HARRISBURG – The United States Attorney’s Office for the
Middle District of Pennsylvania announced today that the leader of a gang that
has operated for a decade or more in the City of York was sentenced to life in
prison for racketeering and drug distribution conspiracies.
According to United States Attorney Bruce D. Brandler, U.S.
District Court Judge Yvette Kane imposed a sentence of life in prison on Marc
Hernandez, a/k/a “Marky D,” age 32, who was identified as a leader of the
“Southside” street gang as well as a member of the Bloods. When imposing sentence, Judge Kane noted
Hernandez’s leadership in the gang that ravaged the community in York for over
a decade, causing numerous deaths and many other victims. Judge Kane indicated
that Hernandez “was the leader of an organization that destroyed a community,”
a group that committed countless drive-by shootings and killings of many
individuals including innocent bystanders. Judge Kane also noted that “even
from jail, he continued as a leader” in the same group doing the same
activities.
At the sentencing, the government presented evidence that
Hernandez’s gang related activities continued from his jail cell while he
awaited sentencing. Including smuggling drugs and phones into prison and
attempting to order the murder of individuals outside of prison. There was also
evidence introduced at sentencing that Hernandez had risen to national
leadership within his set of the Bloods gang. The government asked for a life
sentence and pointed to the evidence that Hernandez continued to sell drugs and
participate in violent retaliation while in prison. The government argued to
court that it should have no confidence that Hernandez will ever stop his
violent, drug trafficking ways, as demonstrated by his ongoing criminal
conduct. Judge Kane noted that Hernandez
was comparable to his co-defendant, Rolando Cruz, Jr. who was sentenced to life
in prison on October 3, 2017.
In November 2015, a jury convicted Hernandez of racketeering
and drug trafficking conspiracies after a seven-week trial. It included over 100 witnesses called by the
government, including York City Police officers and detectives, federal agents
from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the FBI
and gang members who had previously pleaded guilty and featured the
presentation of over 500 exhibits. Among
the exhibits were videos of violent incidents involving the Southside Gang,
drugs, cash and property seized by police and ATF agents as part of the
investigation.
The jury convicted the other 11 men who went to trial with
Hernandez.
The gang, labeled by the government as a criminal
enterprise, is known as Southside. It
operated in southern York, centered in the area of Maple and Duke Streets. There was no formal structure but the
participants included senior leaders, drug traffickers engaged in distribution
and sales of narcotics, particularly crack cocaine, and “shooters,” individuals
who committed acts of violence, including use of firearms on behalf of the gang
and to protect its members from other gangs in York. Order was maintained through intimidation and
threats and, in some cases, murder. The
Southside Gang includes a group of violent drug traffickers, originally
affiliated with the “Bloods,” primarily a New York-based national violent
street gang.
Violence against a rival York gang, called “Parkway,”
allegedly resulted in death or shootings of members of both gangs and innocent
bystanders.
ATF, together with the York City Police Department and the
York County District Attorney’s Office, began an intensive two-year
investigation of Southside in 2012. It
culminated in a September 2014 grand jury indictment of 21 individuals.
Eight of the indicted persons, including James Abney, a
senior Southside leader, pleaded guilty to the racketeering conspiracy charge
prior to the trial, as did seven other individuals included in the September
2014 indictment.
Many individual Southside gang members were investigated and
previously prosecuted by York County law enforcement agencies on state
charges. The federal prosecution aimed
at dismantling the organization by exposing and attacking its continuity and
leadership. The federal investigation of
gang violence and drug dealing in York is continuing in full cooperation with
local police and the York County District Attorney’s Office.
Overall, the jury found seven of the 12 men on trial guilty
of racketeering conspiracy and conspiracy to distribute drugs, mainly cocaine
base (crack) and cocaine, but including heroin in some instances. Two others were found not guilty of the
racketeering charge but were found guilty of the drug distribution conspiracy
count of the indictment. Three of the
defendants were found not guilty of either of the conspiracy counts. The jury found all 12 defendants guilty of
possession of illegal drugs with the intent to distribute. Two defendants were also charged and found
guilty of, possession of firearms in furtherance of drug trafficking.
The principal defendants, specifically the most violent and
those in leading roles, were found guilty of the racketeering conspiracy
charges.
The individual defendants and the charges on which they were
awaiting sentencing or were sentenced:
Rolando Cruz, Jr., “Mico,” age 32; racketeering conspiracy,
drug trafficking conspiracy, drug possession with intent to deliver and
possession of firearms in furtherance of drug trafficking (2 counts) was
sentenced on October 3, 2017, to life in prison.
Douglas Kelly, a/k/a “Killer,” age 39; racketeering
conspiracy, drug trafficking conspiracy, and drug possession with intent to
deliver is awaiting sentencing,
Roscoe Villega, a/k/a “P Shawn,” age 43; racketeering
conspiracy, drug trafficking conspiracy, and drug possession with intent to
deliver is awaiting sentencing,
Tyree Eatmon, a/k/a “Ree,” age 29; racketeering conspiracy,
drug trafficking conspiracy, and drug possession with intent to deliver is
awaiting sentencing,
Maurice Atkinson, a/k/a “Mo,” age 30; racketeering
conspiracy, drug trafficking conspiracy, and drug possession with intent to
deliver is awaiting sentencing,
Anthony Sistrunk, a/k/a “Kanye,” age 29; racketeering
conspiracy, drug trafficking conspiracy, and drug possession with intent to
deliver is awaiting sentencing,
Eugene Rice, a/k/a “B Mor,” age 29; drug trafficking
conspiracy, and drug possession with intent to deliver is awaiting sentencing,
Angel Schueg, a/k/a “Pocko,” age 28; drug trafficking
conspiracy, and drug possession with intent to deliver is awaiting sentencing,
Jalik Frederick, a/k/a “Murder Cat,” age 22; drug possession
with intent to deliver was sentenced to 33 months in prison on June 5, 2017,
Brandon Orr, a/k/a “B Or,” age 23; drug possession with
intent to deliver was sentenced to 34 months in prison on November 10, 2016,
Jabree Williams, a/k/a “Minute,” age 24; drug possession
with intent to deliver was sentenced to 60 months in prison on May 15, 2017.
Southside gang members who pleaded guilty to racketeering
conspiracy prior to the trial are and who are awaiting sentencing are:
James Abney, a/k/a “Doocs,” age 31.
Malik Sturdivant, a/k/a “Base,” age 25.
Jahkeem Abney, a/k/a “Foo,” age 27.
Ronald Payton, a/k/a “Ron Ron,” age 25.
Cordaress Rogers, a/k/a “Tank,” age 31.
Marquis Williams, a/k/a “Quis,” age 29.
Jerrod Brown, a/k/a “Boogie,” age 28.
Quintez Hall, a/k/a “Q,” age 25.
Richard Nolden, a/k/a “Rich,” age 27.
The case included the participation and assistance of the
Pennsylvania State Police, West York Borough Police Department, Spring Garden
Township Police Department, the York County Drug Task Force, the Federal Bureau
of Investigation, and the U.S. Marshals Service. Assistant U.S. Attorneys
Michael A. Consiglio, William Houser, and Joseph Terz prosecuted the case.
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