Damian Williams, United States Attorney for the Southern District of New York, Keechant L. Sewell, the Commissioner of the New York City Police Department (“NYPD”), and Ricky J. Patel, Acting Special Agent-in-Charge of Homeland Security Investigations (“HSI”) in New York, announced the unsealing of a fifteen-count indictment today charging ten individuals—ANDREW DONE, a/k/a “Caballo,” VICTOR ALMONTE, a/k/a “Flaco Capone,” MOISES FONTANEZ, a/k/a “Goya,” OLBENY DIAZ, a/k/a “Sosbrito,” FRAILYN CAPELLAN, a/k/a “Frek,” JOEL ORTIZ, a/k/a “Brooklyn,” EDWIN JIMENEZ, a/k/a “Pac,” MALVIN RESTITUYO, a/k/a “Puto,” and ANDERSON BURDIER, a/k/a “Canela,” and JOSEPH RIVERA, a/k/a “Shorty,”—with racketeering conspiracy, murder, attempted murder, firearms offenses, and narcotics conspiracy. The defendants are charged for their roles in the “Shooting Boys” gang and an associated narcotics conspiracy. Among other crimes, DONE is charged for the November 5, 2020 murder of Angel Barreiro in the Bronx. The crimes charged against each of the ten defendants are specified in the chart below. The case is assigned to United States District Judge Jed S. Rakoff.
In a coordinated operation, eight defendants were arrested in New York and Pennsylvania earlier this morning. The defendants arrested in New York will be presented later this afternoon before U.S. Magistrate Judge Sarah L. Cave in Manhattan federal court. CAPELLAN will be presented in federal court in Philadelphia. FONTANEZ was in custody on state charges and was transferred to federal custody today. DONE and ALMONTE remain at large.
U.S. Attorney Damian Williams said: “As alleged, the ‘Shooting Boys’ are responsible for a rampage of violence in the Bronx, including a murder and several other shootings. Today’s arrests will protect the public from these defendants and send a message to others who would commit violence: law enforcement is watching and you will be prosecuted.”
NYPD Commissioner Keechant L. Sewell said: “Dismantling gangs and targeting the illegal acts associated with their activities continues to be one of the highest priorities for the NYPD and our law enforcement partners. Today’s charges again show that we are accurately identifying and arresting the relatively small percentage of people responsible for the majority of the violence in New York – and we will remain relentless in our pursuit of meaningful consequences for these criminals.”
HSI Acting Special Agent-in-Charge Ricky J. Patel said: “The allegations in these indictments show the unrepentant violence of the ‘Shooting Boys’ and their complete disregard for human life. Today, members of violent gangs are put on notice that HSI and the New York City Police Department will not sit idly by as gangs and violent criminals terrorize our communities. HSI will continue the mission to dismantle violent criminal gangs, and along with the NYPD and its partners, will work together to eradicate the fear caused by these organizations.”
As alleged in the Indictment and other documents filed in federal court, and based on statements made in public court proceedings:[1]
The “Shooting Boys” gang is a criminal organization based in the University Heights section of the Bronx. Since at least 2017, gang members sold drugs, used guns, and committed numerous acts of violence against members of rival gangs. Originally associated with the “Trinitarios” gang, the “Shooting Boys” broke off from the “Sunset” chapter of the “Trinitarios” in about 2018. ANDREW DONE, a/k/a “Caballo,” is the leader of the “Shooting Boys.”
The “Shooting Boys” sold crack, cocaine, heroin, and marijuana primarily in two areas: near 192nd Street and Aqueduct Avenue, and 155 Father Zeiser Place in the Bronx. Only members of the “Shooting Boys” and those authorized by them were permitted to sell drugs in these locations and the gang protected its drug territory through violence and intimidation relying primarily on the use of firearms.
In addition to multiple non-fatal acts of violence against rival gang members and innocent bystanders, the rivalry between the “Shooting Boys” and other chapters of the “Trinitarios” led to the murder of Angel Barreiro, a/k/a “Jay La Sombra” on November 5, 2020. The indictment alleges that DONE shot and killed Barreiro opposite 1365 Cromwell Avenue in the Bronx.
A chart containing the names, charges, and maximum and minimum penalties for the defendants is 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. Williams praised the outstanding investigative work of the NYPD and HSI.
The charges in the Indictment are merely accusations and the defendants are presumed innocent unless and until proven guilty.
CHARGE | DEFENDANTS | MAXIMUM/MINIMUM PENALTIES |
Count One Racketeering Conspiracy 18 U.S.C. § 1962(d)
| ANDREW DONE, VICTOR ALMONTE, MOISES FONTANEZ, OLBENY DIAZ, FRAILYN CAPELLAN, JOEL ORTIZ, EDWIN JIMENEZ, MALVIN RESTITUYO, and ANDERSON BURDIER | Maximum as to all defendants except RESTITUYO: Life in prison Maximum as to RESTITUYO: 20 years in prison
|
Count Two Murder in Aid of Racketeering 18 U.S.C. § 1959(a)(1)
| ANDREW DONE
| Mandatory life in prison or death
|
Count Three Murder through Use of a Firearm 18 U.S.C. § 924(j) |
ANDREW DONE
| Maximum: Life in prison or death Minimum: 5 years in prison, which much be consecutive to any other term imposed. |
Count Four Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering 18 U.S.C. §§ 1959(a)(5), 1959(a)(6), 1959(a)(3) | ANDREW DONE VICTOR ALMONTE FRAILYN CAPELLAN
| Maximum: 20 years in prison |
Count Five Firearms Offense 18 U.S.C. § 924(c) | ANDREW DONE VICTOR ALMONTE FRAILYN CAPELLAN
| Maximum: Life in prison Minimum: 10 years in prison, which much be consecutive to any other term imposed. |
Count Six Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering 18 U.S.C. §§ 1959(a)(5), 1959(a)(6), 1959(a)(3) | OLBENY DIAZ | Maximum: 20 years |
Count Seven Firearms Offense 18 U.S.C. § 924(c) | OLBENY DIAZ | Maximum: Life in prison Minimum: 10 years in prison, which much be consecutive to any other term imposed.
|
Count Eight Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering 18 U.S.C. §§ 1959(a)(5), 1959(a)(3) | MALVIN RESTITUYO | Maximum: 20 years |
Count Nine Firearms Offense 18 U.S.C. § 924(c) | MALVIN RESTITUYO | Maximum: Life in prison Minimum: 10 years in prison, which much be consecutive to any other term imposed.
|
Count Ten Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering 18 U.S.C. §§ 1959(a)(5), 1959(a)(3) | MOISES FONTANEZ | Maximum: 20 years |
Count Eleven Firearms Offense 18 U.S.C. § 924(c) | MOISES FONTANEZ | Maximum: Life in prison Minimum: 10 years in prison, which much be consecutive to any other term imposed.
|
Count Twelve Assault with a Dangerous Weapon in Aid of Racketeering 18 U.S.C. § 1959(a)(3) | ANDREW DONE MOISES FONTANEZ OLBENY DIAZ JOEL ORTIZ | Maximum: 20 years |
Count Thirteen Firearms Offense 18 U.S.C. § 924(c) |
ANDREW DONE MOISES FONTANEZ OLBENY DIAZ JOEL ORTIZ
| Maximum: Life in prison Minimum: 7 years in prison, which much be consecutive to any other term imposed.
|
Count Fourteen Narcotics Conspiracy 21 U.S.C. § 846, 841(b)(1)(A), 841(b)(1)(C), 841(b)(1)(D), |
ANDREW DONE VICTOR ALMONTE MOISES FONTANEZ OLBENY DIAZ FRAILYN CAPELLAN JOEL ORTIZ EDWIN JIMENEZ ANDERSON BURDIER JOSEPH RIVERA
| Maximum: Life in prison Minimum: 10 years in prison
|
Count Fifteen Firearms Offense 18 U.S.C. § 924(c) |
ANDREW DONE VICTOR ALMONTE MOISES FONTANEZ OLBENY DIAZ FRAILYN CAPELLAN JOEL ORTIZ EDWIN JIMENEZ ANDERSON BURDIER JOSEPH RIVERA
| Maximum: Life in prison Minimum: 10 years in prison, which much be consecutive to any other term imposed.
|
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth in this release constitute only allegations, and every fact described should be treated as an allegation.
