Gang Member Charged With 2009 Murder

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and James O’Neill, the Commissioner of the New York City Police Department (“NYPD”), today announced the unsealing of an indictment charging JOHNNY NUNEZ GARCIA, a/k/a “Superior,” with the June 5, 2009, gang-related murder of Jonathan Ruiz, 17, in the Bronx, New York.  NUNEZ GARCIA is currently serving a separate federal sentence.  He was transferred yesterday to the Southern District of New York and presented before Magistrate Judge Sarah Netburn.  The case is assigned to United States District Judge Andrew L. Carter Jr.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “As alleged in the indictment, more than ten years ago Nunez Garcia shot and killed Jonathan Ruiz in connection with Nunez Garcia’s membership in the Dominicans Don’t Play gang.  Thanks to the persistence of our partners at the NYPD, Nunez Garcia will now face justice for his alleged role in this heinous crime.”

Police Commissioner James O’Neill said:  “This indictment is the result of the close partnership that exists between the NYPD and our law-enforcement partners. I commend the members of the NYPD Detective Bureau and the U.S. Attorney’s Office for the Southern District of New York whose hard work resulted in this indictment.”

According to the allegations in the Indictment unsealed today in Manhattan federal court[1]:

NUNEZ GARCIA was a member of the Dominicans Don’t Play (or “DDP”) gang, a criminal enterprise, members of which engaged in criminal acts involving murder, robbery, and narcotics dealing throughout the Bronx.  They committed these crimes to enrich themselves and to preserve and promote their widespread criminal activity.  As a member of the gang, on June 5, 2009, NUNEZ GARCIA shot and killed Jonathan Ruiz near East 165th Street and Tiffany Street.

NUNEZ GARCIA, 28, of the Bronx, is charged with one count of murder in aid of racketeering and aiding and abetting murder in aid of racketeering.  He faces a mandatory minimum sentence of life in prison.  The potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Mr. Berman praised the outstanding work of the NYPD.

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

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