News From Bronx District Attorney Darcel Clark

BRONX MAN SENTENCED TO JAIL FOR ABUSING SMALL DOG Defendant Kicked Dog In Head And Sent It Flying Into Brick Wall; Canine’s Eye Had To Be Surgically Removed

  Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been sentenced to two years in jail for kicking a small, 10-year-old dog on a Bronx street, leaving the canine with multiple injuries. 

 District Attorney Clark said, “The defendant pleaded guilty to kicking a Chihuahua mixed breed dog and will now serve the maximum two-year sentence for the attack. The dog has been traumatized after losing an eye and suffering multiple injuries. We will continue to prosecute those who commit such cruelty against defenseless animals.” 

 District Attorney Clark said the defendant, Dwayne Smith, 28, of 3538 Tryon Avenue, was sentenced today to two years in jail by Bronx Supreme Court Justice April Newbauer. The defendant pleaded guilty to Aggravated Cruelty to Animals on November 14, 2018. He cannot own an animal for ten years and must register with the NYC Animal Abuse Registry. 

 According to the investigation, on February 21, 2018 on the corner of Wayne Avenue and East Gun Hill Road in the Bronx, the defendant was in a dispute with the dog’s owner and her family members. Nearby surveillance camera video showed the defendant kick the 11- pound dog, named Pooches, in the head with tremendous force, sending her up in the air for several feet until she hit a brick wall. Pooches then fell to the ground unconscious with her right eye bleeding and bulging out of its socket. The dog suffered a fractured cheekbone, extensive bruising, and had to have her eye surgically removed.

 District Attorney Clark thanked Dr. Alison Liu, Forensic Veterinarian of ASPCA; Erin Satterthwaite, Bronx Legal Advocacy Counsel, ASPCA; and NYPD Officer Nicholas Konner of the 52nd Precinct for their assistance.

BRONX MAN SENTENCED TO 14 YEARS IN PRISON FOR RAPING 64-YEAR-OLD WOMAN IN HER APARTMENT Defendant Followed Victim, Who Uses a Walker, Into Her Building

 Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been sentenced to 14 years in prison for sexually assaulting a 64-year-old woman who used a walker. 

 District Attorney Clark said, “The defendant forced himself into the victim’s apartment and raped her while threatening to kill her. Today’s sentence keeps a dangerous sexual predator off our streets.” 

 District Attorney Clark said the defendant, Unga Smith, 41, who was living in the Bronx Psychiatric Center at the time, was sentenced to 14 years in prison and 20 years post-release supervision today by Bronx Supreme Court Justice Ralph Fabrizio. He will continue to be registered as a sex offender upon his release from incarceration. The defendant pleaded guilty to first-degree Rape on January 24, 2019. 

 According to the investigation, on the evening of January 8, 2018, inside a building in Norwood, the defendant raped the victim inside her apartment. Video surveillance showed Smith following the victim into her building and elevator. He then forcefully entered her apartment, dragged her into her bedroom and engaged in multiple sexual acts with her. Smith intimidated the victim by telling her he had a gun and that he would kill her.

 District Attorney Clark thanked NYPD Detective Christopher D. Ort, formerly of the Bronx Special Victims Squad, and NYPD Detective Evan Johnson of the Bronx Special Victims Squad for their assistance in the investigation.

BRONX DISTRICT ATTORNEY DARCEL D. CLARK STATEMENT TO CITY COUNCIL COMMITTEES ON PUBLIC SAFETY RE: legalization of marijuana 

  As legalization of marijuana approaches a reality in our state, I and my fellow prosecutors have worked to reform our criminal justice system, including reducing the harmful impacts that the criminalization of marijuana has had on individuals. At the same time, we must maintain public safety. This requires balancing the arc of justice while ensuring the rule of law.

 I am mindful of the disproportionate impact of marijuana arrests on young people of color in the Bronx. In the fourth quarter of 2018 alone, approximately 90 percent of individuals arrested for marijuana possession in the Bronx were either Black or Hispanic.

 As such, until a change in the Penal Law occurs, when an arrest is made for marijuana possession and burning cases, I have instructed Assistant District Attorneys in my Office to decline to prosecute the arrest when only a marijuana charge appears on the complaint, and then direct the police officer to issue a summons.

 This policy carefully weighs the public safety concerns with the realization that far too often these prosecutions create undue obstacles on individuals and the community as whole. 

 When legalization occurs, I stand ready to work with all stakeholders –my fellow district attorneys, the City Council, the Mayor, and others – on successful implementation of legislation such as those pending before the City Council and expunging past misdemeanor marijuana convictions. This helps us move forward by improving public safety, reducing collateral consequences, and creating a fairer and more equitable criminal justice system.