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SUPERSEDING INDICTMENT RETURNED FOR VIOLATIONS OF THE FEDERAL CONTROLLED SUBSTANCES ACT, FEDERAL GUN CONTROL ACT, AND MURDER

FOR IMMEDIATE RELEASE
February 28, 2013

DON BROOKS, age 19, and ANTOINE BROOKS, age 21, both residents of New Orleans, Louisiana, were charged today in a 9-count superseding indictment. In addition to the charges brought in the original indictment, the charges the superseding indictment include an additional charge of another discharging of a firearm in furtherance of a drug trafficking crime and the killing of Tamira Johnson in furtherance of a drug trafficking crime, announced U. S. Attorney Dana J. Boente. The charges in the original indictment included conspiracy to possess with the intent to distribute two-hundred and eighty (280) grams or more of cocaine base (“crack”) and a quantity of marijuana, conspiracy to use and discharge firearms in furtherance of crimes of violence and drug trafficking crimes, discharging a firearm in furtherance of a drug trafficking crime, and the murder of Harry Howard and Lamont Phillips.

Based upon the ongoing investigation, evidence was presented to the Grand Jury that on September 23, 2011, Tamira Johnson was walking to the store with her 13 year old son. As Tamira and her son were walking, DON and ANTOINE BROOKS drove by in a SUV and opened fire with a .40 caliber handgun intending to kill a rival drug dealer who was standing on the corner. DON and ANTOINE BROOKS not only shot the rival drug dealer, but also Tamira Johnson who died at the scene from her injuries.

If convicted of the new charges, DON and ANTOINE BROOKS face, as to new Count 5, a minimum term of imprisonment of five (5) years and a maximum term of life imprisonment, five (5) years of supervised release following any term of imprisonment, and a $250,000 fine, and as to the new Count 6, a maximum sentence of life imprisonment or death, five (5) years of supervised release following any term of imprisonment, and a $250,000 fine. The penalties for the original charges remain the same.

U. S. Attorney Boente reiterated that the superseding indictment is merely a charge and that the guilt of the defendants must be proven beyond a reasonable doubt.

The case was investigated by the Drug Enforcement Administration and New Orleans Police Department. The case is being prosecuted by Assistant U. S. Attorney Sean Toomey.

(Download Superseding Indictment )

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