United States Attorney for the Southern District of New York, Jamie McDonald, Special Agent in Charge of the New York Task Force Division of the Drug Enforcement Administration (“DEA”), Christopher Roberts, and Commissioner of the New York City Police Department (“NYPD”) Jessica S. Tisch, announced today the unsealing of a three-count superseding Indictment charging MOISES FREIRE and BRIAN PERALTA CABRERA with participating in a fentanyl distribution conspiracy that resulted in the fatal poisoning of one college student (“Victim-1”) and the near-fatal poisoning of another college student (“Victim-2”) in a college residence hall in Manhattan, New York this past March. The Indictment further alleges that after rendering both women unconscious through fentanyl exposure, FREIRE raped Victim-1, who never regained consciousness and later died. FREIRE is also charged with distributing fentanyl with the intent to commit a violent crime, specifically, rape.
“This case alleges not only the deadly distribution of fentanyl to two young women but also the sexual assault of a victim rendered defenseless by that poisoning,” said U.S. Attorney Jamie McDonald. “This Office remains committed to protecting college communities against the extraordinary danger posed by those who weaponize narcotics to exploit vulnerable victims. We will work tirelessly to hold accountable those who endanger young people living and learning on our campuses.”
“The allegations in this case are beyond disturbing and include a cruel deception and unimaginable assault. Two young college students, with their entire futures ahead of them, were allegedly deceived into taking fentanyl disguised as cocaine, leaving one dead and the other fighting for her life,” said DEA New York Task Force Division Special Agent in Charge Christopher Roberts. “Even more horrifying is the allegation that one of these young women was sexually assaulted while unconscious and defenseless. College should be a place where young people can learn, grow, and pursue their dreams, not a place where predators exploit their vulnerability. Every student deserves to feel safe, whether walking across campus, sitting in a classroom, or inside their own dorm room. The DEA New York Task Force Division, alongside the NYPD, and our prosecutorial partners, will not stand idle while individuals’ prey on young people, poison our communities, and attempt to escape accountability. Those days are over.”
“Moises Freire and Brian Peralta Cabrera’s actions were truly unconscionable,” said NYPD Commissioner Jessica S. Tisch. “As alleged in the indictment, the two defendants supplied the fentanyl that killed one young woman and nearly killed another. Rather than immediately seek help, Freire allegedly first raped the incapacitated victim who died and then lied to first responders. These actions are as sick and twisted as they come, and I thank our investigators, the U.S. Attorney’s Office for the Southern District of New York, and law enforcement partners for their work to hold these predators accountable.”
As alleged in the Indictment and statements made in Court:
From at least February 2026 through March 2026, FREIRE and PERALTA CABRERA conspired to distribute fentanyl. After FREIRE told PERALTA CABRERA that FREIRE wanted to distribute narcotics to the Victims that would “last the entire night,” and that if PERALTA CABRERA could provide drugs that were strong enough, the Victims would get addicted, FREIRE went on to describe that scenario as a “win win situation.” Knowing that FREIRE intended to distribute the drugs to at least the Victims, PERALTA CABRERA subsequently provided fentanyl to FREIRE.
On March 18, 2026, FREIRE brought that fentanyl to the undergraduate residence hall where the Victims were living while attending college in Manhattan. FREIRE falsely claimed that the drug did not contain fentanyl and was “pure cocaine,” even though he had previously described the substance as “fake” and “poison.”
After FREIRE encouraged the victims to ingest the substance, both women lost consciousness almost immediately. FREIRE himself did not ingest the drug that night. While the victims were incapacitated, FREIRE allegedly raped Victim‑1 in the victims’ dorm room.
Rather than immediately seeking help, FREIRE waited approximately 45 minutes, during which he sent photos of the victims to others. When he finally approached campus security, he initially falsely claimed that the victims had simply consumed too much alcohol.
Campus security responded and administered emergency aid, including Narcan. Both victims were transported to hospitals in Manhattan. Toxicology results later confirmed that both women had ingested fentanyl and no cocaine.
Victim‑2 regained consciousness after life‑saving treatment. Victim‑1 remained in critical condition and eventually died from complications of acute fentanyl intoxication.
FREIRE, 19, of the Bronx, New York and PERALTA, 18, of Queens, New York, are both charged with one count of conspiracy to distribute a controlled substance resulting in death and serious bodily injury, which carries a mandatory minimum sentence of 20 years in prison and a maximum sentence of life in prison. FREIRE is also charged with distribution of a controlled substance resulting in death and serious bodily injury, which carries a mandatory minimum sentence of 20 years in prison and a maximum sentence of life in prison, as well as distribution of a controlled substance with the intent to commit rape, which carries a maximum sentence of 20 years in prison.
Mr. McDonald praised the outstanding investigative work of the DEA, the NYPD, as well as the Special Agents, Task Force Officers, the Digital Forensic Unit, and the Complex Analytics and Social Media Enhancement Team at the New York / New Jersey High Intensity Drug Trafficking from the U.S. Attorney’s Office for the Southern District of New York.
The case is being handled by the Office’s Narcotics Unit. Assistant United States Attorney Ariana L. Bloom is in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein constitutes only allegations and every fact described should be treated as an allegation.
