Buffalo man pleads guilty to his role in the murder of a federal informant, gun, and drug charges

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Gregory Hay, a/k/a Gunner, a/k/a Franklin Gambino, a/k/a Reggie, 35, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to narcotics conspiracy, possession of firearms in furtherance of drug trafficking, and discharge of firearm causing death in furtherance of crimes of violence and a drug trafficking crime. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life, and a $1,000,000 fine.  

Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that between early 2016, and August 28, 2019, Hay conspired with co-defendant Alphonso Payne and others, to sell cocaine, crack cocaine, marijuana, and heroin. The conspiracy began with Hay selling drugs in the Salamanca, NY, area, before moving his operation to the Olean area, where he used co-defendant Alphonso Payne to assist him with selling drugs. In April 2017, Hay’s vehicle was stopped by Buffalo Police and in May 2017 his vehicle was stopped by Salamanca Police. Buffalo officers seized marijuana, cocaine, crack cocaine, and heroin, while Salamanca officers seized a quantity of marijuana and a digital scale. In May 2019, investigators executed a search warrant at Hay’s residence, seizing two firearms, several magazines, ammunition, a digital scale, cash, and several cell phones. Hay used social media to display himself with firearms, letting others know that he could protect himself, his drugs, and his money. The conspiracy continued to operate until Hay was arrested in July 2019.

Following his arrest, Hay believed that an individual named Joshua Jalovick provided information to law enforcement that led to the search of his residence and subsequent arrest. As a result, Hay, Alphonso Payne, and another co-conspirator wanted Jalovick dead. On July 1, 2019, Hay and Payne lured Jalovick to a residence on Freund Avenue, where Payne fired approximately 11 rounds of ammunition toward Jalovick, striking him several times. Hay initially ran down the driveway, but then ran back toward Jalovick, stood over his body, and shot Jalovick five times. According to the Erie County Medical Examiner Report, Joshua Jalovick died from more than 15 gunshot wounds. Afterwards, Hay disposed of the murder weapons and his cell phone.

Charges remain pending against Alphonso Payne.

The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Bryan Miller, New York Field Division, and the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia. Additional assistance was provided by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, the U.S. Secret Service, under the direction of Special Agent-in-Charge Jeffrey Burr, and the Cattaraugus County Sheriff’s Office, under the direction of Sheriff Timothy Whitcomb.

Sentencing is scheduled for December 10, 2024, at 11:30 a.m. before Judge Arcara.  

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