Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Peter C. Fitzhugh, the Special Agent in Charge of the New York Field Office of Homeland Security Investigations (“HSI”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), today announced the unsealing of an indictment charging three members of the MacBallas street gang with attempted murder, arising out of their role in an assault and attempted murder against a fellow inmate inside a New York City jail in June 2017.
Two of the defendants, KALVIN THWAITES and ANDREW BURRELL, were taken into federal custody last week and presented before U.S. Magistrate Judge James L. Cott. The remaining defendant, KENDALL NEWLAND, was taken into federal custody this morning and presented before U.S. Magistrate Judge Ona T. Wang. The case has been assigned to U.S. District Judge Victor Marrero. An initial pretrial conference is scheduled for September 20, 2019, at 2:00 p.m., before Judge Marrero.
Manhattan U.S. Attorney Geoffrey Berman said: “As alleged in the Indictment, the defendants tried to kill a fellow inmate in order to promote their membership in the MacBallas street gang. We are committed to working with our law enforcement partners to end gang violence, wherever it occurs.”
HSI Special Agent-in Charge Peter C. Fitzhugh said: “These MacBallas gang members were already serving time for their criminal acts when they tried to take the life of another inmate. When it comes to maintaining power and position, these individuals have little regard for human life. This is why law enforcement remains diligent in its gang enforcement both on and off the streets.”
According to the allegations contained in the Indictment[1] and statements made in court:
The MacBallas gang is a criminal enterprise that operates principally in and around the New York City area, including within city, state, and federal jails and prisons. Members and associates of the MacBallas engage in, among other things, narcotics trafficking, as well as acts of violence, to preserve and protect the power of the gang.
On June 7, 2017, the defendants, who were detained at the Vernon C. Bain Center, a New York City jail in the Bronx, New York, assaulted with a dangerous weapon and attempted to murder a fellow inmate in order to maintain or increase their position in the MacBallas.
* * *
THWAITES, 26, of Queens, New York, NEWLAND, 25, of Mount Vernon, New York, and BURRELL, 28, of the Bronx, New York, are each charged with one count of assault and attempted murder in aid of racketeering activity, which carries a maximum sentence of 20 years in prison. The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of HSI and the NYPD.
Assistant U.S. Attorneys Jason Swergold and Adam Hobson are in charge of the prosecution. The case is being handled by the Office’s Violent and Organized Crime Unit.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth below constitute only allegations, and every fact described should be treated as an allegation.
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), James J. Hunt, the Special Agent in Charge of the New York Field Division of the Drug Enforcement Administration (“DEA”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing today of three Indictments and two Complaints charging 33 individuals with racketeering, narcotics, firearms, and bank fraud offenses in connection with violent gang and drug trafficking conduct near the Mill Brook Houses, in the Bronx, New York.
The indictment in U.S. v. Michael White, et al. charges a total of 14 individuals, eight of whom are charged with racketeering conspiracy in connection with their membership in a gang known as “MBG” (also known as “Money Bitches Guns” and “Millbrook Gangstas”) and 11 of whom are charged with racketeering conspiracy in connection with their association with the gang known as the “Young Gunnaz,” also known as the “YGz.” The indictment in U.S. v. Gary Davis, et al. charges a total of 15 individuals, four of whom are charged with racketeering conspiracy in connection with their membership in a gang known as “Killbrook.” The indictment in U.S. v. Algi Crawford, et al. charges two individuals with bank fraud. The complaint in U.S. v. Bernard Franklin, charges one individual with heroin distribution. The complaint in United States v. James Green, 17 Mag. 7566, charges one individual with crack cocaine distribution.
A total of 24 defendants were taken into custody today; five other defendants are already in state custody on other charges. Of the 33 defendants, 23 will be presented before U.S. Magistrate Judge Katharine H. Parker later today. DAVID OQUENDO was arrested in the Northern District of New York and will be presented and arraigned in the United States District Court for the Northern District of New York later today. U.S. v. Michael White is assigned to U.S. District Judge Robert W. Sweet. U.S. v. Gary Davis is assigned to U.S. District Judge Lorna G. Schofield. U.S. v. Algi Crawford is assigned to U.S. District Judge J. Paul Oetken. U.S. v. Bernard Franklin and U.S. v. Eric Green are not yet assigned to District Judges
Acting U.S. Attorney Joon H. Kim said: “As alleged, members and associates of these gangs and crews plagued the Mill Brook Houses for a decade, engaging in violence and selling drugs. One of the victims was Bolivia Beck, a 21-year-old who was shot dead in broad daylight. Thanks to the terrific investigative work of the FBI, DEA, and NYPD, the defendants will now face justice in federal court.”
FBI Assistant Director-in-Charge William F. Sweeney Jr. said: “The gang members we rounded up in this case, and in many other investigations, seem to not learn the lesson that they cannot act with impunity. These gangs have a significantly negative impact on the neighborhoods where they operate, but we can’t make these arrests in a vacuum. We need the community to seize the chance at a fresh start to rebuild a safer place to live. With that said, we have had tremendous success in bringing down crime in New York City through our collaboration on the FBI NY Metro Safe Streets Task Force. We will keep focusing our resources against these gangs, and we won’t ever stop pursing the most violent criminals who look to fill the void.”
DEA Special Agent in Charge James J. Hunt said: “The drug trafficking of all three gangs around the Mill Brook Houses was a breeding ground for violence. By working collaboratively with our partners, law enforcement removed these gang members who are allegedly responsible for jeopardizing the safety of their neighbors by putting them in the middle of their turf war.”
As alleged in the Indictments and Complaint unsealed today in Manhattan federal court and in other court papers[1]:
MBG was a criminal enterprise involved in committing numerous acts of violence, including attempted murders, in the vicinity of the Mill Brook Houses in the Bronx. Members and associates of MBG enriched themselves by selling drugs, such as crack cocaine and marijuana. In particular, on or about February 4, 2013, MBG member DAVID OQUENDO attempted to murder a rival gang member in the Mill Brook Houses. On August 17, 2014, CHRISTOPHER HOWARD, a/k/a “Juju,” attempted to murder rival gang members in the Mill Brook Houses.
The YGz was a criminal enterprise involved in committing numerous acts of violence, including attempted murders, in the vicinity of the Mill Brook Houses in the Bronx. Members and associates of the YGz enriched themselves by selling drugs, such as crack cocaine and marijuana. On October 28, 2012, YGz member MICHAEL WHITE, a/k/a “Mike,” attempted to murder rival gang members, causing injuries to multiple people.
Killbrook was a criminal enterprise involved in committing numerous acts of violence, including murder and attempted murders, in the vicinity of the Mill Brook in the Bronx. Members and associates of Killbrook enriched themselves by selling drugs such as crack cocaine and marijuana. On or about April 18, 2011, Killbrook member GARY DAVIS, a/k/a “Reckless,” a/k/a “Poppa,” murdered Bolivia Beck in the Mill Brook Houses.
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Charts containing the names, charges, and maximum penalties for the defendants are set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Kim praised the outstanding investigative work of the FBI, DEA, and NYPD.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Jordan Estes, Drew Skinner, and Alexandra Rothman are in charge of the prosecution.
The charges contained in the Indictments and Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
United States v. Michael White, et al.
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Racketeering conspiracy
18 U.S.C. § 1962(d)
MICHAEL WHITE (age 29)
JOEY COLON (age 28)
DEMETRIUS WINGO (age 25)
ANTHONY BUSH (age 27)
DAVID OQUENDO (age 27)
CHRISTIAN PEREZ (age 24)
JAMES ROBINSON (age 30)
CHRISTOPHER HOWARD (age 25)
20 years in prison
2
Racketeering conspiracy
18 U.S.C. § 1962(d)
MICHAEL WHITE
JOEY COLON
DEMETRIUS WINGO
ANTHONY BUSH
DAVID OQUENDO
CHRISTIAN PEREZ
ALLEN KNIGHT (age 28)
MIGUEL CALDERON (age 23)
JAMESE SNIPES (age 19)
WESLEY MONGE (age 20)
OSCAR BRIONES (age 20)
20 years in prison
3
Narcotics conspiracy
21 U.S.C. § 846
JOEY COLON
DEMETRIUS WINGO
ANTHONY BUSH
DAVID OQUENDO
CHRISTIAN PEREZ
JAMES ROBINSON
ALLEN KNIGHT
MIGUEL CALDERON
JAMESE SNIPES
WESLEY MONGE
OSCAR BRIONES
ROY ROBINSON (age 38)
Life in prison
Mandatory minimum of 10 years in prison
4
Violent crime in aid of racketeering
18 U.S.C. § 1959(a)(3), (5)
MICHAEL WHITE
20 years in prison
5
Violent crime in aid of racketeering
18 U.S.C. § 1959(a)(3), (5)
DAVID OQUENDO
20 years in prison
6
Violent crime in aid of racketeering
18 U.S.C. § 1959(a)(3), (5)
CHRISTOPHER HOWARD
20 years in prison
7
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence or drug trafficking crime
18 U.S.C. § 924(c )
JOEY COLON
DEMETRIUS WINGO
ANTHONY BUSH
DAVID OQUENDO
CHRISTIAN PEREZ
JAMES ROBINSON
CHRISTOPHER HOWARD
Life in prison
Mandatory minimum of 10 years in prison
8
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence or drug trafficking crime
18 U.S.C. § 924(c )
MICHAEL WHITE
ALLEN KNIGHT
MIGUEL CALDERON
WESLEY MONGE
OSCAR BRIONES
Life in prison
Mandatory minimum of 10 years in prison
9
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a drug trafficking crime
18 U.S.C. § 924(c )
ROY ROBINSON
Life in prison
Mandatory minimum of 5 years in prison
United States v. Gary Davis, et al.
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Racketeering conspiracy
18 U.S.C. § 1962(d)
GARY DAVIS (age 27)
RAMEL JACKSON (age 26)
ANDREW BURRELL (age 26)
QUENTIN STARKES (age 25)
For GARY DAVIS, life in prison
For all other defendants, 20 years in prison
2
Narcotics conspiracy
21 U.S.C. § 846
ANDRE COFIELD (age 40)
PATRICK INNIS (age 39)
GARY DAVIS
RAMEL JACKSON
ANDREW BURRELL
QUENTIN STARKES
MATTHEW COOPER (age 26)
JUSTIN COOPER (age 29)
NAYSEAN CHAVIS (age 25)
HASSAN MUHAMMAD (age 20)
CHIMBA CARLOS (age 31)
WILLIAM RAY (age 27)
JEFFREY GOODRIDGE (age 30)
MICHAEL LAMAR (age 36)
LUIS GOMEZ (age 24)
Life in prison
Mandatory minimum of 10 years in prison
3
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence or drug trafficking crime
18 U.S.C. § 924(c )
GARY DAVIS
RAMEL JACKSON
ANDREW BURRELL
Life in prison
Mandatory minimum of 10 years in prison
4
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a drug trafficking crime
18 U.S.C. § 924(c )
WILLIAM RAY
Life in prison
Mandatory minimum of 5 years in prison
United States v. Algi Crawford, et al.
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Bank fraud conspiracy
18 U.S.C. § 1349
ALGI CRAWFORD (age 35)
JONATHAN GRIFFIN (age 31)
30 years in prison
2
Bank fraud
18 U.S.C. § 1344
ALGI CRAWFORD
JONATHAN GRIFFIN
30 years in prison
United States v. Bernard Franklin
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Distribution of heroin
21 U.S.C. §§ 812, 841(a)(1), 841(b)(1)(C)
BERNARD FRANKLIN (age 32)
20 years in prison
United States v. James Green
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Possession with the intent to distribute crack cocaine
21 U.S.C. §§ 812, 841(a)(1), 841(b)(1)(B)
JAMES GREEN (age 49)
40 years in prison
[1] As the introductory phrase signifies, the entirety of the text of the Indictments and Complaint constitutes only allegations, and every fact described herein should be treated as an allegation.
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year