Geoffrey S. Berman, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Dermot Shea, Commissioner of the New York City Police Department (“NYPD”), announced today the unsealing of a Superseding Indictment charging NAZEEM FRANCIS, a/k/a “Naz,” JONATHAN COLON, a/k/a “Johnny Blaze,” a/k/a “JB,” JULIO OZUNA, a/k/a “JJ,” a/k/a “Josh Balla,” a/k/a “Chocolate,” PRINCE GAINES, a/k/a “Poodie,” ERICK OLEAGA, a/k/a “E.D.,” VICTOR MARTINEZ, and KHALIL SUGGS, a/k/a “KI,” with crimes including murder, robbery, robbery conspiracy, narcotics distribution conspiracy, and firearms offenses. 

Five defendants were arrested today and will be presented this afternoon before United States Magistrate Judge Sarah L. Cave.  Two defendants were already in custody and will be presented at a later date.  The case has been assigned to United States District Judge Mary Kay Vyskocil. 

Manhattan U.S. Attorney Geoffrey S. Berman said:  “As alleged in the indictment, the defendants brought violence and drugs to the streets of the Bronx.  Now, thanks to our outstanding law enforcement partners at the FBI and the NYPD, these defendants face charges in federal court.”

FBI Assistant Director-in-Charge William F. Sweeney Jr. said: "This investigation illustrates the extremes violent gang members will go to, all in the pursuit of making easy money.  The arrests and announcement today also demonstrate that while much of the world is rightly slowing down, FBI special agents and detectives on the New York FBI Metro Safe Streets Gang Task Force will continue the extremely critical work of keeping criminals from putting more lives in danger."

According to the allegations in the Superseding Indictment[1] unsealed today in Manhattan federal court:

On or about September 3, 2018, FRANCIS, COLON, and OZUNA aided and abetted the shooting and killing of Christopher Pierce in the Bronx, New York, following the attempted robbery of Pierce’s friend, a marijuana dealer.  FRANCIS, COLON, and OZUNA are also charged with attempted robbery and robbery conspiracy based on their participation in the botched robbery that led to Pierce’s death.

COLON, OZUNA, GAINES, OLEAGA, MARTINEZ, and SUGGS are charged with participating in a conspiracy to distribute cocaine and crack cocaine from in or about 2018 through in or about March 2020. 

On or about November 18, 2019, SUGGS brandished a firearm, and aided and abetted the same, in furtherance of the drug trafficking conspiracy.

On or about January 19, 2020, OZUNA robbed an individual at gunpoint.  OZUNA is charged with robbery, robbery conspiracy, and brandishing a firearm based on his participation in that gunpoint robbery.

*                *                *

A chart containing the names, charges, and maximum and minimum 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 FBI’s Safe Streets Task Force, as well as NYPD’s 43rd Police Precinct and Bronx Narcotics.

This case is being handled by the Office’s Violent and Organized Crime Unit.  Assistant United States Attorneys Allison Nichols and Jamie Bagliebter are 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. PENALTY





Count One





Murder through the Use of a Firearm

18 U.S.C. §§ 924(j) and 2





NAZEEM FRANCIS

JONATHAN COLON

JULIO OZUNA





Death or life imprisonment;

Mandatory minimum of five years’ imprisonment





Count Two





Attempted Robbery

18 U.S.C. §§ 1951 and 2





NAZEEM FRANCIS

JONATHAN COLON

JULIO OZUNA





20 years’ imprisonment





Count Three





Robbery Conspiracy

18 U.S.C. § 1951





NAZEEM FRANCIS

JONATHAN COLON

JULIO OZUNA





20 years’ imprisonment





Count Four





Narcotics Conspiracy

21 U.S.C. § 846





JONATHAN COLON

JULIO OZUNA

PRINCE GAINES

KHALIL SUGGS

ERICK OLEAGA

VICTOR MARTINEZ





40 years’ imprisonment

Mandatory minimum of 5 years’ imprisonment





Count Five





Firearm Offense

18 U.S.C. §§ 924(c) and 2





KHALIL SUGGS

 





Life

Mandatory minimum of 7 years’ imprisonment





Count Six





Robbery

18 U.S.C. §§ 1951 and 2





JULIO OZUNA





20 years’ imprisonment





Count Seven





Robbery conspiracy

18 U.S.C. § 1951





JULIO OZUNA





20 years’ imprisonment





Count Eight





 Firearm Offense

18 U.S.C. §§ 924(c) and 2





JULIO OZUNA





Life

Mandatory minimum of 7 years’ imprisonment



 



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