2017 OFFICE OF THE Annual BRONX COUNTY DISTRICT ATTORNEY Report DARCEL D. CLARK

Pursuing Justice With Integrity Office“ of the Bronx County District Attorney2017 Annual Report ” i Aerial view of the Bronx, New York City

Front cover top photo: District Attorney Darcel D. Clark with prosecutors and NYPD announcing indictment of heroin/fentanyl traffickers

Front cover bottom photo: District Attorney Darcel D. Clark at the first annual Child Safety Fair

ii Office of the Bronx County District Attorney2017 Annual Report A Message from Bronx District Attorney Darcel D. Clark

he second year of my term Domestic Violence homicides, Tsaw many exciting changes because strangulation is the as well as the cementing of bellwether of escalating abuse. initiatives and reforms begun We are working to make in 2016 to improve our criminal Rikers Island safer, as the city crisis. And we are prosecuting justice system. works to close it in favor of traffickers of heroin and deadly “Pursuing Justice With smaller jails in each borough. fentanyl. Integrity” is fully embedded, We support sensible reforms We have enhanced our and reflected in everything we that promote fairness and build community outreach, dismissing do at the Bronx District confidence in the justice system 160,000 summons warrants Attorney’s Office. for the community we serve. older than ten years in an We continued to handle an My Office has stepped up and unprecedented single act. inordinate share of New York embraced changes to both bail We held our “Another Chance” City’s crime in 2017. and discovery. event. It cleared 226 old warrants The Bronx has 17% of the We are diverting people as and helped people move on with city’s population, but nearly frequently as possible from the their lives. 25% of the city’s murders and criminal justice system. We held our first Child Safety robberies, and 30% of shooting Our Alternatives to Fair to educate families about victims, felony assaults and Incarceration Bureau (ATI) pedestrian and bike safety, safe domestic incident reports. assesses the needs of low level touch/unsafe touch and bullying There were 72 homicides in offenders struggling with mental prevention, amid fun activities. the Bronx last year, down from illness and drug abuse. Thank you for your support 98 in 2016. Shooting incidents The Bronx had the highest and for the privilege of decreased and fewer people number of opioid overdoses in serving you. were shot in 2017. 2016 and 2017. The ATI Bureau Still, there is too much gun initiated the Overdose Avoidance violence, and we are working and Recovery Program (OAR) with anti-violence groups and – New York City’s first court our law enforcement partners to program to divert substance further reduce the incidents and abusers into treatment without victims. We are the first borough having to plead guilty to a crime. in the city to have a Strangulation My Office also formed a working Initiative, a unique partnership group of dozens of stakeholders with police to help prevent to address the overdose

Office of the Bronx County District Attorney2017 Annual Report 1 Table of Contents Overview: Crime in the Bronx...... 3 Battling the Opioid Scourge...... 4 Vertical Prosecution...... 6 Trial Division...... 6 Special Victims Division...... 8 Investigations Division...... 12 Strategic Enforcement/Intergovernmental Relations Division. . . .18 General Counsel Division...... 19 Administrative Division/Community Affairs Unit...... 21 Administrative Division/Support Staff ...... 23 Summons Warrants Dismissed ...... 24 “Another Chance”...... 25 In The Community...... 26 Executive Staff/Legal Staff...... 27 Administrative Staff...... 28

2 Office of the Bronx County District Attorney2017 Annual Report Overview: Crime in the Bronx

rime, especially violent crime, has been falling in New York City and in the Bronx over the past few Cdecades. For example, there were 72 homicides in the Bronx in 2017. There have not been this few murders in the Bronx since 1962 (when there were also 72 murders). However, the Bronx still experiences a disproportionate share of crime. While the 1.5 million Bronx residents represent just 17.1% of New York City’s population, the Bronx experiences a far higher share of violent crime. For instance, the record low 72 homicides in 2017 still represents 24.7% of the City’s homicides. Among New York City’s five counties, the Bronx had the highest rates of reported murder, rape, robbery, felonious assault, and burglary in 2017.

Bronx Violent Crime 2017: Percentage of Citywide Violent Crime vs. Population

% of Citywide 30.2% 29.9% Population 28.9% 24.7% 25.5% 22.8%

Source: 2017 NYPD CompStat Murder Shooting Incidents Felony Assaults Robberies Rape Burglary

Bronx County Reported Crime Complaints: 2016–2017

72 2017 Murder 98 2016

331 Rape Source: 2016 NYPD CompStat 342

1,348 Grand Larceny Auto 1,368

2,254 Burglary 2,602

3,554 Robbery 4,299

5,789 Felony Assault 6,023

6,824 Grand Larceny 6,856

Number of Complaints

Office of the Bronx County District Attorney2017 Annual Report 3 Battling the Bronx’s Opioid Scourge

Targeting Traffickers

Major Distributors Of Heroin And Fentanyl In The Bronx And Northeast Among 32 People Indicted In International Scheme More Than 103 Lbs. of Heroin & Fentanyl —Worth $22 Million—Seized; Drugs From Honduras & Mexico Transported Across U.S. By Long-Haul Truckers

joint investigation by the drug sales and supplied narcotics MA, allegedly purchased $33,500 A Bronx District Attorney’s to street-level dealers, identified worth of heroin a month for at Office, the New York City Police as Juan Santiago, Kareem Hogan, least eight months and took it to Department and the Drug Antoin Ramirez and Harvey Worcester, where they sold it for Enforcement Administration Gonzalez. four times the price they paid in resulted in the indictment of Police soon determined that the Bronx. 32 people for Operating as a people were coming from out- Alvarez allegedly procured the Major Trafficker and other charges of-state to buy heroin on Bronx heroin and fentanyl, arranging in February. The defendants are streets, and that the defendants for the drugs to be brought from also being sued for $10.5 million were running a wholesale heroin Honduras through Mexico and in profits of their alleged drug and cocaine trafficking network, to the Los Angeles area. He enterprise. allegedly supplied by defendants arranged for truck drivers to pick The scheme brought heroin Jason Alvarez, Viannet Espinal and them up and transport them and fentanyl from Honduras Velazquez Alvarez. across the country to the east through Mexico to Los Angeles, Defendants Steven Gonzalez coast. where long-haul truck drivers and Gina DiBacca, of Worcester, picked it up and transported it to the New York area in tractor- trailers carrying legitimate cargo. The investigation, dubbed “Operation Open Market,” began in February, 2016, when the NYPD Bronx Gang Squad began investigating flagrant crack cocaine selling on McClellan Street and Grant Avenue in the confines of the 44th Precinct, allegedly overseen by Steven Rivera and Rivera, who are brothers. They allegedly arranged

4 Office of the Bronx County District Attorney2017 Annual Report Saving Lives

he Overdose Avoidance and Those who are assessed The Office began planning TRecovery (OAR) program, as high-risk of overdose and OAR in May, 2017, to focus on the the first court-based program of accept the program will have population of heroin users who its kind in New York City to offer their cases adjourned to one of have suffered from addiction for treatment in lieu of incarceration two specialized drug court parts, decades. According to data, from for offenders with substance with prosecution of the case January 2013 to July 2017, 879 abuse, began in the Bronx on withdrawn pending the OAR people died of opioid use in the December 4 in an effort to combat outcome. Bronx, and 551 of those people the borough’s opioid crisis. Participants who meaningfully had prior involvement with the The OAR program is an engage in and fulfill treatment criminal justice system in the innovative tool for confronting will, upon consent of the Court, Bronx, for an average of 8.9 a scourge that has ravaged the have their cases dismissed and arrests each. The most frequent Bronx far too long and ruined sealed, eliminating the burden top charge was NYPL 220.03. hundreds of lives. In 2016, the of a criminal record. There are Bronx had the highest number no penalties for defendants who of opioid overdose deaths in the forgo the use of OAR and their city. The Office’s Alternatives cases will move to court. to Incarceration Bureau (ATI) developed this program to address defendants who cycle through the criminal justice system because of crimes fueled by drug abuse. Trained Assistant District Attorneys offer defendants charged with seventh-degree Criminal Possession of a Controlled Substance (NY Penal Law 220.03) the opportunity to take part in OAR. In addition to linking defendants with intensive treatment, Bronx Community Solutions will offer training, housing and other needed services.

Office of the Bronx County District Attorney2017 Annual Report 5 Vertical Prosecution

ertical Prosecution is Vdesigned to reduce or eliminate delays that result in a defendant waiting in jail for a trial, and a victim having to wait excruciatingly long for justice. It means one prosecutor handles the case from its early stages until the disposition. Pending Cases in the Bronx 2016 The model has been 12,253 implemented, thanks to funding 2017 received in 2016 from the city. 7,824 We are fulfilling our mandate. 6,461 Quality of cases has 5,010

improved. So has efficiency. We Number of Cases 2 74 have reduced the case backlog. 80 We have cut arrest-to-final Felony Misdemeanor Other disposition time by two months. Source: OCA, 1/3/16 vs. 12/31/17

Trial Division

HOMICIDE BUREAU VEHICULAR CRIMES UNIT The Homicide Bureau is comprised of some of Vehicular Crimes Unit prosecutes DWI (Driving the most seasoned and experienced Assistant While Intoxicated), aggravated unlicensed District Attorneys in our Office. The Bureau is operation, reckless driving, leaving the scene and also consulted on pre-arrest investigations and vehicular homicide and vehicular assault cases. cold cases. HATE CRIMES UNIT TRIAL BUREAUS The Hate Crimes Unit handles crimes committed Trial Bureaus 20, 30, 40, 50, 60, and 70 prosecute against persons based upon race, color, national any felony case or misdemeanor that is not handled origin, ancestry, gender, religion, religious practice, by a specialized bureau. In consultation with the age, disability, sexual orientation, or gender Vehicular Crimes Unit, trial bureaus also handle identification, regardless of whether the belief vehicular cases. or perception of the defendant is correct.

6 Office of the Bronx County District Attorney2017 Annual Report Trial Division (continued) CASES OF NOTE: Ashleigh Wade, 24, was sentenced slashed Homer Griffin, 51, was sentenced to 40 years to life in prison. Sutton’s to two consecutive terms of According to trial testimony, throat, 3 ½ to seven years in prison Wade, who was pretending to killing after pleading guilty to third- be pregnant, reconnected with her and degree Robbery and third- childhood friend, Angelikque proceeded degree Criminal Possession of Sutton, 22, over social media. to remove a Weapon. Griffin followed the On November 20, 2015, Sutton, the victim’s uterus and cut out 81-year-old victim as she stepped who was eight-months pregnant, the infant. Wade claimed she had into her apartment building stopped by the defendant’s given birth to the baby elevator. He then pretended to apartment to pick up some baby when police later arrived. help her exit the elevator before items before heading to her civil A jury found her guilty of Murder holding a razor blade to her wedding service. The defendant and kidnapping. face and telling her, “I want the money, give me the money. I’m going to cut you.” Griffin fled with $200.

COLD CASES CLOSED Curtis Batchelor, 41, indicted for Stewart, 58, sentenced to arrested in 2014 after returning 1999 murder. According to the 20 years to life in prison. On to the U.S. and his fingerprints investigation, on or about and September 20, 1993, Stewart matched those found at the between May 25, 1999 and May flew to the island of Jamaica murder scene. 27, 1999, in 825 Gerard Avenue, and called his girlfriend’s father Batchelor stabbed Elsa Grullon informing him his daughter was multiple times in the neck and dead. Sophia Blair, 22, was found chest, in the course of raping the same day in her Creston her. Batchelor was arrested in Avenue apartment fatally shot January, 2016, and his DNA was in the head. The toddler son she taken. In March, 2016, the DNA shared with Stewart, Jamal Blair, was found to match semen had been left unattended in his recovered from the victim’s body. crib for over ten hours until police Further investigation led to the discovered Blair’s body. Stewart, FPO arrest of Batchelor 18 years later who had changed his name, on Feb. 27, 2017. escaped justice until he was

Office of the Bronx County District Attorney2017 Annual Report 7 Special Victims Division

he Special Victims Division is made up of the Child Abuse/Sex Crimes Bureau and the Domestic TViolence Bureau, as well as the Crime Victims Assistance Unit. All misdemeanor and felony sexual assault cases, involving both child and adult victims, as well as physical child abuse cases, are prosecuted by the Child Abuse/Sex Crimes Bureau. The Domestic Violence Bureau focuses on intimate partner violence and works vigorously to prosecute offenders regardless of a victim’s cooperation. Additionally, the Crime Victims Assistance Unit provides comprehensive service to crime victims.

Domestic Violence In October 2017 the Office partnered with the NYPD CASES OF NOTE: in a joint initiative to combat strangulation cases. The Dionis Espinal, 35, was sentenced to 25 years in Domestic Violence Bureau has since tracked cases prison after pleading guilty to first-degree of strangulation even without an arrest being made, Manslaughter for fatally stabbing his ex girlfriend as in an effort to prevent future violence and create she lay trapped in an overturned vehicle that he had early engagement with victims. caused to crash on Pelham Parkway in 2013. The Bureau also continues to operate its Domestic Violence Complaint Room, the city’s first West Spruill, 41, sentenced to life in prison without when it opened in October 2016. The Complaint parole after a jury convicted him of first-degree Room provides a novel and compassionate way to Murder for killing the director of a homeless shelter handle DV complaints. From there, victims can be in which he formerly resided. directed to the Family Justice Center, co-located with the DV Complaint Room, where there is access to plenty of social services. DV Bureau Assistant District Attorneys are there, and they can interview the victims and write up the complaints all in one step.

8 Office of the Bronx County District Attorney2017 Annual Report Child Abuse/Sex Crimes The Bronx Child Advocacy Center (CAC) entered its second full year in operation. The Center handles child abuse allegations by coordinating the efforts of law enforcement members, family advocates, medical experts, mental health clinicians and child protection staff under one roof in an effort to minimize additional trauma to young victims. CAC arranges families’ visits to the center, providing transportation and food. The center conducts forensic interviews of children and also provides family advocacy, crisis intervention and mental health therapy. The first Child Safety Fair, held at Mount Hope Community Center, educated DA Clark at the First Annual Child Safety Fair kids and families about pedestrian and bike safety, safe touch/unsafe touch and bullying prevention amid fun activities.

CASES OF NOTE: Francisco Delarosa, 30, was sentenced to 23 years in Jennifer Berry, 37, of Yonkers sentenced to 10 years prison after being found guilty of first-degree Rape, in prison after pleading guilty to Manslaughter for Sexual Abuse and Criminal Sexual Act of a woman dropping her newborn infant from a seventh-floor who had asked him for directions to the train University Heights apartment window. station in Morris Park in 2015. Russell Smith, 45, of Manhattan was sentenced to 18 Lloyd Watson, 30, was sentenced to 14 years in prison years in prison followed by 20 years post- release followed by 10 years of post-release supervision supervision for choking and raping a female relative after being found guilty of two counts of second- in her apartment in December 2015. degree Criminal Sexual Act and Endangering the Welfare of a Child for repeated acts of sexual abuse against a 13-year-old boy he coached on a neighborhood baseball team. The defendant was sentenced to two consecutive sentences of seven years.

Office of the Bronx County District Attorney2017 Annual Report 9 Crime Victims Assistance Unit

The Crime Victims Assistance The office partnered with the assessment of their needs and Unit (CVAU) provides extensive NYPD, the Office of Chief Medical create a plan. services to anyone who has Examiner and the Center for In December—a particularly been a victim of a crime in the Court Innovation. Detectives tough time for crime survivors— borough whether or not there’s from the NYPD make referrals to CVAU sponsored “Operation been a police report, an arrest, or a victim advocate and a trauma Santa,” in which BXDA staff fulfills a prosecution and regardless of therapist who meet with the Christmas lists and hosts a party. the time that has passed. family within 24 hours to make an The CVAU staff includes Crime Victim Advocates, Trauma Therapists, a Domestic Violence Advocate and a Rape Victim Advocate who help victims and their families navigate the court system. Additional services include short- and long-term emergency housing placement and transportation to court appearances. A number of clients receive services long after the prosecution ends. CVAU members responded Members of CVAU wear purple for DV Awareness to the Bronx- Lebanon Medical Center shooting in July, in which a former doctor killed a doctor and wounded six people, and assisted victims and their families for several days. In 2017 the office received a grant of $593,000 from the Department of Justice, Office of Victims of Crime to identify promising victim-centered and trauma-informed responses to those left behind after a homicide. BXDA Staff at Operation Santa party sponsored by CVAU

10 Office of the Bronx County District Attorney2017 Annual Report CASE OF NOTE: On December 1, 2016 Mr. F, 55, was viciously assaulted by two young boys resulting in injuries to his body, and the loss of his right eye. Mr. F was in need of multiple services: financial compensation to cover any medical expenses as he had to have multiple surgeries; relocation, as it was discovered one of the defendants lived in the same building as he; court information; dealing with the loss of his employment; and lastly a referral to help deal with the trauma he endured. The most pressing issue was his continued medical health. Mr. F had to undergo several surgeries in order to be able to receive a prosthetic eye. CVAU Advocate Patricia Keeney dealt with the concrete needs, and referred Mr. F to our unit Trauma Therapist, Evelyn Trinidad-Armenia. After many months of therapy and medical attention, his sense of control and ability to attend to daily living activities returned and he went back to work. In December 2017, Mr. F received a prosthetic eye. He posed for a photograph with Trinidad-Armenia, who said, “This is why I continue to do what I do.” (On January 17, 2017 the defendants pleaded guilty to assault charges. Both defendants were given youthful offender status by a judge—with one receiving four years’ probation, the other three years’ probation.)

In 2017, CVAU saw a total of 2,100 new cases and provided nearly 11,000 follow-up services to victims.

Office of the Bronx County District Attorney2017 Annual Report 11 Investigations Division

he Investigations Division is made up of In 2017, the Division opened up 850 Tsix bureaus: Criminal Enterprise, Economic investigations of varying degrees of complexity, Crimes, Narcotics and Gangs Investigation, Public broken down by bureau as follows: Integrity, Rikers Island Prosecution, and Special Investigations. The Division also includes several Criminal Enterprise Bureau ...... 170 units: Immigrant Affairs, Firearms Trafficking and Tax Economic Crimes Bureau ...... 284 and Organizational Fraud. Firearms Trafficking Unit ...... 130 Public Integrity Bureau ...... 105 Gangs/Narcotics ...... 5 Rikers Island Prosecution Bureau . . . 145 Special Investigations Bureau . . . . . 11

Rikers Island Prosecution Bureau

n December 14, 2017, On August 23, 2017, in a takedown O15 Rikers Island inmates dubbed Operation Zero were indicted for the brutal Tolerance, 29 former and current gang assault of a NYC Rikers Island inmates were Department of Correction arrested and indicted for brutal Captain on Thanksgiving Day. assaults in the jail. While some The defendants were captured defendants had left Rikers Island, on surveillance video holding they were still held accountable a meeting to plan a beating in for violent acts committed retaliation for the Captain’s prior while jailed there. Among the disciplining of Bloods members. four incidents, gang members Three weeks earlier the captain attacked other inmates and two had deployed pepper spray to correction officers. One inmate/ defuse a tense situation after a victim needed 100 stitches for fight between inmates. numerous wounds. Defendants The Captain was beaten in were from the Trinitarians, the Otis Bantum Correctional Bloods, MS-13 and Folk Center (OBCC) 90 minutes Nation gangs. after the meeting between the defendants. For the orchestrated, retaliatory attack, the defendants face up to 25 years in prison.

12 Office of the Bronx County District Attorney2017 Annual Report Public Integrity Bureau

CASES OF NOTE: On August 16, a The defendant, Kevin McKoy, demeaning and dehumanizing New York City 32, of Brooklyn pleaded guilty acts. It is especially disturbing Department to third-degree Bribe Receiving, that these crimes are alleged of Correction first-degree Promoting Prison against a member of the NYPD.” officer pleaded Contraband and Official Olmeda was indicted on 15 guilty to acting Misconduct. He was sentenced counts of Sexually Motivated as ringleader to two to six years in prison. Felony, five counts of Use of in a web of corruption, receiving Child in a Sexual Performance, thousands of dollars in bribes for five counts of third-degree contraband including scalpels Rape, four counts of third- and narcotics. degree Criminal Sexual Act, District Attorney Clark said, nine counts of third-degree “The defendant disrespected his Aggravated Patronizing a badge and his fellow Correction Police Officer Raul Olmeda, 40, of Minor for Prostitution, third- Officers by taking bribes, the Bronx, who was assigned degree Patronizing a Person bringing in contraband and to the 42nd Precinct but has for Prostitution, five counts of adding to the climate of danger been on modified duty, was Endangering the Welfare of a and fear that makes Rikers Island indicted on sex offenses and Child, five counts of Promoting notorious for brutality. His crimes other charges stemming from an Obscene Sexual Performance show the range corruption can patronizing an underage girl for by a Child, five counts of reach and the ends some will go prostitution and inducing her to Possessing an Obscene Sexual to propagate jailhouse violence. perform sex acts in videos. Performance by a Child, five However, our work with the District Attorney Clark said, counts of Promoting a Sexual Department of Investigation “The defendant is charged with Performance by a Child, five shows our commitment to 67 counts including numerous counts of Possessing a Sexual relentlessly prosecuting these sex offenses. The defendant Performance by a Child, fourth- cases and maintaining order in preyed on the vulnerable young degree Tampering with a our city’s jails.” woman and videotaped his Computer.

In 2017, the Investigations Division opened 850 investigations.

Office of the Bronx County District Attorney2017 Annual Report 13 Economic Crimes Bureau

he Bronx District Attorney’s Office was recognized by Governor Andrew M. Cuomo for returning T$216,814 to the Unemployment Insurance Trust Fund in 2017. The return added to a record-high year that saw $4,500,718 in fraudulently obtained unemployment insurance benefits recovered last year from all the NYC District Attorney Offices. This was possible thanks to the efforts of Assistant District Attorneys in the Economic Crimes Bureau and BXDA Detective Investigators. The return placed the office among the top ten district attorney offices in NY State.

On January 19, Prabhjit Singh, 36, M.S.S. Sidewalk, Bridging and behind a computer screen.” the president of two scaffolding Scaffolding Corporation, pleaded The defendant pleaded guilty corporations, pleaded guilty to guilty before Bronx Supreme to Promoting an Obscene Sexual Criminal Tax Fraud and will pay Court Justice John Carter to Performance by a Child and was over $2 million in taxes and two counts of fourth-degree sentenced to two to six years penalties and serve 16 weekends City Criminal Tax Fraud. As part in prison. in jail for underreporting millions of his plea, he will pay $2 million According to the investigation, of dollars in income of his Bronx- and serve weekends in jail for a detective with the New York based businesses. four months. Police Department’s Vice/ Major District Attorney Clark said, Case Squad saw that an Internet “This defendant used a check- On August 16, Raymond Fontanez, Protocol (IP) address was offering cashing scheme to avoid paying 43, pleaded guilty to promotion to share ten images and videos nearly $1 million dollars in taxes of child pornography that of child pornography. The address on income from city, state and depicted children as young as was traced to a computer in private contracts. Together with three years old being sexually Fontanez’s apartment. Detectives the New York City Department abused. obtained a search warrant and of Finance, we investigated this District Attorney Clark said, retrieved Fontanez’s laptop, case and the defendant pleaded “The defendant promoted which contained more than guilty to felony charges and disturbing videos of young 500 videos and images of child will pay $2 million to city and children— even toddlers— pornography. The defendant state coffers. Such disregard of engaged in sexual acts. His did not participate in the sexual the law is a slap in the face of actions are abhorrent and we will acts depicted. hardworking taxpayers.” continue to prosecute anyone The defendant, president of who causes irreparable Rock Scaffolding Corporation and harm to children while hiding

14 Office of the Bronx County District Attorney2017 Annual Report Special Investigations Bureau

CASE OF NOTE Twenty-one men were indicted in a massive District Attorney Clark said, “The criminal cigarette smuggling scheme after an investigation enterprise not only allegedly cheated the state by the Bronx District Attorney’s Office, New and city out of taxes, but undercut mom-and-pop York City Police Department, the New York stores that serve neighborhoods. Law-abiding State Department of Taxation and Finance and businesses cannot compete with stores illegally Homeland Security Investigations. selling untaxed, cheap cigarettes down the block. District Attorney Clark said the defendants We want to extinguish this type of criminal allegedly trafficked hundreds of thousands of activity, and we will pursue nearly $17 million in cartons of cigarettes from the South to New York profits from the defendants.” City, evading more than $20 million in taxes and Nearly 10,000 cartons were seized during the reaping millions of dollars in proceeds. investigation, as well as gold jewelry.

Office of the Bronx County District Attorney2017 Annual Report 15 Criminal Enterprise Bureau Prosecutors in this Bureau had 100 pending investigations of human trafficking/sex trafficking in 2017.

Bronx Man Sentenced To Eight Years In Prison In Attempted Sex Trafficking Case Involving Two Girls On November 8, Miguel Benitez, 29, was sentenced to Benitez was sentenced to eight years in prison eight years in prison after pleading guilty to followed by five years post-release supervision Attempted Sex Trafficking of young girls he and will also have to register as a sex offender. advertised on the website Backpage. The girls He pleaded guilty to Attempted Sex Trafficking on engaged in prostitution in Bronx hotels and other October 11. locations on numerous occasions. According to the investigation, in February of District Attorney Clark said, “The defendant 2016, Benitez sexually advertised a 12-year old girl preyed on vulnerable young girls, treating them as and a 13-year-old girl on the website Backpage. a commodity and profiting from their degradation. The defendant induced the girls to engage in Now, he will serve eight years in prison for ruining sexual conduct on several occasions with various the lives of these children.” individuals. A female co-defendant, Desheen Evans, 35, of Brooklyn drove the girls to two Bronx hotels and rented the rooms in her name.

Animal Cruelty

Roberto Martinez, 25, was sentenced to one year in jail after pleading guilty to Aggravated Cruelty to Animals. On Sept. 10, 2016, he was videotaped lifting an eight-month-old mixed-breed dog by her harness and slamming her to the floor. The defendant injured the dog’s leg so badly the limb had to be amputated. Sally has since recovered and found a new home.

16 Office of the Bronx County District Attorney2017 Annual Report Gang Violence In 2017, the Bronx District Attorney’s Office investigated and indicted numerous alleged gang members in multiple cases that represent law enforcement’s new approach to crime fighting: it’s not just mass arrests but removing the core groups of criminals who are responsible for most of the violence in the Bronx.

“SLATTERY AVENUE BOYS” CASE: A long-term investigation into the eviscerating part of his bowel; shoot a rival “Slattery Avenue Boys” on June 17, 2016, Tristan Ortiz drug dealer in resulted in the indictment of 20 allegedly acted in concert with 2013. members in a Conspiracy that another to stab random victim According caused a wave of bloodshed Carl Ducasse, 17, to death when to the in the Fordham/Mount Hope he refused to give them two investigation, neighborhoods over four years dollars; on Christmas Eve 2014, at about that included two murders, a teenager was stabbed twice 11 p.m. on assaults on rival gangs and while shopping with his father. May 20, 2013, brutal crimes against innocent DeJesus, victims. What began as a dance/ “LATIN KINGS” CASE: Rodriguez rap crew in Slattery Playground Latin Kings members Jason and another on East 183rd Street between DeJesus, 31, was convicted gang member Valentine and Ryer Avenues of second-degree Murder went to East escalated into rival gangs in 2013. and second-degree Criminal 162nd Street near Morris Avenue Among the incidents found in the Possession of a Weapon and but could not find their intended investigation: on August 2, 2013, co-defendant Hector Rodriguez, target. They shot Cabral, who Juan Calderon, Jahkim Wright 39, was convicted of first- degree was sitting on a stoop, to send a and Moore allegedly Manslaughter and Criminal message to the dealer to leave the shot and killed Khaleed Adams in Facilitation. Both were convicted block. Cabral was found with two retaliation for a shooting that left by separate juries in November. fatal gunshot wounds. Calderon’s brother paralyzed; on The defendants were found DeJesus has been sentenced December 28, 2015, members guilty of killing Marcos Cabral, to 25 years to life in prison, and allegedly stabbed an opposing 21, a Bronx man whom they Rodriguez to 22 years in prison and gang member in the torso, happened upon as they sought to 5 years post-release supervision.

Office of the Bronx County District Attorney2017 Annual Report 17 Strategic Enforcement/ Intergovernmental Relations Division

he mission of the Strategic Enforcement Division is to collaborate with the NYPD, community groups, Tand law enforcement partners to identify crime drivers, patterns and trends of crime; and gather and sort intelligence to enhance prosecutorial outcomes. The Division is also tasked with exploring alternatives to incarceration for defendants that include treatment opportunities.

ALTERNATIVES TO and other information sharing Video Lab is responsible for INCARCERATION BUREAU techniques that promote the recording homicide, police- ATI provides treatment and gathering and dissemination of involved shooting and serious resource opportunities to actionable intelligence. felony crime scenes as well as defendants in appropriate cases. recording suspects’ statements. The Bureau coordinates with FORENSIC SCIENCE UNIT prosecutors to facilitate these The Forensic Science Unit PROJECT RE-ENTRY dispositions and exclusively supports the forensic The Bronx District Attorney’s staffs the Judicial Diversion and investigation and litigation that re-entry initiative seeks to Treatment (JD/T) and Overdose has now become critical to many reduce violent crime recidivism Avoidance and Recovery (OAR) criminal prosecutions. This unit among formerly incarcerated court parts. Through its Mental also plays an essential role in individuals by connecting them Health Unit, ATI staff also offers numerous conviction integrity to information and resources. guidance on various mental reviews. The unit also conducts District Attorney Clark co-chairs health matters. investigations and provides the Bronx Re-Entry Task Force office-wide training regarding along with the NYS Department CRIME STRATEGIES UNIT DNA science, courtroom of Corrections and Community CSU works with internal and presentations, discovery, and the Supervision and the Education external stakeholders, including admission of DNA evidence. and Assistance Corporation. the New York City Police In 2017, BXDA partnered with Department, other state, TECHNICAL INVESTIGATION UNIT DOCCS and the Department local and federal agencies, The Technical Investigation Unit is of Probation to hold a series of government agencies, and comprised of the Digital informational forums for newly community organizations Forensic Laboratory and the paroled individuals returning to develop and implement Video Laboratory. The Digital home to the Bronx strategies focused on reducing Forensic Lab performs forensic and for individuals recently crime, especially violent crime, examinations and provides sentenced to probation. The and improve public safety. legal and technical assistance re-entry initiative will continue The Unit harnesses innovative for prosecutors regarding to expand in 2018. technologies, data science, electronic evidence. The 18 Office of the Bronx County District Attorney2017 Annual Report General Counsel Division

he General Counsel Division is comprised of the Appeals Bureau, the Conviction Integrity Unit, the TProfessional Responsibility Bureau and the Civil Litigation Bureau. Appeals Bureau Conviction Integrity Unit he Appeals Bureau continued he Conviction Integrity Unit (“CIU”), dedicated to improving the Tto have a success rate of Tquality and integrity of prosecutions in Bronx County, was created 93% in litigating appeals in 2017. in February 2016.

CASE OF NOTE First, it reviews post-judgment Attorney as to whether the After extensive litigation that claims of actual innocence and conviction should stand. reached the U.S. Supreme Court, wrongful conviction in our most Second, the CIU reviews the People prevailed in People v. serious cases. The review is cases in which the Office has Garlick, a 2011 manslaughter case generally fact-based and extra- identified an error and attempts in which the defendant challenged judicial. When appropriate, the to determine what caused it. his conviction, claiming that his unit thoroughly reinvestigates Further, the unit assesses Confrontation Clause rights were a case. In select cases where whether there are discernible violated because an autopsy there has been a comprehensive patterns in errors. report was introduced at his trial, reinvestigation, the CIU makes a The CIU has a staff of three supposedly without his having recommendation to the District experienced attorneys. Last an opportunity to cross examine the medical examiner. Nationally-renowned legal scholars implored the Supreme Court to address the Confrontation Clause aspects of the autopsy report, but BXDA appellate attorneys convinced the Supreme Court to allow the conviction to remain undisturbed. On December 1, 2017 the Supreme Court denied the defendant’s application for certiorari. Garlick was convicted of fatally stabbing Sherwood on a Bronx street on November 1, 2011.

Office of the Bronx County District Attorney2017 Annual Report 19 year, the CIU opened 55 cases. The conviction of Steven to whether to retry Mr. Odiase. The CIU completed its review Odiase was vacated and he was After determining there was process in 28 of those cases: 20 freed from prison after CIU found not enough physical evidence were closed after a preliminary exculpatory evidence that had or witness cooperation, District review, 7 closed after a full not been provided to defense Attorney Clark decided in the review and one was closed after for trial. interest of justice not to proceed full reinvestigation. A lengthy and thorough to trial and asked the Court to investigation was conducted as dismiss and seal the case.

Professional Responsibility Bureau

n 2017, the Professional appropriate, to implement Finally, the Professional IResponsibility Bureau systemic changes. The Bureau’s Responsibility Bureau worked investigated over a dozen Litigation Training Unit conducted in conjunction with our Office’s instances of allegations involving approximately 40 internal and Conviction Integrity Unit and attorney ethical misconduct and external training sessions and Legal Recruitment Bureau to submitted written reports to CLEs, and revamped Orientation help ensure that the Office’s high the District Attorney containing Training to provide an intensive, ethical standards were reflected findings, conclusions and hands-on regimen for new in our assessment of the recommendations. In every prosecutors. The Bureau’s Best convictions we obtained, as well instance, appropriate steps were Practices Committee developed as in the quality of our recruits. taken to address prosecutorial office-wide practices and concerns that were brought procedures. to our attention, and, where

Civil Litigation Bureau he Civil Litigation Bureau to the Police Department entire year, nine months of which Tbrings together Subpoena regarding their property or, in the boasted 100% compliance with Compliance, Asset Forfeiture, alternative, an explanation of the the statute. Freedom of Information Law and status of their request. PRU operations are more Evictions, and also includes a In 2017 the BXDA Property efficient and effective, the public new component, the Property Release Unit (PRU) oversaw over is more clearly informed of our Release Unit. 3,500 requests for the return of procedures and of their rights. The Property Release Unit is property seized during an arrest. The success of the BXDA PRU charged with responding in a The assistant district attorneys is exemplified by the fact that it timely manner to requests by managing the Unit ensured an has become a model for other defendants and their counsel for exemplary office-wide rate of District Attorney’s Offices. a written release form addressed compliance of 99.6% for the

20 Office of the Bronx County District Attorney2017 Annual Report Administrative Division/ Community Affairs Unit

he Community Affairs Unit is committed to engaging with the Bronx community on a daily basis. TPrograms range in activities and target audiences but one thing remains the focus: security and justice for Bronx residents.

ADULT WORKSHOPS CONCEPT Community members have the (Creating Opportunities Necessary to Create Empowered opportunity to attend in-house Positive Teens): workshops as well as workshops The CONCEPT program is a life-skills curriculum for middle school in their respective community. students to promote positive thinking and create behavioral changes. Coordinators schedule and It employs a unique combination of practicing life skills pertaining to organize monthly awareness real circumstances, cooperative learning, constructive dialogue, and workshops. In January 2017, a role-playing. The Program is composed of three parts: Human Trafficking workshop — 19-week curriculum program for 6th graders was held for Human Trafficking — Student workshops for grade levels 5-12 Awareness month. A Domestic — Parent/Adult Workshops Violence Awareness workshop: “Love Shouldn’t Hurt,” was The topics of discussion are: hosted in February, and “After the law, decision- making, conflict Arrest” in March and “You Be the resolution, problem solving, peer Judge” in April. pressure, cyberbullying, anger management, gang affiliation, unlawful weapons, violence, substance abuse, community awareness and goal setting. Approximately 450 students participated in the program DA at CONCEPT school graduation last year and workshops were presented to over 1,400 parents and students. “You be the Judge” 2017 Workshop

Office of the Bronx County District Attorney2017 Annual Report 21 YOUTH TRIAL ADVOCACY PROGRAM (YTAP): YTAP provides students with an opportunity to explore a career in law. Students from Bronx high schools are divided into teams, and each team, working with an Assistant District Attorney, learns how to develop advocacy skills in preparation for the courtroom setting in a moot court competition. This program currently runs on a weekly basis from December through May. An internship opportunity at the Office of the Bronx District Attorney is awarded to the YTAP student who has the best attendance and best overall mock trial performance.

READ TO ME: The Office of the Bronx District Attorney partners with the Marshall England Early Childhood Learning Center and the Richard Mangum Learning Center to read storybooks to children ranging in age from two to four years old in their classroom.

OPERATION GUN HALT: PROJECT JUMP: (Parolee & Probationers Forum) This mentoring program matches The aim is to reduce city-wide gun violence in collaboration sophomores, juniors and seniors from with re-entry social service agencies, the NYPD, the US the Adlai E. Stevenson High School Attorney’s Office in the Southern District of New York, the Campus with volunteers from the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Bronx District Attorney’s Office on a Department of Corrections and Community Supervision, one-to-one basis. and the Department of Probation. Once a month, recently Students experience the work released probationers and parolees are invited to attend a environment and learn about the panel presentation, where they are given the opportunity criminal justice system. to discuss alternatives and resources available to them. The Bronx is one of five sites selected to run this program in target neighborhoods in New York State. In 2017, 181 Parolees participated in Operation Gun Halt and 129 Probationers participated in the Probation Forum.

22 Office of the Bronx County District Attorney2017 Annual Report Administrative Division/Support Staff

The Support Staff is the backbone of the Office. Units include:

DETECTIVE INVESTIGATORS The Bronx District Attorney’s Detective Investigators assist in long-term investigations, witness security, arrests, extraditions and other duties. The members of this unit also provide security to BXDA offices and sponsor workshops such topics as Active Shooter Training. In 2017, the DIs were instrumental in numerous investigations that resulted in indictments.

DAT/ CRIMINAL COMPLAINT ROOM/ LEGAL RECRUITMENT ARRAIGNMENTS The Legal Recruitment Bureau oversees the hiring This unit works with all the divisions and has of the Office’s Assistant District Attorneys and assigned Assistant District Attorneys and support ensures a seamless transition for every hire. The staff to ensure that cases are handled appropriately Bureau oversaw the hiring of 122 new district at the stage of inception. attorneys last year, marking the largest class in the history of the Bronx District Attorney’s Office. HUMAN RESOURCES The Human Resources Unit oversees the support OPERATIONS staff hiring of the Office, recruiting managerial, The Operations Unit works behind the scenes administrative and clerical personnel and ensuring to provide a professional work environment. It is the effective transition of new employees to the responsible for office maintenance, mail delivery, Office. The Unit also disseminates all pertinent moving furniture, and managing caseload storage. policy information to staff and maintains important employee records. The Unit processed 303 new PUBLIC INFORMATION applicants in 2017. The Public Information Office responds to media inquiries and provides information to government INFORMATION TECHNOLOGY (IT) agencies and individuals. The office also maintains Information Technology develops and oversees the Bronx District Attorney website and social the telecommunication systems across all BXDA media accounts. Offices. The Unit provides support on all technical issues and ensures the Office is effectively using SUPPORT STAFF TRAINING case-related services. This Unit provided numerous sessions of training in 2017 on subjects ranging from the Structure and Procedure of the District Attorney’s Office and Rosario, Giglio, Discovery and Brady material; to drafting complaints, and evidence recovery. The training unit also keeps the non-legal staff up to date on all administrative procedures and practices. Office of the Bronx County District Attorney2017 Annual Report 23 Summons Warrants Dismissed

DA Clark asks for the dismissal of 159,394 warrants

n August 9, District Attorney community, but given the ten live productive lives, free from OClark appeared before year passage of time, and summonses hanging over their Honorable George Grasso, many of these offenses are heads. As a result, I move to Supervising Judge of Bronx now decriminalized, these vacate and to dismiss these Criminal Court, in the Bronx Hall offenses no longer pose public matters in the interest of justice.” of Justice and moved to dismiss safety concerns that would District Attorney Clark 159,394 outstanding summons justify jailing people. consulted with the other NYC warrants involving low- level, “In addition to leading to District Attorneys, the Mayor’s quality of life offenses that are jail, an unresolved warrant can Office of Criminal Justice, the 10 or more years old, allowing pose obstacles to employment, NYPD, the City Council and the thousands of Bronxites to obtaining citizenship, housing or Office of Court Administration. advance their lives. educational opportunities, and The Queens, Manhattan and District Attorney Clark said, prevent people from becoming Brooklyn District Attorneys also “These summonses are 10 productive members of society. dismissed old warrants. years or older and are for minor “The people who have these Judge Grasso granted the offenses such as drinking alcohol warrants have not been in motion, saying, “I am going in public or riding a bicycle trouble with the law for a decade to grant the motion to vacate. on a sidewalk. We know that or more, and it is time that they I dismiss each case in the quality of life is important to the are given the opportunity to furtherance of justice.”

24 Office of the Bronx County District Attorney2017 Annual Report “Another Chance”

ver 300 people attended and 226 warrants Owere cleared at the 2017 “Another Chance” event, helping people move on with their lives. District Attorney Clark said, “It was a rewarding event for the community and for my Office. Those who came to the Eastchester Presbyterian Church made the decision to resolve these old warrants so they don’t risk arrest, jail or missed opportunities because they once made a mistake such as drinking alcohol in public or some other quality-of-life offense. District Attorney Clark kicked off the event On August 6, 2017, the Office held its second annual on August 5th by personally requesting some “Another Chance” event. dismissals. The majority of the summonses vacated were for public consumption of alcohol. Participants attended a resource fair, where vendors provided information and resources on jobs, health care and social services. A mobile courtroom was created in the Eastchester Presbyterian Church on Fish Avenue in Baychester and presided over by the Honorable Bahaati Pitt, Bronx Criminal Court Judge. Volunteer Assistant District Attorneys and The Bronx Defenders handled the cases. DA Clark speaks with media at “Another Chance” event

DA Clark with the BXDA Detective Investigators.

Office of the Bronx County District Attorney2017 Annual Report 25 In the Community

NATIONAL NIGHT OUT PARADES XDA staff volunteered at National Night BOut Against Crime on August 1, 2017, an annual event that promotes police-community partnerships to create safer neighborhoods. Legal and support staff attended events in every precinct, and District Attorney Clark also visited all the precincts and Housing Police Service Areas in the Bronx.

NEIGHBORHOOD MEETING OUTREACH

District Attorney Darcel D. Clark with Bronx NYPD commanders and District Attorney Darcel D. Clark at “Immigration Now!” forum that provides investigators at Simon Stock School to inform the community about legal advice to undocumented immigrants. takedown of Slattery Boys gang.

26 Office of the Bronx County District Attorney2017 Annual Report Executive Staff

Julian Bond O’Connor Teresa Mason General Counsel Chief of Staff

Derek Lynton Chief Assistant District Attorney Odalys Alonso Executive Assistant District Attorney for Operations & Budget

Theresa Gottlieb Jean T. Walsh Chief of Trial Division Chief of Investigations Division

Joseph Muroff Chief of Special Victims Division Kerry Chicon Chief of Strategic Enforcement and Intergovernmental Relations Division

Nicole Keary Maria Cortese Deputy Chief of Trial Division Deputy Chief of Operations Division

Ben Rivera Stuart Levy Deputy Executive ADA for Operations & Budget Deputy Chief of Investigations Division Carmen Facciolo Deputy Chief of Strategic Enforcement and Intergovernmental Relations Division Legal Staff

Alternatives to Incarceration. . . .Aisha Greene Litigation Training ...... Pishoy Yacoub Appeals...... Nancy Killian Narcotics & Gangs Investigation . Gary Heavner Arraignments/Complaint Room . . Rene Aponte Professional Responsibility . . . . Victor Olds Child Abuse/Sex Crimes . . . . Rachel Ferrari Public Integrity . . . Wanda Perez-Maldonado Conviction Integrity ...... Gina Mignola Rikers Island Prosecution . . . Deanna Logan Crime Strategies ...... Nina Carlow Special Investigations . . . . Tarek A. Rahman Criminal Enterprise ...... James Goward Tax and Organizational Fraud . .W. Dyer Halpern Domestic Violence . . . . . Adrienne Giunta Technical Investigation Unit . . . Peter Kennedy Economic Crimes ...... William Zelenka Trial Bureau 20 ...... Meredith Holtzman Firearms Trafficking . . . .Vladimir Kocheulov Trial Bureau 30 ...... Julie DeLeon Forensic Science Unit . . . . Raymond Valerio Trial Bureau 40 ...... Catherine Davis Homicide ...... Christine Scaccia Trial Bureau 50 ...... Lawrence Piergrossi Immigrant Affairs ...... Miriam Bell-Blair Trial Bureau 60 ...... Hannah Freilich Legal Recruitment ...... Sherry Cohen Trial Bureau 70 ...... Jeffrey Glucksman

Office of the Bronx County District Attorney2017 Annual Report 27 Administrative Staff

L. Christopher Standora Frank Chiara Chief Financial Officer Chief of Detective Investigators

Arthur Simmons Bethann Holzhay Deputy Administrative Chief Director of Crime Victims Assistance Unit

Jeannette Rucker Barbara Robles-Gonzalez Chief of Support Staff Training and Development Director of Litigation Training

Javier Valenti Nate Simmons Lt. C.O. of NYPD DA Squad Director of Operations

Meiling Viera-Delgado Raymond Vazquez Director of Community Affairs Director of IT

Patrice O’Shaughnessy Cicely Harris Director of Communications EEO Officer/Career Counselor

28 Office of the Bronx County District Attorney2017 Annual Report BXDA staff with supplies donated by the Office for victims of Hurricane Maria.

Dancing at the office picnic

BXDA holiday dessert party Bronx County Supreme Court overlooking Yankee Stadium and the 161st Street subway station

Bronx District Attorney’s Office at 198 East 161 St. bronxda.nyc.gov