Federal Grand Jury Returns Indictment Charging Conspiracy, Murder-for-Hire, Causing Death Through the Use of a Firearm, and Conspiracy to Use Firearms

Nemessis Bates, a/k/a “Nemesis Bates,” a/k/a “Nemo,” 34 years of age, and Aaron Smith, a/k/a “Beadie, a/k/a “Beedie,” 27 years of age, both of the New Orleans area, were charged in a four-count indictment by a federal grand Jury on Thursday, April 4, 2013. The indictment was unsealed today as Bates was taken into custody by federal agents, and Smith is already incarcerated in Orleans Parish Prison.

The indictment charges Bates, Smith, and others known and unknown to the grand jury with the November 21, 2010 murder of Christopher Smith.

Count one charges Bates with solicitation to commit a crime of violence, in violation of 18 U.S.C. § 373. If convicted, Bates shall be imprisoned not more than one-half the maximum term of imprisonment or fined not more than one-half of the maximum fine prescribed for the punishment of the crime solicited or both; or, if the crime solicited is punishable by life imprisonment or death, shall be imprisoned for not more than 20 years.

Count two charges Bates and Smith with the use of interstate commerce facilities in the commission of murder-for-hire, in violation of 18 U.S.C. § 1958(a). If convicted, Bates and Smith shall be punished by death or life imprisonment or shall be fined not more than $250,000 or both.

Count three charges Bates and Smith with causing the death of Christopher Smith through the use and carrying of a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. § 924(j)(1). If convicted, Bates and Smith shall be punished by death or by imprisonment for any term of years or for life.

Count four charges Bates and Smith with conspiracy to possess firearms during and in relation to a crime of violence, in violation of 18 U.S.C. § 924(o). If convicted, Bates and Smith shall be imprisoned for not more than 20 years, fined under Title 18, or both.

U.S. Attorney Boente reiterated that the indictment is merely a charge and that the guilt of the defendants must be proven beyond a reasonable doubt.

This indictment is the culmination of a federal grand jury investigation that was conducted with the assistance of the Federal Bureau of Investigation (FBI), the Jefferson Parish Sheriff’s Office, and the United States Attorney’s Office for the Eastern District of Louisiana. This case is being prosecuted by Assistant United States Attorneys Greg Kennedy and Liz Privitera.