant District Attorney Courtney Hogg, Deputy Chief of the Grey Zone, and Assistant District Attorney Robert Walsh, Bureau Chief.

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

 

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FOR IMMEDIATE RELEASE

Thursday, October 6, 2022

 

Brooklyn Mother Indicted for Killing her Three Children

Allegedly Drowned Children in the Ocean off the Coney Island Boardwalk

 

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn woman has been indicted on first-degree murder and related charges for allegedly drowning her three children – who were 3 months old, 4-years-old, and 7-years-old – in the ocean near their home in Coney Island.

District Attorney Gonzalez said, “These innocent young children had their entire lives ahead of them when their own mother allegedly drowned and left them on a Coney Island beach. This is a shocking and unspeakable crime, and with this prosecution, we will seek justice.”

The District Attorney identified the defendant as Erin Merdy, 30, of Coney Island, Brooklyn. She was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which she is charged with three counts of first-degree murder and nine counts of second-degree murder. The defendant is facing a maximum sentence of life without the possibility of parole if convicted of the top count. She is being held without bail and was ordered to return to court on November 30, 2022.

The District Attorney said that, according to the investigation, on September 12, 2022, at approximately 12:37 a.m., the defendant allegedly took her three kids – Zachary Merdy, 7, Liliana Stephens Merdy, 4, and Oliver Bondarev, 3 months – to the beach near West 35th Street in Coney Island and drowned them in the ocean.

At approximately 1:25 a.m., she began walking from the beach, alone, towards the apartment of the father of the youngest child, located in Brighton Beach, over two miles away. The defendant called family members upset, and when she would not answer questions regarding the whereabouts of her children, relatives and the father went to look for her and called 911.

The police initiated a search and, at about 4:30 a.m., located the children, who were unresponsive and wet, on the shoreline near West 35th Street. They were pronounced dead at Coney Island Hospital. When the defendant’s family members found her in Brighton Beach wet and barefoot, she repeatedly said that the children were gone and that she was sorry, according to the investigation.

The case is being prosecuted by Assistant District Attorney Ernest Chin, Deputy Bureau Chief of the District Attorney’s Homicide Bureau, and Senior Assistant District Attorney Jhounelle Cunningham, also of the Homicide Bureau, under the supervision of Assistant District Attorney Leila Rosini, Homicide Bureau Chief.

 

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

FOR IMMEDIATE RELEASE

Tuesday, September 27, 2022

 

 

Flatbush Landlord Sentenced to Jail and Probation
in Connection with Fatal Fire that Left One Tenant Dead

Defendant Rented Out Illegally Subdivided Apartments Leading to Unsafe Conditions

 

            Brooklyn District Attorney Eric Gonzalez, New York City Department of Investigation Commissioner Jocelyn E. Strauber, New York City Fire Department Acting Commissioner Laura Kavanagh and New York City Buildings Department Commissioner Eric Ulrich, announced today that the owner of an illegally subdivided Flatbush apartment building has been sentenced to six months in jail and five years’ probation in connection with a fatal two-alarm fire in 2019 that left one tenant dead and six others injured.

 

            District Attorney Gonzalez said, “This landlord’s unconscionable negligence cost an innocent man his life and left six others injured when a horrific fire broke out in his illegal apartments. Today’s sentence holds him accountable and sends a strong message to landlords who put profit over the health and safety of their tenants that violations of our housing laws and regulations can come with serious consequences.”

 

            Commissioner Strauber said, “The City’s housing laws and regulations protect tenants’ safety, including in the event of a fire.  This defendant broke those laws, renting out four illegally-subdivided apartments and creating other hazardous conditions that led to the death of one tenant and injuries to the others when a two-alarm fire broke out in his property.  Mr. Leon’s conviction and sentence for criminally negligent homicide reflects his utter disregard for his tenant’s lives and his legal obligations.  I thank the Brooklyn District Attorney’s Office, the City Department of Buildings and Fire Department for their commitment and partnership on this investigation.”

 

            Acting Commissioner Kavanagh said, “This landlord forced his residents to live in incredibly unsafe conditions which led to a fire that claimed the life of one innocent New Yorker, and needlessly risked the lives of other occupants and dozens of Firefighters who bravely responded to fight the fire. The outstanding efforts of our Fire Marshals to determine the cause and origin of this fire were critical to the investigation. Thank you to the members of the Department of Investigation and the Department of Buildings for their close collaboration with our Marshals and thank you to District Attorney Gonzalez for his office’s work to bring justice in this case.”

 

            Commissioner Ulrich said, “The defendant carved up a building into illegal apartments without regard for fire-safety protections – causing the death of one tenant, injuring six others, and even putting his own family at risk. I commend District Attorney Gonzalez for his swift prosecution in this case. He is sending a strong message to New Yorkers that we will not tolerate landlords who act recklessly and disregard the law.”

 

            The District Attorney identified the defendant as Evener Leon, 63, of Flatbush, Brooklyn. He was sentenced today to six months in jail and five years’ probation by Brooklyn Supreme Court Justice Danny Chun. The defendant was convicted of criminally negligent homicide on May 23, 2022, following a bench trial.

 

            The District Attorney said that, according to the evidence, Leon owned 1776 Nostrand Avenue, a three-story, two-family dwelling with a commercial space on the first floor. The defendant’s family lived in the second-floor apartment and the third-floor apartment was divided into four illegal apartments occupied by a total of seven adults and four children.

 

            Furthermore, according to the evidence, the building did not have gas or heat because the defendant stopped paying his utility bills years before the fire. Instead, he provided tenants with space heaters and some of the tenants used hot plates to cook their meals.

 

            On December 2, 2019, at approximately 4:00 a.m., a two-alarm fire erupted on the second floor and spread to the third floor, according to the evidence. Most of the tenants suffered some smoke inhalation and other injuries as they crowded onto a rear fire escape to get out of the building.

 

            A tenant who lived in a small room in the front of the building, Jean Yves Lalanne, 70, was trapped in what firefighters refer to as a “dead man’s room” because once the fire engulfed the stairwell, he had no way to safely exit the property. There was no fire escape in the front of the building and at least one of the rear illegal apartments was locked, which prevented him from reaching the fire escape in the rear. Lalanne jumped from his third-floor window and fell to his death.

 

            Fire Marshals determined that it was an electrical fire that started in the vicinity of the insulation of a cord connected to a space heater in the rear bedroom on the second floor.

            Additionally, there were no sprinkler heads on the second or third floors, and there were no fire-proof or self-closing doors on the third floor, all of which were violations of provisions of the New York State Multiple Dwelling Law.

 

            The District Attorney thanked the New York City Department of Investigation, the New York City Department of Buildings and the New York City Fire Department for their assistance in this investigation.

 

            The case was prosecuted by Special Counsel to the Frauds Bureau Frank Longobardi and Senior Assistant District Attorney Rina Lee, also of the District Attorney’s Frauds Bureau, under the supervision of Assistant District Attorney Gregory Pavlides, Chief of the Frauds Bureau, and the overall supervision of Michel Spanakos, Deputy Chief of the District Attorney’s Investigations Division, and Assistant District Attorney Patricia McNeill, Chief.

 

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