Damian Williams, the United States Attorney for the Southern District of New York, and Keechant L. Sewell, commissioner of the New York City Police Department (“NYPD”), today announced the opening of an indictment against KEVIN PEREZ , a/k/a “Kay Flock,” a/k/a “Kay,” a/k/a “KK,” DEVON MASON, a/k/a “BJ,” ERVIN BEAMON, a/k/a “ EJ,” NICHOLAS JOHNSON , aka “Nick”, SEAN SMITH, aka “Sticky” and JOSSI CASTRO, aka “Jesse,” with conspiracy and other felonies related to their membership in “Sev Side, ” or “DOA,” a street gang based in the Bronx, N.Y. On January 26, 2023, a substitute indictment was opened accusing IZAYAH ROWSON, a/k/a “Zay Munna”, a/k/a “Zay” and MICHAEL GANT, a/k/a “AP”, of criminal conspiracy and other crimes related to their membership in “Third Side”, a street gang also based in the Bronx, New York, which was closely affiliated with Sev Side. PEREZ was also charged with the gang-related murder of Hwascar H ernandez, who was shot and killed on December 16, 2021, in the Hamilton Heights section of Upper Manhattan. PEREZ, MASON, BEAMON, JOHNSON, ROWSON and GANT were also charged with numerous other violent crimes in connection with the Sev Side and Third Side gangs, including attempted murder and assault with a dangerous weapon stemming from seven shootings committed in the Bronx between June 2020 and Feb. 2022. Sev Side indictment is assigned to US District Judge Lewis J. Liman. The third side indictment is assigned to United States District Judge Paul A. Engelmayer.
ROWSON and GANT are currently in federal custody in connection with the charges contained in the third party substitute indictment. MASON, JOHNSON and CASTRO were arrested this morning in the Bronx and are expected to be presented later today before Magistrate Judge Valerie Figueredo. PEREZ, who was in state custody, has been transferred to federal custody and is also expected to be presented later today. SMITH and BEAMON are at large.
US Attorney Damian Williams said, “Over the course of several years, members of these gangs allegedly terrorized neighborhoods in the Bronx and Manhattan by killing and shooting more people. Through these allegations, we will hold members of the Sev Side and Third Side accountable for afflicting our communities with gun violence.”
NYPD Commissioner Keechant L. Sewell said, The deadly link between gangs and illegal guns in New York City is a serious threat to public safety in our city. Fighting this crisis is the NYPD’s top priority, and today’s indictments are another step toward ridding our streets of violence and fear. I want to thank the United States Attorney’s Office for the Southern District of New York and everyone else involved in this case who have worked to make our city safer for all the people we serve.”
According to the charges contained in the Sev Side Indictment and the Third Side Substitute Indictment and statements previously made on the record in this case and related matters:[1]
From at least 2019 to 2022, members of Sev Side and Third Side, two street gangs based in the 48th district of the Bronx, New York, aligned with each other to terrorize their own and surrounding neighborhoods by committing indiscriminate shootings against members of rival street gangs. Gang members also promoted gang and gun violence on social media and through the music they created and promoted, which referenced real acts of violence.
For years, Sev Side and Third Side have engaged in disputes with rival crews in the Bronx and in Manhattan, resulting in numerous acts of violence, including the following:
- PEREZ killed Hwascar Hernandez in broad daylight in Manhattan on December 16, 2021;
- PEREZ, GANT and ROWSON shot rival gang members on June 20, 2020;
- JOHNSON shot a rival gang member on June 26, 2020;
- GANT shot rival gang members on July 7, 2020;
- GANT shot rival gang members on July 16, 2020;
- ROWSON shot rival gang member Dec. 13, 2020;
- PEREZ, MASON and BEAMON shot rival gang members on November 10, 2021; AND
- MASON shot a rival gang member and stabbed an innocent bystander on February 10, 2022.
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A table is attached containing the names of the defendants reported today and on 26 January 2023, the charges and the minimum and maximum sentences against them. All defendants are residents of the Bronx, New York.
The legal minimum and maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any defendants’ convictions would be determined by a judge.
Mr. Williams commended the NYPD’s outstanding investigative work and thanked the New York County District Attorney’s Office and the Bronx County District Attorney’s Office for their assistance.
This case is being handled by the Bureau’s Organized and Violent Crime Unit. US assistant attorneys Elizabeth Espinosa, Jim Ligtenberg and Ni Qian are in charge of the prosecution.
The charges contained in the indictment and substitute indictment are mere indictments and defendants are presumed innocent unless and until proven guilty.
defendant
Age
Expenses
Minimum and maximum penalties
KEVIN PEREZ
19
Conspiracy to felony, homicide in aid of racketeering, use of a firearm resulting in death, attempted murder and assault with a dangerous weapon in aid of a racket, use of a firearm in attempted murder and assault with a dangerous weapon
Compulsory life in prison or death
DEVON MASON
24
Criminal conspiracy, attempted murder and assault with a dangerous weapon in support of racketeering, use of a firearm for attempted murder and assault with a dangerous weapon, possession of a firearm with canceled serial number
Maximum of life imprisonment; mandatory minimum of 20 years consecutive to any other conviction
ERVIN LIGHTHOUSE
23
Criminal conspiracy, attempted murder and assault with a dangerous weapon in support of racketeering, use of a firearm for attempted murder and assault with a dangerous weapon
Maximum of life imprisonment; mandatory minimum of 10 years consecutive to any other conviction
NICOLA JOHNSON
21
Criminal conspiracy, attempted murder and assault with a dangerous weapon in support of racketeering, use of a firearm for attempted murder and assault with a dangerous weapon
Maximum of life imprisonment; mandatory minimum of 10 years consecutive to any other conviction
SEAN SMITH
32
Conspiracy to commit racketeering, possession of a firearm after a felony conviction
Maximum 30 years in prison
JOSSI CASTRO
25
Criminal conspiracy
Maximum 20 years in prison
ISZAYA ROWSON
22
Criminal conspiracy, attempted murder and assault with a dangerous weapon in support of racketeering, use of a firearm for attempted murder and assault with a dangerous weapon; Carrying and receiving a firearm during a felony charge
Maximum of life imprisonment; mandatory minimum of 20 years consecutive to any other conviction
MICHAEL GANTE
21
Criminal conspiracy, attempted murder and assault with a dangerous weapon in support of racketeering, use of a firearm for attempted murder and assault with a dangerous weapon
Maximum of life imprisonment; mandatory minimum of 20 years consecutive to any other conviction
[1] As the introductory sentence indicates, the entire text of the allegation and substitute allegation and the description of the allegations set forth herein constitute allegations only, and any fact described should be treated as an allegation.
