Charges Include Five Murders, Twelve Attempted Murders, and Seven Gunpoint Robberies
Damian Williams, the United States Attorney for the Southern District of New York, Frank A. Tarentino III, the Special Agent-in-Charge of the New York Field Office of the Drug Enforcement Administration (“DEA”), Keechant Sewell, the Commissioner of the New York City Police Department (“NYPD”), and Kevin P. Bruen, the Superintendent of the New York State Police (“NYSP”), announced the unsealing of an Indictment charging 16 members and associates of the Own Every Dollar (or “OED”) gang, a subset of the Trinitarios, with committing various racketeering, narcotics, and firearms offenses, including murder and attempted murder.
JOWENKY NUNEZ, JR., a/k/a “Juju,” JERRIN PENA, a/k/a “Rooga,” a/k/a “Perry,” JUSTIN DEAZA, a/k/a “Booka,” a/k/a “Pepito,” WILSON MENDEZ, a/k/a “Tati,” BRIAN HERNANDEZ, a/k/a “Malikai,” HUGO RODRIGUEZ, a/k/a “Juice,” MAYOVANEX RODRIGUEZ, a/k/a “Menorcito,” JOHANN ZAPATA, a/k/a “Zapata,” ELVIS TREJO, a/k/a “Po Po,” STEVEN JOAQUIN, a/k/a “Baby Gunz,” IYAURY RODRIGUEZ-ROSARIO, a/k/a “Bricha,” JOWENKY NUNEZ, SR., a/k/a “Bala,” ARGENIS TAVAREZ, a/k/a “Nose,” a/k/a “A-Kash,” VICTOR COLON, a/k/a “V,” JOSE GUTIERREZ, a/k/a “G,” and NIJMAH MARTE, a/k/a “N,” a/k/a “Nena,” are members or associates of the OED gang.
The Indictment charges five defendants—JOWENKY NUNEZ, JR., JERRIN PENA, BRIAN HERNANDEZ, MAYOVANEX RODRIGUEZ, and IYAURY RODRIGUEZ-ROSARIO—with committing one or more of a total of five murders in the Bronx and Manhattan. Eleven of the defendants—JOWENKY NUNEZ, JR., JERRIN PENA, JUSTIN DEAZA, WILSON MENDEZ, BRIAN HERNANDEZ, HUGO RODRIGUEZ, ELVIS TREJO, STEVEN JOAQUIN, IYAURY RODRIGUEZ-ROSARIO, JOWENKY NUNEZ, SR., and ARGENIS TAVAREZ—are charged with committing one or more of a total of 12 attempted murders.
U.S. Attorney Damian Williams said: “Our indictment alleges that for the past four years, OED has wreaked havoc in this City – committing multiple murders, numerous armed robberies, shootings, assaults, and also dealing dangerous drugs, including fentanyl. The defendants charged today include OED’s leadership and some of the gang’s most violent members, who we allege murdered five victims over the past four years, committed 13 shootings, and committed seven robberies or attempted robberies. The charges we unseal today required the partnership and dedication of our law enforcement partners. It required us to work together, side by side, across jurisdictions, to protect the people. I want to thank all of our partners here today for their hard work on these and so many other investigations.”
DEA Special Agent-in-Charge Frank Tarentino said: “These arrests and seizures amplify our commitment and focus to safeguard our communities from the perils of violent crime, and the destruction that follows. The DEA works in partnership with our law enforcement partners having two goals in mind: saving lives and making our communities healthy and safe. I applaud the U.S. Attorney’s Office, Southern District of New York and the New York Drug Enforcement Task Force comprising DEA, NYPD, and NYSP for their diligence and commitment to this impactful investigation.”
NYPD Commissioner Keechant Sewell said: “These individuals lived by a brutal code of street violence – where firearms were recklessly pulled out and indiscriminately fired, where innocent lives were disregarded, where families and neighborhoods were traumatized and torn apart. Now they will no longer be able to terrorize New Yorkers. And make no mistake: Organized groups like this do terrorize. They sow fear and disorder, and they show zero respect for the lives of the people who reside and work in the neighborhoods where they wreak havoc. The vast resources and untiring efforts of the NYPD and our law enforcement partners, across multiple agencies, are concentrated on the nexus of gangs, guns, and drugs that drive much of the crime in New York City. And all the people we serve are safer today because of our collaboration.”
NYSP Superintendent Kevin P. Bruen said: “The charges brought today against these dangerous individuals are a direct result of the vigilant work conducted by law enforcement partners. These partnerships were instrumental in shutting down this racketeering operation, took dangerous drugs and weapons off our streets, and interrupted heinous crimes in our neighborhoods. Let this be a strong message that New York State will not tolerate those who bring drugs and violence into our communities.”
As alleged in the Indictment unsealed today in Manhattan federal court and in statements made in court filings[1]:
OED Acts of Violence
The following murders, attempted murders, shootings, and gunpoint robberies and attempted robberies were perpetrated in part so that the following members and associates of OED could maintain or increase their positions in the OED racketeering enterprise operating in the Southern District of New York:
- On August 31, 2018, JOWENKY NUNEZ, JR. shot and killed Nicolas Vargas in the vicinity of 232nd Street in the Bronx, and aided and abetted the same.
- On April 14, 2019, JOWENKY NUNEZ, JR. and JERRIN PENA shot and killed Hector Cruz in the vicinity of West 135th Street in Manhattan, and aided and abetted the same.
- On January 24, 2020, JOWENKY NUNEZ, JR., BRIAN HERNANDEZ, WILSON MENDEZ, STEVEN JOAQUIN, and ARGENIS TAVAREZ shot at a rival gang member in the vicinity of West 136th Street in Manhattan, and aided and abetted the same.
- In February 2020, JOWENKY NUNEZ, JR., JERRIN PENA, BRIAN HERNANDEZ, and ARGENIS TAVAREZ shot at rival gang members in the vicinity of West 138th Street in Manhattan, and aided and abetted the same.
- On March 30, 2020, JOWENKY NUNEZ, JR. and STEVEN JOAQUIN shot at a rival narcotics trafficker in the vicinity of West 180th Street in Manhattan, and aided and abetted the same. Photographs of NUNEZ, JR. (on the left) and JOAQUIN (on the right) committing that shooting are below:
- On April 18, 2020, JOWENKY NUNEZ, SR. shot at an individual in the vicinity of Audubon Avenue in Manhattan, and aided and abetted the same.
- On May 13, 2020, JUSTIN DEAZA and WILSON MENDEZ shot at rival narcotics traffickers in the vicinity of West 184th Street in Manhattan, and aided and abetted the same.
- On May 15, 2020, BRIAN HERNANDEZ shot at a rival narcotics trafficker in the vicinity of West 188th Street in Manhattan, and aided and abetted the same.
- On June 26, 2020, JOWENKY NUNEZ, JR., STEVEN JOAQUIN, and IYAURY RODRIGUEZ-ROSARIO shot at rival narcotics traffickers during a high-speed chase through Washington Heights in Manhattan, and aided and abetted the same.
- On July 2, 2020, JOWENKY NUNEZ, JR., BRIAN HERNANDEZ, and IYAURY RODRIGUEZ-ROSARIO shot and killed Richard Dominguez and Israel Cabrera in the vicinity of Sedgewick Avenue in the Bronx, and aided and abetted the same.
- On July 5, 2020, JOWENKY NUNEZ, JR. and IYAURY RODRIGUEZ-ROSARIO shot at rival gang members in the vicinity of West 136th Street in Manhattan, and aided and abetted the same.
- On July 18, 2020, JOWENKY NUNEZ, JR. shot at an individual in the vicinity of West 183rd Street in Manhattan, and aided and abetted the same.
- On October 22, 2020, JOWENKY NUNEZ, JR. and JUSTIN DEAZA shot at individuals in the vicinity of Valentine Avenue in the Bronx, and aided and abetted the same.
- On December 13, 2020, WILSON MENDEZ robbed an individual at gunpoint, in the vicinity of West 188th Street in Manhattan, and aided and abetted the same.
- On August 12, 2021, HUGO RODRIGUEZ and JOWENKY NUNEZ, SR. engaged in a shootout with each other in the vicinity of West 183rd Street in Manhattan, and aided and abetted the same. A photograph of NUNEZ, SR., committing that shooting is below:
- In August 2021, JUSTIN DEAZA robbed an individual at gunpoint, in the vicinity of West 28th Street in Manhattan, and aided and abetted the same.
- In September 2021, JUSTIN DEAZA attempted to rob an individual at gunpoint, in the vicinity of the FDR Drive in Manhattan, and aided and abetted the same.
- In September 2021, JUSTIN DEAZA and WILSON MENDEZ robbed an individual at gunpoint, in Queens, and aided and abetted the same.
- On January 22, 2022, JOWENKY NUNEZ, JR., JERRIN PENA, ELVIS TREJO, and STEVEN JOAQUIN robbed and shot several individuals in the vicinity of West 145th Street in Manhattan, and aided and abetted the same.
- On February 7, 2022, MAYOVANEX RODRIGUEZ shot and killed Anthony Savarese in the vicinity of Andrews Avenue in the Bronx, and aided and abetted the same.
- On February 14, 2022, HUGO RODRIGUEZ and ELVIS TREJO robbed several individuals at gunpoint in the vicinity of West 203rd Street in Manhattan, and aided and abetted the same.
- On March 4, 2022, JOWENKY NUNEZ, JR. and ELVIS TREJO shot at a rival gang member in the vicinity of Dyckman Street in Manhattan, and aided and abetted the same. A photograph of NUNEZ, JR., committing that shooting is below:
Narcotics Trafficking and Firearms Use
Between 2018 and July 2022, JOWENKY NUNEZ, JR., JERRIN PENA, JUSTIN DEAZA, WILSON MENDEZ, BRIAN HERNANDEZ, HUGO RODRIGUEZ, MAYOVANEX RODRIGUEZ, JOHANN ZAPATA, ELVIS TREJO, STEVEN JOAQUIN, IYAURY RODRIGUEZ-ROSARIO, JOWENKY NUNEZ, SR., ARGENIS TAVAREZ, VICTOR COLON, JOSE GUTIERREZ, and NIJMAH MARTE conspired to distribute and possess with intent to distribute fentanyl, heroin, cocaine, crack cocaine, oxycodone, ecstasy, and marijuana. In addition, these defendants used, carried, and possessed firearms in furtherance of their narcotics trafficking, and aided and abetted the same.
Firearms Trafficking
Between May 2020 and October 2020, JOWENKY NUNEZ, JR., JERRIN PENA, and IYAURY RODRIGUEZ-ROSARIO unlawfully obtained approximately thirteen firearms in Pennsylvania and transported those firearms to New York for use by members of OED.
H. RODRIGUEZ, 26, M. RODRIGUEZ, 27, ZAPATA, 20, TREJO, 21, JOAQUIN, 20, and NUNEZ, SR., 39, were all arrested yesterday, and will be presented today before United States Magistrate Judge Katharine H. Parker. Today, RODRIGUEZ-ROSARIO, 41, was arrested and will be presented in the Eastern District of Pennsylvania. NUNEZ, JR., 20, PENA, 20, DEAZA, 21, MENDEZ, 20, HERNANDEZ, 22, COLON, 24, GUTIERREZ, 20, and MARTE, 22, were charged in a prior indictment and have been presented on those charges. TAVAREZ, 23, has not been arrested at this time. This case is assigned to United States District Judge J. Paul Oetken.
Charts containing the names, 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. Williams praised the outstanding investigative work of the NYPD and DEA. Mr. Williams also thanked the Manhattan District Attorney’s Office, the Bronx District Attorney’s Office, the Office of the Special Narcotics Prosecutor, the New York State Police, and the NYPD Task Force Officers assigned to this Office for their assistance in the investigation.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty
COUNT | DEFENDANT(S) | MAX. TERM OF IMPRISONMENT |
Count One: Conspiracy to Commit Racketeering (18 U.S.C. § 1962(d)) | Jowenky Nunez, Jr. Jerrin Pena Justin Deaza Wilson Mendez Brian Hernandez Hugo Rodriguez Mayovanex Rodriguez Johann Zapata Elvis Trejo Steven Joaquin Iyaury Rodriguez-Rosario Jowenky Nunez, Sr. Argenis Tavarez | Life Imprisonment
|
Count Two: Murder in Aid of Racketeering (18 U.S.C. §§ 1959(a)(1) and 2)
| Jowenky Nunez, Jr. Brian Hernandez Iyaury Rodriguez-Rosario | Death or a Mandatory Minimum Sentence of Life Imprisonment |
Count Three: Use of a Firearm to Commit Murder (18 U.S.C. § 924(j)(1))
| Jowenky Nunez, Jr. Brian Hernandez Iyaury Rodriguez-Rosario | Death or Life Imprisonment; Mandatory Minimum Sentence of 5 years |
Count Four: Murder in Aid of Racketeering (18 U.S.C. §§ 1959(a)(1) and 2)
| Jowenky Nunez, Jr. Brian Hernandez Iyaury Rodriguez-Rosario | Death or a Mandatory Minimum Sentence of Life Imprisonment |
Count Five: Use of a Firearm to Commit Murder (18 U.S.C. §§ 924(j)(1) and 2)
| Jowenky Nunez, Jr. Brian Hernandez Iyaury Rodriguez-Rosario | Death or Life Imprisonment; Mandatory Minimum Sentence of 5 years |
Count Six: Murder in Aid of Racketeering (18 U.S.C. §§ 1959(a)(1) and 2)
| Mayovanex Rodriguez | Death or a Mandatory Minimum Sentence of Life Imprisonment |
Count Seven: Use of a Firearm to Commit Murder (18 U.S.C. §§ 924(j)(1) and 2)
| Mayovanex Rodriguez | Death or Life Imprisonment; Mandatory Minimum Sentence of 5 years |
Count Eight: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
| Brian Hernandez Argenis Tavarez | 20 years’ Imprisonment |
Count Nine: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii), and 2)
| Brian Hernandez Argenis Tavarez | Life Imprisonment; Mandatory Minimum Sentence of 10 years
|
Count Ten: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
| Jerrin Pena Brian Hernandez Argenis Tavarez | 20 years’ Imprisonment |
Count Eleven: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii), and 2)
| Jerrin Pena Brian Hernandez Argenis Tavarez | Life Imprisonment; Mandatory Minimum Sentence of 10 years
|
Count Twelve: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
| Jowenky Nunez, Sr. | 20 years’ Imprisonment |
Count Thirteen: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii), and 2)
| Jowenky Nunez, Sr. | Life Imprisonment; Mandatory Minimum Sentence of 10 years
|
Count Fourteen: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
| Justin Deaza Wilson Mendez | 20 years’ Imprisonment |
Count Fifteen: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii), and 2)
| Justin Deaza Wilson Mendez | Life Imprisonment; Mandatory Minimum Sentence of 10 years
|
Count Sixteen: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
| Brian Hernandez | 20 years’ Imprisonment |
Count Seventeen: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii), and 2)
| Brian Hernandez | Life Imprisonment; Mandatory Minimum Sentence of 10 years
|
Count Eighteen: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
| Jowenky Nunez, Jr. Steven Joaquin Iyaury Rodriguez-Rosario | 20 years’ Imprisonment |
Count Nineteen: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii), and 2)
| Jowenky Nunez, Jr. Steven Joaquin Iyaury Rodriguez-Rosario | Life Imprisonment; Mandatory Minimum Sentence of 10 years
|
Count Twenty: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
| Jowenky Nunez, Jr. Iyaury Rodriguez-Rosario | 20 years’ Imprisonment |
Count Twenty-One: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii) and 2)
| Jowenky Nunez, Jr. Iyaury Rodriguez-Rosario | Life Imprisonment; Mandatory Minimum Sentence of 10 years
|
Count Twenty-Two: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
| Jowenky Nunez, Jr. | 20 years’ Imprisonment |
Count Twenty-Three: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii), and 2)
| Jowenky Nunez, Jr. | Life Imprisonment; Mandatory Minimum Sentence of 10 years
|
Count Twenty-Four: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
| Jowenky Nunez, Jr. Justin Deaza | 20 years’ Imprisonment |
Count Twenty-Five: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii), and 2)
| Jowenky Nunez, Jr. Justin Deaza | Life Imprisonment; Mandatory Minimum Sentence of 10 years
|
Count Twenty-Six: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
| Hugo Rodriguez | 20 years’ Imprisonment |
Count Twenty-Seven: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii), and 2)
| Hugo Rodriguez | Life Imprisonment; Mandatory Minimum Sentence of 10 years
|
Count Twenty-Eight: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
| Jowenky Nunez, Sr. | 20 years’ Imprisonment |
Count Twenty-Nine: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii), and 2)
| Jowenky Nunez, Sr. | Life Imprisonment; Mandatory Minimum Sentence of 10 years
|
Hobbs Act Robbery (18 U.S.C. §§ 1951 and 2)
| Jowenky Nunez, Jr. Jerrin Pena Elvis Trejo Steven Joaquin | 20 years’ Imprisonment |
Count Thirty-One: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii), and 2)
| Jowenky Nunez, Jr. Jerrin Pena Elvis Trejo Steven Joaquin | Life Imprisonment; Mandatory Minimum Sentence of 10 years
|
Count Thirty-Two: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
| Jowenky Nunez, Jr. Elvis Trejo | 20 years’ Imprisonment |
Count Thirty-Three: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii), and 2)
| Jowenky Nunez, Jr. Elvis Trejo | Life Imprisonment; Mandatory Minimum Sentence of 10 years
|
Count Thirty-Four: Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3) and 2)
| Wilson Mendez | 20 years’ Imprisonment |
Count Thirty-Five: Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3) and 2)
| Justin Deaza | 20 years’ Imprisonment |
Count Thirty-Six: Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3) and 2)
| Justin Deaza | 20 years’ Imprisonment |
Count Thirty-Seven: Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3) and 2)
| Justin Deaza | 20 years’ Imprisonment |
Count Thirty-Eight: Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3) and 2)
| Justin Deaza Wilson Mendez | 20 years’ Imprisonment |
Count Thirty-Nine: Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3) and 2)
| Hugo Rodriguez Elvis Trejo | 20 years’ Imprisonment |
Count Forty: Conspiracy to Distribute Controlled Substances (21 U.S.C. § 846) | Jowenky Nunez, Jr., Jerrin Pena Justin Deaza Wilson Mendez Brian Hernandez Hugo Rodriguez Mayovanex Rodriguez Johann Zapata Elvis Trejo Steven Joaquin Iyaury Rodriguez-Rosario Jowenky Nunez, Sr. Argenis Tavarez Victor Colon Jose Gutierrez Nijmah Marte | Life Imprisonment; Mandatory Minimum Sentence of 10 years |
Count Forty-One: Possession of a Firearm in Furtherance of a Drug Trafficking Crime (18 U.S.C. §§ 924(c)(1)(A)(i) and 2) | Jowenky Nunez, Jr., Jerrin Pena Justin Deaza Wilson Mendez Brian Hernandez Hugo Rodriguez Mayovanex Rodriguez Johann Zapata Elvis Trejo Steven Joaquin Iyaury Rodriguez-Rosario Jowenky Nunez, Sr. Argenis Tavarez Victor Colon Jose Gutierrez Nijmah Marte | Life Imprisonment; Mandatory Minimum Sentence of 5 years |
Count Forty-Two: Interstate Transportation or Receipt of Firearms (18 U.S.C. §§ 922(a)(3), 924(a)(1), and 2) | Jowenky Nunez, Jr. Jerrin Pena Iyaury Rodriguez-Rosario | 5 years’ Imprisonment |
[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.
