Twenty-Seven Members and Associates of the 10th Street Gang Indicted for Racketeering, Narcotics Trafficking, and Murder

BUFFALO, NY—U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in Buffalo has returned a 62-count indictment charging members of the 10th Street Gang and their associates with racketeering, racketeering conspiracy, violent crimes in aid of racketeering, narcotics trafficking and firearm offenses.

Matthew Deynes, Jimmy Sessions, Johnathan Serrano, Michael Bobbitt, Brandon Bobbitt, Renel Velasquez, Daniel Colon, Douglas Harville, Nourooz Ali, Efrain Barreto, Desmond Ford, Jimmarlan Sessions, Omar Hernandez, Tony Peebles, Kyle Eagan, Justin Augus, Saul Santana, Melvin Medina, Miguel Moscoso, Hector Rodriguez, Cody Busch, Jairo Hernandez, Matthew Smith, Hiram Lopez, and Edwin Rivera, all of Buffalo, are charged with RICO and RICO Conspiracy and narcotics violations. The charges carry a maximum penalty of life in prison, a fine of $4,000,000 or both.

In addition:

• Justin Augus and Kyle Eagan are charged with violent crimes in aid of racketeering for the murder of Omar Fraticello-Lugo on September 15, 2008 on Busti Avenue;
• Miguel Moscoso is charged with the murder of Christian Portes on June 13, 2009 on Whitney Place;
• Saul Santana is charged with the murder of Anthony Colon on June 26, 2009 on Ullman and Esser;
• Eleven defendants are accused of 10 attempted murders of rival gang members and rival gang associates;
• Seven defendants are accused of multiple instances of witness intimidation, assault and robbery.

The murder charges against defendants Kyle Eagan, Justin Augus, and Miguel Moscoso carry the possibility of life imprisonment or the death penalty. No determination has yet been made as to the sentence that will be sought by the Department of Justice.

Also, associates of the 10th Street Gang, Chazity Fluellen and Jimmy Reuther, are charged with federal narcotics violations which carry a maximum sentence of life in prison and a $4,000,000 fine.

In addition to the violent crimes alleged in the Indictment, the 10th Street Gang is also suspected of being involved in trafficking various controlled substances, including cocaine, cocaine base, heroin, marijuana, ecstasy and hydrocodone. During the course of the investigation, law enforcement officers seized approximately 150 grams of crack cocaine, approximately 200 grams of cocaine and quantities of heroin, marijuana, hydrocodone and ecstasy as well as several firearms.

"This case, along with eight other cases and 72 defendants we have charged since March, should serve to make the message crystal clear—if you are a gang member interfering with the enjoyment of a thriving community, your days are numbered. You will be stopped, arrested and convicted in federal court," said U.S. Attorney Hochul. "Residents on the West Side and across Buffalo deserve to feel safe and live in neighborhoods free of drugs and violent crime and we will use every tool at our disposal in our efforts to make that happen.This indictment brings to an end not only some very serious narcotics trafficking but also violence that resulted in murder."

The Indictment is the culmination of an investigation on the part of special agents of the FBI under the direction of Special Agent in Charge James H. Robertson, New York State Police under the direction of Major Christopher Cummings, the Buffalo Police Department under the direction of Commissioner Daniel Derenda and the Bureau of Alcohol, Tobacco, Firearms, and Explosives under the direction of Frank Christiano. The evidence was presented to the Grand Jury by Assistant U.S. Attorney Joseph M. Tripi, who will handle the trial of the case.

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.