Manhattan District Attorney Alvin L. Bragg, Jr., today announced the indictment of LUIS PEROZA, 39, and GERALD BARTH, 55, for an assault and robbery spree in the East Village, including an attack on the elderly owner of Ray’s Candy Store. PEROZA and BARTH are charged in a New York State Supreme Court indictment with three counts of Assault in the First Degree, two counts of Robbery in the First Degree, two counts of Attempted Robbery in the First Degree, one count of Robbery in the Second Degree, one count of Assault in the Second Degree and one count of Attempted Robbery in the Second Degree.[1]
“Ray’s Candy Store is a beloved staple in the East Village community, and the attack on its owner is deeply upsetting to everyone who has ever visited this local institution. In addition to this alleged assault, these defendants are also charged with attacking two other strangers on the street within mere hours,” said District Attorney Bragg. “My office continues to zero in on violence every day because New Yorkers deserve to feel safe in their workplace or walking around their neighborhood without the fear of being attacked.”
According to court documents and statements made on the record in court, on January 31, 2023, at approximately 3:00 am, PEROZA approached the 90-year-old owner of Ray’s Candy Store, who was standing outside of the store on Avenue A. PEROZA asked if the owner would purchase canned drinks from him, but the owner declined. PEROZA handed the drinks to BARTH before he returned to the owner and struck him in the head with an unknown weapon, cutting his face and giving him a black eye, fracturing facial bones, and breaking his jaw.
Approximately half an hour later, PEROZA and BARTH demanded money from a 33-year-old man as he left a deli on Avenue C. The victim said he did not have money, and PEROZA struck him with an unknown object on his face, breaking his orbital bone and causing a severe laceration.
Several hours later, BARTH approached a 51-year-old man on Avenue B and asked for a cigarette. When the man declined, PEROZA approached him and struck him in the back of the head with an unknown object. PEROZA then grabbed his cell phone before continuing to strike him with the object multiple times, cutting his face, knocking out a tooth, and fracturing facial bones.
Assistant D.A. Caroline Rowley (Trial Bureau 40) is handling the prosecution of this case, under the supervision of Robert Ferrari (Bureau Chief of Trial Bureau 40), Siobhan Carty (Deputy Bureau Chief of Trial Bureau 40) and Lisa DelPizzo (Chief of the Trial Division).
D.A. Bragg thanked the New York City Police Department’s 9th Precinct, particularly Detective Matthew Santoro.
Defendant Information:
LUIS PEROZA
New York, New York
Charged:
- Assault in the First Degree, a class B felony, three counts
- Robbery in the First Degree, a class B felony, two counts
- Attempted Robbery in the First Degree, a class C felony, two counts
- Robbery in the Second Degree, a class C felony, one count
- Attempted Robbery in the Second Degree, a class D felony, one count
- Assault in the Second Degree, a class D felony, one count
GERALD BARTH
New York, New York
- Assault in the First Degree, a class B felony, three counts
- Robbery in the First Degree, a class B felony, two counts
- Attempted Robbery in the First Degree, a class C felony, two counts
- Robbery in the Second Degree, a class C felony, one count
- Attempted Robbery in the Second Degree, a class D felony, one count
- Assault in the Second Degree, a class D felony, one count
[1] The charges contained in the indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty. All factual recitations are derived from documents filed in court and statements made on the record in court.
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