Police Were Watching As Swindle Unraveled
A lottery scam that local police say has victimized Latino communities throughout Long Island and in New York City struck the Village of East Hampton Friday afternoon, the second time this year.
At about 1:30 p.m. that day, Sgt. Gerard Larsen's suspicions were aroused by the actions of four people in a white Chrysler Fifth Avenue with New Jersey plates. Sergeant Larsen said he first noticed the four driving slowly near Hook Mill, staring at a young man who was walking a bicycle on the opposite sidewalk, from Pantigo Road toward the village business center.
In front of the Devlin McNiff real estate office, Sergeant Larsen said, the car pulled over abruptly. One of its passengers, later identified as Carlos Torres, 42, of Elmhurst approached the man, Elmer Guzman Garcia, a 22-year-old who lives on Morris Park Lane in East Hampton, and struck up a conversation.
A Cut Of The Prize
According to the story Mr. Garcia later told police, Mr. Torres asked him if he spoke Spanish, and, when he responded in the affirmative, first said he was ill and then told him he had a winning lottery ticket worth $160,000, which he could not cash in for lack of proper identification.
Police said this week that the approach was typical. The victim is promised a cut of the prize if he or she will provide their own cash and help the con artist claim the money.
Indeed, Mr. Garcia told police, Mr. Torres promised him $4,000 in return for his help.
As Sergeant Larsen continued to watch, a second man got out of the Chrysler and approached the two on the sidewalk. Mr. Garcia told police they gave no sign of knowing each other.
Playing Their Parts
All three began walking toward the CVS drugstore, eventually stopping by the bench in front, where they were watched by Sergeant Larsen and a seasonal police officer, Brian Lester, through binoculars from the unmarked car, which was parked nearby.
As they walked, said Mr. Garcia, Mr. Torres was telling the story of the lottery ticket to his confederate, who played the part of an eager listener. He, too, could help, he said, and pulled out a wad of cash and identification to prove it.
Meanwhile the white car, with two others still inside, parked on nearby Gay Lane.
Mr. Garcia was soon seen to hop on his bike, headed north in the direction of his house. The car, now with four occupants, tried to follow, police said, but, unfamiliar with the roads, lost him.
Fifteen or 20 minutes later the victim met up with the two men again on North Main Street, this time carrying a green knapsack. As police watched, he showed them the cash and jewelry inside.
Car Takes Off
"There was a lot of hugging going on," Sergeant Larsen said, and then the three walked back to CVS. The Chrysler headed that way, too.
In front of the drugstore, one of the men handed Mr. Garcia a piece of paper - purportedly a prescription to be filled - and, he told police, offered to hold his knapsack while he went inside.
As soon as he entered the store, the two men and the others in the car took off. Police said they drove down the wrong side of Pantigo Road and through the empty parking lot of the former Mark R. Buick dealership to avoid a red traffic light.
Sergeant Larsen, watching all the while, made a quick U-turn and followed, while Officer Lester went into CVS. A Spanish-speaking employee of the drugstore helped the officer explain to Mr. Garcia what had just happened.
Meanwhile, the driver of the Chrysler, later identified as Jose Ramon Oliva Garcia of Elmhurst, 39, looked through his rear-view mirror and apparently realized he was being followed. Unexpectedly, he stopped the car on North Main Street, and Mr. Torres got out. He was immediately arrested.
Car Kept Going
The other three in the Chrysler, perhaps hoping police would be satisfied with this sacrifice, did not wait. The car headed up Cedar Street and turned left onto Stephen Hand's Path, only to be stopped by another officer near Bull Path.
There, Jose Garcia and his passenger and girlfriend, Katherine Gonzalez, 37, of Corona, were taken into custody.
Somewhere between North Main Street and Stephen Hand's Path, according to police, the third person in the car got out and fled, leaving a yellow polo shirt he had been wearing earlier behind. The man, described as six feet tall and possibly Oriental or Hawaiian, remained at large as of press time.
Elmer Guzman Garcia's knapsack, filled with $2,020 in cash and $750 worth of gold jewelry, was found on the side of the road by Bull Path.
Mr. Torres, Jose Garcia, and Ms. Gonzalez were each charged with fourth-degree grand larceny and fourth-degree criminal possession of stolen property, felonies, and fraudulent accosting, a misdemeanor. The man who fled faces the same charges. Police said it was unlikely he is still in the area.
High Bail Set
Mr. Torres, who turned out to be wanted by New York City police on two charges, third-degree grand larceny and armed robbery, was additionally charged with third-degree criminal possession of a forged instrument, a misdemeanor. Police said he gave them a false Texas identification that named him Alberto Martinez. His real identity was discovered through a fingerprint check.
Jose Garcia was additionally charged with second-degree aggravated unlicensed driving; police said he was driving with a suspended license.
Bail was set Saturday in East Hampton Town Justice Court for all three: at $22,500 for Ms. Gonzalez, who police said was born in Mexico and came to this country just eight days before her arrest; at $20,000 for Mr. Torres, who police said is also Mexican, and at $20,500 for Jose Garcia, who police said is Colombian.
As of press time all three remained in either the Riverhead or Yaphank county jail in lieu of bail.
Not As Lucky
A woman who fell for a similar scam in the village in March was not as lucky as Elmer Guzman Garcia. Rosa Zhagui was cheated out of $1,950 in cash and $500 worth of jewelry. No one was ever arrested in that incident.
Police said they do not believe the people arrested last week had any connection to the March incident.
Police were, however, working with Riverhead Town police this week to determine whether there is a connection between Friday's incident and a similar one in Riverhead several weeks ago.
Assault Charge
In other arrests in the village, an East Hampton man was charged with assaulting his former girlfriend; police said he punched her in the mouth and tried to strangle her.
Henry O. Roa-Posso, 35, was pick ed up at his Springs-Fireplace Road residence shortly after midnight last Thursday and charged with second-degree burglary, a felony, as well as third-degree assault, a misdemeanor.
Police said Lupe Abuchaibe had come to headquarters that night and told them Mr. Roa-Posso had illegally entered her King Street house and punched her, giving her a split lip.
She struggled with him as he tried to strangle her with a clothing hangar, Ms. Abuchaibe told police, who said, however, that they could find no marks on her neck.
Mr. Roa-Posso was arraigned Friday morning. As of Tuesday he remained in the county jail in Yaphank in lieu of $10,000 bail.
Making Graffiti
A youth was charged Aug. 26 with making graffiti, a misdemeanor, in connection with the scrawling of the words "I farted" on a public bench in July. Police said Michael H. Fabrizio, 17, of Manor Lane, Springs, "acted in concert" with 16-year-old David O'Shea of East Hampton, who was charged earlier in August, with putting the graffiti on a teak bench on Main Street.
The Fabrizio youth was released on his own recognizance after arraignment.
An East Hampton man was arrested on a bench warrant at East Hampton Town Justice Court last Thursday for failing to appear at an earlier court date. Bradley W. Gaines, 37, of Town Lane is facing charges of petty larceny and fifth-degree criminal possession of stolen property.
Mr. Gaines was released on his own recognizance with a new court date.
On Aug. 27, Sag Harbor Village police picked up Matthew Leggard, 21, of Harrison Street, Sag Harbor, on a Southampton Town Justice Court warrant. Police said he was wanted on a charge of criminal possession of stolen property. He was held for arraignment the next morning.