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Eric Gonzalez

Acting District Attorney
Kings County

December 7, 2016

COMMUNITY PARTNER IN JUSTICE NOTIFICATION

Brooklyn Prosecutor Awarded Prestigious Thomas E. Dewey Medal
By New York City Bar Association

Acting Brooklyn District Attorney Eric Gonzalez today announced that Assistant District Attorney Joseph Alexis, Chief of the Trial Division, was awarded the Thomas E. Dewey Medal by the New York City Bar Association last night at a medal presentation in midtown Manhattan.

Acting District Attorney Gonzalez said, “I am very pleased to announce that Joseph Alexis is a recipient of the 2016 Thomas E. Dewey Medal. Joe embodies the ideals that Thomas E. Dewey himself valued so highly in a prosecutor – integrity, fearlessness, fairness and excellence.”

Assistant District Attorney Alexis, who has been with the office for more than 25 years, has prosecuted some of the most challenging cases that the Brooklyn District Attorney’s Office has handled. His trials have ranged from the successful prosecution of former Police Officer Peter Liang for the shooting death of Akai Gurley to that of Supreme Court Justice Gerald Garson for accepting bribes. In his previous position, as Chief of the Red Zone Trial Bureau, which encompasses East New York, Cypress Hills, Canarsie and other areas, he worked diligently to repair the frayed relationship between the community and law enforcement.

Alexis was promoted to Chief of the Trial Division this month. He now oversees the work of the Office’s five trial zone bureaus, as well as some of the specialized trial bureaus.

The Thomas E. Dewey Medal is an annual award that goes to outstanding assistant district attorneys in each of the District Attorney’s Offices in New York City and the Office of Special Narcotics Prosecutor for the City of New York.

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Eric Gonzalez

Acting District Attorney
Kings County

December 5, 2016

COMMUNITY PARTNER IN JUSTICE NOTIFICATION

Long Island Man Indicted for Murder of
L&B Spumoni Gardens Owner during Botched Robbery

Acting Brooklyn District Attorney Eric Gonzalez today announced that a 40-year-old man has been indicted for murder and other charges for the shooting death of the owner of L&B Spumoni Gardens Italian Restaurant, who was ambushed outside his home in Dyker Heights, Brooklyn. The victim was carrying $15,000 in cash in a plastic bag when he was killed.

The Acting District Attorney said that, according to the evidence, in the evening on June 30, 2016, the victim, Louis Barbati, 61, left his restaurant, L&B Spumoni Gardens, in Gravesend, carrying a plastic bag containing $15,000 in cash. About 20 minutes later, he arrived at his home, parked his car at the side of the house and got out holding the bag.

The defendant, Andres (“Andy”) Fernandez, 40, of Melville, Long Island, then allegedly walked across the street and shot the victim several times, killing him. The defendant ran, without taking the money, got into a car and fled.

About an hour earlier, the defendant, wearing a dark hooded sweatshirt and sunglasses, had walked to the victim’s home in Dyker Heights and waited, the evidence shows. He also had been present at L&B Restaurant earlier that day, according to the investigation. The defendant was arrested last month by federal authorities.

The Acting District Attorney thanked the Federal Bureau of Investigations and the Office of the United States Attorney for the Eastern District of New York for their assistance in the investigation.

Acting District Attorney Gonzalez said, “We allege that this defendant was lying in wait outside the victim’s home, then ambushed and shot him to death in cold blood. This was a calculated and senseless murder of a beloved business man and I intend to prosecute this crime to the fullest extent of the law.”

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

Read the full press release here.

Eric Gonzalez

Acting District Attorney
Kings County

December 1, 2016

COMMUNITY PARTNER IN JUSTICE NOTIFICATION

Defendant Sentenced to up to 15 Years in Prison for Stealing $500,000
Bedford-Stuyvesant Brownstone by Forging Judge’s Signature

Acting Brooklyn District Attorney Eric Gonzalez yesterday announced that a 54-year-old man was sentenced to 7 ½ to 15 years in state prison for stealing a brownstone in Bedford-Stuyvesant by forging a judge’s signature to claim possession of the building, which he then sold.

The Acting District Attorney said that, according trial testimony, on January 6, 2015, the defendant, Joseph McCray, 54, of Niagara Falls, NY, filed a fraudulent court order purportedly signed by Brooklyn Civil Supreme Court Justice Yvonne Lewis, which effectively granted him ownership of 119 McDonough Street. Four months later, using the forged order, the defendant sold the building for $500,000, from which he received two checks totaling almost $250,000 (the rest of the funds were used to pay for outstanding liens on the property).

The forgery and sale followed more than a decade of legal actions by the defendant to assert ownership of the building, where he was a holdover tenant, but never paid rent. He had been evicted in September 2002, but continued to reside in the building — at various points in the ensuing years presenting himself as the landlord, collecting rent and filing fraudulent papers in Civil Court.

Acting District Attorney Gonzalez said, “This significant prison sentence should serve as a warning to anyone who tries to take advantage of Brooklyn’s booming real estate market by conducting criminal schemes, like the brazen forgeries and theft in this case. Our Real Estate Fraud Unit is here to protect homeowners from scammers and I am committed to aggressively investigating and prosecuting these crimes.”

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Read the full press release here.

Eric Gonzalez

Acting District Attorney
Kings County

November 30, 2016

COMMUNITY PARTNER IN JUSTICE NOTIFICATION

Crown Heights Man Sentenced to 55 Years to Life in Prison
For Shooting at Two Victims during Gun-Point Robberies

Acting Brooklyn District Attorney Eric Gonzalez today announced that a 34-year-old Crown Heights man was sentenced to 55 years to life in prison for firing his gun during the commission of two armed robberies in his neighborhood. He fired at one fleeing victim who had given him money and seriously wounded a second victim by shooting her when she did not have any cash.

The Acting District Attorney said that, according to trial testimony, in the early morning on February 11, 2015, the defendant, Jovan Frederick, 34, of Crown Heights, approached a 37-year-old man at the corner of Maple Street and Kingston Avenue in Crown Heights, brandished a gun and demanded money. The victim dropped about $200 to the ground and ran. The defendant then fired at the fleeing victim but missed.

The evidence further showed that in the early morning on February 13, 2015, a 19-year-old woman was retrieving the mail at her residence on Maple Street in Crown Heights when the defendant brandished his gun and demanded money. The victim repeatedly told him that she does not have any money on her and the defendant then shot her multiple times at close range, striking her in the abdomen. The victim spent approximately four months in the hospital, underwent multiple medical procedures and continues to live with a tracheotomy.

Acting District Attorney Gonzalez said, “This defendant displayed a callous disregard for human life by robbing and shooting innocent victims. With today’s sentence a clearly dangerous and violent felon will spend many years behind bars where he won’t be able to hurt or terrorize innocent people.”

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Read the full press release here.

Eric Gonzalez

Acting District Attorney
Kings County

November 30, 2016

COMMUNITY PARTNER IN JUSTICE NOTIFICATION

Landlords Plead Guilty to Defrauding
Rent Regulated Tenants by Unlawfully Evicting Them from
Buildings in Bushwick, Greenpoint and Williamsburg

Acting Brooklyn District Attorney Eric Gonzalez and Governor Andrew M. Cuomo yesterday announced that two Brooklyn landlords have pleaded guilty to scheme to defraud and unlawful eviction for forcing or attempting to force rent-stabilized tenants out of their homes by destroying their apartments and making them uninhabitable in order to collect significantly higher market-rate rents.

An investigation by Governor Cuomo’s Tenant Protection Unit, the Brooklyn DA’s Office and City agencies found evidence of hazardous construction intended to harass tenants in many of the approximately ten buildings owned and managed by the defendants in Bushwick, Williamsburg, and Greenpoint.

The Acting District Attorney said that the defendants, Joel Israel, 35, and his brother, Amrom (aka Aaron) Israel, 38, both of Borough Park, Brooklyn, and their corporations, JBI Management Inc., Linden Ventures LLC, 324 Central Realty LLC, Salmor Realty 2, LLC and Salmor Realty LLC pleaded guilty yesterday to one count of first-degree scheme to defraud and various counts of unlawful eviction

The defendants entered into a plea agreement in which they will receive five years’ probation; each be required to perform 500 hours of community service; and to make restitution of approximately $248,000 to be shared among eight tenants who were harassed while they variously lived at the following locations: 98 Linden Street in Bushwick, 324 Central Avenue in Bushwick, 300 Nassau Avenue in Greenpoint, 15 Humboldt Street in Williamsburg and 386 Woodbine Street in Bushwick.

Acting District Attorney Gonzalez said, “Landlords across Brooklyn should be put on notice by today’s felony guilty pleas that illegal actions they may take to harass and intimidate tenants in rent regulated apartments will not go unpunished. Anyone trying to cash in on soaring market rents by breaking the law and abusing tenants will face serious consequences. I promise to continue to vigorously prosecute building owners who brazenly flout the law as they try to illegally evict protected tenants.”

Tenants who live in rent-regulated apartments and believe they are being harassed should contact the TPU at (718) 739-6400 or TPUinfo@nyshcr.org. For more information about the Governor’s Tenant Protection Unit go to:www.nyshcr.org/TPU.

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 Read the full press release here.

Eric Gonzalez

Acting District Attorney
Kings County

November 23, 2016

COMMUNITY PARTNER IN JUSTICE NOTIFICATION

Brownsville Father Sentenced to 4 to 12 Years
For Shaking 7-Week Old Daughter, Causing Her Death

Acting Brooklyn District Attorney Eric Gonzalez yesterday announced that Eryk Ford, 24, of Brownsville, has been sentenced to four to 12 years in prison following his manslaughter conviction for violently shaking and throwing his infant daughter, causing her death.

The Acting District Attorney said that, according to the defendant’s own admissions, on January 15, 2012 at approximately 5:50 a.m., the defendant’s 7-week-old daughter, Aniyah Ford, was crying in the living room of the defendant’s apartment when he picked up the child and violently shook her. The defendant then threw the child into her car seat, which was on the floor. The child’s body went limp and she eventually stopped breathing, according to the investigation.

Acting District Attorney Gonzalez said, “This defendant failed in his responsibility as a parent which was to protect his child from harm. He must now spend time behind bars knowing that he caused his daughter’s death and robbed her of a future. This case should once again serve as a reminder that never, under any circumstances, should a child be shaken.”

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Read the full press release here.

Eric Gonzalez

Acting District Attorney
Kings County

November 22, 2016

COMMUNITY PARTNER IN JUSTICE NOTIFICATION

Defendant Who Allegedly Targeted Older Women in Midwood
Indicted For Robbery as a Hate Crime and Other Charges

Acting Brooklyn District Attorney Eric Gonzalez today announced that a 27-year-old man has been named in a 20-count indictment in which he is charged with second-degree robbery as a hate crime and other charges for allegedly robbing three Russian women in their 60s, who were allegedly targeted because of their age.

The Acting District Attorney said that, according to the investigation, on October 12, 2016, the defendant, Akmaljon Abakulov, 27, of Midwood, allegedly pushed a 64-year-old woman against a parked van outside of an ATM on Kings Highway, rummaged through her purse and stole an envelope containing $700. Then on October 24, 2016, on East 14th Street between Avenues O and P, the defendant allegedly grabbed the purse of a 61-year-old woman, pushed her to the ground and ran off with the purse. Most recently, on November 1, 2016, the defendant allegedly stole the wallet of a 61-year-old woman while she was shopping at a T.J Maxx on East 15th Street.

A police officer recovered video from T.J. Maxx that captured the theft. The defendant was arrested the next day when the store manager called police to alert them that the defendant was in the store.

The investigation revealed that the defendant selected older women because he perceived them to be vulnerable to attack.

Acting District Attorney Gonzalez said, “This defendant allegedly targeted older women to rob because he believed they were easy marks. Cowardly attacks such as these will not be tolerated in Brooklyn. We will work vigorously to prosecute all crimes based on age, gender, race, religion, sexual orientation and ethnicity.”

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

Read the full press release here.

Eric Gonzalez

Acting District Attorney
Kings County

November 17, 2016

COMMUNITY PARTNER IN JUSTICE NOTIFICATION

Man Charged in 2004 Cold Case Murder
Of 17-Year-Old Bushwick Girl

Acting Brooklyn District Attorney Eric Gonzalez today announced that a 38-year-old man has been indicted for the murder of a teenager from Bushwick in 2004. A DNA analysis of the victim’s fingernails, requested this summer by the New York City Police Department’s Cold Case Squad and the District Attorney’s Forensic Science Unit, was a match to the defendant.

The Acting District Attorney identified the defendant as Kwauhuru Govan, 38, formerly of Gates Avenue in Bushwick, Brooklyn. He was arraigned today on one count of second-degree murder and one count of first-degree kidnapping and ordered held without bail. He faces up to 25 years to life in prison if convicted.

The Acting District Attorney said that, according to the investigation, the body of Sharabia Thomas, 17, was discovered on the afternoon of February 11, 2004 inside two laundry bags on the side of an alleyway next to 130 Palmetto Street in Bushwick. The victim suffered blunt force trauma to her head, face and torso and had visible ligature marks on her wrists and ankles. The cause of death was determined to be asphyxia by neck compression.

The investigation determined that Sharabia did not go to school that day and was last seen alive earlier that morning when her siblings left for school. DNA testing in 2004 yielded no results.

In June 2016, the NYPD’s Cold Case Squad and the District Attorney’s Forensic Science Unit requested that fingernail clippings taken from the victim at the time of the autopsy be located and tested for DNA. A DNA profile was sent to the National DNA database and it matched the defendant, whose DNA was in the database following a 2014 arrest for an armed robbery in Polk County, Florida, according to the investigation.

Acting District Attorney Gonzalez said, “Sharabia bravely fought for her life when she was attacked and the evidence that helped to find her alleged killer was discovered under her fingernails. It is my hope that solving this terrible crime will offer a small measure of comfort to Sharabia’s family, who suffered such an unspeakable loss. I am determined to continue the important work of our Forensic Science Unit to ensure that even if justice is delayed, it is not denied.”

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

Read the full press release here.

Eric Gonzalez

Acting District Attorney
Kings County

November 15, 2016

COMMUNITY PARTNER IN JUSTICE NOTIFICATION

Hit-and-Run Driver Indicted for Recklessly
Killing Cyclist in Williamsburg

Acting Brooklyn District Attorney Eric Gonzalez today announced that a 56-year-old Williamsburg man has been indicted on charges of second-degree manslaughter, criminally negligent homicide and related counts stemming from the July 2016 hit-and-run death of 35-year-old Queens cyclist and advocate Matthew von Ohlen.

The Acting District Attorney said that, according to the investigation, in the early morning on July 2, 2016, the defendant, Juan Maldonado, 56, of Williamsburg, was speeding in a black Chevy Camaro near Grand Street and Manhattan Avenue when he allegedly swerved into a bike lane on Grand Street, sped through a red light and struck von Ohlen from behind, knocking him off his bike. According to the investigation, the defendant continued driving, running over the victim and dragging him 10 to 20 feet as he sped away.

Acting District Attorney Gonzalez said, “A young man who was an active member of Brooklyn’s biking community lost his life because a speeding driver struck him in a designated bike lane and sped away. This was not an accident, but rather a reckless act for which we intend to hold this defendant accountable.”

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

Read the full press release here.

Eric Gonzalez

Acting District Attorney
Kings County

November 10, 2016

COMMUNITY PARTNER IN JUSTICE NOTIFICATION

Sheepshead Bay Man Convicted of Trying to
Kidnap 9-Year-Old Girl who was Playing in her Front Yard

Acting Brooklyn District Attorney Eric Gonzalez today announced that a 39-year-old man has been convicted of attempted kidnapping and other charges for trying to abduct a 9-year-old girl, who was playing in the front yard of her Sheepshead Bay home.

The Acting District Attorney said that, according to trial testimony, on the morning of June 11, 2015, the 9-year-old victim was playing in the front yard of her home on Ford Street in Sheepshead Bay. The defendant, Robert Drach, 39, of Sheepshead Bay, entered through the front gate and tried to drag her out. The victim struggled and screamed. Her father heard the screams, ran out and restrained the defendant until police arrived.

According to the evidence, the defendant stated that he was walking to a friend’s home when he saw a girl he liked, that she told him she was 18 and that she invited him to her house, saying her father wasn’t home. He also admitted to grabbing the victim and to exposing himself.

Acting District Attorney Gonzalez said, “It is disturbing that this defendant attempted to kidnap a little girl who was playing outside her home in broad daylight. She was lucky to be saved by her quick-thinking father and we will now see that the predator who attacked her is held accountable.”

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Read the full press release here.