Federal Grand Jury Returns Superseding Indictment Charging Eights Defendants In Drug Trafficking Ring Stretching Across The United States

BUFFALO - N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a 22-count Superseding Indictment charging David Burgin, David Washington a/k/a Dirty Dave a/k/a Dirt a/k/a Wavy Davey a/k/a Brick Boy Dave, Eleazar Martinez Medina, Rodney Pierce, Torrance Bailey a/k/a Bird, Sherron Kye, Devante Nance a/k/a V-Dutch, and Devon Clark a/k/a Booski, with conspiring to possess with intent to distribute, and distributing, controlled substances, including five kilograms or more of cocaine, one kilogram or more of heroin, 400 grams of fentanyl, 280 grams or more of cocaine base, 100 grams or more of fentanyl analogues, and marijuana. Several defendants are also charged with possession with intent to distribute these same controlled substances and maintaining premises for the purposes of drug trafficking. The charges carry a mandatory minimum penalty of 10 years in prison, and a maximum of life in prison. Defendants Burgin and Pierce also face an additional consecutive five-year sentence for possessing firearms in furtherance of drug trafficking.

Assistant U.S. Attorneys Timothy C. Lynch and Laura A. Higgins, who are handling the case, stated that according to the Superseding Indictment, the defendants were involved in a drug trafficking ring that stretched from California to Buffalo and involved cocaine, crack cocaine, fentanyl analogues, and fentanyl being transported to the Buffalo, NY area for distribution and sale.

During the course of the investigation, search warrants were executed at 12 residences, and investigators seized $1,405,327 in United States currency in Buffalo and California. In addition, investigators seized:

• six firearms;

• 3.63 kilograms of fentanyl;

• 2.97 kilograms of cocaine;

• 309 grams of fentanyl analogues;

• 893 grams of heroin; and

• 268 grams of crack cocaine;

• six concealed traps—many of which were hydraulically operated;

• scales and drug packaging materials.

The superseding indictment also seeks the forfeiture of multiple firearms, ammunition, and the financial proceeds of the drug trafficking conspiracy.

The indictment and criminal complaint are the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Erie County Sheriff’s Office, under the direction of Sheriff Tim Howard; the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge; and Customs and Border Protection Air and Marine Unit, under the direction of Director Brian Manaher.

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.