Score:   1
Docket Number:   SD-NY  7:19-cr-00244
Case Name:   USA v. Ortiz et al
  Press Releases:
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that STEVEN BROWN, a/k/a “BI,” pled guilty today to participating in a murder in connection with a drug crime for his role in the August 2, 2009, murder of Derrick Moore in the Bronx.  BROWN pled before U.S. District Judge Katherine Polk Failla.

Manhattan U.S. Attorney Geoffrey Berman said:  “Almost 10 years ago to the day, Steven Brown, the leader of a violent, drug-dealing street crew, ordered the killing of rival street crewmember, Derrick Moore.  We are committed to combating gang violence, and today’s guilty plea shows that no passage of time will stop us from bringing perpetrators of violence to justice.”

According to the allegations contained in the Indictment and statements made in court:

The Taylor Avenue Crew was a criminal enterprise that operated principally in and around the Bronx from at least 2007 up to and including 2015.  The Taylor Avenue Crew sold cocaine base, commonly known as “crack cocaine,” primarily in and around Taylor Avenue in the Bronx.  The Taylor Avenue Crew controlled crack cocaine sales within this area by prohibiting and preventing non-members, outsiders, and rival narcotics dealers from distributing crack cocaine in the area controlled by the Crew.  The Taylor Avenue Crew also committed acts of violence in the area against rival gangs, including assaults, attempted murder, and murder.

Members and associates of the Taylor Avenue Crew also allied themselves with crews from nearby areas of the Bronx.  One such crew included the Creston Avenue Crew, a criminal enterprise that operated principally in and around the Bronx, New York, from at least 2003 up to and including 2011 and whose members sold cocaine and marijuana primarily in and around Creston Avenue in the Bronx.  Members of the Taylor and Creston Avenue Crews associated with each other and assisted each other by, among other things, carrying out acts of violence on each other’s behalf upon request by the leaders of the respective crews.  One such act of violence was the murder of 22-year-old Derrick Moore.  In August 2009, after escalating violence between the Taylor Avenue Crew and a rival crew, BROWN, who was the head of the Taylor Avenue Crew, ordered the murder of Moore.  To carry out the murder, BROWN requested the assistance of the Creston Avenue Crew, whose members then shot and killed Moore.

*          *       *

BROWN, 40, of the Bronx, New York, pled guilty to one count of murder while engaged in a narcotics trafficking offense, which carries a maximum sentence of life imprisonment and a mandatory minimum sentence of 20 years in prison.  He will be sentenced by Judge Failla on December 4, 2019.

Luis Ortiz, one of BROWN’s co-defendants, pled guilty on July 24, 2019, to murder through use of a firearm in connection with a drug crime, and faces a maximum sentence of life imprisonment and a mandatory minimum sentence of five years in prison.  Ortiz is scheduled to be sentenced on October 18, 2019.

Trial for an additional co-defendant, Rafael Reyes, is scheduled to begin on September 30, 2019.  The description of the offense set forth in this release are merely allegations and Reyes is innocent until proven guilty.

Mr. Berman praised the outstanding investigative work of the New York City Police Department, the Drug Enforcement Administration, Homeland Security Investigations, and the FBI.  Mr. Berman also thanked the United States Attorney’s Office for the Middle District of Pennsylvania for their assistance.

Assistant U.S. Attorneys Maurene Comey, Jessica Lonergan, and Jason Swergold are in charge of the prosecution.  The case is being handled by the Office’s Violent and Organized Crime Unit.

Geoffrey S. Berman, United States Attorney for the Southern District of New York, announced today the unsealing of an indictment charging four defendants with a multi-year conspiracy to distribute one kilogram or more of heroin in or around Middletown, New York.  Three defendants were arrested today in Orange County, New York, and were presented this afternoon before U.S. Magistrate Judge Paul E. Davison, who ordered the defendants held without bail.  One additional defendant was arrested today in the Eastern District of Pennsylvania and was presented in federal court in that district. 

As alleged in the Indictment,[1] from at least in or about 2015 up to and including in or about 2018, LUIS ORTIZ, a/k/a “Colla,” FELIX VELEZ, CARMEN TORRES, a/k/a “Evaliz,” and JOSE COLON conspired to distribute one kilogram and more of a mixture and substance containing a detectable amount of heroin.  

The defendants each face a maximum sentence of life imprisonment, and a mandatory minimum term of 10 years in prison.  The statutory maximum and minimum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants would be determined by the respective judges.

Mr. Berman praised the outstanding investigative work of the FBI, the New York State Police, the City of Middletown Police Department, and the Orange County Sheriff’s Office.

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

This case is being handled by the Office’s White Plains Division.  Assistant United States Attorney Emily Deininger is in charge of the prosecution.   

 



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





Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Angel M. Melendez, Special Agent-in-Charge of the New York Field Office of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”), James J. Hunt, Special Agent in Charge of the New York Field Division of the Drug Enforcement Administration (“DEA”), and James P. O’Neill, Commissioner of the New York City Police Department (“NYPD”), today announced the unsealing of a superseding indictment charging five defendants with various racketeering and narcotics offenses.  Three defendants are charged in connection with their roles in the August 2, 2009, murder of Derrick Moore, 22, in the Bronx.

One of the defendants, LUIS ORTIZ, 41, was presented last week before United States Magistrate Judge Barbara C. Moses.  Two of the defendants, HECTOR MARRERO, 27, and PETER GONZALEZ, 29, were arrested this morning and will be presented later today before United States Magistrate Judge Henry B. Pitman.  The remaining two defendants, STEVEN BROWN, 39, and RAFAEL REYES, 37, are already in federal custody on other charges, and will be presented at a later date.  The case has been assigned to United States District Judge Katherine Polk Failla.

Manhattan U.S. Attorney Geoffrey Berman said:  “As alleged in the superseding indictment, members of the Taylor Avenue and Creston Avenue Crews wreaked havoc on the streets of New York.  On August 2, 2009, that violence resulted in the murder of Derrick Moore.  He was 22 years old.  Today, thanks to the dedication and perseverance of the NYPD, the DEA, and HSI, the defendants face charges for their alleged crimes.”

HSI Special Agent-in-Charge Angel M. Melendez said:  “The members of these two crews are alleged to have been in involved in a slew of illegal activity ranging from drug trafficking to committing murder.  We have seen the violence of street gangs bleed out into our communities, pushing their deadly drugs and committing violent acts. Strong collaborative efforts and information sharing are the foundation for law enforcement in New York to be more effective in ridding the streets of these alleged criminals.”

DEA Special Agent-In-Charge James J. Hunt said:  “This investigation linked a brutal crime to members of a drug gang, which exemplifies the relationship between drug trafficking and violence.  I commend our law enforcement partners on their hard work and collaboration.” 

According to the allegations contained in the superseding indictment[1] and statements made in court:

The Taylor Avenue Crew was a criminal enterprise that operated principally in and around Taylor Avenue in the Bronx, New York, from at least 2007 up to and including 2015.  Members of the Taylor Avenue Crew sold crack cocaine and committed acts of violence in that area.

The Creston Avenue Crew was a criminal enterprise that operated principally in and around Creston Avenue in the Bronx, New York, from at least 2003 up to and including 2011.  Members of the Creston Avenue Crew sold cocaine and marijuana, and committed acts of violence, in that area.           

Members of the Taylor and Creston Avenue Crews associated with each other and assisted each other by, among other things, carrying out acts of violence on each other’s behalf upon request by the leaders of the respective crews.  One such act of violence was the murder of Derrick Moore on August 2, 2009.  This murder was committed by Creston Avenue Crew members RAFAEL REYES and LUIS ORTIZ to assist Taylor Avenue Crew member STEVEN BROWN.

*                *                *

Count One of the Indictment charges BROWN with murder in aid of racketeering activity.  Count Two of the Indictment charges REYES and ORTIZ with murder in aid of racketeering activity.  Count Three of the Indictment charges BROWN, REYES, and ORTIZ with murder in connection with a drug crime.  Count Four charges BROWN, REYES, and ORTIZ with murder through the use of a firearm.  Counts One through Four all relate to the murder of Derrick Moore.

Count Five of the Indictment charges MARRERO and GONZALEZ with participating in a conspiracy to distribute crack cocaine.

A chart containing the names, charges, and 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 HSI, the DEA, and the NYPD.

Assistant U.S. Attorneys Maurene Comey, Jessica Lonergan, and Jason Swergold 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.



COUNT





CHARGE





DEFENDANTS





PENALTIES





1





Murder in aid of racketeering activity

 

18 U.S.C. § 1959(a)(1)





STEVEN BROWN





Mandatory minimum of life in prison





2





Murder in aid of racketeering activity

 

18 U.S.C. § 1959(a)(1)





RAFAEL REYES

LUIS ORTIZ





Mandatory minimum of life in prison





3





Murder in connection with a drug crime

 

21 U.S.C. § 848(e)(1)(A)





STEVEN BROWN

RAFAEL REYES

LUIS ORTIZ





Maximum: life in prison

 

Minimum:  20 years in prison

 





4





Murder through use of a firearm

 

18 U.S.C. § 9249(j)





STEVEN BROWN

RAFAEL REYES

LUIS ORTIZ





Maximum: life in prison

 

Minimum: 5 years in prison





5





Narcotics conspiracy

 

21 U.S.C. § 846





HECTOR MARRERO

PETER GONZALEZ





Maximum: Life in prison

 

Minimum: 10 years in prison

 

 



 

 





[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.





Docket (0 Docs):   https://docs.google.com/spreadsheets/d/1kIkzXqHC1BNbprhz7JXZEOlUGte5YbhKQwMcBhcUsBk
  Last Updated: 2024-04-13 10:41:31 UTC
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
Format: YYYY

Data imported from FJC Integrated Database
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