Federal Grand Jury Hands Up Two-Count Indictment Charging Buffalo Man with Murder

BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that the grand jury handed up a two-count indictment charging Tre Smitherman, 21, of Buffalo with committing a murder in aid of a racketeering enterprise and possessing and using a firearm in furtherance of this murder.

            According to Assistant United States Attorney Anthony M. Bruce and Special Assistant United States Attorney Paul Parisi, who are handling the case, Smitherman is accused of shooting Charles Myles-Jones to death during the early evening hours of November 29, 2010, while Myles Jones was working at the Super-Stop Food Mart at the Corner of Kensington and Thatcher Avenues.  According to the indictment, Smitherman, who was only 17-1/2 at the time of the alleged homicide, murdered Myles-Jones to prove himself in order to gain entry into the Bailey Boys, a criminal gang that sold crack cocaine and other controlled substances, committed robberies and engaged in acts of violence in an area of the city bounded roughly Winspear Avenue, the Kensington Expressway, Eggert Road and Main Street.   Smitherman, who had originally been charged under rarely used federal juvenile statutes, had his prosecution transferred to adult status by order of Chief United States District Judge William M. Skretny.

            Mr. Bruce stated that the government will now move to join Smitheman’s indictment with the indictment pending against 10 other alleged members of the Bailey Boys so that the cases can be tried together.

            Smitherman faces up to life in prison and a $250,000 fine on each of the two counts upon conviction.  He is in custody and will be arraigned by Magistrate Judge Jeremiah J. McCarthy Tuesday, September 2.

            The case was investigated by the Federal Bureau of Investigation and Detectives of the Buffalo Police Department under the direction .Commissioner Daniel. Derenda and will be tried by Assistant United States Attorney Anthony M. Bruce and Special Assistant United States Attorney Paul Parisi.

            The fact that a defendant has been charged with a crime is merely an accusation, and the defendant is presumed innocent until and unless proven guilty.