BUFFALO, NY – Erie County District Attorney John J. Flynn announces that 43-year-old Richard S. Swiderski of Buffalo was sentenced this afternoon before Erie County Court Judge Kenneth F. Case to an indeterminate sentence of 2 to 4 years in prison.

Between June 21, 2020 to July 27, 2020, the defendant posted advertisements for prostitution online and arranged meetings between men and several women for acts of prostitution, in exchange for a cut of the profits. The defendant committed this crime while on parole for a prior conviction.

The defendant admitted that he knowingly advanced or profited from prostitution by managing, supervising, controlling or owning, either alone or in association with others, a house of prostitution or a prostitution business or enterprise involving prostitution activity by two or more persons in prostitution.

Swiderski pleaded guilty to one count of Promoting Prostitution in the Third Degree, a Class “D” felony, on November 20, 2020. The defendant pleaded guilty to the highest sustainable charge.

DA Flynn commends the New York State Police Violent Gang and Narcotics Enforcement Team, the Western District of New York Human Trafficking Task Force, and the Erie County Sheriff’s Office for their work in the investigation.

The case was prosecuted by Assistant District Attorney Nathanael C. Kapperman of the DA’s Special Victims Bureau.

BUFFALO, NY – Erie County District Attorney John J. Flynn announces that 20-year-old Keinn A. Moore of Buffalo was sentenced this afternoon by State Supreme Court Justice John L. Michalski to a determinate sentence of 7 years in prison. He was sentenced today as a second violent felony offender.

On Thursday, April 9, 2020, at approximately 5:30 p.m., the defendant fired a gunshot in the vicinity of Huntley Road and Burke Drive. The defendant was located a short time later near Kensington Avenue and Century Road. Officers found the defendant in possession of an illegal handgun.

Moore pleaded guilty to one count of Criminal Possession of a Weapon in the Second Degree, a Class “C” felony, on November 23, 2020. He pleaded guilty to the highest sustainable charge.

DA Flynn commends the Buffalo Police Department for their work in the investigation.

The case was prosecuted by Assistant District Attorney Matthew S. Szalkowski of the DA’s Felony Trials Bureau.

SPRINGVILLE, NY – A New York woman is heading to prison for six years after engaging in sexual conduct with a minor.

Erie County District Attorney John J. Flynn announces that 24-year-old Kennedy M. Weltjen of Springville was sentenced this morning by Erie County Court Judge Susan Eagan to six years of probation. The defendant is required to register as a sex offender.

The defendant admitted to engaging in sexual conduct with an underage person on various occasions between December 2018 and July 2019.

Weltjen pleaded guilty to one count of Sexual Misconduct, a Class “A” misdemeanor, on October 6, 2020.  An order of protection was issued on behalf of the victim, which remains in effect until January 2027.

DA Flynn commends Detective Emily Nelson-Gerken of the Erie County Sherriff’s Office for her work in the investigation. The case was prosecuted by Assistant District Attorney Rebecca L. Schnirel of the DA’s Special Victims Bureau.

NEW YORK, NY – Brooklyn District Attorney Eric Gonzalez today announced that a 21-year-old man has been indicted for reckless manslaughter and other charges in connection with the death of a 50-year-old Brooklyn father. The driver was allegedly speeding in a sports car with worn out tires and a forged inspection sticker when he lost control of his vehicle and slammed into Jose Barrera in front of the victim’s young daughter.

District Attorney Gonzalez said, “This horrific crash was no accident – it was a preventable crime that stemmed from reckless behavior before and during the collision. The defendant chose to drive a car he knew was not safe, allegedly sped on wet road conditions and took the life of a hard-working father. This is the first indictment obtained by my new Street Safety Bureau, which was created this summer to better address vehicular violence on our roadways. It will continue to thoroughly investigate and prosecute dangerous drivers when their unlawful actions cause traffic fatalities or injuries. I am determined to get justice for victims and to send a message that this conduct will not be tolerated in Brooklyn.”

The District Attorney identified the defendant as Kareem Denton, 21. He was arraigned on December 31, 2020 before Brooklyn Supreme Court Justice Raymond Rodriguez on a 16-count indictment in which is charged with second-degree manslaughter, criminally negligent homicide, second- and third-degree assault, first-, second- and third-degree criminal possession of a forged instrument and related charges. The defendant was ordered released without bail and to return to court on January 28, 2021. His driver license was suspended, and he faces a maximum sentence of 15 years in prison if convicted of the top count with which he is charged.

The District Attorney said that, according to the investigation, on July 11, 2020, on 39th Street in Borough Park, the defendant, allegedly driving over 60 mph in a 25 mph zone on a wet road, lost control of his Nissan 370Z and slammed into Jose Barrera, 50, killing him.

The victim was returning from grocery shopping and had just walked his 6-year-old daughter from his minivan to the curb seconds before the collision. His wife, who was still in the passenger seat, suffered minor injuries.

It is alleged that the defendant had dangerously worn out tires that likely contributed to the crash and that he allegedly knew about them. A mechanic had warned him about the bald tires, according to the investigation. Furthermore, the vehicle could not pass a New York State inspection and a forged inspection sticker was affixed to its windshield.

The District Attorney’s Street Safety Bureau was created last summer to assist in police investigations of traffic violence cases, with emphasis on protecting bicyclists and pedestrians, responding to scenes of serious collisions in real time and coordinating support services for victims and their families, among other duties.

The case is being prosecuted by Senior Assistant District Attorney Jacob Uriel, of the District Attorney’s Street Safety Bureau, under the supervision of Assistant District Attorney Craig Esswein, Bureau Chief.

BROOKLYN, NY – Brooklyn District Attorney Eric Gonzalez, together with New York City Police Commissioner Dermot Shea, today announced that 15 alleged members of the 900 street gang are variously charged in a 77-count indictment with murder, conspiracy to commit murder and to possess weapons, attempted murder and related charges. Four additional alleged members of the 900 gang are variously charged in a separate 11-count indictment with conspiracy to commit murder and to possess weapons.

District Attorney Gonzalez said, “These indictments reflect our commitment to stem the surge in gun violence that we have experienced since last spring. Many of these defendants are accused of recklessly opening fire in broad daylight, endangering not only their rivals but innocent passersby, including children. I commend the NYPD and my prosecutors for all of the hard work that went into building these cases and am determined to continue working on similar investigations to take more shooters off our streets.”

NYPD Chief of Detectives Rodney Harrison said, “There is no place in our city for the kind of violence alleged in this case, which tears at the fabric of life for all. I commend our NYPD investigators, and the prosecutors in the Brooklyn District Attorney’s Office, for working relentlessly to ensure these alleged gang members would be brought to justice.”

The District Attorney said that eight of the defendants named in the 77-count indictment were arraigned last week in Brooklyn Supreme Court. The rest of the defendants will be arraigned on a later date. The defendants are variously charged with second-degree murder, second-degree attempted murder, first-, second- and fourth-degree conspiracy first- and second-degree assault, first-degree attempted assault, first-degree reckless endangerment and second-degree criminal possession of a weapon. The defendants face up to 25 years in prison on the top conspiracy charge and the five defendants charged with murder face up to 25 years to life in prison. (See defendant addendum).

Three of the defendants in the 11-count indictment were arraigned in Brooklyn Supreme Court. They are variously charged with second- and fourth-degree conspiracy, second-degree attempted murder, first-degree attempted assault, and second-degree criminal possession of a weapon. They face up to 25 years in prison if convicted of the top conspiracy charge.

The District Attorney said that, according to the 77-count indictment, the defendants are allegedly members of a violent street gang known as 900 Gang. 900 is an umbrella organization comprised of affiliated violent street gangs operating in Brooklyn. Stack Money Goons (SMG) and Jayson Fam (JSF) are two such gangs that affiliate themselves under the umbrella of 900. SMG and JSF control territory within the confines of the 79th precinct bordering the 90th Precinct.

It is alleged that between April 19, 2019 and November 20, 2020, 900 members engaged in violence to establish geographic dominance. SMG and JSF controlled certain geographic areas in Brooklyn, which included the Sumner Houses, Tompkins Houses and 303 Vernon Avenue developments of the New York City Housing Authority, located within the Bedford-Stuyvesant section of Brooklyn within the confines of the 79th and 81st Precincts. To achieve those goals, some 900 members participated in violent criminal acts, including murder and shootings. It is alleged that SMG and JSF’s primary rivals are members of the Hoolies gang, who operated out of a building complex located across the street from SMG and JSF territory. The Hoolies territory included 721 Willoughby Avenue and 300 Vernon Avenue, as well as the Roosevelt Houses NYCHA development.

It is alleged that 900 members committed two murders, as well as numerous shootings, during the course of the investigation:

On June 29, 2020, at approximately 1:13 p.m., Tysean Devonish allegedly posed as a young woman on Instagram and responded to a post allegedly made by Tracey Washington, an alleged Hoolie member, seeking individuals to open credit card accounts in connection with a credit card fraud scheme that he allegedly operated. They agreed to meet at 1620 Dean Street in Weeksville Gardens. At approximately 5:45 p.m., defendants Kaireil Haynie, Alexander Williams and Tysean Devonshire drove to the area and Washington took a livery car to the location. Haynie and Williams allegedly got out of the car they were in and walked toward the livery car. Haynie allegedly fired multiple times into the livery cab, striking Washington, who exited the cab and fled down Dean Street, where he collapsed. He was taken to Kings County Hospital where he was pronounced dead.

On September 28, 2020, at approximately 3:39 p.m., Alexander Williams requested a cab from Rainbow Car Service, picked up Wydeem Rudd, and traveled to Clifton and Franklin Avenues, where they exited the vehicle. The defendants, allegedly wearing hoods and masks, walked through the Lafayette Gardens housing project, entered the rear of 456 DeKalb Avenue, and allegedly ambushed and shot Tylee Felder, who was standing in front of the building. Rudd and Williams allegedly shot Felder six times, including once in the head, killing him. After shooting Felder, Rudd allegedly fired into a crowd outside the building. Two bystanders were shot and wounded.

On October 2, 2019, at approximately 1:25 p.m., Naccion McCray and Vincent Lilly allegedly walked from 303 Vernon Avenue (SMG territory) to a bodega located at 335 Vernon Avenue (Hoolie territory). As the SMG members were entering, they noticed an alleged Hoolie member was exiting. McCray allegedly took a few steps back, pulled out a pistol and fired multiple shots, striking the victim in the leg. One .40 caliber shell casing was recovered.

On October 3, 2019, at approximately 2:55 p.m., James Alston, Shawn Singletary and Jalen Elliot were walking on Graham Avenue towards Cook Street. Alston allegedly saw three rivals walking across the street in the opposite direction, drew a pistol and fired twice. There were dozens of bystanders in the area at the time, including a family with small children. One of the shots went through a store window, narrowly missing the head of an employee. Fortunately, no one was struck or injured. A .40 caliber shell casing was recovered that was a match to the casing recovered at the alleged McCray shooting scene a day earlier.

On October 31, 2020, at approximately 10:30 p.m., Jalen Elliot and two other individuals left 303 Vernon Avenue and walked to Marcus Garvey Boulevard. Elliot continued to walk southbound on Marcus Garvey, then allegedly withdrew a gun and fired at a group of individuals standing in front of 721 Willoughby Avenue. A 14-year-old girl was struck in the leg.

On May 16, 2019, at approximately 8:15 p.m., Nysair Harper rode a CitiBike from the Tompkins Houses (SMG territory) to Hart Street, opposite the Pulaski Playground, where the Hoolies had just broadcast over social media. Harper was allegedly trailed by a black sedan as he rode the bike. He allegedly fired multiple shots into the playground, then fled on the bike to where the sedan was parked nearby and got into the car. A 15-year-old victim was shot in the thumb and treated at a hospital.

During the course of the conspiracy, it is alleged, incarcerated 900 members communicated with non-incarcerated members in jail phone calls to keep up to date on the status of members or to discuss violent acts. The defendants also allegedly used social media platforms including Facebook and Instagram to demonstrate their gang membership and to broadcast gang activity. They allegedly also posted music videos to YouTube containing song lyrics referencing the status of rivalries and referring to acts of violence committed by gang members.

Additionally, gang members allegedly signified their status as shooters by adopting the names of famous basketball players on social media or in song lyrics. These basketball players included “Shaq,” “Kobe,” “Curry,” “Westbrook,” and “Harden.”

Finally, it is alleged, in the 11-count indictment that the defendants are members of 1800/Humble gang, which is also under the umbrella of 900 gang, and that they feud with rival gangs such as OTB (Only the Borough) to maintain geographic dominance in Bedford-Stuyvesant and Crown Heights. It is alleged that on December 25, 2019 Andre Starkey and Kareem Waters and others walked to the Kingsborough Houses in Crown Heights where they happened to cross paths with a rival. Waters and Starkey each allegedly pulled out a gun and fired at the person, who fled the area. No one was injured.

The SMG/JSF investigation was conducted by New York City Police Department Detective Robert Nelson and Detective Shane Maynard and the Humble investigation was conducted by Detective Darren McFadzean, all of the Gun Violence Suppression Division, under the supervision of Sergeant Scott McKenna and the overall supervision of Inspector Jason Savino.

The SMG/JSF case was additionally investigated and indicted by Assistant District Attorney Owen Sucoff, formerly of the District Attorney’s Violent Criminal Enterprises Bureau.

The SMG/JSF case is being prosecuted by Senior Assistant District Attorney Nicholas Ford and the Humble case is being prosecuted by Assistant District Attorney Kenneth Gresham, both of the District Attorney’s Violent Criminal Enterprises Bureau, under the supervision of Assistant District Attorneys Jennifer Cilia and Leila Rosini, Deputy Bureau Chiefs, and Assistant District Attorney Alfred DeIngeniis, Bureau Chief, and the overall supervision of Raymond Tierney, Executive Assistant District Attorney for the Crime Strategies Unit and Violent Criminal Enterprises Bureau.

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

77-COUNT INDICTMENT DEFENDANT ADDENDUM:

Jabari Albright, 17, of East Harlem, New York.
James Alston, 18, of Bedford-Stuyvesant, Brooklyn.
Tysean Devonish, 23, of Bedford-Stuyvesant, Brooklyn.
Jalen Elliot, 16, of Weeksville, Brooklyn.
Lamel Gunn, 20, of Brownsville, Brooklyn.
Nysair Harper, 17, of Far Rockaway, New York.
Kaireil Haynie, 18, of Stuyvesant Heights, Brooklyn.
Lamique Haynie, 20, of Stuyvesant Heights, Brooklyn.
Vincent Lilly, 18, of Bedford-Stuyvesant, Brooklyn.
Naccion McCray, 19, of East New York, Brooklyn.
Zion McDuffie, 20, of Bedford-Stuyvesant, Brooklyn.
Ronald Roberts, 19, of Bedford-Stuyvesant, Brooklyn.
Wydeem Rudd, 21, of Bronx, New York.
Shawn Singletary, 19, of Stuyvesant Heights, Brooklyn.
Alexander Williams, 24, of Brownsville, Brooklyn.

11-COUNT INDICTMENT DEFENDANT ADDENDUM:

Infinite Berry, 21, of Bedford-Stuyvesant, Brooklyn.
Isaiah Johnson, 20, of Bedford-Stuyvesant, Brooklyn.
Andre Starkey, 20, of East New York, Brooklyn.
Kareem Waters, 22, of Bedford-Stuyvesant, Brooklyn.