09/09/2024 | Press release | Distributed by Public on 09/09/2024 12:21
Damian Williams, the United States Attorney for the Southern District of New York, and Edward A. Caban, the Commissioner of the New York City Police Department ("NYPD"), announced today the unsealing of a nine-count indictment charging four individuals-KELVIN FERNANDEZ, DEIVID PEREZ, a/k/a "Bujia," JUAN LOPEZ, a/k/a "Secreto," and MOISES HERNANDEZ DE LA CRUZ, a/k/a "Flaco"-with several federal crimes, including robbery, carjacking, and firearms offenses stemming from their roles in the Shooting Boys gang. The defendants were arrested this morning and will be presented today before U.S. Magistrate Judge Stewart D. Aaron in Manhattan federal court. The case is assigned to U.S. District Judge George B. Daniels.
U.S. Attorney Damian Williams said: "As alleged, the defendants went on a crime spree in Manhattan and the Bronx. Their alleged violent robberies and car thefts-committed using a firearm, machete, and BB gun-left terrified New Yorkers in their wake. Let these charges be a message to any gang members who think they can get away with perpetrating violence in our city: this Office will prosecute you to the fullest extent of the law."
NYPD Commissioner Edward A. Caban said: "These arrests underscore the NYPD's relentless efforts to identify and investigate the alleged members of ruthless gangs and crews plaguing our neighborhoods. I commend our NYPD detectives and our partners in the office of the U.S. Attorney for the Southern District of New York for their ongoing work to eradicate gun violence in New York City and their commitment to preserving the safety of all New Yorkers."
As alleged in the Indictment and other documents filed in federal court:[1]
The "Shooting Boys" gang is a criminal organization based in the University Heights section of the Bronx. Since at least 2017, gang members have 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. The defendants are members and associates of the Shooting Boys.
Between April 25 and May 10, 2022, the defendants committed gunpoint robberies of two convenience stores in Manhattan and the Bronx, robbed a third convenience store in the Bronx using a machete and a BB gun, committed an armed carjacking of a victim's BMW in the Bronx, and forcibly stole a Jeep Cherokee from a victim in Queens, New York. Still images from surveillance video capturing certain of these incidents are pictured below:
April 25, 2022, Gunpoint Convenience Store Robbery
April 30, 2022, Gunpoint Convenience Store Robbery
May 10, 2022, Machete and BB Gun Convenience Store Robbery
FERNANDEZ provided the other defendants with the firearm-a .357 revolver-and BB gun that were used during the charged incidents. The .357 revolver was recovered by law enforcement and is pictured below.
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A chart containing the names, charges, and maximum and minimum penalties for the defendants is set forth below.
The mandatory minimum and 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 a judge.
Mr. Williams praised the outstanding investigative work of the NYPD.
This case is being prosecuted by the Office's Violent and Organized Crime Unit. Assistant U.S. Attorneys Dominic A. Gentile and Chelsea L. Scism are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Charge |
Defendants |
Maximum and Minimum Penalties |
Count One Conspiracy to Commit Hobbs Act Robbery 18 U.S.C. § 1951 |
KELVIN FERNANDEZ JUAN LOPEZ DEIVID PEREZ MOISES HERNANDEZ DE LA CRUZ |
Maximum: 20 years in prison |
Count Two Hobbs Act Robbery 18 U.S.C. §§ 1951 and 2 |
KELVIN FERNANDEZ JUAN LOPEZ DEIVID PEREZ |
Maximum: 20 years in prison |
Count Three Firearms Offense 18 U.S.C. §§ 924(c) and 2 |
KELVIN FERNANDEZ JUAN LOPEZ DEIVID PEREZ |
Maximum: Life in prison Minimum: 7 years in prison, which must be consecutive to any other term imposed |
Count Four Hobbs Act Robbery 18 U.S.C. §§ 1951 and 2 |
KELVIN FERNANDEZ JUAN LOPEZ DEIVID PEREZ |
Maximum: 20 years in prison |
Count Five Firearms Offense 18 U.S.C. §§ 924(c) and 2 |
KELVIN FERNANDEZ JUAN LOPEZ DEIVID PEREZ |
Maximum: Life in prison Minimum: 7 years in prison, which must be consecutive to any other term imposed |
Count Six Hobbs Act Robbery 18 U.S.C. §§ 1951 and 2 |
KELVIN FERNANDEZ MOISES HERNANDEZ DE LA CRUZ DEIVID PEREZ |
Maximum: 20 years in prison |
Count Seven Carjacking 18 U.S.C. §§ 2119 and 2 |
KELVIN FERNANDEZ JUAN LOPEZ DEIVID PEREZ |
Maximum: 15 years in prison |
Count Eight Firearms Offense 18 U.S.C. § 924(c) and 2 |
KELVIN FERNANDEZ JUAN LOPEZ DEIVID PEREZ |
Maximum: Life in prison Minimum: 7 years in prison, which must be consecutive to any other term imposed |
Count Nine Interstate Transportation of a Stolen Vehicle 18 U.S.C. §§ 2312 and 2 |
MOISES HERNANDEZ DE LA CRUZ DEIVID PEREZ |
Maximum: 10 years in prison |
[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.