Damian Williams, the United States Attorney for the Southern District of New York, Timothy Foley, the Acting Special Agent-in-Charge of the Drug Enforcement Administration’s New York Division (“DEA”), Kevin P. Bruen, the Superintendent of the New York State Police (“NYSP”), and Keechant L. Sewell, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of a criminal complaint today charging gang members JERRIN PENA, a/k/a “Rooga,” a/k/a “Perry,” ARIEL OLIVER, a/k/a “8Ball,” a/k/a “Ocho,” JUSTIN DEAZA, a/k/a “Booka,” WILSON MENDEZ, a/k/a “Tati,” JOWENKY NUNEZ, a/k/a “Juju,” BRIAN HERNANDEZ, a/k/a “Malikai,” VICTOR COLON, a/k/a “V,” JOSE GUTIERREZ, a/k/a “G,” ARGENIS TAVAREZ, a/k/a “Nose,” and NIJMAH MARTE, a/k/a “N,” with participating in a conspiracy to traffic narcotics. Six of the defendants also were charged with using guns in furtherance of that conspiracy.
PENA, MENDEZ, COLON, GUTIERREZ, and MARTE were arrested yesterday in New York, New York and the Bronx, New York and will be presented today before the Hon. Barbara Moses, United States Magistrate Judge for the Southern District of New York. OLIVER, DEAZA, and HERNANDEZ were already in state custody. NUNEZ and TAVAREZ remain at large.
U.S. Attorney Damian Williams said: “As alleged, these defendants were members of a gang that distributed many types of illegal narcotics in a Manhattan neighborhood for years. Several of the defendants frequently carried firearms while dealing drugs. Today’s arrests are part of our continued commitment, along with our law enforcement partners, to target narcotics trafficking and firearms use in New York City.”
DEA Acting Special Agent-in-Charge Timothy Foley said: “The Own Every Dollar gang used social media to glamorize their drug enterprise, conduct drug transactions and brandish weapons instilling fear in the community. Our drug trafficking investigations have a way of uncovering links to the threat of gun violence and gang-related criminal activity. Today’s arrests exemplify law enforcement’s commitment to law and order and people’s right to live without fear.”
NYSP Superintendent Kevin P. Bruen said: “We have no tolerance for those who bring drugs and the threat of violence to our communities. These arrests are the result of an aggressive strategy to stop the trafficking of narcotics and other deadly drugs on our streets. Together, with our law enforcement partners at all levels, we will continue to work vigilantly to put dangerous individuals like these gang members behind bars.”
NYPD Commissioner Keechant L. Sewell said: “The details of this investigation make clear: Criminal gangs, illegal guns, and illicit drugs are a dangerous combination – and will never be tolerated in our city, and any person who deals in the criminal behavior alleged in this case will be held accountable to the fullest extent of the law. I want to thank the U.S. Attorney’s Office for the Southern District of New York, the Drug Enforcement Administration’s New York Division, the New York State Police, and everyone else who worked to take these 10 defendants off our streets, and made New York City safer for all the people we serve.”
As alleged in the Complaint unsealed today[1]:
PENA, OLIVER, DEAZA, MENDEZ, NUNEZ, HERNANDEZ, COLON, GUTIERREZ, TAVAREZ, and MARTE, are members of a criminal gang called “Own Every Dollar” or “OED,” which uses the following logo:
Between in or about 2019 and in or about 2022, the defendants sold fentanyl, heroin, cocaine, crack cocaine, oxycodone, and marijuana in and around the Washington Heights neighborhood of Manhattan. The defendants sold drugs to, among others, undercover police officers, and were frequently arrested in possession of drugs packaged for resale.
In addition, PENA, MENDEZ, NUNEZ, HERNANDEZ, COLON, and MARTE each possessed firearms in connection with their drug dealing, and PENA, OLIVER, and NUNEZ regularly posted social media photographs and videos of themselves holding firearms.
On February 24, 2022, DEAZA was arrested in possession of one kilogram of fentanyl.
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JERRIN PENA, 20, ARIEL OLIVER, 22, JUSTIN DEAZA, 20, WILSON MENDEZ, 19, JOWENKY NUNEZ, 19, BRIAN HERNANDEZ, 22, VICTOR COLON, 24, JOSE GUTIERREZ, 20, ARGENIS TAVAREZ, 22, and NIJMAH MARTE, 21, all from New York City, are each charged with conspiracy to distribute and possess with intent to distribute 400 grams and more of fentanyl, in violation of Title 21, United States Code, Section 846, which carries a mandatory minimum sentence of ten years in prison and a maximum sentence of life in prison. The defendants are also charged with conspiracy to distribute and possess with intent to distribute heroin, cocaine, crack cocaine, oxycodone, in violation of Title 21, United States Code, Section 846, which carries a maximum sentence of 20 years, and conspiracy to distribute and possess with intent to distribute marijuana, also in violation of Title 21, United States Code, Section 846, which carries a maximum sentence of five years.
PENA, MENDEZ, NUNEZ, HERNANDEZ, COLON, and MARTE are also each charged with possessing a firearm in furtherance of the narcotics conspiracy, in violation of Title 18, United States Code, Section 924(c)(1)(A)(i), which carries a maximum sentence of life in prison, with a mandatory minimum sentence of five years in prison, which must run consecutively to any other sentence.
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 would be determined by the judge.
Mr. Williams praised the outstanding investigative work of the DEA, NYSP, and NYPD. He also thanked the Special Narcotics Prosecutor for the City of New York, the Bronx District Attorney’s Office, the Manhattan District Attorney’s Office, the Massachusetts State Police, and the Worcester County District Attorney’s Office for their assistance in the case.
The case is being handled by the Office’s Narcotics Unit. Assistant United States Attorneys Kevin Mead, Sarah L. Kushner, and Ashley Nicolas are in charge of the prosecution.
The charges in the Complaint are merely accusations and the defendants are presumed innocent unless and until proven guilty.
[1] The charges contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.