Detective James Donovan Perjury Complaint

05/18/2023 10:54:53 AN -0400 FAXCOM PAGE1 0F7 I 1111111 11111 11111 11111 liii 1111111111 11111 11111 11111 11111 11111 11111 11111 1111111111 11111 11111 11111 11111 11111 11111 liii liii AFFL[ I042277 1038276 QCDA Intake Affidavit Cover Sheet Use this cover sheet when faxing the signed complaint affidavit for defendant(s): DONOVAN,JAMES ** Fax the materials to 718-520-4050 *** 05/18/2023 10:5'-FAM (GMT-0'-t:OO) 05/18/2023 10:54:53 AN -0400 FAXCOM PAGE 2 OF 7 I 111110 1011111 loll lID 11111111111101111111111 VIII Dli! III!! 1111111 DIII III DIII 11111 liii! 1101 OF! 11111 I Ill! A FF1:: 0-12277. 0 '76 CRIMINAL COURT OF THE CITY OF NEW YORK PART APAR, COUNTY OF QUEENS THE PEOPLE OF THE STATE OF NEW YORK it. JAMES DONOVAN (42Y) 09531514Q DEFENDANT Q236 18 824 STATE OF NEW YORK COUNTY OF QUEENS DETECTIVE THOMAS KAUP OF QUEENS COUNTY DISTRICT ATTORNEY'S OFFICE, SHIELD NUNBER 913, BEING DULY SWORN, DEPOSES AND SAYS THAT ON OR ABOUT AUGUST 11 2021 BETWEEN 12:01AM AND 11:59PM, IN FRONT OF 120-55 QUEENS BOULEVARD, COUNTY OF QUEENS, STATE OF NEW YORK, THE DEFENDANT COMMITTED THE OFFENSES OF: PL 210.15 [DF] PERJURY IN THE FIRST DEGREE PL 210.05 [AM] PERJURY IN THE THIRD DEGREE PL 210.15 [DF] PERJURY IN THE FIRST DEGREE SWEAR FALSELY AND HIS FALSE STATEMENT CONSISTED AND WAS MATERIAL TO THE ACTION, PROCEEDING OR MATTER WAS MADE; PL 210.05 [AN] PERJURY IN THE THIRD DEGREE SWEAR FALSELY. THE ABOVE OFFENSES WERE COMMITTED AS FOLLOWS: OF TESTIMONY IN WHICH IT DEPONENT STATES THAT HE IS INFORMED BY ASSISTANT DISTRICT ATTORNEY ELIZABETH VANBUSKIRK OF THE QUEENS COUNTY DISTRICT ATTORNEY'S OFFICE THAT SHE WAS ASSIGNED TO HANDLE THE CASE OF THE PEOPLE OF THE STATE OF NEW YORK V. OTTO SYKES, INDICTMENT # 1062/2021, A MATTER BEFORE THE SUPREME COURT OF THE STATE OF NEW YORK, QUEENS COUNTY, CRIMINAL TERM. DEPONENT STATES THAT HE IS FURTHER INFORMED BY ASSISTANT DISTRICT ATTORNEY ELIZABETH VANBUSKIRK THAT ON NOVEMBER 2ND, 2020, AT 10:30 HOURS, OTTO SYKES (Q20626359), WAS ARRESTED WITHIN THE CONFINES OF THE 113 PRECINCT AND CHARGED WITH ONE COUNT OF P.L. 120,10-1 (B FELONY) ASSAULT IN THE FIRST DEGREE, TWO COUNTS OF P.L. 265.03(1) (B) (C FELONY) CRIMINAL POSSESSION OF A WEAPON IN THE SECOND DEGREE, TWO COUNTS OF P.L, 265.03(3) (C FELONY) CRIMINAL POSSESSION OF A WEAPON IN THE SECOND DEGREE, AND TWO COUNTS OF P.L. 265.01-B-i CE FELONY) CRIMINAL POSSESSION OF A FIREARM. 05/18/2023 10:5'+AM (GMT-0'+:OO) 05/18/2023 10:54:53 AN -0400 FAXCOM PAGE 3 OF 7 11111 IIH DII DIII III! DIII IF DIII 11111 lID III] DID lID III! 111111111 11111 liii 11111 1111 11111 III III! 1111 APT2U104::77E 1038276 DOOVAN.JANES Q23618824 DEPONENT STATES THAT HE IS FURTHER INFORMED BY ASSISTANT DISTRICT ATTORNEY ELIZABETH VANBUSKIRK THAT ON AUGUST 11, 2021, THE CASE OF THE PEOPLE OF THE STATE OF NEW YORK V. OTTO SYKES, INDICTMENT if 1062/2021 WAS PRESENTED BEFORE THE QUEENS COUNTY GRAND JURY. DEPONENT STATES THAT HE IS FURTHER INFORMED BY ASSISTANT DISTRICT ATTORNEY ELIZABETH VANBUSKIRK THAT ON AUGUST 11, 2021, THE DEFENDANT WAS SWORN IN BEFORE THE QUEENS COUNTY GRAND JURY WHERE HE PROVIDED TESTIMONY IN THE CASE OF THE PEOPLE OF THE STATE OF NEW YORK V. OTTO SYKES, INDICTMENT if 1062/2021. DEPONENT STATES THAT HE HAS OBTAINED AND REVIEWED THE RECORDS OF THE QUEENS COUNTY GRAND JURY FOR THE PEOPLE OF THE STATE OF NEW YORK V. OTTO SYKES, INDICTMENT if 1062/2021, PURSUANT TO AN UNSEALING ORDER ISSUED BY JUDGE CIMINO ON JUNE 22, 2022. DEPONENT FURTHER STATES THAT THE CASE OF THE PEOPLE OF THE STATE OF NEW YORK V. OTTO SYKES, INDICTMENT if 1062/2021, WAS PRESENTED BEFORE THE QUEENS GRAND JURY ON AUGUST 11, 2021 AND SEPTEMBER 15, 2021. DEPONENT FURTHER STATES THAT SAID RECORD CONTAINS THE SWORN TESTIMONY OF THE DEFENDANT BEFORE THE QUEENS COUNTY GRAND JURY IN THE CASE OF THE PEOPLE OF THE STATE OF NEW YORK V. OTTO SYKES, INDICTMENT if 1062/2021. DEPONENT FURTHER STATES THAT ON AUGUST 11, 2021, THE DEFENDANT TESTIFIED BEFORE THE QUEENS COUNTY GRAND JURY ON THE NATURE OF THE CIRCUMSTANCES UNDER WHICH OTTO SYKES WAS ARRESTED, AS FOLLOWS: Q. I'D LIKE TO DIRECT YOUR ATTENTION TO NOVEMBER 2ND OF 2020, WERE YOU WORKING ON THIS DAY? A.YES, I WAS. Q. WHAT WAS YOUR SCHEDULE TOUR? A. MY SCHEDULE TOUR WAS 4:27 IN THE MORNING BY 1:00 IN THE AFTERNOON. Q. ON THIS DATE WHAT, IF ANYTHING, HAPPENED? A. I RECEIVED A TIP THROUGH CRIME STOPPERS VIA E-MAIL THAT MR. OTTO SYKES WAS STAYING WITH HIS GIRLFRIEND AND SLEEPING IN A CAR IN THE BACK REAR OF THE LOCATION. Q. AND, WHAT WAS THE ADDRESS OF THIS LOCATION? A. CAN I GO BACK TO MY NOTES, PLEASE? Q. YES, JUST LET US KNOW WHAT YOU'RE LOOKING AT AND WHEN YOU'RE DONE REFRESHING YOUR RECOLLECTION, LOOK UP AND TELL US THE LOCATION. A. LIKE, MY NOTES I WROTE IN MY PAD WITH THE ADDRESS. IT WAS 115-14 203 STREET IN QUEENS COUNTY. Q. THANK YOU. CAN YOU DESCRIBE FOR THE MEMBERS OF THE GRAND JURY WHAT CRIME STOPPERS IS? A. CRIME STOPPERS IS A HOT LINE FOR THE GENERAL PUBLIC. IF THEY KNOW SOMETHING ABOUT A CERTAIN CASE, THEY WILL CALL ANONYMOUSLY THE HOTLINE TO GIVE INFORMATION THAT THE CASE DETECTIVES NEED TO MAKE AN APPREHENSION. Q. WAS THIS PARTICULAR TIP ANONYMOUS? A. YES, IT WAS. 05/18/2023 10:5'+AM (GMT-0'+:OO) 05/18/2023 10:54:53 AN -0400 FAXCOM PAGE4 0F7 1111111 liii liii DIII IDI I liii III 1111 11111 11111 11111 1111 1111 III! I 11111 III 11111 11111 11111 11111 11111 liii 1111 III 1. Tc,4:277{yt82Th D0N0VAN,J8 023618824 Q. YOU SAID IT CAME IN BY E-MAIL? A, YES, IT DID. Q. DID THERE COME A POINT IN TIME WHEN YOU WENT TO THAT LOCATION? A. YES. Q. AND, APPROXIMATELY WHAT TYPE WAS THAT? A. 6:45 IN THE MORNING. Q. THIS IS NOVEMBER 2, 2020? A. YES. NOVEMBER 2ND. Q. WHAT TYPE OF LOCATION WAS -- DID YOU NOTICE WHEN YOU RESPONDED? A. IT'S A TWO-FAMILY HOUSE. Q. WHAT, IF ANYTHING, DID YOU DO WHEN YOU ARRIVED? A. WHEN WE ARRIVED AT THE LOCATION WE KNOCKED ON THE DOOR -- I KNOCKED ON THE DOOR A FEW TIMES IN THE FRONT. NOBODY WAS ANSWERING THE DOOR, SO THEN I LED - BROUGHT MYSELF TO THE BACK OF THE LOCATION WHERE --- TO WHERE I SEEN A 2018 WHITE HYUNDAI ELANTRA PARKED IN THE BACK, RUNNING. Q. WHEN YOU SAY THE BACK OF THE LOCATION, CAN YOU DESCRIBE WAS THIS A STREET, BACKYARD? WHAT WAS IT? A. IT WAS A, LIKE, A LONG DRIVEWAY THAT LED TO THE ALLEYWAY FOR CARS TO PARK AND PEOPLE TO WALK THROUGH IN THE BACK OF THE HOUSES. Q. WAS THE ENTRY TO THIS ALLEYWAY GATED? A. IT WAS ACTUALLY GATED, BUT IT WAS A SHORT GATE SO YOU CAN SEE WHAT'S IN THE BACK. Q. HOW DID YOU APPROACH THE BACK OF THIS LOCATION? A. I WALKED THROUGH THE GATE. Q. CAN YOU DESCRIBE WHAT YOU OBSERVED INSIDE THE VEHICLE, IF ANYTHING? A. I OBSERVED MR. OTTO SYKES SLEEPING IN THE REAR SEAT. HIS HEAD SIDE WAS ON THE PASSENGER FRONT SEAT. Q. SO, HIS HEAD WAS BEHIND THE PASSENGER SEAT? A. SORRY. BEHIND, YES. Q. WAS HE LAYING DOWN ALONG THE BACK SEAT? A. YES, HE WAS LAYING ON THE BACK SEAT. Q. YOU SAID YOU SAW HE WAS SLEEPING. CAN YOU DESCRIBE IN A BIT MORE DETAIL HOW YOU CAME TO THIS CONCLUSION? A. I KNOW IT WAS HIM. HIS FACE WAS NOT COWERED AT ALL, I COULD SEE THAT IT WAS HIM THROUGH MY PICTURES THAT I -- FROM THE COMPUTER CHECKS I HAD AND I NOTICED IT WAS HIM. Q. WHEN YOU SAID HE WAS SLEEPING, WHAT ELSE DID YOU NOTICE ABOUT HIM? A. I MEAN, HE WAS SLEEPING AND HE WAS LYING ON HIS SIDE. Q. WERE HIS EYES OPEN OR CLOSED? A. THEY WERE CLOSED. 05/18/2023 10:5'+AM (GMT-0'+:OO) 05/18/2023 10:54:53 AN -0400 FAXCOM PAGES 0F7 11111111 11111 loll 111111011 DIII Ill III! 1101 11111 11111 1111 11111111!!!! 11111 III 11111 11111 11111 11111 11111 liii III! Ill! ArFi;1N22?7f DOMOVAN,JAS Q23618824 Q. WHEN YOU SAY THE CAR WAS RUNNING, CAN YOU DESCRIBE HOW YOU MADE THAT DETERMINATION? A. WELL, AT THE TIME THAT WE WERE AT THE LOCATION I WAS REALLY QUIET AND I COULD HEAR THE ENGINE RUNNING AND IT CAME FROM THAT CAR. Q. WHAT WAS THE TEMPERATURE THAT DAY, IF YOU REMEMBER? A. MAYBE IN THE FIFTIES, SIXTIES. Q. WHAT, IF ANYTHING, DID YOU DO ONCE YOU OBSERVED THE DEFENDANT ASLEEP IN THE BACK OF THE CAR? A. I OPENED UP THE CAR DOOR AND I IDENTIFIED WHO I WAS AND HE WOKE UP AND I PULLED HIM OUT OF THE CAR AND PLACED HIM IN HANDCUFFS. Q. WHAT, IF ANYTHING, ELSE DID YOU OBSERVE IN THE VEHICLE AT THAT TIME? A. I NOTICED A PINK AND WHITE FIREARM ON THE FLOOR WHERE HIS HEAD WAS, BEHIND THE PASSENGER SEAT. Q. THIS WAS ON THE FLOOR UNDERNEATH THE PASSENGER SEAT, IS THAT WHAT YOU SAID? A. YES. IT WASN'T UNDER, IT WAS BY IT, BUT YOU CAN NOTICE IT IF YOU'RE LOOKING INTO THE CAR. Q. WHAT, IF ANYTHING -- WITHDRAWN. WAS THERE A MAGAZINE INSERTED INTO THIS FIREARM? A. WHEN I SAW IT, YES. Q. DID THERE COME A POINT IN TIME WHERE YOU WERE ABLE TO DETERMINE IF THERE WAS AMMUNITION INSIDE? A. YES. Q. APPROXIMATELY HOW MANY ROUNDS OF AMMUNITION WAS INSIDE? A. THERE WAS ONE BULLET. Q. WHAT, IF ANYTHING, DID YOU DO WITH THE FIREARM NEXT? A. WE I GAVE IT TO EVIDENCE COLLECTION AND THEN THEY DUST IT FOR PRINTS AND IT'S SENT TO THE LAB. Q. DID THERE COME A POINT IN TIME WHEN YOU VOUCHERED THIS FIREARM? A. YES. DEPONENT STATES THAT HE IS INFORMED BY ASSISTANT DISTRICT ATTORNEY ELIZABETH VANBUSKIRK, THAT THE QUEENS GRAND JURY VOTED TO INDICT OTTO SYKES ON SEPTEMBER 15, 2021. DEPONENT STATES THAT HE IS FURTHER INFORMED BY ASSISTANT DISTRICT ATTORNEY ELIZABETH VANBUSKIRK, THAT ON OR ABOUT MARCH 9, 2022, IN PREPARATION FOR A HEARING, SHE PROVIDED THE DEFENDANT A COPY OF HIS TESTIMONY MADE ON AUGUST 11, 2021, BEFORE THE QUEENS COUNTY GRAND JURY. DEPONENT STATES THAT HE IS FURTHER INFORMED BY ASSISTANT DISTRICT ATTORNEY ELIZABETH VANBUSKIRK THAT AFTER REVIEWING HIS GRAND JURY TESTIMONY THE DEFENDANT ADMITTED TO HER IN SUN AND SUBSTANCE THAT THAT HE HAD NOT TESTIFIED ACCURATELY BEFORE THE QUEENS COUNTY GRAND JURY AND THAT HIS TESTIMONY WAS NOT REFLECTIVE OF THE INCIDENTS AS THEY 05/18/2023 10:5'+AM (GMT-0'+:OO) 05/18/2023 10:54:53 AN -0400 FAXCOM PAGE 6 OF 7 11110 DI VII lIt liii I 11111 III 1110 III!! lull VIII lilt lHtl lID 11001111 lID 11111 1011 lvi III! 11111 101 HI Fl. F)4277OS2?6 DONOVAN.JANZS 023618824 OCCURRED. DEPONENT STATES THAT HE IS FURTHER INFORMED BY ASSISTANT DISTRICT ATTORNEY ELIZABETH VANBUSKIRK, THAT AS A RESULT OF THE DEFENDANT'S TESTIMONY BEFORE THE QUEEN'S COUNTY GRAND JURY. IN THE MATTER OF THE PEOPLE OF THE STATE OF NEW YORK V. OTTO SYKES, INDICTMENT # 1062/2021, AND HIS LATER ADMISSION, THE PEOPLE DISMISSED THE CHARGES RELATED TO THE DEFENDANT'S TESTIMONY BEFORE THE QUEENS COUNTY GRAND JURY. DEPONENT STATES THAT HE IS INFORMED BY ASSISTANT DISTRICT ATTORNEY ELIZABETH VANBUSKIRK, THAT THE DISMISSED CHARGES WERE ONE COUNT OF P.L. 265.03 (1) (B) (C FELONY) CRIMINAL POSSESSION OF A WEAPON IN THE SECOND DEGREE, ONE COUNT OF P.L. 265.03(3) (C FELONY) CRIMINAL POSSESSION OF A WEAPON IN THE SECOND DEGREE, AND ONE COUNT OF P.L. 265.02-1 (D FELONY) CRIMINAL POSSESSION OF A WEAPON IN THE THIRD DEGREE. DEPONENT STATES THAT HE IS ASSIGNED TO CONDUCTED AN INVESTIGATION INTO THE TESTIMONY OF THE DEFENDANT AND THE ARREST OF OTTO SYKES AND THAT HE INTERVIEWED MEMBERS OF THE NYPD QUEENS WARRANT SQUAD. DEPONENT STATES THAT HE IS INFORMED BY DETECTIVE THOMAS BATES, TAX# 950055 OF THE QUEENS WARRANTS SQUAD, THAT ON NOVEMBER 2ND, 2020, HE WAS IN THE REAR YARD OF 115-14 203 STREET, QUEENS COUNTY, AT THE tIME OF OTTO SYKES'S ARREST. DEPONENT STATES THAT HE IS INFORMED BY DETECTIVE THOMAS BATES THAT IT WAS HE WHO OBSERVED OTTO SYKES SLEEPING IN THE REAR OF A MOTOR VEHICLE PARKED AT SAID LOCATION, THAT HE WOKE OTTO SYKES, AND THAT HE REMOVED OTTO SYKES FROM SAID MOTOR VEHICLE. DEPONENT STATES THAT HE IS INFORMED BY DETECTIVE THOMAS BATES THAT THE DEFENDANT WAS NOT PRESENT WITH HIM AT THAT TIME. DEPONENT FURTHER STATES THAT HE IS INFORMED BY SERGEANT CLAIRE LINDNER, TAX# 955067 OF THE INTERNAL AFFAIRS BUREAU THAT ON NOVEMBER 2ND, 2020, SHE WAS AT THE REAR OF 115-14 203 STREET IN QUEENS COUNTY, AT THE TIME OF OTTO SYKES ARREST. DEPONENT STATES THAT HE IS INFORMED BY SERGEANT CLAIRE LINDNER THAT SHE OBSERVED DETECTIVE THOMAS BATES IN THE REAR YARD OF SAID LOCATION, AND THAT SHE OBSERVED DETECTIVE BATES REMOVE OTTO SYKES FROM THE ABOVE-MENTIONED MOTOR VEHICLE. DEPONENT STATES THAT HE IS INFORMED BY SERGEANT CLAIRE LINDNER THAT THE DEFENDANT WAS WITH THEM AND THE DEFENDANT WAS NOT IN THE REAR OF THE ABOVE￾MENTIONED LOCATION WITH DETECTIVE THOMAS BATES WHEN OTTO SYKES WAS REMOVED FROM THE ABOVE-MENTIONED MOTOR VEHICLE. 05/18/2023 10:5'+AM (GMT-0'+:OO) 05/18/2023 10:54:53 AN -0400 FAXCOM PAGE7 0F7 lUll 11111011 OIl 1111 11111111 11111 Hill 11111 MDIV lID Ill!!!! IOU III 1110 lEO 11111 Iii 1110 1111 110 III! AEFflTo427 I DONOVAN,JAfrIES Q23619824 FALSE STATEMENTS MADE IN THIS DOCUMENT ARE PUNISHABLE AS A CLASS A MISDEMEANOR PURSUANT TO SECTION 210.45 OF THE PENAL LAW c '8/2 DATE SIGNATURE SWORN TO BEFORE ME ON THE DAY OF DATE SIGNATURE 05/18/2023 10:5'-FAM (GMT-0'-t:OO)