October 2018 E-Newsletter
Civil Rights and Personal Injury and General Practice Law Firm, Dedicated to Social Justice
On September 25, 2018, the Honorable Tricia M. Ferrell of the District Court of Nassau County, First District Criminal, Part 1, dismissed charges of Stalking in the Fourth Degree against the defendant after the prosecution claimed she distributed pamphlets at the complainant’s residence and workplace accusing the police, fire and sanitation departments of harassing and stalking her.
After making complaints about sanitation workers, the tables were turned on her and Ms. Thompson was falsely charged with violating Penal Law §§ 120.45(3) (Stalking in the Fourth Degree). Ms. Thompson was arrested on Thursday March 29, 2018, taken to the 1st Precinct, and was arraigned in Criminal Court on Monday April 16, 2018. Defendant pleaded not guilty to all charges and maintained her innocence to the charges, until they were dismissed following the filing of a motion to dismiss by the Law Offices of Frederick K. Brewington. Prior to this incident, Ms. Thompson had never had any contact with the criminal justice system. The incidents at the basis of the charge allegedly took place on or about September 7, 2017 and September 8, 2017. Ms. Thompson was not arrested, however, until March 29, 2018, at her home, in which she has resided for twenty one (21) years, located in Nassau County.
According to Police records, Ms. Thompson had complained to local police that she was a victim of a neighbor with ties to the sanitation department who was using his authority as a supervisor to stalk her and have his co-workers misuse their sanitation trucks and vehicles to create a nuisance against Mr. Thompson and disrupt the quite enjoyment of her home and her business. Ms. Thompson had sought the assistance of law enforcement on more than one occasion since 2016, but her cries have been ignored continuously. On one particular occasion, Ms. Thompson spoke with Detective Dalton at the 1st Precinct about sanitation trucks constantly passing her home and sitting on her street — even on days when garbage was not scheduled for pickup. She informed Detective Dalton that the trucks pass through her street, sit and wait and when and if she decides to leave her home, they pull off or they wait and follow her, often showing up at locations where she is present. Detective Dalton told Ms. Thompson that the sanitation workers could pass as much as they wanted to and so he was not going to help her or file a report.
On June 18, 2018, attorneys Tricia S. Lindsay and Frederick K. Brewington of the Law Offices of Frederick K. Brewington worked on this case and filed motions to dismiss the false and malicious charges against Mr. Thompson. After a hard-fought battle, on September 25, 2018, the Honorable Tricia Ferrell of the Nassau County District Court issued a written decision dismissing the charges against Mr. Thompson. Judge Ferrell wrote:
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[T]he sole charge filed against the defendant [Ms. Thompson] is dismissed. It [is] unknown why the aforementioned defects raised by the defendant haven’t been cured, especially since these charges have been pending for quite some time and the defendant’s motion was filed approximately two (2) months ago. In light of the amount of time which has elapsed since the filing of this accusatory instrument, the prosecution’s inability to announce “readiness” since that filing was insufficient and not effort has been made to rectify the deficiency, the case is hereby dismissed. Criminal Procedure Law Sections 170.30(1)(a), (e) and (f).
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