Uncategorized

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Monday, October 7, 2024

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

Alleged Assaults Happened Minutes Apart in Flatlands

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

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

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

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

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

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

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

The defendant was arrested on August 22, 2024.

The case is being prosecuted by Assistant District Attorney Amanda Schaefer of the District Attorney’s Red Zone Trial Bureau, under the supervision of Assistant District Attorney Karla Watson, Bureau Chief.

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

FOR IMMEDIATE RELEASE

Thursday, October 3, 2024

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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FOR IMMEDIATE RELEASE

Wednesday, September 18, 2024

Construction Company Owner Sentenced to Jail for Death of

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

Defendant Built Dangerously Flawed Stone Fence in

Violation of Numerous Provisions of the NYC Building Code

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

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

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

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

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

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

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

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

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

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

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

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

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FOR IMMEDIATE RELEASE

Thursday, September 12, 2024

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

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

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

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

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

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

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

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

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

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

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

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FOR IMMEDIATE RELEASE

Wednesday, September 11, 2024

Three Brick Squad Gang Members Sentenced to Up to Life in Prison Following Convictions in Connection to Murder and Conspiracy Charges

Six Co-Defendants Who Pleaded Guilty to Felony Conspiracies Sentenced to Prison Time

Brooklyn District Attorney Eric Gonzalez today announced that nine members of the Brick Squad street gang who were variously charged in an indictment with conspiracy to commit murder, sell narcotics and commit other crimes have been convicted of felonies and sentenced to lengthy prison terms. Three defendants were sentenced to up to life in prison.

District Attorney Gonzalez said, “These sentences send an unequivocal message: violent gang activity and the destruction it causes will be met with serious consequences in Brooklyn. These gang members terrorized our neighborhoods, peddled narcotics, and committed heinous acts of violence, including the senseless murders of two individuals. My office, working alongside the NYPD, is committed to dismantling the small but dangerous groups responsible for most of the violence in our communities. We will continue to pursue justice for victims and ensure the safety of all Brooklyn residents by holding violent offenders fully accountable.”

The District Attorney said that high-ranking gang member Christopher Garcia, 26, of Brooklyn, was sentenced to up to a minimum of 41 2/3 years to life in prison by Brooklyn Supreme Court Justice John Hecht on September 4, 2024. He was convicted of second-degree murder, second- and fourth-degree conspiracy and second-degree criminal possession of a weapon. Co-defendants Quazeer Farmer, 25, of Brooklyn, and Jashaun Washington, 24, of Brooklyn, were sentenced today by Justice Hecht to. Farmer, who was convicted of second-degree murder and second- and fourth-degree conspiracy, was sentenced to 30 2/3 years to life in prison and Washington, who was convicted of second-degree murder and second- and fourth-degree conspiracy, was sentenced to 27 2/3 years to life in prison.

All three defendants were convicted in July 2024 following a two-jury trial before Justice Hecht. Six co-defendants named in the same indictment variously pleaded guilty to conspiracies to commit crimes and other charges (see defendant addendum). A seventh defendant died while awaiting trial.

The District Attorney said that, according to the evidence, the defendants are members of a violent street gang known as Brick Squad, a.k.a., Immortal Stone Gorilla Gang (ISGG), a subset of the larger Untouchable Gorilla Stone Nation (UGSN). UGSN is a subset of the Bloods. Brick Squad operated within the confines of the 73^rd, 75^th, 79^th, and 84^th Precincts, but also expanded its narcotics distribution to jurisdictions outside New York City including Binghamton, New York and Bangor, Maine.

Between March 2017 and December 11, 2019, Brick Squad members engaged in violence to establish geographic dominance and enforce the laws and tenets of the gang. During the course of the conspiracy the defendants sought to establish and enforce a set of rules and hierarchy within their own ranks and make money for the organization through criminal activity, primarily selling heroin, crack cocaine and marijuana. To achieve those goals, some Brick Squad members participated in violent criminal acts, including murder and shootings.

Brick Squad members committed two murders during the course of the conspiracy:

• • On December 7, 2017, at approximately 3:25 a.m., in front of 601 Bainbridge Street in Ocean Hill, Brooklyn, Jashaun Washington, acting in concert with Christopher Garcia, shot and killed a fellow Brick Squad member, John Fernandez, who they mistakenly believed was cooperating with law enforcement and who was also faulted for not making enough money for the gang. Washington ambushed the victim, whose murder was ordered by Garcia, after returning from selling drugs in Bangor, Maine. Washington and Garcia were convicted at trial of second-degree murder for the shooting death of Fernandez.
  • On April 18, 2018, at approximately 8:36 p.m., in front of 175 Hart Street, in Bedford-Stuyvesant, Brooklyn, Quazeer Farmer, acting in concert with Markel Pender, shot and killed rival Claudell Gary in the culmination of a year-long feud between a Gary family member and Brick Squad members from the same Bedford-Stuyvesant neighborhood. The victim was shot multiple times from behind at point-blank range. Pender pleaded guilty to first-degree manslaughter and Farmer was convicted at trial of second-degree murder.+

During the course of the conspiracy, incarcerated Brick Squad members, including ringleader Howard Smith, a.k.a., Hamo or The Godfather, Markel Pender, Lee Kennedy, and others communicated with non-incarcerated members in prison phone calls to keep up to date on the status of members or to encourage violent acts. Furthermore, it was part of the conspiracy for Brick Squad members to make money for the organization through criminal acts including selling narcotics. The narcotics distribution was based in Brooklyn but expanded to other jurisdictions, including Bangor, Maine and Binghamton, New York.

Proceeds of the narcotics sales were distributed among the high-ranking incarcerated members in the form of frequent deposits from some of the defendants to the incarcerated defendants prison commissary accounts, e.g., as of September 2019 Howard Smith had over $19,000 in his personal prison commissary account and Markel Pender had over $8,000.

The investigation was conducted by New York City Police Department Detectives from the Gun Violence Suppression Division, Brooklyn North Homicide Squad, as well as the 73^rd and 79^th Precinct Detective Squads. Detective Douglas Rome of the Gun Violence Suppression Division led the investigation.

The District Attorney thanked Senior Assistant District Attorney Jhounelle Cunningham of the Homicide Bureau, Assistant District Attorney Sara Kurtzberg, Chief of the Bureau of Litigation Technology, Alexandra Aber, Chief Analyst of the Digital Evidence Lab, and Paralegal Harline Aimable, of the Violent Criminal Enterprises Bureau, for their assistance on the case.

The case was prosecuted by Senior Assistant District Attorneys Nicholas Ford and Fabiola Marrufo, of the District Attorney’s Violent Criminal Enterprises Bureau, under the supervision of Assistant District Attorney Alfred De Ingeniis, Bureau Chief.

DEFENDANT ADDENDUM:

1. 1. Lee Kennedy, 35, of Brooklyn. Pleaded guilty to second-degree conspiracy and sentenced to 4½ to nine years in prison.
   2. Stephan Khadu [abated by death]
   3. Andrew Marquis, 26, of Staten Island. Pleaded guilty to second-degree conspiracy, second-degree attempted murder and second-degree criminal possession of a weapon and sentenced to six years in prison.
   4. Jerome Noble, 35, of Brooklyn. Pleaded guilty to fourth-degree conspiracy and second-degree criminal possession of a weapon and sentenced to five years in prison.
   5. Markel Pender, 31, of Brooklyn. Pleaded guilty to first-degree manslaughter and sentenced to 12 years in prison and five years’ post-release supervision.
   6. Howard Smith, 54, of Brooklyn. Pleaded guilty to fourth-degree conspiracy and sentenced to two to four years in prison.
   7. Dayshawn Speed, 33, of Brooklyn. Pleaded guilty to fourth-degree conspiracy and second-degree criminal possession of a weapon and sentenced to five years in prison.

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FOR IMMEDIATE RELEASE

Wednesday, September 11, 2024

Texas Man Indicted for Sex Trafficking of a Child, Promoting Prostitution

Defendant Allegedly Drove Two Teens to New York From Dallas, Forced Them to Engage in Prostitution in East New York; Had his Nickname Tattooed on Their Faces

Brooklyn District Attorney Eric Gonzalez today announced that a Texas man has been arraigned on an indictment in which he is charged with sex trafficking of a child, sex trafficking, assault, promoting prostitution and related charges for allegedly forcing a 17-year-old girl and an 18-year-old girl to engage in prostitution and giving him the proceeds.

District Attorney Gonzalez said, “This defendant allegedly subjected two young women to horrific abuse, treating them as his personal property by branding them with his nickname and forcing them into a life of exploitation and violence. The brutality these victims endured is appalling, and we will work diligently to ensure that he is held accountable for the inhumanity he inflicted.”

The District Attorney identified the defendant as Donald Roberson, 29, of Dallas, Texas. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on a 17-count indictment in which he is charged with sex trafficking of a child, sex trafficking, second-, third-and fourth-degree promoting prostitution, second- and third-degree assault, fourth-degree criminal possession of a weapon, third-degree criminal sexual act, sexual misconduct, and third-degree sexual abuse. He was ordered held without bail and to return to court on October 23, 2024.

The District Attorney said that, according to the investigation, the 17-year-old victim met the defendant, who she knew from Instagram, in Dallas, Texas on August 10, 2024. She and the 18-year-old victim agreed to leave with the defendant, who then drove to New York, stopping several times a long the way. On August 16, 2024, they arrived in New York and went to the Hotel Sunborn in East New York where the defendant rented a room. The two victims were then allegedly forced to walk the track in East New York and engage in prostitution, with all of the proceeds going to the defendant.

On August 20, 2024, the defendant allegedly took the 17-year-old victim to a tattoo parlor in East New York and had his nickname, “Blue Cheese,” tattooed on her face. The 18-year-old also had “Blue Cheese” tattooed on her face. It is alleged that later that day, in McCarren Park, the defendant argued with the 17-year-old victim, punched her in the face, pulled her hair and kicked her in the face causing her to suffer a seizure. He also allegedly stabbed her about the side of her body with a pair of scissors.

Furthermore, it is alleged, on August 22, 2024 the victim was treated for a viral throat infection at Kings County Hospital caused by allegedly being forced to perform sex acts. After leaving the hospital, the defendant allegedly looked for the 18-year-old in East New York and when he found her he allegedly choked her and punched her about the face until she was crying and unable to breathe.

On August 23, it is alleged, the 17-year-old and the defendant allegedly had an argument at the hotel and she went to his vehicle and locked herself inside of it. The defendant allegedly shattered a car window, raining glass down on to the victim who was left with cuts. He then allegedly took a torch lighter to her leg and burned her.

The victim then managed to text someone back in Texas for help, giving him the name and address of the hotel and the room number. Officers from the 75^th Precinct responded, found her in the parking lot and arrested the defendant.

The case was investigated by New York City Police Department Detective Denis Regimbal and Detective Mark Shackel of the joint NYPD/FBI Child Exploitation and Human Trafficking Task Force, under the supervision of Sergeant Kevin Kavanaugh, Lieutenant Amy Capogna, Lieutenant Joseph Picarello, and Captain Maripily Clase, and the overall supervision of Chief Carlos Ortiz.

The case is being prosecuted by Senior Assistant District Attorney Alexandra Iorio, of the District Attorney’s Human Trafficking Unit, under the supervision of Assistant District Attorney Mary Monahan, Deputy Unit Chief and Assistant District Attorney David Weiss, Unit Chief, and the overall supervision of Assistant District Attorney Miss Gregory, Chief of the Special Victims Bureau.

The District Attorney thanked 75^th Precinct Field Intelligence Officer Detective Roodly Demorcy and officers from the NYPD’s 75^th Precinct for their assistance in the investigation.

The case is being prosecuted by Senior Assistant District Attorney Alexandra Iorio, of the District Attorney’s Human Trafficking Unit, under the supervision of Assistant District Attorney Mary Monahan, Deputy Unit Chief and Assistant District Attorney David Weiss, Unit Chief, and the overall supervision of Assistant District Attorney Miss Gregory, Chief of the Special Victims Bureau.

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

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FOR IMMEDIATE RELEASE

Thursday, September 5, 2024

Father and Son Brooklyn Contractors Indicted for Grand Larceny for Allegedly Defrauding Over $1 Million from Paycheck Protection Program

Defendants Allegedly Lied on Loan Applications; Used Funds toward Purchasing Homes in

New Jersey and a Luxury BMW Sports Sedan

Brooklyn District Attorney Eric Gonzalez, together with U.S. Small Business Administration General Counsel Therese Meers and Special Agent-in-Charge Jonathan Mellone, Northeast Region, U.S. Department of Labor, Office of Inspector General, today announced that two Brooklyn contractors have been indicted for grand larceny for allegedly defrauding more than $1 million from the Paycheck Protection Program during the Covid-19 pandemic. As part of the alleged scheme, the defendants submitted fraudulent tax returns that grossly inflated the company’s revenues to obtain the funds and then allegedly used those funds – which were restricted to paying employees and other legitimate business expenses – toward purchasing two homes in New Jersey, as well as a luxury BMW sports sedan.

District Attorney Gonzalez said, “These defendants allegedly engaged in a shameless scheme to steal more than $1 million from the Paycheck Protection Program and line their own pockets with critical funds intended to help struggling small business owners during the Covid-19 pandemic. We will now seek to hold them accountable. I want to thank the Small Business Association for its assistance in pursuing justice in this case.”

General Counsel Meers said, “The action in this matter is the product of enhanced efforts by federal agencies such as the Small Business Administration working with the Kings County District Attorney’s Office, SBA’s Office of Inspector General, other law enforcement agencies, and Mary Cvengros, Senior Litigation Counsel from the SBA’s Office of General Counsel.”

Special Agent-in-Charge Mellone said, “An important part of the mission of the U.S. Department of Labor, Office of Inspector General is to investigate allegations of fraud involving pandemic-related unemployment insurance programs. We will continue to work with our law enforcement partners to investigate these types of allegations.”

The District Attorney identified the defendants as Nurus Safa, 65, and Maidal Safa, 34, of Voorhies, New Jersey.  They were arraigned today before Brooklyn Supreme Court Justice Dena Douglas on a 19-count indictment in which they are charged with first- and second-degree grand larceny, second-degree criminal possession of a forged instrument, and first-degree falsifying business records. They were released without bail and ordered to return to court on October 30, 2024.

The District Attorney said that, according to the investigation, Nurus Safa is the owner of Rahil Contracting Inc., a small construction company that operates out of Kensington, Brooklyn.  Maidul Safa, his son, is listed as a Project Executive for the company.

After the onset of the COVID-19 epidemic, the US Small Business Administration (SBA) implemented the Payment Protection Program (PPP).  SBA insured PPP loans that were issued by banks.  The loans were designed for small businesses to keep workers on payroll.  In order to obtain a PPP loan, the employer was required to certify that the funds would be used for payroll or other specified expenses needed to keep their work force employed during the COVID-19 crisis.

Nurus Safa applied for a PPP loan through an SBA-backed lender on behalf of Rahil, allegedly falsely certifying in his application that the funds “will be used only for business related purposes,” more specifically attesting that “the funds will be used to retain workers and maintain payroll or make mortgage interest payments, lease payments and utility payments.”  He allegedly also submitted fraudulent quarterly tax returns for Rahil, which grossly inflated its revenues and contained the forged signature of a licensed tax preparer.

Furthermore, according to the investigation, the defendants obtained two PPP loans that totaled approximately $1,084,477.50. Shortly after the funds became available, they quickly used the money for personal purchases, including luxury items. The defendants are alleged to have spent a total of $393,670 toward the purchase of two five-bedroom homes, one in Voorhies, New Jersey and the other in Pine Hill, New Jersey and spent another $71,000 as a down payment on a 2021 BMW M5 sports sedan.

Furthermore, according to the investigation, much of the balance of the PPP funds was transferred to personal accounts held by either Nurus Safa or Maidul Safa.  An analysis of financial records shows no indication that any of the PPP funds were used for regular payments to employees.

The District Attorney thanked Senior Financial Investigator Faye Johnson and Intelligence Analyst Veranika Basak, both of the Investigations Division, and KCDA Detective Investigators for their assistance

The case is being prosecuted by Senior Assistant District Attorney Sergey Marts, of the District Attorney’s Frauds Bureau, and Assistant District Attorney Andrew Kohler, Special Counsel to the Investigations Division, under the supervision of Assistant District Attorney Gregory Pavlides, Chief of the Frauds Bureau, and the overall supervision of Assistant District Attorney Michel Spanakos, Deputy Chief of Investigations, and Assistant District Attorney Patricia McNeill, Chief of Investigations.

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

FOR IMMEDIATE RELEASE

Friday, August 30, 2024

Brooklyn was Safest Ever from Gun Violence During Summer Months with Fewest Shootings and Shooting Homicides in Recorded History

There were 11% Fewer Shootings and 24% Fewer Shooting Homicides in June-August Compared to the Same Period Last Year; About 75% Drop from Summer of 2020 Peak

Brooklyn District Attorney Eric Gonzalez today announced that gun violence in Brooklyn over the summer months (June through August) reached the lowest levels ever recorded. There have been 13 shooting homicides over that span, 24% fewer than during the same period last year, and 84 shooting incidents, 11% fewer than in the summer of 2023. The number of shooting victims ticked up by three, making it the second fewest in that category, after last year’s summer.

District Attorney Gonzalez said, “The summer months are traditionally the time when gun violence spikes, which is the reason the NYPD and my office focus extra resources and efforts during that period. It is gratifying that, after a particularly safe summer in 2023, we reached even more historic lows this year. While more needs to be done, public safety in Brooklyn continues to improve and our multi-pronged approach in fighting gun crimes – which includes gang takedowns, investments in our Digital Evidence Lab, precision prosecutions, and community-based initiatives – is working.”

The District Attorney said that between June and August, there were 84 shooting incidents in Brooklyn, down 10 (11%) from the same period last year. That is the lowest figure since that statistic has been tracked and represents a precipitous drop of 74% compared to the summer of 2020, when the pandemic and civil unrest combined to create a significant spike in violence. Similarly, shooting homicides during the same span reached the lowest level ever recorded with 13, four fewer (24%) than in 2023, representing a whopping 79% decline compared to 2020. (There were 16 non shooting homicides this summer, an unusually high number on account of a tragic quadruple murder and a separate double stabbing; the total number of homicides inched up by three compared to last summer).

The number of shooting victims, at 104, slightly rose by 3 (2.9%) compared to the same time last year but was kept at historically low levels with the summer of 2023 representing the lowest number on record. The number of victims over the summer was only a quarter of the figure during the 2020 summer. Encouragingly, all three stats were better this summer than during the same period in 2018 and 2019, which ended up as the years with the fewest shootings and homicides to date.

Since the start of 2024, the seven major index crime are down 5% in Brooklyn. The DA’s Office has also been successful in the courtroom so far this year, obtaining 72 Supreme Court convictions against 10 acquittals (an 86% trial conviction rate). The Homicide Bureau obtained 18 convictions and the Violent Criminal Enterprises Bureau convicted 10 defendants. VCE, together with the NYPD, also completed two successful gang takedowns, one at the end of May and one at the end of August, charging a total of 29 individuals. In July, the office hosted a successful gun buyback event, in which 100 firearms were taken off the streets.

These ongoing efforts and many others have all contributed to the ongoing reduction in gun violence and improvements in public safety across Brooklyn.

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FOR IMMEDIATE RELEASE

Thursday, August 29, 2024

Eleven Alleged Gang Members from Two Rival Gangs Named in Conspiracy Indictment That Includes Murder, Multiple Shootings and Gun Possession

Defendants Variously Charged with Acts of Violence in and Around Crown Heights

Brooklyn District Attorney Eric Gonzalez and New York City Police Commissioner Edward A. Caban announced today that 11 alleged members of two opposing street gangs are variously charged in two indictments with conspiracy to commit murder, possess weapons and related acts of violence. The defendants are variously charged in connection with seven shooting incidents, many of which were retaliatory in nature, which left three people shot, one fatally.

District Attorney Gonzalez said, “Today’s indictments send a clear message: We will not allow our communities to be terrorized by senseless gang violence. We allege that those charged individuals have shown a blatant disregard for human life, leaving a trail of fear and devastation in their wake. My office, in partnership with the NYPD, will continue to pursue justice relentlessly, ensuring that those who endanger the lives of innocent residents are held accountable. I commend the NYPD and our prosecutors for their outstanding work.”

Commissioner Caban said, “Today’s indictments reflect the tireless efforts of the NYPD’s many dedicated investigators, who focus sharply on the real drivers of crime and disorder in New York City. We are relentless in this work because New Yorkers deserve to live and work in a city free from the threat of gun violence. I commend our detectives and thank everyone at the Brooklyn district attorney’s office for their commitment to our shared public safety mission.”

The defendants will be arraigned this afternoon before Brooklyn Supreme Court Justice Danny Chun on two indictments in which they are variously charged with second-degree murder, second- and fourth-degree conspiracy, second-degree attempted murder, first- and second-degree criminal possession of a weapon and related counts. [See defendant addendum].

The District Attorney said the indictments are the result of a long-term investigation by the District Attorney’s Violent Criminal Enterprises Bureau and the NYPD’s Brooklyn North Violent Crime Squad into violence committed by rival street gangs operating in and around Crown Heights.

The District Attorney identified the two rival gangs as “Stain Gang,” a neighborhood-based confederacy that includes members of “9Trey,” “Gorilla Stone,” and “Mac Balla,” respectively; and “Albany Gang,” whose members include Blood sets such as “AMG,” and “59 Brims.” Seven of the defendants charged are alleged members of the Stain Gang, while four defendants are alleged members of their opposition, Albany Gang. Stain Gang territory encompasses the vicinity of Sterling Place, between Rochester Avenue and Buffalo Avenue, while Albany Gang territory operates just blocks away, concentrated in and around the New York City Housing Authority Albany I & Albany II developments.

The investigation revealed that the close geographical proximity coupled with the murder of Stain member Tyquan Howard (“Ty-Sixx”) by alleged Albany Gang members on May 12, 2020 unleased a series of shootings and retaliatory violence between the members of the two groups.

It is alleged, according to the indictments, that members of the rival gangs conspired to murder opposition gang members, often taunting opposing members on social media platforms. These taunts included insulting deceased rival gang members and calling out perceived inaction to opposition violence, often instigating a violent response. The investigation also revealed that members from both gangs utilized New York City Department of Corrections phone lines to continue their criminal conduct, discussing the conspiracy even while incarcerated by updating fellow gang members at liberty on the status of gang rivalries and discussing ongoing violent acts against rival gang members.

Among the crimes charged in the indictment is the August 10, 2023 homicide of alleged Stain member Shaheim Rogers and the non-fatal shooting of alleged Stain member Olujimi Lucas, by alleged Albany Gang member Ibrahima Barry. It is alleged that Barry stole a parked SUV and drove to the Albany Houses headquarters, where he picked up fellow Albany members. In the early evening, Barry is charged with “spinning” on Sterling Place, known Stain Territory, with fellow Albany Gang members. There, the group opened fire on Lucas, who was shot multiple times, and fatally struck Rogers, whose lungs collapsed as a result.

It is alleged that Stain and Albany members committed numerous targeted shootings in an effort to shoot and kill their perceived rivals during the course of the conspiracy in furtherance of their gang objectives, including the following:

• June 29, 2021 at 8:12 p.m. at 1448 Sterling Place: It is alleged that after a confrontation two days earlier between Albany member Elijah McDonald and Stain member Olujimi Lucas, which resulted in Lucas taking possession of McDonald’s firearm and at least one shot being fired, Lucas directed fellow Stain member Jahrell Madison to shoot at McDonald’s car multiple times as it drove through Stain Gang territory. Several rounds struck McDonald’s car.
• March 14, 2022 at 8:37 p.m. at 1566 Sterling Place: It is alleged that Albany Gang member Patrick Daniels drove to Stain Gang territory, walked into the courtyard of Stain headquarters, and shot a Stain member in the abdomen after attempting to shoot another individual who was seated in the courtyard.
• March 14, 2022 at 9:21 p.m. at 245 Troy Avenue: It is alleged that less than an hour later, and after Stain gang member Micah Gerson waited with the Stain victim to be picked up by ambulance, Gerson and another Stain member went to the Albany Houses. Once there, Gerson and another appeared to be searching for someone; they then left and proceeded towards 245 Troy Avenue (Albany territory), where they allegedly fired multiple rounds down the street in apparent retaliation before fleeing, striking a deli multiple times with numerous customers inside.

The investigation was conducted by New York City Police Department Detectives Vincent Gambino and William Pugliese, under the supervision of Sergeant Steven Zanca, Lieutenant Mark Jablonski, and Captain Daniel Casella, of the Brooklyn North Violent Crime Squad.

The case is being prosecuted by Senior Assistant District Attorney Michael O’Rourke and Senior Assistant District Attorney Michael Pesin-Virovets, of the District Attorney’s Violent Criminal Enterprises Bureau, with the assistance of Intelligence Analyst Austin Wilson and Paralegals Tania Lopez and Sultana Wahab, under the supervision of Assistant District Attorney Gillian DiPietro, Deputy Bureau Chief, Assistant District Attorney Kathryn Spota, Deputy Bureau Chief, Assistant District Attorney Matthew Stewart, Deputy Bureau Chief, Assistant District Attorney Jennifer Cilia, First Deputy Bureau Chief, and Assistant District Attorney Alfred De Ingeniis, Bureau Chief.

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

DEFENDANT ADDENDUM:

            Stain Gang Indictment

1. Olujimi Lucas, 30, also known as O Skeeno
2. Jahrell Madison, 22, also known as Jah Billy
3. Micah Gerson, 22, also known as Flex
4. Derrick Jones, 19, also known as 9 Shots
5. Rashilo Drew, 20, also known as Lo Glizzy
6. Isaiah Foster, 18, also known as KG
7. Deon Regis, 23, also known as Too Nice

Albany Gang Indictment

1. Treaston McGregory, 20, also known as Trigga Trey
2. Elijah McDonald, 29, also known as Eli
3. Patrick Daniels, 30
4. Ibrahima Barry, 20, also known as EB

FOR IMMEDIATE RELEASE

Wednesday, August 28, 2024

Man Arraigned on Indictment Charging Him with Six Separate Assaults,
Mostly Against Senior Citizens, in Less Than a Month

Defendant Allegedly Approached Victims from Behind, Knocked them to the Ground

Brooklyn District Attorney Eric Gonzalez announced today that a 29-year-old man has been indicted on numerous charges of assault and other counts for allegedly attacking six individuals, mostly senior citizens, in separate attacks in Sunset Park, Bay Ridge and Coney Island.

District Attorney Gonzalez said, “The outrageousness of this defendant’s disturbing attacks on vulnerable seniors cannot be overstated, and our prosecutors will work diligently to ensure that he can no longer endanger our neighbors. This kind of random violence can terrorize a community, and it will never be tolerated in Brooklyn.”

The District Attorney identified the defendant as Mouhamed Diallo, 29. The defendant was arraigned today before Brooklyn Supreme Court Justice Herbert Moses on a 15-count indictment in which he is variously charged with second- and third-degree assault, fourth-degree grand larceny, second- and third-degree robbery, and petit larceny. His bail was continued at $100,000 cash or $300,000 bond and, after being deemed unfit to proceed, the defendant was remanded into treatment until he’s found fit.

The District Attorney said that, according to the investigation, between April 28, 2024 and May 21, 2024, the defendant allegedly assaulted five women and one man. Five of the people assaulted were senior citizens.

The incidents charged in the indictment include the following:

• An assault on April 28, 2024, at approximately 9:20 a.m., at 6761 4th Avenue. The defendant allegedly approached a 73-year-old woman from behind, punched her in the head and caused her to fall to the ground. She suffered cuts to her face and hands.
• An assault on May 5, 2024, at approximately 1:13 p.m., at 86th Street and West 8th Street. The defendant allegedly approached a 74-year-old woman from behind, pushed her to the ground and caused cuts to her hands and face.
• An assault on May 5, 2024, at approximately 4:50 p.m., at 4th Avenue and 96th Street. The defendant allegedly approached a 72-year-old woman from behind, punched her in the head and caused her to fall to the ground and suffer cuts to her face and hands.
• An assault on May 9, 2024, at approximately 5:35 p.m., at 143 28th Street. The defendant allegedly approached a 34-year-old woman from behind, punched her in the head and caused her to fall to the ground, where she suffered cuts to her face and hands. The defendant allegedly grabbed the woman’s purse, containing cash and credit cards and fled. He threw the purse to the ground after the victim chased him.
• An assault on May 19, 2024, at approximately 10 p.m., at 4th Avenue and 95th Street. The defendant approached an 87-year-old man from behind, punched him in the head and caus him to fall to the ground. The victim suffered cuts to the head and hands.
• An assault on May 21, 2024, at approximately 8:10 a.m., at 350 44th Street. The defendant approached a 60-year-old woman from behind and pushed her to the ground, causing cuts to the knee and elbow.

The District Attorney said that all the incidents were allegedly caught on surveillance video. The defendant was arrested on May 23, 2024.

The case is being prosecuted by Senior Assistant District Attorney Natalie Riether, of the District Attorney’s Blue Zone Trial Bureau, under the supervision of Assistant District Attorney Kin Ng, Bureau Chief.

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