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Eric Gonzalez

Acting District Attorney
Kings County

June 27, 2017

COMMUNITY PARTNER IN JUSTICE NOTIFICATION

Brooklyn District Attorney’s Office Seeking Community Partners
For Youth Development and Crime Prevention Program

Acting Brooklyn District Attorney Eric Gonzalez today announced that his Office is seeking community-based organizations to partner in an upcoming youth development and crime prevention program that will operate in several Brooklyn neighborhoods. The program will focus on sports and fitness activities to provide a safe space for youth ages 11 to 19 to engage in recreational activities and minimize criminal justice involvement.

In seeking the involvement of community-based organizations, Acting DA Gonzalez recognizes that they are uniquely qualified to best address the needs of youth in neighborhoods where young people too often engage in criminal activity for a lack of positive, productive ways to spend their time.

Acting Brooklyn District Attorney Gonzalez said, “We are excited to offer this upcoming program to give Brooklyn’s youth a new opportunity to be active and engaged in a safe space in their communities. And to help get the most out of the program, we’re now hoping to draw upon the experience and expertise of community organizations – to help plan the program and ultimately partner with us in making it a success.”

The Brooklyn District Attorney’s Office has issued a Request for Information (RFI), in advance of an upcoming Request for Proposals (RFP), to invite ideas and discussion from community-based organizations with relevant experience in youth development about options available for implementing the program in several Brooklyn neighborhoods.

The goals of the program include the following: 1) to create safe communities through innovative and impactful programming; 2) to prevent youth violence and youth victimization in high-crime neighborhoods; 3) to reduce violence and criminal justice involvement with youth; 4) to provide high quality skill-development activities; and 5) to improve relations between law enforcement and communities.

The program will join the portfolio of the Brooklyn District Attorney’s Educational Programs Unit, which offers a range of programs to increase public safety and help Brooklyn residents further develop collaborative and proactive responses to community concerns. Current programs include the Police Athletic League Chess Program for at-risk youth, held in Bedford-Stuyvesant and East New York; Friday Night Lights, the Good Shepherd Services Drill and Play basketball program, held at the Miccio Community Center in Red Hook; Project Restart, a youth diversion program serving over-age, under-credited students transitioning into high school; and two alternative to incarceration programs for first-time offenders between the ages of 13 and 22 who meet eligibility requirements.

Organizations interested in reviewing and responding to the RFI can download it at http://brooklynda.org/youth-diversion-programs/#rfi or contact Maliek K. Branch at KCDAYouthRFI@brooklynda.org. Subsequent responses to the RFI must be submitted no later than July 28, 2017.

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Eric Gonzalez

Acting District Attorney
Kings County

June 16, 2017

COMMUNITY PARTNER IN JUSTICE NOTIFICATION

Teen Indicted for Attempted Murder for Seriously Injuring
Police Officer by Intentionally Dragging Him with a Vehicle

Acting Brooklyn District Attorney Eric Gonzalez today announced that a 15-year-old Brooklyn teenager has been indicted for attempted murder and assault in connection with an incident that left a New York City Police Officer with life threatening injuries. The defendant allegedly sped away in a stolen car after the officer approached, and then weaved the vehicle to cause the officer, who was attempting to hang on, to be thrown off and suffer severe head trauma.

The Acting District Attorney said that on June 3, 2016, officers from the 67th Precinct responded to the corner of Tilden Avenue and East 53rd Street in East Flatbush to investigate a report of shots fired. Officer Dalsh Veve approached a black Honda Civic that was driven by the defendant, Justin Murrell, 15, of Brownsville, and had three other passengers, according to the investigation.

When Officer Veve attempted to stop the vehicle, the defendant fled with the officer holding onto the car. The evidence shows that the defendant drove up to 56 mph while weaving through the streets. The Officer was able to discharge his weapon, striking the defendant in the jaw, and was then flung from the vehicle. He suffered severe neurological injuries and remains in a coma.

The defendant faces a maximum sentence of 10 years in prison if convicted.

Acting District Attorney Gonzalez said, “The defendant in this case allegedly tried to escape during a lawful stop and, in doing so, seriously injured a dedicated police officer. This appalling and senseless criminal behavior will be prosecuted to the fullest extent because we simply won’t allow anyone to put our police officers in harm’s way. My thoughts and prayers are with Officer Veve and his family.”

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

Read the full press release here.

Eric Gonzalez

Acting District Attorney
Kings County

June 8, 2017

COMMUNITY PARTNER IN JUSTICE NOTIFICATION

Twelve Alleged Gang Members Variously Charged
With Conspiracy and Attempted Murder in Bushwick Turf War

Acting Brooklyn District Attorney Eric Gonzalez today announced that 12 alleged members of the Bushwick- based street gang True Bosses Only have been variously charged with conspiracy to commit murder, attempted murder, weapons possession and other charges in connection with 10 separate shootings that left seven people injured.

The Acting District Attorney said that, according to the indictment, the defendants, who now range in age from 17 to 26, are alleged to be members of True Bosses Only (“TBO”). TBO is alleged to be a violent street gang operating within the confines of the 83rd Precinct, bordering the 73rd and 81st Precincts. TBO’s purported territory extends north and south approximately between Broadway and Wyckoff Avenue, and east and west approximately between Cooper Street and Madison Street.

Between July 2015 and the present, the indictment alleges, members of TBO have been feuding with three other violent street gangs: Elm Street Piru, which operates within the 83rd Precinct just west of TBO territory, approximately between Palmetto Street and DeKalb Avenue; Loot Gang, which operates out of the New York City Housing Authority Ocean Hill Houses, to the south of TBO territory within the confines of the 73rd Precinct; and 900 Gang, which operates largely out of the NYCHA Sumner Houses within the confines of the 79th Precinct.

Furthermore, according to the indictment, in addition to the struggle for geographical control, much of TBO’s violent activity was driven by the desire to retaliate for prior shootings targeting TBO members, particularly the September 27, 2013 shooting death of TBO member Bashiek Reddick, a.k.a., Bless.

Acting District Attorney Gonzalez said, “This indictment describes a terrifying mix of deadly force and mindless obsessions with turf, leading to serious consequences for innocent bystanders. We will never stop fighting against gun violence and this kind of senseless disregard for the safety of our children and neighbors.”

The Acting District Attorney further said, “Many of these territorial disputes, in this and other cases, revolve around New York City Housing Authority developments. To that end, I have recently launched a Public Housing Crime Suppression Unit that will work to reduce crime in housing developments using data-driven intelligence focusing on the drivers of crime. The Unit will work closely with resident associations, community members, NYCHA and the NYPD to proactively suppress crime and violence, maintain safety and develop trust.”

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

Read the full press release here.

Eric Gonzalez

Acting District Attorney
Kings County

May 24, 2017

COMMUNITY PARTNER IN JUSTICE NOTIFICATION

Building Superintendent Charged with Posing as Management Agent,
Stealing Over $18,000 from Eight People Seeking Apartments

Acting Brooklyn District Attorney Eric Gonzalez today announced that a Cypress Hills man has been charged with grand larceny and scheme to defraud for posing as an employee of his building’s management company and stealing over $18,000 from eight people, fraudulently collecting deposits and fees for vacant apartments which he had no authority to rent.

The Acting District Attorney said that, according to the indictment, the defendant, Ruben Almeidas, 58, a superintendent for a building located at 233 Jamaica Avenue in Cypress Hills, Brooklyn, showed vacant apartments in that building to would-be tenants, from approximately April 1, 2016, to October 30, 2016. The defendant allegedly indicated that he worked for the management company that owned the building and that he could accept deposits for the apartments.

According to the investigation, after showing a vacant apartment, the defendant would collect a deposit and “finder’s fee” from a prospective tenant, even issuing receipts. The would-be tenants, however, found it impossible to move into the building, with the defendant offering a litany of excuses and reasons that the tenant could not yet move. While the tenants were unable to move in to the apartments they had paid for, the defendant is charged with keeping the fees he had already collected.

The defendant allegedly stole a total of $18,500 from eight prospective tenants, in amounts ranging from $1,850 to $3,600.

Acting District Attorney Gonzalez said, “The defendant’s alleged theft and deception in this case is particularly reprehensible in light of the many challenges renters already face as they look for affordable housing in this city. We will continue to work to ensure that there is no room in Brooklyn for schemes such as this.”

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

Read the full press release here.

Eric Gonzalez

Acting District Attorney
Kings County

May 17, 2017

COMMUNITY PARTNER IN JUSTICE NOTIFICATION

Woman Sentenced to up to 4½ Years in Prison for Hate Crime Theft of
$140,000 Cash and Gold Jewelry from Bensonhurst Woman

Acting Brooklyn District Attorney Eric Gonzalez today announced that a 44-year-old woman was sentenced to 1½ to 4½ years in prison, following her earlier guilty plea to grand larceny as a hate crime. The defendant admitted to stealing about $140,000 in cash and gold jewelry from the victim, a Chinese woman, during an elaborate scam, convincing her she needed to remove a curse that threatened her family.

The Acting District Attorney said that the defendant, Xuekun Su, 44, of China, acting with other unapprehended individuals, approached the victim, a 61-year-old Chinese immigrant, on April 27, 2016, in the vicinity of Bay 22nd Street and 86th Street in Bensonhurst, Brooklyn. The defendant and the other individuals engaged the victim in conversation and, after gaining her trust, claimed to be clairvoyants. They warned the victim that she or a member of her family would die because of a curse.

They convinced her that she could rid herself of the curse by gathering large sums of cash and jewelry to be blessed. The defendant and the others assured the victim that after the blessing removed the evil spirits surrounding her family, the items would be returned to her. The victim proceeded to gather approximately $140,000 in cash and various pieces of gold jewelry.

The victim then returned to the defendant and the others who, according to the investigation, instructed the victim to place the cash and jewels into a bag for the “blessing.” Manipulating the bag, the defendant and others removed the victim’s valuables and returned a closed one to the victim. They told the victim that the blessing would only work if she did not open the bag for many days. Later that evening, however, after the defendant and the others had gone, the victim opened the bag and found that her property was gone. She then contacted the police.

The defendant admitted that she had selected the victim based on her age and national origin, making her larceny conviction a hate crime under New York State law.

Acting District Attorney Gonzalez said, “After targeting vulnerable immigrant women, this defendant stole the victim’s life savings by exploiting the fears and beliefs of the culture they shared. Her deplorable conduct more than merits the prison sentence imposed today. I will aggressively prosecute those who seek to profit from our immigrant communities, and we will continue my Office’s efforts to educate everybody about common illegal schemes like this Chinese blessing scam, as we do in our monthly Immigration Forums.”

Read the full press release here.

Eric Gonzalez

Acting District Attorney
Kings County

May 10, 2017

COMMUNITY PARTNER IN JUSTICE NOTIFICATION

Construction Company Owner Indicted for Manslaughter

Acting Brooklyn District Attorney Eric Gonzalez today announced that the owner of a Bedford-Stuyvesant construction company and his businesses have been indicted on manslaughter and other charges after a wall collapsed at an excavation site, killing one construction worker and injuring two others.

The Acting District Attorney identified the defendants as Michael Weiss, 47, of Throop Avenue in Williamsburg and his companies, RSBY NY Builders Inc. and Park Ave Builders Inc., both in Bedford-Stuyvesant, Brooklyn.

The Acting District Attorney said that, according to the indictment, on September 3, 2015, employees of Weiss and his companies were working at a construction site at 656 Myrtle Avenue in Bedford-Stuyvesant, where they were replacing a one-story building with a five-story building. Weiss ordered several of his employees to excavate in the rear of the lot in an area not permitted by the approved Department of Buildings plans.

Furthermore, it is alleged, despite repeated requests from his workers in the months, and even just hours before the collapse, Weiss refused to provide any material for shoring or underpinning of the excavation and adjacent exposed walls – despite OSHA regulations requiring him to do so – and refused to listen to the safety concerns of his workers, insisting they continue working in an unsafe area. At approximately 11:30 a.m., the wall of the adjacent building collapsed, and masonry blocks and other debris fell on three of the workers, killing one man, Fernando Vanegaz, 18, and severely injuring two others.

Furthermore, according to the indictment, Weiss failed to maintain workers’ compensation insurance coverage while employing seven construction workers at the site, then applied for coverage hours after the collapse. He also allegedly committed tax fraud by failing to report $75,000 in income on his state tax returns. Based on this unreported income he owed state taxes of $4,310 and unlawfully received a refund of $3,686. He thereby stole $7,996 from the NYS Department of Taxation and Finance.

Additionally, a co-conspirator has been charged, who was the owner of a construction company that had a safety registration with the DOB, allowing his company to obtain permits from DOB to perform construction work in New York City. It is alleged that since Weiss did not have the appropriate licenses with DOB to apply for the necessary permits to perform the work, he paid the co-defendant $10,000 to sign the work permit applications and insurance certificates as general contractor.

Acting District Attorney Gonzalez said, “Fernando Vanegaz should be alive today. Construction site deaths such as his are becoming all too common as builders ignore safety protocols and hire untrained workers to maximize profits. Even worse, we allege, is that in this case the builder went ahead with this illicit excavation even after the Department of Buildings explicitly prohibited it. I vow to continue investigating and prosecuting these unscrupulous builders whose practices endanger their workers and anyone near their sites.”

Read the full press release here.

Eric Gonzalez

Acting District Attorney
Kings County

May 9, 2017

COMMUNITY PARTNER IN JUSTICE NOTIFICATION

Brooklyn Man Indicted for Deed Fraud in Connection
With Six Properties, Including Landmarked Residence in Fort Greene

Acting Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been indicted for allegedly stealing a 19th century mansion in Fort Greene, as well as attempting to steal five other properties in a brazen scheme in which he transferred title of others properties to himself.

The Acting District Attorney said that, according to the indictment, between February 2015 and December 2016, the defendant, Aderibigbe Ogundiran, 36, of 123 Albany Avenue in Crown Heights, engaged in a scheme to steal title to or the economic benefit from six residential properties in Brooklyn, targeting properties whose title holders were deceased or properties that no one seemed to be taking care of.

It is alleged that the defendant took advantage of the apparent inattention to the properties by filing fraudulent deeds or other instruments against the properties in an effort to gain control of them. In fact, he gained control or attempted to gain control of them in a variety of ways that included using aliases, corporate alter-egos, impostors, forged driver’s licenses, misuse of personal identifying information, and forged notarizations.

The indictment charges the defendant with committing crimes involving the following properties:

• 176 Washington Park in Fort Greene
• 123 Albany Avenue in Crown Heights
• 42 Albany Avenue in Bedford-Stuyvesant
• 1024 Hendrix Street in East New York
• 1424 Fulton Street in Bedford-Stuyvesant
• 49 Albany Avenue in Bedford-Stuyvesant.

The Acting District Attorney said that in at least one instance, involving 42 Albany Avenue, the defendant collected rent from a tenant after leasing out an apartment. In another instance, involving 1424 Fulton Street, he was captured on videotape filing a Power of Attorney at the City Register’s office, after the actual owner of the property received an email alert of a document filed against the property.

Acting District Attorney Gonzalez said, “Escalating real estate values in Brooklyn unfortunately make frauds like this inviting to thieves. We vow to continue to vigilantly prosecute scam artists such as this defendant, but at the same time I would urge homeowners to protect themselves by registering with the Automated City Register Information System (ACRIS) so that they are automatically informed of changes made to documents associated with their property – as happened with one of the victims in this case – which would alert them to potential theft and fraud related to their property.”

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Read the full press release here.

Eric Gonzalez

Acting District Attorney
Kings County

May 5, 2017

COMMUNITY PARTNER IN JUSTICE NOTIFICATION

Flatbush Daycare Operator Convicted for Stealing Over $50,000 from City
By Falsifying Records, Bribing a City Employee

Acting Brooklyn District Attorney Eric Gonzalez today announced that the operator of three Brooklyn daycare centers has been convicted for stealing over $50,000 from the New York City Administration for Children’s Services (ACS) by falsifying and submitting forms to receive City funds for a bogus center and for children who did not actually attend his centers.

The Acting District Attorney said that, between 2007 and 2011, the defendant, Owen Larman, 44, of Prospect-Lefferts Gardens, opened three daycare centers in Brooklyn under the name Next to Home. The centers, serving infants, toddlers and school-age children, were primarily paid through ACS vouchers given to families to cover some or all of the cost of childcare services.

In August 2011, the New York City Department of Health and Mental Hygiene (DOHMH) found that one of the defendant’s centers, located at 1159 Flatbush Avenue, was grossly overcrowded with inadequate staff to supervise the children. DOHMH issued a new permit allowing only seven children of school age to be on the premises. Prior to this date, the defendant had over 78 children at the site.

Following the issuance of the new permit, the defendant attempted over the next several months to open a new center at another location, 5566 Kings Highway. He was unable, however, to secure a lease for this location and therefore was never able to open a center there.

Despite this, the defendant went on to file 11 false forms with ACS from June 2012 to April 2013 stating that school-age children with ACS vouchers were receiving childcare services at that location. The forms were, in fact, for some children still receiving services at 1159 Flatbush Avenue in violation of DOHMH’s new registration and license for the site, as well as for some children who were not receiving services at any of the defendant’s centers.

As a result of these falsified forms, Next to Home received approximately $51,667 from ACS, which was deposited in the defendant’s account. Further, the defendant was able to accomplish the theft by bribing an ACS employee for almost three years, from May 2011 to January 2014.

Acting District Attorney Gonzalez said, “This defendant stole from the City, falsified documents and bribed a public employee – all inexcusable criminal acts under any circumstances. But in this case, the defendant not only broke the law to line his pockets – he did so while entrusted with the care and well-being of dozens of young children. I will not stand for anyone who compromises the safety of Brooklyn’s children in any way.”

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Read the full press release here.

Eric Gonzalez

Acting District Attorney
Kings County

May 4, 2017

COMMUNITY PARTNER IN JUSTICE NOTIFICATION

Thirteen Defendants Charged in Heroin Distribution Ring
Allegedly Led by Former Basketball Standout James “Fly” Williams

Acting Brooklyn District Attorney Eric Gonzalez, together with New York City Police Commissioner James P. O’Neill, today announced that 13 people have been charged in connection with the operation of a major heroin distribution ring. Former NCAA and ABA basketball player James “Fly” Williams allegedly directed the operation as it purchased narcotics from suppliers in the Bronx and re-sold them in various Brooklyn neighborhoods, including Brownsville, Bushwick, Flatbush and Fort Greene.

The Acting District Attorney said that the defendants were arrested yesterday and are being arraigned. James (“Fly”) Williams, Jeffrey Britt (“Doobie”), Hanziel Martinez Cintron (“Johnny”), and Richard Rivera (“Cristiano”) were each charged with operating as a major trafficker in violation of the state’s drug kingpin statute, which carries a maximum sentence of up to 25 years to life in prison. These defendants and others were also charged with possession and sale of controlled substances and related counts.

The Acting District Attorney said that the investigation was conducted between September 2016 and May 2017, and relied on undercover buys, physical surveillance, and court-ordered electronic intercepts. As alleged, between late January and late April, the ring circulated about 2 million glassines of heroin. A glassine typically has a street value of between $6 and $10.

Rivera allegedly supplied the narcotics to Cintron, who cut and packaged them under a single “brand,” distinguished by a logo on the glassines. Cintron allegedly sold the heroin to Britt either in the Bronx or in Brooklyn. Britt then distributed the drugs at Williams’s direction, using a network of street dealers under their control, as well as a number of redistributors operating in upstate counties and other locations in the metropolitan area. The street dealers are accused of selling the heroin to customers in several Brooklyn neighborhoods, including Brownsville, Bushwick, Flatbush, Fort Greene, and East New York. Many of the transactions took place in the vicinity of the Brownsville Recreation Center on Linden Boulevard.

Acting District Attorney Gonzalez said, “These defendants had no consideration of the harm suffered by so many from the dangerous narcotics they allegedly peddled. They just cared about making money, exploiting addicts and the heroin epidemic that is spreading throughout our communities with devastating results. This is the second takedown of a major opioids ring by the NYPD and my Office in as many months, showing our resolve to tackle this problem head on with all of our resources. I am determined to continue targeting narcotic distribution rings while introducing innovative strategies to stem the demand by providing opportunities for eligible defendants to get help with their addiction and hopefully turn their lives around.”

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

Read the full press release here.

Eric Gonzalez

Acting District Attorney
Kings County

April 24, 2017

COMMUNITY PARTNER IN JUSTICE NOTIFICATION

Acting Brooklyn District Attorney Eric Gonzalez Announces New Policy
Regarding Handling of Cases against Non-citizen Defendants

Acting Brooklyn District Attorney Eric Gonzalez today announced that his Office is implementing a new policy aimed at minimizing immigration consequences of criminal convictions, particularly for misdemeanor and other low-level offenses.

This new policy stems from the recognition that non-citizen defendants may face harsh immigration penalties as a result of criminal convictions, even for minor offenses. Further, even lawful residents (green card holders or students, workers, visitors, refugees and asylees with valid visas) can face deportation, detention during removal proceedings, bars to re-admittance into the country and negative effects on applications for permanent residency or citizenship.

The new policy aims to minimize such consequences through the following measures:

• When reviewing a case, whether at the initial stages or further along, all DA’s Office staff must be alert to a defendant’s possible non-citizen status. If such possibility exists, the Assistant District Attorney must flag that fact to defense counsel and note that immigration consequences may be an issue.
• In determining a plea offer or a sentencing recommendation after trial, every case must be evaluated on its merits so that justice is served. Among the several factors to be considered are the defendant’s present and future immigration status and any humanitarian factors, such as hardships if the defendant were deported. Whenever possible, if an appropriate disposition or sentence recommendation can be offered that neither jeopardizes public safety nor leads to removal or to any other disproportionate collateral consequences – the ADA should offer that disposition or make that recommendation.

  To reach an immigration-neutral disposition, ADAs may consider alternative offenses the defendant can plead. When possible, the alternative should be similar in level of offense and length of sentence to that offered to a citizen defendant, while the charge may be different. For example, a plea to a misdemeanor trespass may be offered when appropriate instead of a misdemeanor drug offense. In certain instances, it may be appropriate to offer a non-citizen defendant a plea for a lesser offense in light of the disproportionate immigration consequences a higher level offense may result in.

• Two attorneys with specific expertise in immigration laws as well as broad knowledge of other collateral consequences (bars to housing, education opportunities, etc.) are joining the District Attorney’s staff. They will act as a resource to the entire Office, consulting on individual cases and providing targeted training to all ADAs.
  Acting Brooklyn District Attorney Gonzalez said, “I am committed to equal and fair justice for all Brooklyn residents – citizens, lawful residents and undocumented immigrants alike. Now more than ever, we must ensure that a conviction, especially for a minor offense, does not lead to draconian consequences like deportation, which can be unfair, tear families apart and destabilize communities and businesses. In Brooklyn, we have been proactive in protecting immigrants from fraud and hate crimes and now, with the hiring of immigration attorneys and the implementation of this policy, we continue to lead on this important issue.”

“I want to emphasize that our Office is not seeking to frustrate the federal government’s function of protecting our country by removing non-citizens whose illegal acts have caused real harm and endangered others. Rather, our goal is to enhance public safety and fairness in the criminal justice system and this policy complements, but does not compromise, this goal. We will not stop prosecuting crimes, but we are determined to see that case outcomes are fair and just for everyone.”

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Read the full press release here.