Ten New Orleans Residents Indicted for Possession of Vehicles Stolen from Interstate Shipments, Conspiracy, and Federal Gun and Drug Offenses

NEW ORLEANS, LOUISIANA – NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced that, on July 28, 2023, the grand jury returned a sealed 20-count indictment against NICKIE WHITLEY, age 35, ERIN MURTHIL, age 21, DARIAL MAYE, age 24, MATHEW MAYE, age 26, MISTER MACKEY, JR., age 21, DESMOND TAYLOR, age 26, NORMAN ANDREWS, age 23, DERRIN RILEY, age 28, JONATHAN FRANK, age 39, and QUINTRELL BROWN, age 19, all residents of New Orleans.

As alleged in the indictment, the defendants possessed, and conspired to possess, eight, new 2023 Ford vehicles stolen from the Norfolk Southern Automotive Distribution Facility in March, 2023. The vehicles were bound for sale at  dealerships in Louisiana, Mississippi, and Alabama  when  stolen from the Facility.

All 10 defendants are charged in Count 1 with conspiracy to possess goods stolen from an interstate shipment—the eight Ford vehicles—in violation of Title 18, United States Code, Section 371.  This count carries a maximum term of imprisonment of five years, up to a $250,000 fine, and up to three years of supervised release.

All 10 defendants are also charged variously in Counts 2 through 9 with possession of goods stolen from an interstate shipment, in violation of Title 18, United States Code, Section 659.  Each of these counts charges the possession of a specific vehicle stolen from the Facility: a 2023 Ford Explorer ST (Count 2); a 2023 Ford Explorer King Ranch (Count 3); a second 2023 Ford Explorer ST (Count 4); a 2023 Ford Explorer Timberline (Count 5); a 2023 Ford F-150 Raptor Crew Cab 4x4 (Count 6); a 2023 Ford Bronco Sport Outer Banks 4x4 (Count 7); a 2023 Lincoln Aviator (Count 8); and a 2023 Ford F-150 (Count 9).  Each of these counts carries a maximum term of imprisonment of ten years, up to a $250,000 fine, and up to three years of supervised release.

MURTHIL is additionally charged in Count 10 with possession of a machinegun, in violation of Title 18, United States Code, Sections 922(o) and 924(a)(2).  This count carries a maximum term of imprisonment of ten years, up to a $250,000 fine, and up to three years of supervised release.

WHITLEY, MACKEY, JR., FRANK, and TAYLOR are also charged in Counts 11 through 14, respectively, with one count each, of being a felon in possession of a firearm, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(8).  Each of these counts carries a maximum term of imprisonment of fifteen years, up to a $250,000 fine, and up to three years of supervised release.

RILEY is charged in Count 15 and ANDREWS is charged in Count 17 with possession with intent to distribute tapentadol and marijuana, in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(C), and 841(b)(1)(D).  BROWN is charged in Count 19 with possession with intent to distribute tapentadol, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C).  The penalties for tapentadol are up to twenty years in prison, up to a $1,000,000 fine, and a minimum of three years of supervised release.  The penalties for marijuana are up to five years in prison, up to a $250,000 fine, and a minimum of two years of supervised release.

RILEY, ANDREWS, and BROWN are also charged in Counts 16, 18, and 20, respectively, with one count each, of possessing a firearm in furtherance of a drug trafficking crime, in violation of Title 18, United States Code, Section 924(c)(1)(A)(i).  Each of these counts carries a mandatory minimum sentence of five years up to life imprisonment, which is to run consecutively to all other sentences, up to a $250,000 fine, and up to five years of supervised release.

If convicted, each count also carries a mandatory $100 special assessment fee.

U.S. Attorney Evans reiterated that an indictment is merely a charge and that the guilt of each defendant must be proven beyond a reasonable doubt. 

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone.  On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

The case was investigated by the United States Department of Homeland Security, Homeland Security Investigations, the Louisiana State Police, and the New Orleans Police Department.  Assistant United States Attorney David Berman of the Violent Crimes Unit is in charge of the prosecution.