Manhattan United States Attorney Announces Superseding Indictment Charging Members Of Newburgh Street Gang With Additional Racketeering And Firearms Offenses

Geoffrey S. Berman, the United States Attorney for the Southern District of New York, David M. Hoovler, the Orange County District Attorney, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), Ashan M. Benedict, the New York Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”), and Aaron Weaver, the Acting Chief of the City of Newburgh Police Department, today announced additional charges against 10 alleged members of a street gang known as “Southside,” in Newburgh, New York.  All 10 defendants are charged with racketeering conspiracy.  Three of the defendants are charged with conspiracy to distribute heroin and crack cocaine, and two of the defendants are charged with conspiracy to distribute heroin.  In connection with the racketeering conspiracy, SKYLAR DAVIS and DAVONTE HAWKINS are charged with the August 2015 murder of Sammy Stubbs, who was shot in Newburgh.  WILLIAM FENNELL and TROY YOUNG are charged with the February 2017 murder of Gevontay Owens-Grant, also shot in Newburgh.  DAVIS, YOUNG, MICHAEL SIMMONS, DEMETRICE MCLEAN, and CALVIN LEMBHARD are charged with the use and discharge of a firearm in connection with and in furtherance of the racketeering conspiracy.  HAWKINS, FENNELL, ARDAE HINES, and DONTE NUGENT are charged with the use and discharge of a firearm in connection with and in furtherance of the racketeering conspiracy and narcotics conspiracy.  DAVANTE NUGENT is charged with being a felon in possession of ammunition.

Nine of the defendants were already in custody in connection with charges contained in a previous indictment related to this prosecution, which led to the arrests of 21 individuals in June 2017.  YOUNG was arrested and presented in White Plains federal court before United States Magistrate Judge Judith C. McCarthy yesterday.  All of the defendants were arraigned this morning in White Plains federal court before United States District Judge Cathy Seibel.

As alleged in the Superseding Indictment filed today in White Plains federal court[1]:

From at least 2014 through June 2017, the Southside Gang was a criminal enterprise centered in and around the intersection of South Street and Chambers Street in an area of Newburgh known as the “Southside.”  In order to gain funds for the gang, protect the gang’s territory, and promote the gang’s standing, members of Southside engaged in, among other things, narcotics trafficking, robbery, and acts involving murder.  To that end, Southside members sold heroin, crack cocaine, and marijuana in the gang’s territory, promoted their gang affiliation on social media sites such as Facebook, possessed firearms, and engaged in shootings as part of their gang membership. 

As alleged in the Superseding Indictment, the violence perpetrated by the Southside gang turned deadly on two occasions in 2015 and 2017.  On or about August 13, 20015, SKYLAR DAVIS and DAVONTE HAWKINS, aided and abetted by others, murdered Sammy Stubbs during a botched robbery of a card game in Newburgh.  On or about February 12, 2017, TROY YOUNG and WILLIAM FENNELL, aided and abetted by others, murdered a rival from the other side of Newburgh, Gevontay Owens-Grant, after an altercation broke out at a Valentine’s Day-themed party in Newburgh.  YOUNG and others were also injured during the shooting.

Several members of the Southside gang also participated in conspiracies to distribute narcotics in and around Newburgh.  In particular, FENNELL, DONTE NUGENT, and DAVANTE NUGENT participated in a conspiracy with other individuals to distribute more than one kilogram of heroin and/or more than 280 grams of crack cocaine from at least in or about 2014 up to and including in or about June 2017.  HAWKINS and HINES participated in the same narcotics conspiracy to distribute more than one kilogram of heroin.  HINES also participated in separate a conspiracy to distribute more than 280 grams of crack cocaine from at least in or about 2014 up to and including in or about June 2017.           

Between in or about 2015 and in or about May 2017, DAVIS, HAWKINS, FENNELL, YOUNG, HINES, MCLEAN, SIMMONS, LEMBHARD, and DONTE NUGENT also possessed, used, brandished, and discharged firearms in furtherance of the Southside racketeering conspiracy in which they all participated, the narcotics conspiracy in which HAWKINS, FENNELL, HINES, and DONTE NUGENT participated, and the separate narcotics conspiracy in which HINES participated.  On or about June 14, 2017, after being convicted of a crime punishable by more than one year, DAVANTE NUGENT was found in possession of ammunition.

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Charts containing the names of the defendants who were charged today, and the charges and maximum penalties they face, are attached.  The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants would be determined by the respective judges.

Mr. Berman praised the outstanding investigative work of the FBI, ATF, and the City of Newburgh Police Department.  Mr. Berman thanked the Orange County District Attorney’s Office for its invaluable ongoing assistance in the case.  Mr. Berman also thanked the Town of Newburgh Police Department, the New York State Police, the Orange County Sheriff’s Department, the Town of New Windsor Police Department, and the New York Department of Corrections and Community Supervision for their assistance in the case. 

This case is being handled by the Office’s White Plains Division.  Assistant United States Attorneys Maurene Comey, Jacqueline Kelly, and Allison Nichols are in charge of the prosecution.

The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

United States v. Skylar Davis, et al., S1 17 Cr. 364