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Justice News

Department of Justice
U.S. Attorney’s Office
Western District of New York

FOR IMMEDIATE RELEASE
Tuesday, April 2, 2013

Superceding Indictment Filed, Additional Defendant Charged in Drug Conspiracy

 

          ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in Rochester has returned a nine count superseding indictment charging an additional defendant and additional crimes in a Rochester area drug conspiracy.

            Devin Allen-Furtick, aka “Little Cuz,” 20, is charged with conspiracy to possess with intent to distribute and to distribute 280 or more grams of cocaine base, a quantity of cocaine and a quantity of marijuana. In addition, he is charged with possession with intent to distribute 28 grams or more of cocaine base. 

            In February 2013, the following defendants were also charged with conspiracy to possess with intent to distribute and to distribute cocaine base, cocaine and marijuana, along with other drug related charges: Tyshawn Simmons, aka “Ty,” 30;  Tashaka Mitchum, aka “Sharky,” 22; Marquis McMillian, aka “Dap,” 21; Melvin Hill, aka “Pumpkin,” Franklin Brock Jr., aka “Little Frank,” 19; Franklin Brock Sr., 39; Patrick Christner, 28; Tina McDonald, 40; Schmillion Weaver, 29 and Ciarra Crane, 23. The charge carries a mandatory minimum term of 10 years in prison, a maximum of life, a fine of $10,000,000, or both.  

            Defendants Simmons, McMillian and Brock are also charged with attempting to kill a person in retaliation for that person’s cooperation in a federal investigation and with unlawfully using a firearm to commit the shooting. These charges carry maximum penalties of 30 years and life in prison, respectively. Marquis McMillian is charged with attempting to kill a second person to prevent that person from testifying in connection with the first shooting.  He is also charged with unlawfully using a firearm to commit that second shooting.  These charges also carry maximum penalties of 30 years and life in prison, respectively.

            Defendants Simmons, Mitchum and McMillian are also charged with unlawfully possessing firearms in furtherance of the drug trafficking conspiracy. The gun charge carries a mandatory minimum of five years in prison, a maximum of life, a fine of $250,000, or both.

            Assistant U.S. Attorney Everardo A. Rodriguez, who is handling the case, stated that the addition of Furtick as a defendant and the additional charge against him stem from the continuation of a long-term investigation into the drug trafficking activities in the Rochester area of Simmons and the other charged defendants. The investigation remains ongoing with respect to potential additional charges and additional defendants.

            Devin Allen-Furtick was arraigned before Federal Magistrate Judge Marian W. Payson today. He pleaded not guilty to the charges against him. Furtick is being held pending a detention hearing which is scheduled for Friday, April 5 at 2:00 p.m. Defendants Simmons, Mitchum, Brock and McMillan are also detained.

            The superseding indictment is the result of an investigation headed by the Rochester Police Department, under the direction of Chief James Sheppard, with assistance from the United States Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division. Other law enforcement agencies assisted in the arrests including the United States Marshal’s Service, under the direction of Marshal Charles Salina and the New York State Division of Parole, under the direction of Charles Bour.

            The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.