IN THE DISTRICT COURT OF THE UNITED STATES
For the Western District of New York
MAY 2009 GRAND JURY (Impaneled 05/01/09)
THE UNITED STATES OF AMERICA
-vs-
11 OR 111~t1 INDICTMENT
EFRAIN HIDALGO a/kla Cheko [1] (Counts 1, 2, 5, 6),
THOMAS RODRIGUEZ [2] (Counts 5, 6),
KASIEM WILLIAMS [3]
(Counts 1, 2, 3, 4, 5, 6), ESTEBAN RAMOS-CRUZ a/kla Rudolfo [4]
(Counts 1, 2, 5, 6), JORDAN HIDALGO [5] (Counts 5, 6),
JUAN TORRES a/kla Puchungo[6] (Counts 1, 2, 5, 6)
Violations:
Title 21, United States Code, Section 846;
Title 18, United States Code, Sections 1959(a)(I), 1959(a)(3), 924( c )(1), 924( c )(1 ) (A) (iii) , 924(j), and 2
(6 Counts and Forfeiture Allegation)
ORIGINAL W~E1VJ!DAHD fILIID
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The Grand Jury Charges That:
INTRODUCTION
The Enterprise
1. At various times relevant to this Indictment, the
defendants, EFRAIN HIDALGO a/k/a Cheko, THOMAS RODRIGUEZ, KASIEM WILLIAMS, ESTEBAN RAMOS-CRUZ a/k/a Rudolfo, JORDAN HIDALGO, and
JUAN TORRES a/k/a Puc'hunqo , and others known and unknown, were members and associates of a criminal organization known as the 7th Street Gang/Chekors Crewr whose members and associates engaged in acts of violencer including acts involving murder and assaultr and narcotics distributionr and which operated principally in the West Side of Buffalor New York.
2. The enterpriser including its members and associatesr constituted an "enterpriserr as defined by Title 18 r United States Coder Section 1961(4)r that iSr a group of individuals associated in fact. The enterprise constituted an ongoing organization whose members functioned as a continuing unit for a common purpose of aChieving ):.he objectives of the enterprise. This enterprise was engaged in and its activities affected interstate and foreign
commerce.
Purposes of the Enterprise
3. The principal purposes and objectives of the enterprise was to control territory on the West Side of Buffalor distribute controlled substancesr obtain money and things of valuer and earn and maintain respect in the neighborhood. To achieve those purposes and objectivesr members of the enterprise committed acts involving murder, threatened to commit acts of. violence, and
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trafficked in controlled substances. members also sought to:
The enterprise and its
a. Enrich members and associates of the 7th. street Gang/Cheko's Crew through, among other things, distribution of controlled substances, including heroin and marijuana.
b. Preserve and protect the power, terri tory, and profits of the enterprise through the use of intimidation, violence, threats of violence, and acts involving murder.
c. Promote and enhance the enterprise and its members' and associates' activities.
d. Keep victims and witnesses in fear of the enterprise and in fear of its members and associates through threats of violence.
e. Prevent and retaliate against acts of violence perpetrated against the enterprise, its. members, and their associates.
f. Commit acts of violence against members and associates of a rival gang known as the 10th Street gang, as well as other rivals, and to' retaliate against acts of violence
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perpetrated against the enterprise, its members and associates, by 10th Street gang members and associates and other rivals.
Roles of the Defendants
4. The defendants participated in the operation and management of the enterprise.
a. The defendants, EFRAIN HIDAL~O a/k/a Cheko, THOMAS RODRIGUEZ, KASIEM WILLIAMS, ESTEBAN RAMOS-CRUZ a/k/a Rudolfo, JORDAN HIDALGO, and JUAN TORRES a/k/a Puchungo, were a coalition who both participated in and directed other associates to carry out unlawful and other activities in furtherance of the conduct of the enterprise's affairs.
b. The defendants, EFRAIN HIDALGO a/k/a Cheko, THOMAS RODRIGUEZ, KASIEM WILLIAMS, ESTEBAN RAMOS-CRUZ a/k/a Rudolfo, JORDAN HIDALGO, and JUAN TORRES a/k/a Puchungo, participated in the unlawful activities of the enterprise and also recruited fellow gang members.and associates to assist in and carry out unlawful and other activities in furtherance of the conduct of the enterprise's affairs.
c. The defendant, EFRAIN HIDALGO a/k/ a Cheko, also maintained a leadership position within the 7th Street Gang/Cheko's
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Crew, whereby he directed younger members of the gang to participate in unlawful and other activities in furtherance of the conduct of the enterprise's affairs.
Means and Methods
5. Among the means and methods by which the defendants and their associates conducted and participated in the conduct of the affairs of the enterprise were the following:
a. Members of the enterprise and their associates agreed to distribute and distributed quanti ties of heroin and marijuana.
b. Members of the enterprise and their associates agreed, planned and conspired to commit acts of violence and shootings, including acts involving murder, against 10th Street gang members, associates, and other individuals involved in the distribution of controlled substances on the West Side of Buffalo.
c. Members of the enterprise and their associates used, carried, and possessed firearms.
d. Members of the enterprise and their associates represented themselves to be and identified themselves as gang
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members of the 7th Street Gang/Cheko's Crew in order to intimidate victims and rivals, and in order to enhance their street credibility and control of the distribution of controlled substances on the West Side of Buffalo.
e. Members of the enterprise and their associates promoted a climate of fear through violence and threats of violence.
COUNT 1
(Murder of Eric Morrow in Aid of Racketeering) The Grand Jury Further Charges That:
1. At all times relevant to this Indictment, the enterprise, as more fully described in Paragraphs 1 through 5 of the Introduction, which are realleged and incorporated by reference as though set forth fully herein, constituted an enterprise as defined in Title 18, United States Code, Section 1959(b) (2), that is, a group of individuals associated in fact that engaged in, and the activities of which affected, interstate and foreign commerce. The enterprise constituted an ongoing organization whose members functioned as a continuing unit for a common purpose of aChieving the objectives of the enterprise.
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2. At all times relevant to this Indictment, the abovedescribed enterprise, through its members and associates, engaged in racketeering activity as defined in Title 18, United States Code, Sections 1959 (b) (1) and 1961 (1), namely, acts involving murder, in violation of New York Penal Law Sections 125.25(1), 110, 105.15, 20, and narcotics trafficking, in violation of Title 21 United States Code, Sections 841 and 846.
3. On or about August 11, 2009, in the Western District of New York, the defendants, EFRAIN HIDALGO a/k/a Cheko, KASIEM WILLIAMS, ESTEBAN RAMOS-CRUZ a/k/a Rudolfo, and JUAN TORRES a/k/a Puchungo, aiding and abetting and being aided and abetted by each other, together with others, for the purpose of maintaining and increasing position in the enterprise, an enterprise engaged in racketeering activity, did unlawfully murder a a o= Street Gang member, Eric Morrow, in violation of New York Penal Law Sections
125.25(1) and 20.
All in violation of Title 18, United States Code, Sections
1959 (a) (1) and 2.
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COUNT 2
(Use, Carry and Discharge of Firearm During Crime of Violence, Possession of Firearm in Furtherance of Crime of Violence)
The Grand Jury Further Charges That:
On or about August 11, 2009, in the Western District of New
York, the defendants, EFRAIN HIDALGO a/k/a Cheko, KASIEM WILLIAMS,
ESTEBAN RAMOS-CRUZ a/k/a Rudolfo, and JUAN TORRES a/k/a Puchungo,
together and with others, during and in relation to a crime of
violence for which they may be prosecuted in a court of the united
States, that is, a violation of Title 18, United States Code,
Section 1959(a) (1), committed in a manner as set forth in Count 1
of this Indictment, the allegations of which are incorporated
herein by reference, did knowingly and unlawfully use, carry and
discharge, and in furtherance of such crime, 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, EFRAIN HIDALGO a/k/a
Cheko, KASIEM WILLIAMS, ESTEBAN RAMOS-CRUZ a/k/a Rudolfo, and JUAN
TORRES a/k/a Puchungo, caused the death of a person through the use
of a firearm, which killing was a murder as defined in Title 18/
Uni ted States Code, Section 1111, in that the defendants, with
malice aforethought, did willfully, deliberately, maliciously, and
with premeditation kill Eric Morrow, by shooting him with a
firearm.
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All in violation of Title 18, United States Code, Sections
924 (c) (1) (A) (iii), 924 (j) and 2.
COUNT 3
(Attempted Murder of Saul Santana in Aid of Racketeering) The Grand Jury Further Charges ,That:
1. Paragraphs 1 and 2 of Count 1 are realleged and incorporated by reference as though set forth fully herein.
2. On or about September 24, 2009, in the Western District of New York, the defendant, KASIEM WILLIAMS, together with others, known and unknown ~o the Grand, Jury, for the purpose of maintaining and increasing position wi thin the enterprise, an enterprise engaged in racketeering activity, did unlawfully attempt to murder Saul Santana, in violation of New York Penal Law Sections 125.25(1), 110 and 20.
All in violation of Title 18, United States Code, Sections
1959 (a) (5) and 2.
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COUNT 4
(Use, Carry and Discharge of Firearm During Crime of Violence, Possession of Firearm in Furtherance of Crime of Violence)
The Grand Jury Further Charges That:
On or about September 24, 2009, in the Western District of New
York, the defendant, KASIEM WILLIAMS, together with others, known
and unknown to the Grand Jury, during and in relation to a crime of
violence for which he may be prosecuted in a court of the United
States, that is, a violation of Title 18, United States Code,
Section 1959 (a) (5), committed in the manner set forth in Count 3 of
this Indictment, the allegations of which are incorporated herein
by reference, did knowingly and unlawfully use, carry and
discharge, and in furtherance of such crime, did knowingly and
willfully pos~ess and discharge, a firearm.
All in violation of Title 18, United States Code, Sections
924 (c) (1) (A) (iii) and 2.
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COUNT 5
(Narcotics Conspiracy)
The Grand Jury Further Charges That:
Beginning in or before 2007, the exact date being unknown to the Grand Jury, and continuing to the date of the return of this Indictment, in the Western District of New York, and elsewhere, the defendants, EFRAIN HIDALGO a/k/a Cheko, THOMAS RODRIGUEZ, KASIEM WILLIAMS, ESTEBAN RAMOS-CRUZ a/k/a Rudolfo, JORDAN HIDALGO, and JUAN TORRES a/k/a Puchungo, did knowingly, willfully and unlawfully combine, conspire and agree together and with others, known and unknown to the Grand Jury, to commit the following offenses, that is, to possess with intent to distribute, and to distribute, quantities of a mixture and substance containing heroin, and quantities of a mixture and substance containing marijuana, both Schedule I controlled substances, in violation of Title 21, United States Code, Sections 841(a) (1) and 841(b) (1) (C).
All in violation of Title 21, United state Code, Section 846.
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COUNT 6
(Possession of Firearms in Furtherance of Drug Trafficking Crime)
The Grand Jury Further Charges That:
Beginning in or about 2007, the exact date being unknown to
the Grand Jury, and continuing to the date of the return of this
Indictment, in the Western District of New York, and elsewhere, the
defendants, EFRAIN HIDALGO a/k/a Cheko, THOMAS RODRIGUEZ, KASIEM
WILLIAMS, ESTEBAN RAMOS-CRUZ a/k/a Rudolfo, JORDAN HIDALGO, and
JUAN TORRES a/k/a Puchungo, in furtherance of a drug trafficking
crime for which they may be prosecuted in a court of the United
States, that is, a violation of Title 21, United States Code,
Section 846, as set forth in Count 5 of this Indictment, the
allegations of which are incorporated herein by reference, did
knowingly and unlawfully posse s s firearms.
All in violation of Title 18, united States Code, Sections
924 (c) (1) (A) and 2.
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FORFEITURE ALLEGATION
The Grand Jury Alleges That:
Upon conviction of the offenses set forth in Counts 1, 2, 3,
4, 5, and/or 6 of the Indictment, the defendants, EFRAIN HIDALGO
a/k/a Cheko, THOMAS RODRIGUEZ, KASIEM WILLIAMS, ESTEBAN RAMOS-CRUZ
a/k/a Rudolfo, JORDAN HIDALGO, and JUAN TORRES a/k/a Puchungo,
shall forfeit to the United States any firearms and ammunition
involved or used in the commission of the offense, or found in the
possession or under immediate control of the defendant at the time
of arrest including, but not limited to:
a. thirteen (13) boxes of Wolf .223 caliber ammunition and seven (7) loose rounds of .223 ammunition;
b. one (1) round of .22 caliber ammunition;
c. one (1) .22 caliber Savage Arms rifle, bearing serial number 0185402;
d. one (1) .357 round of ammunition and two (2) .32 caliber rounds of ammunition;
e. one (1) Winchester 1894 .30 caliber rifle, bearing serial number 769959; and
f. one (1) Savage Arms 12 gauge shotgun.
All in accordance with Title 18, United States Code, Sections
924 (d) (1) and 3665, and Title 28, United States Code, Section
2461 (c) •
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NOTICE OF SPECIAL FINDINGS FOR EFRAIN HIDALGO
(Counts 1 and 2)
1. The allegations of Counts 1 and 2 of this Indictment are
hereby realleged as if fully set fourth herein and incorporated by
reference.
2. As to Counts 1 and 2 of this Indictment, the defendant,
EFRAIN HIDALGO a/k/a Cheko:
a. was 18 years of age or older at the time of the offense(s) (Title 18, United States Code, Section 3591(a» i
b. intentionally participated in an act, contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person, other than one of the participants in the offense, and the victim, Eric Morrow, died as a direct result of the act (Title 18, United States Code, Section 3591 (a) (2) (C» i
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 offenses, such that participation in the act constituted a reckless disregard for human life and the victim, Eric Morrow, died as a direct result of the act (Title 18, United States Code, Section 3591 (a) (2) (D» i
d. in the commission of the offense, or in escaping apprehension for the violation of the offense, .. knowingly created a grave risk of death. to one or more persons in addition to the victim of
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the offense (Title 18, United States Code, Section 3 5 92 (c) (5) ) i and
e. committed the offense after substantial planning and premeditation to cause the death of a person (Title 18, United States Code, Section 3592 (c) (9) ) .
Pursuant to Title 18, United States Code, Sections 3591 and
3592.
NOTICE OF SPECIAL FINDINGS FOR KASIEM WILLIAMS
(Counts 1 and 2)
1. The allegations of Counts 1 and 2 of this Indictment are
hereby realleged aS,if fully set fourth herein and incorporated by
reference.
2. As to Counts 1 and 2 of this Indictment, the defendant,
KASIEM WILLIAMS:
a. was 18 years of age oz . older at the time of the offense(s) (Title 18, United States Code, Section 3591(a» i
b. intentionally participated in an act, contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person, other than one of the participants in the offense, and the victim, Eric Morrow, died as a direct result of the act (Title 18, United States Code, Section 3591(a) (2) (C» i
c. intentionally and specifically engaged in an act of violence, knowing that the act created a
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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 victim, Eric Morrow, died as a direct result of the act (Title 18, United States Code, Section 3591(a) (2) (D» i
d. in the commission of the offense, or in escaping apprehension for the violation of the offense, knowingly created a grave risk of death to one or more persons in addition to the victim of the offense (Title 18, United States Code, Section 3 5 92 (c) (5) ) i and
e. committed the offense after substantial planning and premeditation to cause the death of a person (Title 18, United States Code, Section 3592 (c) (9» .
Pursuant to Title 18, United States Code, Sections 3591 and
3592.
NOTICE OF SPECIAL FINDINGS FOR ESTEBAN RAMOS-CRUZ
(Counts 1 and 2)
1. The allegations of Counts 1 and 2 of this Indictment are
hereby realleged as if fully set fourth herein and incorporated by
reference.
2. As to Counts 1 and 2 of this Indictment, the defendant,
ESTEBAN RAMOS-CRUZ a/k/a Rudolfo:
a. was 18 years of age or older at the time of the offense{s) (Title 18, United States Code, Section 3591{a»i
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3592.
b. intention~lly killed the victim, Eric Morrow
(Title 18, United States Code, Section
3591 (a) (2) (A) ) i
c. intentionally inflicted that resulted in the death Morrow (Title 18, United 3591 (a) (2) (B)) i
serious bodily injury of the victim, Eric· States Code, Section
d. intentionally participated in an act, contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person, other than one of the participants in the offense, and the victim, Eric Morfow, died as a direct result of the act (Title 18, United States' Code, Section 3591(a) (2) (C)) i
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 victim, Eric Morrow, died as a direct result of the act (Title 18, United States Code, Section 3591 (a) (2) (D)) i
f. in the commission of the offense, or in escaping apprehension for the violation of the offense, knowingly created a grave risk of death to one or more persons in addition to the victim of the offense (Title 18, United States Code, Section 3 5 92 (c) (5) ) i and
g. committed the offense after substantial planning and premeditation to cause the death of a person (Title 18, United States Code, Section 3592 (c) (9)) .
Pursuant to Title 18, United States Code, Sections 3591 and
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NOTICE OF SPECIAL FINDINGS FOR JUAN TORRES
(Counts 1 and 2)
1. The allegations of Counts 1 and 2 of this Indictment are
hereby realleged as if fully set fourth herein and incorporated by
reference.
2. As to Counts 1 and 2 of this Indictment, the defendant,
JUAN TORRES a/k/a Puchungo:
a. was 18 years of age or older at the time of the offense(s) (Title 18, United States Code, Section 3591(a»i
b. intentionally killed the victim, Eric Morrow
(Title 18, United States Code, Section
3591(a) (2) (A» i
c. intentionally inflicted serious bodily injury that resulted in the death of the victim, Eric Morrow (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 or intending that lethal force would be used in connection with a person, other than one of the participants in the offense, and the victim, Eric Morrow, 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 victim, Eric Morrow, died as a direct result of the act (Title 18, United States Code, Section 3591(a) (2) (D»;
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f. in the commission of the offenser or in escaping apprehension for the violation of the offenser knowingly created a grave risk of death to one or more persons in addition to the victim of the ~ffense (Title 18r United States Coder Section 3 5 92 (c) (5) ) i and
g. committed the offense after substantial planning and premeditation to cause the death of a person (Title 18r United States Coder' Section 3592 (c) (9» .
Pursuant to Title 18, United States Code, Sections 3591 and
3592.
DATED:
Buffalor New York, April
J.,'7
, __ r
2011.
WILLIAM J. HOCHULr JR. United States Attorney
BY: ('~OSEPH M. -TRIPi
;_/Assistant United States Attorney United States Attorney's Office Western District of New York
138 Delaware Avenue
Buffalo, New York 14202
(716) 843-5700, ext. 839
joseph.tripi@usdoj.gov
A TRUE BILL:
12"$
FORE PERSON
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