Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Raymond P. Donovan, Special Agent in Charge of the New York Office of the Drug Enforcement Administration (“DEA”), and Dermot Shea, Commissioner of the New York City Police Department (“NYPD”), announced the unsealing today of an Indictment charging EDWARD ABREU, ALICIA ARIAS, LUIS FRIAS, TIMOTHY WALLACE, a/k/a “Larry,” DEREK LIVINGSTON, a/k/a “Wiz,” CHARKEEM PAYNE, a/k/a “Lite,” CAROL LANE, TRACEY SMITH, a/k/a “Trey,” HERMAN STEWARD, TASHA BURNETT, a/k/a “Dutchis,” TYRISS GWYNN, EDGAR MONTES, a/k/a “E,” and FERNANDO DISLA, a/k/a “Lolo,” with participating in a conspiracy to distribute cocaine and crack cocaine.  Eight defendants were taken into custody today and will be presented this afternoon before United States Magistrate Judge Kevin Nathaniel Fox.  Four defendants were previously presented after being taken into custody and one defendant remains at large. The case is assigned to United States District Judge Denise L. Cote.

U.S. Attorney Geoffrey S. Berman said:  “As alleged in the indictment, the defendants in this case brought cocaine and crack into our communities for well over a year.  Thanks to the extraordinary work of the NYPD and DEA, the defendants will now face justice in federal court.”

DEA Special Agent in Charge Ray Donovan said:  “The Gunna Ave gang’s alleged drug trafficking operations encouraged drug abuse and drove crime and violence in the community where they live.  Our partnership with the NYPD and U.S. Attorney’s Office focuses on disrupting drug trafficking organizations at all levels of distribution, as evidenced in this investigation.” 

NYPD Commissioner Dermot Shea said:  “I commend our investigators, together with our federal partners, for the great work throughout this investigation. The men and women of the NYPD work each day to eradicate illegal drugs from our City and ensure safety across every neighborhood.”

As alleged in the Indictment unsealed today in Manhattan federal court[1] and in statements on the record in court: 

EDWARD ABREU, ALICIA ARIAS, LUIS FRIAS, TIMOTHY WALLACE, a/k/a “Larry,” DEREK LIVINGSTON, a/k/a “Wiz,” CHARKEEM PAYNE, a/k/a “Lite,” CAROL LANE, TRACEY SMITH, a/k/a “Trey,” HERMAN STEWARD, TASHA BURNETT, a/k/a “Dutchis,” TYRISS GWYNN, EDGAR MONTES, a/k/a “E,” and FERNANDO DISLA, a/k/a “Lolo,” were members of a drug trafficking organization (the “DTO”) that distributed cocaine and crack cocaine within the Bronx, including in the vicinity of East 167th Street and Sheridan Avenue from at least in or about January 2019 through March 2020.  LIVINGSTON is also charged with having used and possessed a firearm in furtherance of the charged drug trafficking conspiracy and being a felon in possession of a firearm.

*                      *                     *

A chart containing the names, charges, and maximum penalties for the defendants is 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. Berman praised the outstanding investigative work of the DEA and NYPD.

This case is being handled by the Office’s Violent and Organized Crime Unit.  Assistant United States Attorney Thomas John Wright is in charge of the prosecution.

 The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

                                                                                                                                                                                                                    ###

 



COUNT





CHARGE





DEFENDANTS





MAX. PENALTIES





1





Narcotics conspiracy

 

21 U.S.C. § 846





EDWARD ABREU, 44,

ALICIA ARIAS, 36,

LUIS FRIAS, 40,

TIMOTHY WALLACE, 32,

a/k/a “Larry,”

DEREK LIVINGSTON, 32,

a/k/a “Wiz,”

CHARKEEM PAYNE, 32,

a/k/a “Lite,”

CAROL LANE, 52, and

TRACEY SMITH, 52,



a/k/a “Trey”



HERMAN STEWARD, 62,

TASHA BURNETT, 44,

a/k/a “Dutchis,”

EDGAR MONTES, 40,

a/k/a “E,” and

FERNANDO DISLA, 33,



a/k/a “Lolo”



TYRISS GWYNN, 34,





Life in prison

 

Mandatory minimum of 10 years in prison

 

 

 

 

 



 

 



40 years in prison

 

Mandatory minimum of 5 years in prison



 

 



20 years in prison





2





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)





DEREK LIVINGSTON,

a/k/a “Wiz”





Life in prison

 

Mandatory minimum of 5 years in prison





3





Felon in possession of a firearm

 

18 U.S.C. § 922(g)





DEREK LIVINGSTON,

a/k/a “Wiz”





10 years in prison



 

 



[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the descriptions of the Indictment constitute only allegations, and every fact described should be treated as an allegation.