Two Men Indicted For The Murder Of A Federal Informant, Three Others Charged With Obstruction Of Justice For Lying To The Grand Jury About The Murder

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a superseding indictment charging Gregory Hay, a/k/a Gunner, a/k/a Franklin Gambino, a/k/a Reggie, and Alphonso Payne, a/k/a Ajay, with conspiracy to murder a federal informant; murdering a federal informant; conspiring to possess with intent to distribute and to distribute cocaine; possessing with intent to distribute and distributing cocaine; conspiring to retaliate against a federal informant; retaliating against a federal informant; discharge of a firearm in furtherance of crimes of violence and a drug trafficking crime; and discharge of a firearm causing death in furtherance of crimes of violence and a drug trafficking crime. In addition, defendant Hay is charged with possession of firearms and ammunition by a felon; possession of a short-barreled rifle; and possession of firearms in furtherance of drug trafficking.

Assistant U.S. Attorneys Timothy C. Lynch and Jeremiah E. Lenihan, who are handling the case, stated that according to the superseding indictment, between approximately 2016 and August 20, 2019, the defendants conspired with others to sell cocaine, crack cocaine, and heroin. The indictment also alleges that in the early evening of July 1, 2019, Hay and Payne murdered Joshua Jalovick by shooting him to death in the backyard of a residence on Freund Street in Buffalo, to prevent him from testifying about their alleged drug trafficking crimes and Hay’s firearm crimes.

“The Department of Justice has a capital case review process which culminates in a decision by the Attorney General regarding whether to seek, or not to seek, the death penalty against an individual defendant,” stated United States Attorney Kennedy.  “That process is underway in this case.”

In addition to defendants Hay and Payne, defendants Daeshawn Stevenson, Raejah Blackwell, and Roland Eady were also named in the superseding indictment for their roles in obstructing a grand jury’s investigation into Joshua Jalovick’s murder. For those crimes, defendants Stevenson, Blackwell, and Eady each face a maximum penalty of 20 years in prison.

Daeshawn Stevenson is charged with obstruction of justice and making false declarations before grand jury. Stevenson is accused of lying to the grand jury about whether defendants Hay and Payne were in the backyard of 87 Freund when Joshua Jalovick was murdered, and whether Hay shot Jalovick. Raejah Blackwell is also charged with obstruction of justice and making false declarations before grand jury. She is accused of lying to the grand jury about whether she was present in the backyard of 87 Freund Street when Joshua Jalovick was shot and killed, and whether co-defendant Roland Eady was also present. Defendant Eady is also charged with obstruction of justice for lying to the grand jury about the identity of individuals present in the backyard of 87 Freund when Joshua Jalovick was murdered.

Defendant Payne was arraigned today before U.S. Magistrate Judge Michael J. Roemer and was detained. Defendant Hay will be arraigned on June 5, 2020, at 9:30 a.m., also before Judge Roemer.

The superseding indictment is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood. Additional assistance was provided by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, the U.S. Secret Service, under the direction of Special Agent-in-Charge Lewis Robinson, and the Cattaraugus County Sheriff’s Office, under the direction of Sheriff Timothy Whitcomb.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.