Preet Bharara, the United States Attorney for the Southern District of New York, Diego Rodriguez, Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Charles Gardner, the Commissioner of the Yonkers Police Department, announced the unsealing yesterday of a Second Superseding Indictment charging 11 members and associates of a Yonkers-based street gang, “Cruddy 650,” with participation in a racketeering conspiracy, murder in aid of racketeering, Hobbs Act robbery conspiracy, bank robbery, firearms offenses, and witness tampering.
The original Indictment, filed in November 2014, charged four Cruddy 650 affiliates with Hobbs Act robbery conspiracy, bank robbery, and witness tampering. The First Superseding Indictment, filed in February 2015, charged eight Cruddy 650 affiliates with Hobbs Act robbery conspiracy, bank robbery, firearms offenses, and witness tampering. Yesterday’s Superseding Indictment charges three additional Cruddy 650 members and associates (as well as the eight defendants previously charged) and adds racketeering charges, including charges relating to the murder of Andre Folsom, who was shot through the head in the parking lot of a Walmart store in Greenacres, Florida, on May 26, 2014.
Nine of the eleven defendants charged in the Superseding Indictment unsealed yesterday were previously in state or federal custody. PAUL NEGRIN was arrested yesterday in Hollywood, Florida, and was presented in federal court in Ft. Lauderdale, Florida. JAMES MORRIS was arrested yesterday in Yonkers and was presented in White Plains federal court. The case is assigned to U.S. District Judge Vincent Briccetti.
U.S. Attorney Preet Bharara said: “As alleged, members of the Cruddy 650 gang terrorized the streets and businesses of southwest Yonkers with countless robberies and other acts of violence. Members of the gang also allegedly took their criminal activities on the road, traveling to Florida, leading to tragic consequences for murder victim Andre Folsom and his family. I want to commend and thank the FBI and the Yonkers Police Department on their outstanding investigation.”
FBI Assistant Director-in-Charge Diego Rodriguez stated: “We now have all 11, herein identified, members of the Cruddy 650 enterprise in custody where they can answer for the full extent of their alleged criminal activities. The FBI thanks all its law enforcement partners, with whom we worked tirelessly, not only in the New York area, but up and down the East Coast. We will continue to protect our communities from senseless violence, such as that alleged in the indictments, which serves only to promote illegal operations and terrify anyone who threatens their activities.”
Yonkers Police Commissioner Charles Gardner stated: “This group of individuals recklessly engaged in numerous violent crimes against our residents. These indictments will remove these violent gang members from our community and make our city a safer place. Ongoing investigations with our federal law enforcement partners will continue to target those persons who choose to engage in this type of activity. I would like to thank the US Attorney’s Office for the Southern District of New York and the FBI Violent Crimes Task force for their tireless efforts in this investigation.”
According to the allegations in the Second Superseding Indictment and other documents in the public record As the introductory phrase signifies, the entirety of the text of the Second Superseding Indictment, and the description of the Second Superseding Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.:
Cruddy 650 is a criminal enterprise operating principally in and around the City of Yonkers, New York. Cruddy 650 was founded in 2013 as the result of an alliance between gang members hailing from various parts of Yonkers, including Riverdale Avenue, Woodworth Avenue, Warburton Avenue, and Cottage Place Gardens. Even after the alliance, members of the gang hailing from Cottage Place Gardens continued to identify primarily as “Cruddy,” while members of the gang hailing from Riverdale Avenue identified primarily as “650.”
Cruddy 650 members and associates protected and promoted the gang’s power and territory, and sought to enrich its members, through acts of violence, intimidation, and the sale of illegal drugs. During the time period relevant to the Superseding Indictment, members and associates of Cruddy 650 were responsible for multiple shootings and attempted murders, street robberies, robberies of banks and other businesses, bank fraud, witness tampering, and the distribution of narcotics, including crack cocaine and marijuana. Victims of the shootings and other acts of violence perpetrated by members of Cruddy 650 included both rival gang members and innocent bystanders.
The violence of the Cruddy 650 enterprise and its members spread from Yonkers, New York, to Florida. On or about May 26, 2014, KEVIN WILTSHIRE murdered Andre Folsom in Greenacres, Florida, shooting him in the head during a dispute in the parking lot of a Walmart store. The Second Superseding Indictment alleges that WILTSHIRE committed the murder in order to maintain and increase his position in Cruddy 650.
* * *
Counts One and Two of the Second Superseding Indictment charge DIONDRE CARLISLE, MYKAI DAVIS, RAKEEM FLOWERS, TYRONE SMITH, WILTSHIRE, SAUDY GUERRERO, DARNELL KIDD, JAMES MORRIS, and PAUL NEGRIN with racketeering conspiracy and firearms offenses in connection with that conspiracy. As alleged, various combinations of those defendants committed at least four shootings, and 11 robberies or attempted robberies, six of which were armed, in furtherance of the conspiracy. Counts Three and Four of the Second Superseding Indictment charge WILTSHIRE with murder in aid of racketeering activity and a related firearms offense. Count Five charges CARLISLE, DAVIS, FLOWERS, CESAR MUNGUIA, ISAIAH WASHINGTON, WILTSHIRE, GUERRERO, KIDD, and MORRIS with Hobbs Act robbery conspiracy. Count Six charges CARLISLE, DAVIS, FLOWERS, CESAR MUNGUIA, WILTSHIRE, GUERRERO, KIDD, and MORRIS with a firearms offense related to the Hobbs Act robbery conspiracy. As in the initial Indictment, CARLISLE, WASHINGTON, and WILTSHIRE are charged with bank robbery in connection with the October 27, 2014, robbery of a Citibank branch in Yonkers; CARLISLE is charged with attempted bank robbery in connection with the November 3, 2014, attempted robbery of a Chase Bank branch in Yonkers; and FLOWERS and TYRONE SMITH, are charged with witness tampering in connection with their threats against an individual who provided information to law enforcement relating to the November 3 attempted robbery of the Chase Bank branch.
Charts containing the names, ages, residences, 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. Bharara praised the outstanding investigative work of the FBI’s Westchester Violent Crimes Task Force, which comprises agents and detectives of the FBI, the City of Yonkers Police Department, the Westchester County Police, the Westchester County District Attorney’s Office, and the City of Peekskill Police Department. He also thanked the FBI’s Miami Division and the Greenacres Department of Public Safety for their assistance.
The prosecution is being handled by the Office’s White Plains Division. Assistant U.S. Attorneys Scott Hartman, George Turner, and Jessica Feinstein are in charge of the prosecution.
The charges contained in the Superseding Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
United States v. Diondre Carlisle, et al., S2 14 Cr. 768 (VB)
|1||Racketeering conspiracy, 18 U.S.C. § 1962(d)||DIONDRE CARLISLEMYKAI DAVISRAKEEM FLOWERS|
|20 years in prison|
|2||Using or carrying a firearm during and in relation to a crime of violence and drug trafficking crime,18 U.S.C. § 924(c)||DIONDRE CARLISLEMYKAI DAVISRAKEEM FLOWERS|
|Life in prisonMandatory minim of seven years in prison (brandishing), or mandatory minimum 10 years in prison (shooting) consecutive to any other sentence on the first offense; or mandatory 25 years consecutive on the second offense.|
|3||Murder in aid of racketeering activity, 18 USC 1959(a)(1)||KEVIN WILTSHIRE||Mandatory life in prison or death|
|4||Carrying and using firearms during and in relation to and possessing firearms in furtherance of a crime of violence resulting in the death of another, 18 U.S.C. § 924(j)||KEVIN WILTSHIRE||Life in prison or deathMandatory minimum of 25 years|
|5||Conspiracy to commit Hobbs Act robbery18 U.S.C. § 1951||DIONDRE CARLISLERAKEEM FLOWERSMYKAI DAVIS|
|20 years in prison|
|6||Brandishing a firearm during and in relation to a crime of violence18 U.S.C. § 924(c)||DIONDRE CARLISLERAKEEM FLOWERSMYKAI DAVIS|
|Life in prisonMandatory minimum of seven years in prison, consecutive to any other sentence|
|7||Bank robbery18 U.S.C. § 2113(a)||DIONDRE CARLISLEISAIAH WASHINGTONKEVIN WILTSHIRE|
|20 years in prison|
|8||Attempted bank robbery18 U.S.C. § 2113(a)||DIONDRE CARLISLE||20 years in prison|
|9||Witness tampering18 U.S.C. § 1513(b)||RAKEEM FLOWERSTYRONE SMITH||20 years in prison|
|DIONDRE CARLISLE||18||Yonkers, NY|
|MYKAI DAVIS||19||Yonkers, NY|
|RAKEEM FLOWERS||19||Yonkers, NY|
|CESAR MUNGUIA||20||Yonkers, NY|
|TYRONE SMITH||24||Yonkers, NY|
|ISAIAH WASHINGTON||19||Yonkers, NY|
|KEVIN WILTSHIRE||19||Yonkers, NY|
|SAUDY GUERRERO||20||Yonkers, NY|
|DARNELL KIDD||23||Yonkers, NY|
|JAMES MORRIS||24||Yonkers, NY|
|PAUL NEGRIN||22||Hollywood, FL|