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Saturday, February 21, 2015

Leadership of the Devils Diciples Motorcycle Gang Convicted of Racketeering and Drug-Trafficking Charges

After a four-month trial, a federal jury in the Eastern District of Michigan convicted six members of the Devils Diciples Motorcycle Gang, including the national president, national vice president and national warlord, for their participation in various criminal acts, including violent crimes in aid of racketeering, methamphetamine production and trafficking, illegal firearms offenses, obstruction of justice, illegal gambling and other federal offenses. 

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Barbara L. McQuade of the Eastern District of Michigan and Special Agent in Charge Paul M. Abbate of the FBI’s Detroit Field Office made the announcement.

“For too many years the Devils Diciples spread fear and violence throughout Michigan and the country,” said Assistant Attorney General Caldwell.  “This outlaw motorcycle gang thrived on intimidation and its ability to avoid prosecution – but no longer.  Through these convictions, we have decimated the gang and its leadership and helped secure justice for the communities they harmed.”

"These defendants were responsible for violence and trafficking in methamphetamine in Macomb County and across the country,” said U.S. Attorney McQuade.  “We are grateful for the work of the investigating agencies and the jury to bring them to justice."

“The defendants in this case perpetrated a broad range of violent criminal activities in support of their illegal enterprise,” said Special Agent in Charge Abbate.  “Today’s convictions, which targeted the leadership of this criminal organization, reflect the hard work and dedication of federal, state and local law enforcement, the Department of Justice Criminal Division’s Organized Crime and Gang Section and the U.S. Attorney’s Office for the Eastern District of Michigan.”

Devils Diciples national President Jeff Garvin Smith, aka “Fat Dog,” 60, of Mt. Clemens, Michigan; National Vice President Paul Anthony Darrah, aka “Pauli,” 50, of Macomb Township, Michigan; and National Warlord Cary Dale Vandiver, aka “Gun Control,” 56, of Sand Mountain, Alabama, were all found guilty by a jury of engaging in a RICO conspiracy, methamphetamine trafficking conspiracy, conspiracy to obstruct justice, violent crimes in aid of racketeering and various substantive charges.  Another prominent leader, Vincent John Witort, aka “Holiday,” 64, of Fontana, California, and a methamphetamine cook, Patrick Michael McKeoun, aka “Magoo,” 60, of Birmingham, Alabama, were found guilty of engaging in a RICO conspiracy and methamphetamine trafficking conspiracy.  David Randy Drozdowski, aka “D,” 38 of Fair Haven, Michigan, was found guilty by a jury of committing violent crimes in aid of racketeering and being a felon in possession of a firearm.  Scott William Sutherland, aka “Scotty Z,” 49, of Redford, Michigan, was acquitted by the jury of various charges, but previously pleaded guilty to being a felon in possession of a firearm.  Sentencing hearings will be scheduled at a later date before U.S. District Judge Robert H. Cleland of the Eastern District of Michigan.

According to evidence presented at trial, the Devils Diciples (which is intentionally misspelled) is a motorcycle gang with its national headquarters in Clinton Township, Michigan.  The Devils Diciples operated regional chapters in cities throughout Michigan, Alabama, Arizona, California, Illinois, Indiana, Ohio and elsewhere, and engaged in criminal activities for financial gain.

Evidence presented at trial demonstrated that membership in the Devils Diciples is based in part on successful completion of a probationary period, followed by formal approval by one or more members or leaders.  Members, commonly referred to as “full patched members,” are required to own Harley Davidson motorcycles and are required to follow orders from the gang’s leadership, including orders to assault, threaten and intimidate others, to transport and distribute drugs, to lie to law enforcement and to hide or destroy evidence.  Members are also required to follow the Devils Diciples by-laws and attend regular meetings referred to as “church.”

According to evidence presented at trial, Smith was the National President and Darrah was the National Vice President of the gang.  In those roles, they were responsible for overall management of the activities of the other Devils Diciples members and chapters, including giving final approval to any activity generally affecting the gang as a whole.  Vandiver was the National Warlord – or enforcer – of the gang.  With other gang members, the leaders also participated directly in criminal activities both for financial gain on behalf of the Devils Diciples, and to protect the gang and its members.

Specifically, the evidence showed that in late 2007, Smith and Darrah were involved in the shooting of a Devils Diciples member who failed to abide by the gang’s rules.  And, in August 2008, Smith violently assaulted the girlfriend of another Devils Diciples member because he believed she disrespected him and the gang. 

Additionally, the evidence showed that Smith possessed state and federal law enforcement manuals regarding outlaw motorcycle gangs marked “For Official Use Only” and “Law Enforcement Sensitive,” and numerous documents related to criminal matters involving members of the Devils Diciples, including police reports, search warrants, affidavits, indictments and witness interview transcripts.  The evidence showed that the documents were used for the purposes of counter-surveillance and to identify suspected informants. 

The other defendants were also full patched members of the gang, who committed several other acts of violence.

For example, in August 2003, Witort and other gang members robbed, kidnapped and attempted to murder members of the gang’s Arizona Chapter for violating the gang’s rules.  Inside the Arizona clubhouse, the victims were bound with duct tape and zip ties, and severely beaten with firearms, tasers, knives, and other weapons.  The victims were then loaded into the bed of a pick-up truck, driven out into the desert, dumped into ravines, and left to die.  The evidence showed that Witort and Smith helped to plan the beatings and that Smith later congratulated one of the participants, telling him in a letter that the Devils Diciples were “all proud of you.”

Additionally, the evidence demonstrated that in 2012, at a bar in Chesterfield Township, Michigan, Drozdowski and another Devils Diciples member assaulted a perceived rival motorcycle gang member for being present in Devils Diciples territory.  The victim was knocked unconscious and suffered multiple fractures to his face and jaw.  Drozdowski and the other Devils Diciples member then ripped the leather vest off of the unconscious victim. 

In addition to the defendants convicted today, 21 members and associates of the Devil’s Diciples have been pleaded guilty to various crimes as result of this investigation.  The investigation further resulted in the seizure of more than 60 firearms and more than 6,000 rounds of ammunition and the dismantling of eight methamphetamine manufacturing laboratories across the country.

Friday, February 20, 2015

Superseding Indictment Against Westbank Gang Members Returned by Grand Jury

U.S. Attorney Kenneth A. Polite announced the return of a second superseding Indictment charging members of a violent Westbank gang associated with the Harvey Hustlers with violating federal drug and firearm laws, including multiple murders and shootings. A federal grand jury returned the second superseding Indictment against Harry Smoot, 30, Frankie Hookfin, 23, Ray Woodruff, 21, Andre Addison, a/k/a “Dooda,” 23, Lance Singleton, a/k/a “Life Taker,” 24, Terrance Kelley,a/k/a “Streets,” 28, Isaac Smith, a/k/a “Ike,” 21, Joequell Lewis, a/k/a “Blow,”27, Chris Brown,a/k/a “Ten,” 32, Richard Thomas, a/k/a “Stizzle,” 39, Terrell Wade, a/k/a “T-Dog,” 39, andClifford Sonnier a/k/a “Dut,” 25, all of Jefferson Parish. This Indictment is a product of an ongoing investigation into the violent acts in furtherance of the drug trafficking by this violent Westbank gang.

The second superseding Indictment charges all defendants with conspiracy to distribute more than one kilogram of heroin and over 280 grams of crack cocaine, six defendants with three counts of murder in furtherance of drug trafficking activities, four defendants with two counts of discharging firearms in furtherance of drug trafficking crimes, as well as multiple counts of other firearms violations. All defendants are presently in custody pending trial.

If convicted of any of the murders in furtherance of drug trafficking, the defendants will face a maximum sentence of life in prison, a $250,000 fine, and five years of supervised release. If convicted of any additional shootings in furtherance of drug trafficking, the defendants face a mandatory sentence of 10 years of imprisonment to be served consecutive with any other sentence, a $250,000 fine, and five years of supervised release. All defendants are facing 10 years to life, a $10,000,000 fine, and at least five years of supervised release if convicted of conspiracy to distribute heroin and cocaine.

Leader of Hells Angels Pleads Guilty to Federal Crimes in Connection with Brutal Assault

The leader of the Salem Chapter of the Hells Angels Motorcycle Club pleaded guilty in U.S. District Court to criminal charges in connection with the assault and maiming of a former member of the Red Devils Motorcycle Club.

Sean Barr, 50, of Lynn, pleaded guilty before U.S. District Judge Nathaniel M. Gorton to conspiring to commit violent crimes in aid of racketeering, maiming in aid of racketeering, assault with a dangerous weapon in aid of racketeering, and assault resulting serious bodily injury in aid of racketeering. On Feb. 5, 2015, three co-defendants, Marc Eliason, 37, of Lynn; Robert DeFronzo, 47, of Saugus; and Brian Weymouth, 42, of Danvers, pleaded guilty to similar charges. Eliason and DeFronzo were members of the Salem Hells Angels and Weymouth was a member of the Red Devils. The Red Devils Motorcycle Club is a support club of the Hells Angels.

Barr, Eliason, DeFronzo and Weymouth were involved in luring the victim, who was targeted for failing to follow orders issued by the Salem Hells Angels, and assaulting the victim. The victim was targeted because he failed to assault a former member of the Salem Hells Angels, who had been “put out bad” from the Hells Angels. At the Byfield clubhouse, the victim was surrounded by the defendants and beaten. During the assault, Barr used a ballpeen hammer, a favored weapon of the Hells Angels, to maim the victim by breaking a number of bones in the victim’s hand. Eliason and Weymouth then stole the victim’s motorcycle.

The charging statutes provide a sentence of no greater than three years in prison, one year of supervised release, and a $250,000 fine on the charge of conspiring to commit violent crimes in aid of racketeering; 30 years in prison, five years of supervised release, and a $250,000 fine on the charge of maiming in aid of racketeering; 20 years in prison, three years of supervised release, and a $250,000 fine on the charge of assault with a dangerous weapon in aid of racketeering; and 20 years in prison, three years of supervised release, and a $250,000 fine on the charge of assault resulting in serious bodily injury in aid of racketeering. Pursuant to their respective plea agreements with the government, and pending acceptance by the district court at sentencing, Barr and Eliason have each agreed to sentences of 97 months in prison, and DeFronzo and Weymouth have each agreed to sentences of 57 months in prison.

Two Street Gang Leaders Plead Guilty to Drug Trafficking and Firearm Charges #OperationConcord

Alexis Hidalgo and Jonathan DaSilva, the respective leaders of two Boston street gangs—the Hendry Street Gang and the Woodward Avenue Gang—pleaded guilty to drug trafficking and firearm charges.

Hidalgo, 34, and DaSilva, 31, both of Boston, each pleaded guilty before U.S. District Court Judge Rya W. Zobel to conspiracy to distribute crack cocaine, cocaine, marijuana, and oxycodone, as well as firearm related charges. In January 2013, Hidalgo and DaSilva were two of 29 defendants charged with drug trafficking and firearm charges arising out of Operation Concord, a joint investigation conducted by the Federal Bureau of Investigation, Boston Police Department, Massachusetts State Police, and Homeland Security Investigations that focused on gang violence and drug dealing in the Henry Street and Woodward Avenue areas of Boston. During the course of Operation Concord, law enforcement officials seized approximately $400,000 in cash, guns, jewelry, gold and silver bars, and several luxury vehicles.

From August 2011 through January 2013, Hidalgo and DaSilva, the respective heads of the Hendry Street and Woodward Avenue gangs, ran a lucrative drug trafficking business distributing crack cocaine, cocaine, marijuana, and oxycodone which was in turn distributed in Boston, Brockton, and Maine.

Hidalgo and DaSilva operated their drug business out of two primary locations: a house at 37 Hendry Street in Boston and a house known as “the Trap” at 36 Woodward Avenue in Boston. Customers seeking crack and marijuana would go to 37 Hendry Street to purchase drugs from gang members who stored the drugs and cooked cocaine into crack in the second floor apartment. In August 2012, 37 Hendry Street was shut down by the City of Boston as a result of numerous neighborhood complaints of drug and gang activity.

“The Trap” at 36 Woodward Avenue, which was run by DaSilva, operated as a round-the-clock distribution center for crack, oxycodone, cocaine and marijuana. When 37 Hendry Street was shut down, Hidalgo transferred his crack business to 36 Woodward Avenue.

Hidalgo and DaSilva used gang members to distribute and store drugs, drug proceeds, and to carry out gang-related missions. For example, on Oct. 23, 2012, DaSilva directed gang member Patrick “Pistol” Gomes to obtain a firearm and go to Roxbury District Courthouse to assist a fellow gang member who was “trapped” by a rival gang member. Gomes asked DaSilva if he had a “greenlight” to shoot if necessary and DaSilva gave Gomes the go-ahead. Investigators had Gomes stopped in his rental car by the police outside of the Roxbury courthouse where officers seized a fully loaded Ruger P89 semiautomatic handgun from the glove box. On Feb. 4, 2015, Gomes pleaded guilty to conspiracy to distribute cocaine base and marijuana and being a felon in possession of a firearm and ammunition.

The charging statutes provide a sentence of no less than 10 years and up to a lifetime in prison, a minimum of five years and up to a lifetime of supervised release, and a fine of $10 million on the charge of conspiracy to distribute controlled substances; no greater than 20 years in prison, a minimum of three years and up to a lifetime of supervised release, and a fine of $10 million on the charges of distribution of controlled substances; no greater than 10 years in prison, a minimum of three years and up to a lifetime of supervised release, and a fine of $250,000 on the charge of being a felon in possession of a firearm. Pursuant to their respective plea agreements with the government, and pending acceptance by the district court at sentencing, Hidalgo has agreed to a sentence of 144-168 months in prison and DaSilva has agreed to a sentence of 120-168 months in prison. Both defendants also agreed to the forfeiture of cash, jewelry, and luxury vehicles.

Gang Member Sentenced to 10 Years in Prison for Heroin Trafficking #OperationWhiplash

A gang member was sentenced to 10 years in prison for heroin trafficking.

Jairo Fernandez, 27, was sentenced by U.S. District Court Judge Denise J. Casper to ten years in prison and four years of supervised release. In November 2014, Fernandez pleaded guilty to conspiracy to distribute heroin and distributing heroin. At that hearing, Fernandez admitted responsibility for over 100 grams of heroin.

The case was part of Operation Whiplash, an investigation of several street gangs in and around Lynn and Revere. Over the past two years, Operation Whiplash has resulted in federal and state charges against 47 leaders, members and associates of gangs, including Money Over Broken Bitches (MOBB), the Crips and Deuce Boyz in Lynn and the Bloods in Revere. As part of the investigation, law enforcement identified Fernandez as a member of the Deuce Boyz gang.

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