Case 1:19-cr-00155-EAW-JJM Document 106 Filed 08/26/20 Page 1 of 23
IN THE DISTRICT COURT OF THE UNITED STATES
for the Western District of New York
____________________
MAY 2019 GRAND JURY
(Impaneled 05/03/2019)
THE UNITED STATES OF AMERICA SECOND SUPERSEDING
INDICTMENT
-vs- 19-CR-155-W
JARIEL COBB a/k/a Doobie a/k/a Black Violations:
(Counts 1–21), Title 21, United States Code,
Sections 841(a)(1), 846, 848(e)(1)(A),
JAMES REED a/k/a Fatts and 856(a)(1); and,
(Counts 1–7, 14, 16, 17, 19, 22), Title 18, United States Code,
JAHAAN McDUFFIE a/k/a Wanka Sections 2, 3, 844(h), 844(i), 844(m),
(Counts 1–3), 844(n), 924(c)(1)(A)(iii), 924(j)(1),
DESTENEE BELL a/k/a K 1512(k), 1512(c)(1), and 1951(a)
(Counts 1–3, 5, 6), (24 Counts, Notices of Special Findings
under Title 18, United States Code,
DEANDRE WILSON a/k/a D Sections 3591 and 3592, and 2 Forfeiture
(Counts 1, 8–21, 23, 24), and Allegations)
DESHEMA CLARK
(Counts 1, 23, 24)
COUNT 1
(Narcotics Conspiracy)
The Grand Jury Charges That:
Beginning in or about 2014, the exact date being unknown, and continuing until on or
about September 25, 2019, in the Western District of New York, and elsewhere, the
defendants, JARIEL COBB a/k/a Doobie a/k/a Black, JAMES REED a/k/a Fatts,
JAHAAN McDUFFIE a/k/a Wanka, DESTENEE BELL a/k/a K, DEANDRE
WILSON a/k/a D, and DESHEMA CLARK, did knowingly, willfully, and unlawfully
Case 1:19-cr-00155-EAW-JJM Document 106 Filed 08/26/20 Page 2 of 23
combine, conspire, and agree together and with others, known and unknown, to commit the
following offenses, that is,
a. to possess with intent to distribute, and to distribute,
(i) 5 kilograms or more of a mixture and substance containing cocaine, a
Schedule II controlled substance;
(ii) 1 kilogram or more of a mixture and substance containing heroin, a
Schedule I controlled substance;
(iii) 100 kilograms or more of a mixture and substance containing
marijuana, a Schedule I controlled substance; and,
(iv) butyryl fentanyl, a Schedule I controlled substance;
in violation of Title 21, United States Code, Sections 841(a)(l), 841(b)(1)(A), 841(b)(1)(B),
and 841(b)(1)(C); and,
b. to use and maintain a place for the purpose of manufacturing, distributing, and
using heroin, butyryl fentanyl and marijuana, Schedule I controlled substances,
and cocaine, a Schedule II controlled substance, in violation of Title 21, United
States Code, Section 856(a)(1).
All in violation of Title 21, United States Code, Section 846.
2
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COUNT 2
(Distribution of 100 Kilograms or More of Marijuana)
The Grand Jury Further Charges That:
Beginning in or about 2014, the exact date being unknown, and continuing until on or
about September 25, 2019, in the Western District of New York, and elsewhere, the
defendants, JARIEL COBB a/k/a Doobie a/k/a Black, JAMES REED a/k/a Fatts,
JAHAAN MCDUFFIE a/k/a Wanka, and DESTENEE BELL a/k/a K, did knowingly,
intentionally, and unlawfully possess with intent to distribute, and distribute, 100 kilograms
or more of a mixture and substance containing marijuana, a Schedule I controlled substance.
All in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B),
and Title 18, United States Code, Section 2.
COUNT 3
(Distribution of 1 Kilogram or More of Heroin)
The Grand Jury Further Charges That:
Beginning in or about 2016, the exact date being unknown, and continuing until on or
about September 25, 2019, in the Western District of New York, and elsewhere, the
defendants, JARIEL COBB a/k/a Doobie a/k/a Black, JAMES REED a/k/a Fatts,
JAHAAN McDUFFIE a/k/a Wanka, and DESTENEE BELL a/k/a K, did knowingly,
intentionally, and unlawfully possess with intent to distribute, and distribute, 1 kilogram or
more of a mixture and substance containing heroin, a Schedule I controlled substance.
All in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A),
and Title 18, United States Code, Section 2.
3
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COUNT 4
(Distribution of 5 Kilograms or More of Cocaine)
The Grand Jury Further Charges That:
Beginning in or about 2016, the exact date being unknown, and continuing until on or
about September 25, 2019, in the Western District of New York, and elsewhere, the
defendants, JARIEL COBB a/k/a Doobie a/k/a Black and JAMES REED a/k/a Fatts,
did knowingly, intentionally, and unlawfully possess with intent to distribute, and distribute,
5 kilograms or more of a mixture and substance containing cocaine, a Schedule II controlled
substance.
All in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A)
and Title 18, United States Code, Section 2.
COUNT 5
(Maintaining a Drug-Involved Premises)
The Grand Jury Further Charges That:
Beginning in or about 2016, the exact date being unknown, and continuing until on or
about September 25, 2019, in the Western District of New York, the defendants, JARIEL
COBB a/k/a Doobie a/k/a Black, JAMES REED a/k/a Fatts, and DESTENEE BELL
a/k/a K, did knowingly, intentionally, and unlawfully use and maintain a place, that is, the
premises at 211 Box Avenue, Buffalo, New York, for the purpose of manufacturing,
distributing, and using heroin, a Schedule I controlled substance, and cocaine, a Schedule II
controlled substance.
4
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All in violation of Title 21, United States Code, Section 856(a)(1) and Title 18,
United States Code, Section 2.
COUNT 6
(Maintaining a Drug-Involved Premises)
The Grand Jury Further Charges That:
Beginning in or about 2016, the exact date being unknown, and continuing until on or
about September 25, 2019, in the Western District of New York, the defendants, JARIEL
COBB a/k/a Doobie a/k/a Black, JAMES REED a/k/a Fatts, and DESTENEE BELL
a/k/a K, did knowingly, intentionally, and unlawfully use and maintain a place, that is, the
premises at 973 Fillmore Avenue, Floor 3, Rear Apartment, Buffalo, New York, for the
purpose of manufacturing, distributing, and using heroin, a Schedule I controlled substance.
All in violation of Title 21, United States Code, Section 856(a)(1) and Title 18,
United States Code, Section 2.
5
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COUNT 7
(Possession with Intent to Distribute 500 Grams or More of Cocaine)
The Grand Jury Further Charges That:
On or about February 22, 2019, in the Western District of New York, the defendants,
JARIEL COBB a/k/a Doobie a/k/a Black and JAMES REED a/k/a Fatts, did
knowingly, intentionally, and unlawfully possess with intent to distribute 500 grams or more
of a mixture and substance containing cocaine, a Schedule II controlled substance.
All in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B),
and Title 18, United States Code, Section 2.
COUNT 8
(Hobbs Act Conspiracy)
The Grand Jury Further Charges That:
Between on or about September 15, 2019, and on or about September 16, 2019, in the
Western District of New York, the defendants, JARIEL COBB a/k/a Doobie a/k/a Black
and DEANDRE WILSON a/k/a D, did knowingly, willfully, and unlawfully combine,
conspire, and agree together and with others, known and unknown, to obstruct, delay, and
affect commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3),
and the movement of articles and commodities in commerce, by robbery, as that term is
defined in Title 18, United States Code, Section 1951(b)(1), in particular, the robbery of
personal property, including cocaine, cellular telephones, and a white Chrysler Pacifica
minivan bearing Florida license plate KBYR32, from Miguel Anthony Valentin-Colon,
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Nicole Marie Merced-Plaud, and Dhamyl Roman-Audiffred, individuals engaged in the
unlawful possession and distribution of controlled substances, including cocaine.
All in violation of Title 18, United States Code, Section 1951(a).
COUNT 9
(Hobbs Act Robbery)
The Grand Jury Further Charges That:
On or about September 15, 2019, in the Western District of New York, the defendants,
JARIEL COBB a/k/a Doobie a/k/a Black and DEANDRE WILSON a/k/a D, did
unlawfully obstruct, delay and affect, and attempt to obstruct, delay and affect, commerce, as
that term is defined in Title 18, United States Code, Section 1951(b)(3), and the movement of
articles and commodities in commerce, by robbery, as that term is defined in Title 18, United
States Code, Section 1951(b)(1), in particular, the robbery of personal property, including
cocaine, cellular telephones, and a white Chrysler Pacifica minivan bearing Florida license
plate KBYR32, from, and in the presence of, Miguel Anthony Valentin-Colon, Nicole Marie
Merced-Plaud, and Dhamyl Roman-Audiffred, individuals engaged in the unlawful
possession and distribution of controlled substances, including cocaine.
All in violation of Title 18, United States Code, Sections 1951(a) and 2.
7
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COUNT 10
(Murder While Engaged in a Narcotics Conspiracy)
The Grand Jury Further Charges That:
On or about September 15, 2019, in the Western District of New York, the defendants,
JARIEL COBB a/k/a Doobie a/k/a Black and DEANDRE WILSON a/k/a D, while
engaged in an offense punishable under Title 21, United States Code, Section 841(b)(1)(A),
that is, the possession with intent to distribute, and distribution, of 5 kilograms or more of a
mixture and substance containing cocaine, and conspiracy to do so, in violation of Title 21,
United States Code, Sections 841(a)(1) and 846, did intentionally kill and counsel, command,
induce, procure, and cause the intentional killing of Miguel Anthony Valentin-Colon, Nicole
Marie Merced-Plaud, and Dhamyl Roman-Audiffred, and such killings resulted.
All in violation of Title 21, United States Code, Section 848(e)(1)(A) and Title 18,
United States Code, Section 2.
COUNT 11
(Discharge of a Firearm in Furtherance of a
Crime of Violence and Drug Trafficking Crimes)
The Grand Jury Further Charges That:
On or about September 15, 2019, in the Western District of New York, the defendants,
JARIEL COBB a/k/a Doobie a/k/a Black and DEANDRE WILSON a/k/a D, during
and in relation to drug trafficking crimes, that is, violations of Title 21, United States Code,
Sections 841(a)(1), 846, and 848(e)(1)(A), committed in the manner set forth in Counts 1, 4,
and 10 of this Second Superseding Indictment, the allegations of which are incorporated
herein by reference, and a crime of violence, that is, a violation of Title 18, United States
8
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Code, Section 1951(a), committed in the manner set forth in Count 9 of this Second
Superseding Indictment, the allegations of which are incorporated herein by reference, for
which they may be prosecuted in a court of the United States, did knowingly and unlawfully
use, carry, and discharge a firearm, and in furtherance of said crimes, did knowingly and
unlawfully possess and discharge a firearm.
All in violation of Title 18, United States Code, Sections 924(c)(1)(A)(iii) and 2.
COUNT 12
(Discharge of a Firearm Causing Death in Furtherance of a
Crime of Violence and Drug Trafficking Crimes)
The Grand Jury Further Charges That:
On or about September 15, 2019, in the Western District of New York, the defendants,
JARIEL COBB a/k/a Doobie a/k/a Black and DEANDRE WILSON a/k/a D, during
and in relation to drug trafficking crimes, that is, violations of Title 21, United States Code,
Sections 841(a)(1), 846, and 848(e)(1)(A), committed in the manner set forth in Counts 1, 4,
and 10 of this Second Superseding Indictment, the allegations of which are incorporated
herein by reference, and a crime of violence, that is, a violation of Title 18, United States
Code, Section 1951(a), committed in the manner set forth in Count 9 of the Second
Superseding Indictment, the allegations of which are incorporated herein by reference, for
which they may be prosecuted in a court of the United States, did knowingly and unlawfully
use, carry, and discharge a firearm, and in furtherance of such crimes, did knowingly and
unlawfully possess and discharge a firearm, in violation of Title 18, United States Code,
Section 924(c)(1)(A)(iii), and that, in the course of this violation, the defendants, JARIEL
COBB a/k/a Doobie a/k/a Black and DEANDRE WILSON a/k/a D, caused the death
9
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of a person through the use of a firearm, which killing was a murder as defined in Title 18,
United States Code, Section 1111, in that the defendants, with malice aforethought, did
willfully, deliberately, maliciously, and with premeditation, kill Miguel Anthony Valentin-
Colon, by shooting him with a firearm.
All in violation of Title 18, United States Code, Sections 924(c)(1)(A)(iii), 924(j)(1),
and 2.
COUNT 13
(Discharge of Firearm Causing Death in Furtherance of a
Crime of Violence and Drug Trafficking Crimes)
The Grand Jury Further Charges That:
On or about September 15, 2019, in the Western District of New York, the defendants,
JARIEL COBB a/k/a Doobie a/k/a Black and DEANDRE WILSON a/k/a D, during
and in relation to drug trafficking crimes, that is, violations of Title 21, United States Code,
Sections 841(a)(1), 846, and 848(e)(1)(A), committed in the manner set forth in Counts 1, 4,
and 10 of this Second Superseding Indictment, the allegations of which are incorporated
herein by reference, and a crime of violence, that is, a violation of Title 18, United States
Code, Section 1951(a), committed in the manner set forth in Count 9 of the Second
Superseding Indictment, the allegations of which are incorporated herein by reference, for
which they may be prosecuted in a court of the United States, did knowingly and unlawfully
use, carry, and discharge a firearm, and in furtherance of such crimes, did knowingly and
unlawfully possess and discharge a firearm, in violation of Title 18, United States Code,
Section 924(c)(1)(A)(iii), and that, in the course of this violation, the defendants, JARIEL
COBB a/k/a Doobie a/k/a Black and DEANDRE WILSON a/k/a D, caused the death
10
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of a person through the use of a firearm, which killing was a murder as defined in Title 18,
United States Code, Section 1111, in that the defendants, with malice aforethought, did
willfully, deliberately, maliciously, and with premeditation, kill Nicole Marie Merced-Plaud,
by shooting her with a firearm.
All in violation of Title 18, United States Code, Sections 924(c)(1)(A)(iii), 924(j)(1),
and 2.
COUNT 14
(Conspiracy to Obstruct Justice)
The Grand Jury Further Charges That:
Beginning on or about September 15, 2019, and continuing to on or September 25,
2019, in the Western District of New York, the defendants, JARIEL COBB a/k/a Doobie
a/k/a Black, JAMES REED a/k/a Fatts, and DEANDRE WILSON a/k/a D, did
knowingly, willfully, and unlawfully combine, conspire, and agree together and with others,
known and unknown, to corruptly alter, destroy, mutilate, and conceal objects, that is, the
bodies and clothing of Miguel Anthony Valentin-Colon, Nicole Marie Merced-Plaud, and
Dhamyl Roman-Audiffred, and a Chrysler Pacifica minivan, with intent to impair their
integrity and availability for use in an official proceeding, in violation of Title 18, United
States Code, Section 1512(c)(1).
All in violation of Title 18, United States Code, Sections 1512(k).
11
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COUNT 15
(Obstruction of Justice)
The Grand Jury Further Charges That:
Between on or about September 15, 2019, and on or about September 16, 2019, near
111 Tonawanda Street, Buffalo, New York, in the Western District of New York, the
defendants, JARIEL COBB a/k/a Doobie a/k/a Black and DEANDRE WILSON a/k/a
D, did corruptly alter, destroy, mutilate, and conceal, and attempt to corruptly alter, destroy,
mutilate, and conceal, objects, that is, the bodies and clothing of Miguel Anthony Valentin-
Colon and Nicole Marie Merced-Plaud, and a Chrysler Pacifica minivan, with the intent to
impair their integrity and availability for use in an official proceeding.
All in violation of Title 18, United States Code, Sections 1512(c)(1) and 2.
COUNT 16
(Obstruction of Justice)
The Grand Jury Further Charges That:
Between on or about September 15, 2019, and on or about September 16, 2019, at 225
Box Avenue, Buffalo, New York, in the Western District of New York, the defendants,
JARIEL COBB a/k/a Doobie a/k/a Black, JAMES REED a/k/a Fatts, and DEANDRE
WILSON a/k/a D, did corruptly alter, destroy, mutilate, and conceal, and attempt to
corruptly alter, destroy, mutilate, and conceal, objects, that is, the body and clothing of
Dhamyl Roman-Audiffred, with the intent to impair their integrity and availability for use in
an official proceeding.
All in violation of Title 18, United States Code, Sections 1512(c)(1) and 2.
12
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COUNT 17
(Conspiracy to Use Fire to Commit a Felony)
The Grand Jury Further Charges That:
Between on or about September 15, 2019, and on or about September 16, 2019, in the
Western District of New York, the defendants, JARIEL COBB a/k/a Doobie a/k/a Black,
JAMES REED a/k/a Fatts, and DEANDRE WILSON a/k/a D, did knowingly, willfully,
and unlawfully combine, conspire, and agree together and with others, known and unknown,
to use fire to commit felonies which may be prosecuted in a court of the United States, that
is, obstruction of justice and conspiracy to do so, in violation of Title 18, United States Code,
Sections 1512(k) and 1512(c)(1), committed in the manner set forth in Counts 14, 15, and 16
of this Second Superseding Indictment, the allegations of which are incorporated herein by
reference, each of which is a felony which may be prosecuted in a court of the United States,
in violation of Title 18, United States Code, Section 844(h).
All in violation of Title 18, United States Code, Sections 844(m) and 2.
COUNT 18
(Use of Fire to Commit a Felony)
The Grand Jury Further Charges That:
On or about September 16, 2019, near 111 Tonawanda Street, Buffalo, New York, in
the Western District of New York, the defendants, JARIEL COBB a/k/a Doobie a/k/a
Black and DEANDRE WILSON a/k/a D, did knowingly use fire to commit felonies which
may be prosecuted in a court of the United States, that is, obstruction of justice and conspiracy
to do so, in violation of Title 18, United States Code, Sections 1512(k) and 1512(c)(1),
13
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committed in the manner set forth in Counts 14 and 15 of this Second Superseding
Indictment, the allegations of which are incorporated herein by reference.
All in violation of Title 18, United States Code, Sections 844(h) and 2.
COUNT 19
(Use of Fire to Commit a Felony)
The Grand Jury Further Charges That:
Between on or about September 15, 2019, and on or about September 16, 2019, at 225
Box Avenue, Buffalo, New York, in the Western District of New York, the defendants,
JARIEL COBB a/k/a Doobie a/k/a Black, JAMES REED a/k/a Fatts, and DEANDRE
WILSON a/k/a D, did knowingly use fire to commit felonies which may be prosecuted in a
court of the United States, that is, obstruction of justice and conspiracy to do so, in violation
of Title 18, United States Code, Sections 1512(k) and 1512(c)(1), committed in the manner
set forth in Counts 14 and 16 of this Second Superseding Indictment, the allegations of which
are incorporated herein by reference.
All in violation of Title 18, United States Code, Sections 844(h) and 2.
14
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COUNT 20
(Conspiracy to Damage and Destroy a Vehicle Used
in Interstate Commerce by Fire)
The Grand Jury Further Charges That:
Between on or about September 15, 2019, and on or about September 16, 2019, in the
Western District of New York, the defendants, JARIEL COBB a/k/a Doobie a/k/a Black
and DEANDRE WILSON a/k/a D, did knowingly, willfully, and unlawfully combine,
conspire, and agree together and with others, known and unknown, to maliciously damage
and destroy by means of fire, a vehicle, that is, a Chrysler Pacifica minivan, bearing Florida
license plate KBYR32, used in interstate commerce and in an activity affecting interstate and
foreign commerce, in violation of Title 18, United States Code, Section 844(i).
All in violation of Title 18, United States Code, Sections 844(n) and 2.
COUNT 21
(Damaging and Destroying a Vehicle Used
in Interstate Commerce by Fire)
The Grand Jury Further Charges That:
On or about September 16, 2019, in the Western District of New York, the defendants,
JARIEL COBB a/k/a Doobie a/k/a Black and DEANDRE WILSON a/k/a D, did
maliciously damage and destroy, and attempt to damage and destroy, by means of fire, a
vehicle, that is, a Chrysler Pacifica minivan, bearing Florida license plate KBYR32, used in
interstate commerce and in an activity affecting interstate and foreign commerce.
All in violation of Title 18, United States Code, Sections 844(i) and 2.
15
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COUNT 22
(Accessory After the Fact)
The Grand Jury Further Charges That:
Between on or about September 15, 2019, and on or about September 16, 2019, in the
Western District of New York, the defendant, JAMES REED a/k/a Fatts, knowing that an
offense against the United States had been committed, that is, violations of Title 18, United
States Code, Sections 924(c)(1) and 1951(a), did relieve, comfort, and assist the offenders,
namely, Jariel Cobb a/k/a Doobie a/k/a Black and Deandre Wilson a/k/a D, in order to
hinder and prevent the apprehension, trial, and punishment of the offenders.
All in violation of Title 18, United States Code, Section 3.
COUNT 23
(Maintaining a Drug-Involved Premises)
The Grand Jury Further Charges That:
Between in or about September of 2019, the exact date being unknown, and on or
about October 9, 2019, in the Western District of New York, the defendant, DEANDRE
WILSON a/k/a D and DESHEMA CLARK, did knowingly, intentionally, and unlawfully
use and maintain a place, that is, the premises at 164 Parkridge Avenue, Buffalo, New York,
for the purpose of manufacturing, distributing, and using marijuana, a Schedule I controlled
substance.
All in violation of Title 21, United States Code, Section 856(a)(1) and Title 18,
United States Code, Section 2.
16
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COUNT 24
(Possession with Intent to Distribute Marijuana)
The Grand Jury Further Charges That:
On or about October 9, 2019, in the Western District of New York, the defendants,
DEANDRE WILSON a/k/a D and DESHEMA CLARK, did knowingly, intentionally,
and unlawfully possess with intent to distribute marijuana, a Schedule I controlled substance.
All in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(D)
and Title 18, United States Code, Section 2.
NOTICE OF SPECIAL FINDINGS
A. JARIEL COBB a/k/a Doobie a/k/a Black
1. The allegations of Counts 10, 12, and 13 of this Second Superseding Indictment
are hereby re-alleged as if fully set forth herein and incorporated by reference.
2. As to Counts 10, 12, and 13 of this Second Superseding Indictment, the
defendant, JARIEL COBB a/k/a Doobie a/k/a Black:
a. Was 18 years of age or older at the time of the offenses (Title 18, United
States Code, Section 3591(a));
b. Intentionally participated in an act, contemplating that the life of a
person would be taken and intending that lethal force would be used in
connection with a person, other than one of the participants in the
offense, and the victims, namely, Miguel Anthony Valentin-Colon,
Nicole Marie Merced-Plaud, and Dhamyl Roman-Audiffred, died as a
direct result of the act (Title 18, United States Code, Section
3591(a)(2)(C));
c. Intentionally and specifically engaged in an act of violence, knowing
that the act created a grave risk of death to a person, other than one of
the participants in the offense, such that participation in the act
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constituted a reckless disregard for human life and the victims, namely,
Miguel Anthony Valentin-Colon, Nicole Marie Merced-Plaud, and
Dhamyl Roman-Audiffred, died as a direct result of the act (Title 18,
United States Code, Section 3591(a)(2)(D));
d. During the commission of the offense, knowingly created a grave risk of
death to a person in addition to the victims of the offense (Title 18,
United States Code, Section 3592(c)(5));
e. Committed the offense as consideration for the receipt, or in the
expectation of the receipt, of anything of pecuniary value (Title 18,
United States Code, Section 3592(c)(8));
f. Committed the offense after substantial planning and premeditation to
cause the death of a person (Title 18, United States Code, Section
3592(c)(9));
g. Has previously been convicted of 2 or more Federal offenses punishable
by a term of imprisonment of more than one year, committed on
different occasions, involving the distribution of a controlled substance
(Title 18, United States Code, Section 3592(c)(10));
h. Has previously been convicted of violating the Comprehensive Drug
Abuse Prevention and Control Act of 1970 for which a sentence of 5 or
more years may be imposed and had previously been convicted of
engaging in a continuing criminal enterprise (Title 18, United States
Code, Section 3592(c)(12)); and,
i. Intentionally killed or attempted to kill more than one person in a single
criminal episode (Title 18, United States Code, Section 3592(c)(16));
All pursuant to Title 18, United States Code, Sections 3591 and 3592.
B. DEANDRE WILSON a/k/a D
1. The allegations of Counts 10, 12, and 13 of this Second Superseding Indictment
are hereby re-alleged as if fully set forth herein and incorporated by reference.
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2. As to Counts 10, 12, and 13 of this Second Superseding Indictment, the
defendant, DEANDRE WILSON a/k/a D:
a. Was 18 years of age or older at the time of the offenses (Title 18, United
States Code, Section 3591(a));
b. Intentionally killed the victims, namely, Miguel Anthony Valentin-
Colon, Nicole Marie Merced-Plaud, and Dhamyl Roman-Audiffred
(Title 18, United States Code, Section 3591(a)(2)(A));
c. Intentionally inflicted serious bodily injury that resulted in the death of
the victims, namely, Miguel Anthony Valentin-Colon, Nicole Marie
Merced-Plaud, and Dhamyl Roman-Audiffred (Title 18, United States
Code, Section 3591(a)(2)(B));
d. Intentionally participated in an act, contemplating that the life of a
person would be taken and intending that lethal force would be used in
connection with a person, other than one of the participants in the
offense, and the victims, namely, Miguel Anthony Valentin-Colon,
Nicole Marie Merced-Plaud, and Dhamyl Roman-Audiffred, died as a
direct result of the act (Title 18, United States Code, Section
3591(a)(2)(C));
e. Intentionally and specifically engaged in an act of violence, knowing
that the act created a grave risk of death to a person, other than one of
the participants in the offense, such that participation in the act
constituted a reckless disregard for human life and the victims, namely,
Miguel Anthony Valentin-Colon, Nicole Marie Merced-Plaud, and
Dhamyl Roman-Audiffred, died as a direct result of the act (Title 18,
United States Code, Section 3591(a)(2)(D));
f. Has previously been convicted of a State offense punishable by a term
of imprisonment of more than one year, committed on different
occasions, involving the use or attempted or threatened use of a firearm
against another person (Title 18, United States Code, Section
3592(c)(2));
g. Has been previously convicted of another State offense resulting in the
death of a person, for which a sentence of life imprisonment was
authorized by statute (Title 18, United States Code, Section 3592(c)(3));
h. During the commission of the offense, knowingly created a grave risk of
death to a person in addition to the victims of the offense (Title 18,
United States Code, Section 3592(c)(5));
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i. Committed the offense as consideration for the receipt, or in the
expectation of the receipt, of anything of pecuniary value (Title 18,
United States Code, Section 3592(c)(8));
j. Committed the offense after substantial planning and premeditation to
cause the death of a person (Title 18, United States Code, Section
3592(c)(9));
k. Intentionally killed or attempted to kill more than one person in a single
criminal episode (Title 18, United States Code, Section 3592(c)(16));
and,
All pursuant to Title 18, United States Code, Sections 3591 and 3592.
ALLEGATION OF PRIOR CONVICTION
FOR SERIOUS DRUG FELONY
Before the defendant, JARIEL COBB a/k/a Doobie a/k/a Black, committed the
offenses charged in Counts 1 through 4 of this Second Superseding Indictment, the defendant
had final convictions for serious drug felonies, that is, violations of 21 U.S.C. §§ 841(a)(1) and
848(a) for which the defendant served more than 12 months of imprisonment and for which
the defendant was released from serving any term of imprisonment related to the offense
within 15 years of the commencement of the instant offenses.
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ALLEGATION OF PRIOR CONVICTION
FOR SERIOUS DRUG FELONY
Before the defendant, JAMES REED a/k/a Fatts, committed the offenses charged in
Counts 1 through 4 of this Second Superseding Indictment, the defendant had a final
conviction for a serious drug felony, that is, a violation of 21 U.S.C. § 846 for which the
defendant served more than 12 months of imprisonment and for which the defendant was
released from serving any term of imprisonment related to the offense within 15 years of the
commencement of the instant offenses.
ALLEGATION OF PRIOR CONVICTION
FOR SERIOUS VIOLENT FELONY
Before the defendant, DEANDRE WILSON a/k/a D, committed the offense
charged in Count 1 of this Second Superseding Indictment, the defendant had a final
conviction for a serious violent felony, that is, a violation of New York State Penal Law
125.25(01) for which the defendant served more than 12 months of imprisonment.
FIRST FORFEITURE ALLEGATION
The Grand Jury Alleges That:
Upon conviction of the controlled substance offenses alleged in Counts 1 through 7,
23, and 24 of this Second Superseding Indictment, or any one of them, the defendants,
JARIEL COBB a/k/a Doobie a/k/a Black, JAMES REED a/k/a Fatts, JAHAAN
McDUFFIE a/k/a Wanka, DESTENEE BELL a/k/a K, DEANDRE WILSON a/k/a D,
and DESHEMA CLARK, shall forfeit to the United States any property constituting, and
derived from, proceeds obtained, directly and indirectly, as a result of said violations and any
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and all property used, and intended to be used, in any manner or part, to commit and to
facilitate the commission of said violations, including, but not limited to the following:
CURRENCY:
a. The sum of $16,900 in United States Currency seized by law
enforcement on or about September 26, 2019, from 416 Moselle Street,
Buffalo, New York.
All pursuant to Title 21, United States Code, Sections 853(a)(1) and 853(a)(2).
SECOND FORFEITURE ALLEGATION
The Grand Jury Further Alleges That:
Upon conviction of Counts 1 through 7, 10 through 13, 23 and 24 of this Second
Superseding Indictment, or any one of them, the defendants, JARIEL COBB a/k/a Doobie
a/k/a Black, JAMES REED a/k/a Fatts, JAHAAN McDUFFIE a/k/a Wanka,
DESTENEE BELL a/k/a K, DEANDRE WILSON a/k/a D, and DESHEMA CLARK,
shall forfeit all their right, title, and interest to the United States of any firearms and
ammunition involved and used in the commission of the offense, or found in their possession
and under their immediate control at the time of arrest, including but not limited to:
FIREARMS/AMMUNITION:
a. One Taurus handgun, Model PT-111G2, 9mm, bearing serial number
TKM43346 with magazine containing twelve (12) rounds of 9mm
ammunition, seized by law enforcement from 211 Box Avenue, Buffalo,
New York, on or about September 26, 2019;
b. One bag with ten (10) rounds of 9mm ammunition, seized by law
enforcement from 211 Box Avenue, Buffalo, New York, on or about
September 26, 2019; and,
c. One Hi-Point handgun, Model C9, 9mm, bearing serial number
P1872615, surrendered to law enforcement at or near Buffalo Harbor
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State Park, 1111 Fuhrman Boulevard, Buffalo, New York, on or about
May 25, 2020.
All pursuant to Title 18, United States Code, Sections 924(d) and 3665, and Title
28, United States Code, Section 2461(c).
DATED: Buffalo, New York, August 26, 2020.
JAMES P. KENNEDY, JR.
United States Attorney
BY: S/BRENDAN T. CULLINANE
Assistant United States Attorney
United States Attorney’s Office
Western District of New York
138 Delaware Avenue
Buffalo, New York 14202
716/843-5875
[Link]@[Link]
A TRUE BILL:
S/FOREPERSON
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