Thursday, February 13, 2020

Two Members Of Bronx Gang Charged With Racketeering, Firearms, And Narcotics Offenses


The Defendants Are Charged In Connection with a June 2018 Shooting in Which a 13-Year-Old Was Struck By Gunfire

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and Dermot Shea, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing today of an Indictment charging two members of the Woodycrime gang (“Woodycrime”) with various racketeering, firearms, and narcotics offenses, including assault with a deadly weapon and attempted murder in aid of racketeering for committing a June 7, 2018, shooting in Nelson Playground in the Bronx, during which two individuals, including a 13-year-old child, were struck by gunfire.

The defendants, MARVIN GAMONEDA, a/k/a “June,” and LUILLY FERNANDEZ, a/k/a “Luigi,” were taken into custody yesterday evening.  They will be presented today before U.S. Magistrate Judge Robert W. Lehrburger.  The case is assigned to U.S. District Judge John G. Koeltl.   
U.S. Attorney Geoffrey S. Berman said:  “As alleged in the indictment, the defendants carried out a shooting in a playground that injured two individuals, including a child.  Thanks to the extraordinary work of the FBI and the NYPD, the defendants now face federal charges for their crimes.”
FBI Assistant Director William F. Sweeney Jr. said:  “As alleged, these men fired off weapons at a playground, and a child was hit, all because they wanted to protect their turf.  It’s not their turf, it’s not their land, they don’t own it, and everything they’re allegedly doing is illegal and potentially deadly.  I want to commend the outstanding work of the New York FBI/NYPD Metro Safe Streets Task Force for the investigation that led to the arrest of these two men, and doing all they can to get alleged criminals who show no respect for anyone’s life out of the communities they’re terrorizing.”
NYPD Police Commissioner Dermot Shea said:  “The NYPD, in close cooperation with our federal partners, is making New Yorkers safer by focusing significant resources on the relatively small percentage of criminals responsible for much of our city’s crime and disorder.  I commend the NYPD officers, federal investigators, and prosecutors whose hard work resulted in these arrests and charges.”
As alleged in the Indictment unsealed today in Manhattan federal court[1]:
Woodycrime was a criminal enterprise involved in committing numerous acts of violence, including attempted murders and assaults, as well as drug dealing in the Bronx.  Members and associates of Woodycrime engaged in violence to retaliate against rival gangs, to preserve and expand the gang’s territory, and to protect the gang’s narcotics business.  Members and associates of Woodycrime enriched themselves by selling drugs, such as crack cocaine, marijuana, oxycodone, and MDMA or “ecstasy.”  
The Indictment charges GAMONEDA and FERNANDEZ in Count One with participating in a racketeering conspiracy.  Counts Two through Four charge the defendants with conspiracy to commit murder, assault with a deadly weapon and attempted murder in aid of racketeering, and a related firearms offense in connection with the Nelson Playground shooting.  Counts Five and Six charge the defendants with narcotics conspiracy and a related firearms offense.  Count Seven charges GAMONEDA with being a felon in possession of ammunition. 
Charts containing the names, ages, charges, and maximum penalties for the defendants are set forth below.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the NYPD and the FBI.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.   
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Racketeering conspiracy

18 U.S.C. § 1962(d)
MARVIN GAMONEDA (33)
LUILLY FERNANDEZ (26)

20 years in prison
2
Conspiracy to commit murder in aid of racketeering

18 U.S.C. § 1959
MARVIN GAMONEDA
LUILLY FERNANDEZ
10 years in prison
3
Assault with a deadly weapon and attempted murder in aid of racketeering

18 U.S.C. § 1959
MARVIN GAMONEDA
LUILLY FERNANDEZ

20 years in prison


4
Using and carrying firearms during and in relation to, and possessing firearms in furtherance of, a crime of violence, which firearms were discharged

18 U.S.C. § 924(c)
MARVIN GAMONEDA
LUILLY FERNANDEZ
Life in prison

Mandatory minimum of 10 years in prison
5
Narcotics trafficking conspiracy

21 U.S.C. § 846
MARVIN GAMONEDA
LUILLY FERNANDEZ
5 years in prison


6
Using and carrying firearms during and in relation to, and possessing firearms in furtherance of, a drug trafficking crime

18 U.S.C. § 924(c)
MARVIN GAMONEDA
LUILLY FERNANDEZ
Life in prison

Mandatory minimum of 5 years in prison
7
Possessing ammunition after being convicted of a felony

18 U.S.C. § 922(g)
MARVIN GAMONEDA
10 years in prison

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