Monday, March 14, 2005

D.A. BROWN: FUGITIVE CHARGED IN SERIES OF HOME BURGLARIES FOLLOWING EXTRADITION FROM FLORIDA; FACES UP TO 15 YEARS IN PRISON

Queens District Attorney Richard A. Brown announced today that a fugitive -- sought since last June after allegedly jumping bail in Queens County and absconding –- has been charged in a series of additional home burglaries following his extradition from Hialeah, Florida.

District Attorney Brown said, “The defendant has been charged with committing a series of home burglaries last year in Queens County and with jumping bail. As a result of excellent detective work, he was traced to Florida, apprehended and returned to Queens County to face prosecution.”

The District Attorney identified the defendant as James Gutierrez, 43, of 108-20 51st Avenue in Corona, Queens, no employment known. The defendant has been charged with Burglary in the Second Degree and Petit Larceny in a criminal complaint. He also faces prosecution for Burglary in the Second Degree, Criminal Possession of Stolen Property in the Third Degree and Grand Larceny in the Third Degree in an indictment. In addition, he has been charged with Bail Jumping in the First Degree. He faces up to 15 years in prison if convicted.

District Attorney Brown said that the defendant on March 9th was returned to New York from Hialeah, Florida where he was apprehended on February 22nd at his girlfriend’s townhouse. The defendant was arraigned on March 10th before Queens Criminal Court Judge Lenora Gerald who ordered him remanded without bail and set a return date of March 31, 2005.

The District Attorney said that according to the criminal complaint on April 29, 2003 between 12:30 p.m. and 8:30 p.m. the defendant unlawfully entered a residence on street name no number in Elmhurst, Queens by forcing open the front door and stole personal property, including earrings and a watch.

District Attorney Brown said that it is additionally alleged that on August 1, 2003 at about what time of day the defendant unlawfully entered a residence on street name no number in neighborhood, Queens and stole personal property including list times valued at about list amount.

According to the District Attorney, prosecution are investigating the defendant’s possible connection to a wave of home burglaries in Queens last winter committed by a gang of thieves that targeted expensive homes in affluent neighborhoods including Bayside, College Point, Whitestone and Flushing and ripped off property value at over $1.5 million.

The investigation was conducted by Detective Frederick Nocella of the New York City Police Department’s 110th Precinct Squad under the supervision of rank name name and Detective name name of the NYPD Organized Theft Task Force under the supervision of rank name name and Police Officer Christine Bastedenbeck of the Queens North Evidence Collection Team and Detective Douglas Carter of the NYPD Latent Print Section under the supervision of rank name name under the overall supervision of Chief of Detectives George F. Brown with the assistance of the Hialeah Police Department.

The case is being prosecuted by Assistant District Attorney Maryam A. Lipkansky of the District Attorney's Career Criminal Major Crimes Bureau under the supervision of Assistant District Attorney James W. Evangelou, Bureau Chief, and Assistant District Attorney Brad A. Leventhal, Deputy Bureau Chief, and the overall supervision of Senior Executive Assistant District Attorney for Trials James C. Quinn and Deputy Executive Assistant District Attorney for Trials John H. Larsen.

It should be noted that criminal complaints and indictment are merely accusations and that a defendant is presumed innocent until proven guilty.