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Press Release

10th Street Gang Member Sentenced on RICO and Firearm Charges; Two Associates Plead Guilty to Drug Charges

For Immediate Release
U.S. Attorney's Office, Western District of New York

          Buffalo, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Justin Augus, of Buffalo, N.Y., who was convicted of Racketeering Influenced Corrupt Organizations (RICO) and possession of a firearm in furtherance of drug trafficking, was sentenced to 228 months in prison by U.S. District Judge Richard J. Arcara.   

Assistant U.S. Attorney Joseph M. Tripi, who handled the case, stated that Augus, a 10th Street Gang member, participated in three shootings. On July 14, 2008, the defendant and another gang member shot a rival member of the 7th Street Gang. On August 11, 2009, Augus and another gang member shot at rival 7th Street Gang associates. And on November 8, 2009, the defendant was in a vehicle being driven by another 10th Street Gang member when he fired several rounds from a semi-automatic weapon which struck a 7th Street Gang member. In addition, Augus distributed marijuana in the territory controlled by the gang between 2000 and 2010. He also  possessed firearms during his drug trafficking activities.   

Darnell McIntosh, and Jonathan Serrano, both of Buffalo, N.Y., each pleaded guilty before Judge Arcara. Darnell McIntosh pleaded guilty to conspiracy to distribute crack cocaine, cocaine and marijuana, which carries a maximum penalty of 20 years in prison, a $1,000,000 fine, or both. Jonathan Serrano pleaded guilty to conspiracy to distribute marijuana, which carries a maximum penalty of five years in prison, a fine of $250,000, or both.

Between 2006 through 2011, Darnell McIntosh obtained quantities of cocaine and crack cocaine from members of the 10th Street Gang which he then re-distributed in the City of Buffalo. At various times, McIntosh also obtained quantities of marijuana which he also sold.

Jonathan Serrano, along with members and other associates of the 10th Street Gang, sold marijuana in the territory controlled by the gang in 2009.

The defendants are among 44 10th Street Gang members and associates charged in this case. A total of 29 have been convicted.

The pleas are the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig, the New York State Police, under the direction of Major Michael Cerretto, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Resident Agent in Charge Frank Christiano.

Jonathan Serrano will be sentenced on April 28, 2014, at 1:00 p.m. before Judge Arcara. Sentencing for Darnell McIntosh is scheduled for July 24, 2014, at 12:30 p.m., also before Judge Arcara.


Updated December 1, 2014