You are on page 1of 27

Case 4:17-cr-00111-MSD-LRL Document 89 Filed 03/14/18 Page 1 of 27 PageID#

FILED 1321
IN! DPF.N COURT.

IN THE UNITED STATES DISTRICT COURT


FOR THE EASTERN DISTRICT OF VIRGINIA
CL£RK U.S. DlSTRiCT COURT
Newport News Division MFWPOaT NEWS. VA

UNITED STATES OF AMERICA CRIMINAL NO. 4:17crlll

V.

ALEX JERMAINE BURNETT 21 U.S.C. §§ 848


a/k/a "Da Boss" "Styles" Continuing Criminal Enterprise
(Counts 1, 2, 3,4, 5, 9,10 (Count 1)

ROBERT LEE BURNETT


21 U.S.C, §§ 846 and 841
(Count 3) Conspiracy to Distribute and Possess with
Intent to Distribute Heroin, Cocaine and
SHIRLEY DIANE BURNETT
Cocaine Base
(Count 3) (Count 2)

CHARLES MCMILLAN
18 U.S.C. § 1956(h)
a/k/a "Cee Mack" Conspiracy to Launder Money
(Counts 2, 6, 7, 8) (Count 3)

CHARLES BAILEY, JR. 21 U.S.C. § 841(a)(1)


(Counts 2, 6, 7, 8,13) Distribute Heroin or Cocaine Base or
marijuana
MARIO DEYON BARRETT
(Counts 4, 5, 6, 7, 8, 9,12,13,14,16,18)
A/K/A "Rio"
(Counts 2,4,10,14,15) 18 U.S.C. § 922(g)(1)
Felon in Possession of Firearm
JORDAN DAVIS
(Counts 10,11,19)
a/k/a 'Montana"
(Counts 2,11,12, 21) 18 U.S.C. § 924(c)
Possess Firearm During Drug Trafficking
ADA RODRIGUEZ
(Counts 15,17, 21)
(Count 3)
18U.S.C. § 1512
ELEONORA PARONUZZI
Attempted Witness Tampering
a/k/a "Elle"
(Count 20)
(Counts 3)
18 U.S.C. §§ 924(d), 982(a)(1); 21 U.S.C. §
STANLEY FREEMAN
853; 28 U.S.C. § 2461
a/k/a "Pacman"
Forfeiture Allegation
(Counts 2,16,17,18,19)

DEANGELO FREEMAN
(Count 2 and 20)
Case 4:17-cr-00111-MSD-LRL Document 89 Filed 03/14/18 Page 2 of 27 PageID# 1322

SUPERSEDING INDICTMENT

March 2018 - at Newport News, Virginia

COUNT ONE

THE GRAND JURY CHARGES THAT:

Between 2013 and October 25, 2017, within the Eastern District of Virginia and

elsewhere, the defendant, ALEX JERMAINE BURNETT, did engage in a continuing criminal

enterprise by committing a continuing series of felony violations of Title 21, United States Code

Section 841(a)(1), which continuing series of violations was undertaken by defendant in concert

with at least five other persons with respect to whom defendant occupied a position as organizer,

a supervisory position, and some other position of management, and from which continuing

series of violations defendant obtained substantial income and resources. The continuing series

of violations undertaken by defendant ALEX JERMAINE BURNETT included but was not

limited to the conduct in Count Two of this indictment which is incorporated by reference in this

count.

(In violation of Title 21, United States Code, Section 848.)


Case 4:17-cr-00111-MSD-LRL Document 89 Filed 03/14/18 Page 3 of 27 PageID# 1323

COUNT TWO

THE GRAND JURY CHARGES THAT:

On or about or between 2013 and October 25, 2017, in the Eastern District of Virginia

and elsewhere, the defendants, ALEX JERMAINE BURNETT also known as (a/k/a) "Da

Boss" a/k/a "Styles", CHARLES MCMILLAN a/k/a "Cee Mack", CHARLES BAILEY,

JR, MARIO DEVON BARRETT a/k/a "Rio", JORDAN DAVIS, STANLEY FREEMAN

a/k/a "Pacman" and DEANGELO FREEMAN, did unlawfully, knowingly and intentionally

combine, conspire, confederate and agree together with other persons known and unknown to the

grand jury to commit the following offenses against the United States:

1. Distribute 1000 grams or more of a mixture or substance containing a detectable

amount of heroin, a Schedule I narcotic controlled substance, in violation of Title 21, United

States Code, Section 841(a)(1) and (b)(1)(A).

2. Possess with intent to distribute 1000 grams or more of a mixture or substance

containing a detectable amount of heroin, a Schedule I narcotic controlled substance, in violation

of Title 21, United States Code, Section 841(a)(1) and (b)(1)(A).

3. Distribute five kilograms or more of a mixture or substance containing a

detectable amount of cocaine, a Schedule II narcotic controlled substance, in violation of Title

21, United States Code, Section 841(a)(1) and (b)(1)(A).

4. Possess with intent to distribute five kilograms or more of a mixture or substance

containing a detectable amount of cocaine, a Schedule II narcotic controlled substance, in

violation of Title 21, United States Code, Section 841(a)(1) and (b)(1)(A).
Case 4:17-cr-00111-MSD-LRL Document 89 Filed 03/14/18 Page 4 of 27 PageID# 1324

5. Distribute 28 grams or more of a mixture or substance containing a detectable

amount of cocaine base, a Schedule II narcotic controlled substance, in violation of Title 21,

United States Code, Section 841(a)(1) and (b)(1)(B).

6. Possess with intent to distribute 28 grams or more of a mixture or substance

containing a detectable amount of cocaine base, a Schedule II narcotic controlled substance, in

violation of Title 21, United States Code, Section 841(a)(1) and (b)(1)(B).

(All in violation of Title 21, United States Code, Sections 846, 841(a)(1) and
841(b)(1)(A)).
Case 4:17-cr-00111-MSD-LRL Document 89 Filed 03/14/18 Page 5 of 27 PageID# 1325

COUNT THREE

THE GRAND JURY FURTHER CHARGES THAT:

Beginning in or about 2013 through October 2017, in the Eastern District of Virginia and

elsewhere, ALEX JERMAINE BURNETT also known as (a/k/a) "Da Boss" a/k/a "Styles",

ELEONORA PARONUZZI a/k/a "Elle", ROBERT LEE BURNETT, SHIRLEY DIANE

BURNETT, and ADA RODRIGUEZ, the defendants herein, did knowingly, willftilly, and

unlawfully combine conspire, confederate and agree with each other and other persons, both

known and unknown, to knowingly, willfully, and unlawfully conduct, attempt to conduct, and

cause to be conducted financial transactions affecting interstate commerce, which transactions

involved the proceeds of specified unlawful activity, that is, conspiracy to distribute heroin, in

violation of Title 21, United States Code, Section 846, with the intent to promote the carrying on

of specified unlawful activity, that is, conspiracy to distribute heroin, cocaine and cocaine base in

violation of Title 21, United States Code, Section 846, and that, while conducting and attempting

to conduct such financial transactions, the defendants knew that the property involved in the

financial transactions represented the proceeds of some form of unlawful activity.

(All in violation of Title 18, United States Code, Section 1956(h))


Case 4:17-cr-00111-MSD-LRL Document 89 Filed 03/14/18 Page 6 of 27 PageID# 1326

COUNT FOUR

THE GRAND JURY FURTHER CHARGES THAT:

On or about February 17, 2017, in Hampton, Virginia, in the Eastern District of Virginia

and elsewhere, the defendants, MARIO DEVON BARRETT and ALEX JERMAINE

BURNETT, did unlawfully, knowingly and intentionally distribute a substance containing a

detectable amount of heroin, a Schedule I narcotic controlled substance.

(All in violation of Title 21, United States Code, Section 841(a)(1) and (b)(1)(C).
Case 4:17-cr-00111-MSD-LRL Document 89 Filed 03/14/18 Page 7 of 27 PageID# 1327

COUNT FIVE

THE GRAND JURY FURTHER CHARGES THAT:

On or about March 19, 2017, in Hampton, Virginia, in the Eastern District of Virginia

and elsewhere, the defendant, ALEX JERMAINE BURNETT, did unlawfully, knowingly and

intentionally distribute a detectable amount of heroin, a Schedule I narcotic controlled substance.

(All in violation of Title 21, United States Code, Section 841(a)(1) and (b)(1)(B).
Case 4:17-cr-00111-MSD-LRL Document 89 Filed 03/14/18 Page 8 of 27 PageID# 1328

COUNT SIX

THE GRAND JURY FURTHER CHARGES THAT:

On or about August 11, 2016, in Hampton, Virginia, in the Eastern District of Virginia

and elsewhere, the defendants, CHARLES MCMILLAN and CHARLES BAILEY, JR. did

unlawfully, knowingly and intentionally distribute a substance containing a detectable amount of

cocaine base, a Schedule II narcotic controlled substance.

(All in violation of Title 21, United States Code, Section 841(a)(1) and (b)(1)(C).
Case 4:17-cr-00111-MSD-LRL Document 89 Filed 03/14/18 Page 9 of 27 PageID# 1329

COUNT SEVEN

THE GRAND JURY FURTHER CHARGES THAT:

On or about May 4, 2017, in Hampton, Virginia, in the Eastern District of Virginia and

elsewhere, the defendants, CHARLES MCMILLAN and CHARLES BAILEY, JR. did

unlawfully, knowingly and intentionally distribute a substance containing a detectable amount of

cocaine base, a Schedule II narcotic controlled substance.

(All in violation of Title 21, United States Code, Section 841(a)(1) and (b)(1)(C).
Case 4:17-cr-00111-MSD-LRL Document 89 Filed 03/14/18 Page 10 of 27 PageID# 1330

COUNT EIGHT

THE GRAND JURY FURTHER CHARGES THAT:

On or about May 8, 2017, in Hampton, Virginia, in the Eastern District of Virginia and

elsewhere, the defendants, CHARLES MCMILLAN and CHARLES BAILEY, JR. did

unlawfully, knowingly and intentionally distribute a substance containing a detectable amount of

cocaine base, a Schedule II narcotic controlled substance.

(All in violation of Title 21, United States Code, Section 841(a)(1) and (b)(1)(C).

10
Case 4:17-cr-00111-MSD-LRL Document 89 Filed 03/14/18 Page 11 of 27 PageID# 1331

COUNT NINE

THE GRAND JURY FURTHER CHARGES

On or about June 15, 2017, in Newport News, Virginia, in the Eastern District of

Virginia and elsewhere, the defendant, ALEX JERMAINE BURNETT, did unlawfully,

knowingly and intentionally distribute a detectable amount of heroin, a Schedule I narcotic

controlled substance.

(All in violation of Title 21, United States Code, Section 84i(a)(l) and (b)(1)(B).

11
Case 4:17-cr-00111-MSD-LRL Document 89 Filed 03/14/18 Page 12 of 27 PageID# 1332

COUNT TEN

THE GRAND JURY FURTHER CHARGES THAT:

On or about July 24, 2017, in the Eastern District of Virginia and elsewhere, the

defendants, MARIO DEVON BARRETT and ALEX JERMAINE BURNETT after having

been convicted of a felony crime punishable by imprisonment for a term exceeding one year, did

knowingly and unlawfully possess, in and affecting interstate commerce, a firearm, to wit: an

assault rifle.

(hi violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2)).

12
Case 4:17-cr-00111-MSD-LRL Document 89 Filed 03/14/18 Page 13 of 27 PageID# 1333

COUNT ELEVEN

THE GRAND JURY FURTHER CHARGES THAT:

On or about October 23, 2017, in the Eastern District of Virginia and elsewhere, the

defendant, JORDAN DAVIS after having been convicted of a felony crime punishable by

imprisonment for a term exceeding one year, did knowingly and unlawfully possess, in and

affecting interstate commerce, a firearm, to wit: Taurus .45 caliber handgun.

(In violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2)).

13
Case 4:17-cr-00111-MSD-LRL Document 89 Filed 03/14/18 Page 14 of 27 PageID# 1334

COUNT TWELVE

THE GRAND JURY FURTHER CHARGES THAT:

On or about January 19, 2017, in Newport News, Virginia, in the Eastern District of

Virginia and elsewhere, the defendant, JORDAN DAVIS did unlawfully, knowingly and

intentionally distribute a substance containing a detectable amount of cocaine base, a Schedule II

narcotic controlled substance.

(All in violation of Title 21, United States Code, Section 841(a)(1) and (b)(1)(C).

14
Case 4:17-cr-00111-MSD-LRL Document 89 Filed 03/14/18 Page 15 of 27 PageID# 1335

COUNT THIRTEEN

THE GRAND JURY FURTHER CHARGES THAT:

On or about October 25, 2017, in Hampton, Virginia, in the Eastern District of Virginia

and elsewhere, the defendant, CHARLES BAILEY, JR. did unlawfully, knowingly and

intentionally possess with intent to distribute a substance containing a detectable amount of

cocaine base, a Schedule II narcotic controlled substance.

(All in violation of Title 21, United States Code, Section 841(a)(1) and (b)(1)(C).

15
Case 4:17-cr-00111-MSD-LRL Document 89 Filed 03/14/18 Page 16 of 27 PageID# 1336

COUNT FOURTEEN

THE GRAND JURY FURTHER CHARGES THAT:

On or about October 25, 2017, in Hampton, Virginia, in the Eastern District of Virginia

and elsewhere, the defendant, MARIO DEVON BARRETT did unlawfully, knowingly and

intentionally possess with intent to distribute a substance containing a detectable amount of

marijuana, a Schedule I controlled substance.

(All in violation of Title 21, United States Code, Section 841(a)(1) and (b)(1)(D).

16
Case 4:17-cr-00111-MSD-LRL Document 89 Filed 03/14/18 Page 17 of 27 PageID# 1337

COUNT FIFTEEN

THE GRAND JURY FURTHER CHARGES THAT:

On or about October 25, 2017, in Hampton, Virginia, in the Eastern District of Virginia

and elsewhere, the defendant, MARIO DEVON BARRETT, unlawfully and knowingly

possessed a semi-automatic assault weapon, in furtherance of a drug trafficking crime for which

he may be prosecuted in a court of the United States, to wit: possession with intent to distribute

marijuana, a Schedule I controlled substance.

(In violation of Title 18, United States Code, Section 924(c)(1)(A)).

17
Case 4:17-cr-00111-MSD-LRL Document 89 Filed 03/14/18 Page 18 of 27 PageID# 1338

COUNT SIXTEEN

THE GRAND JURY FURTHER CHARGES THAT:

On or about February 24, 2016, in Hampton, Virginia, in the Eastern District of Virginia

and elsewhere, the defendant, STANLEY FREEMAN did unlawfully, knowingly and

intentionally distribute a substance containing a detectable amount of cocaine, a Schedule II

narcotic controlled substance.

(All in violation of Title 21, United States Code, Section 841(a)(1) and (b)(1)(C).

18
Case 4:17-cr-00111-MSD-LRL Document 89 Filed 03/14/18 Page 19 of 27 PageID# 1339

COUNT SEVENTEEN

THE GRAND JURY FURTHER CHARGES THAT:

On or about February 24, 2016, in Hampton, Virginia, in the Eastern District of Virginia

and elsewhere, the defendant, STANLEY FREEMAN, unlawfully and knowingly possessed a

firearm, in furtherance of a drug trafficking crime for which he may be prosecuted in a court of

the United States, to wit: distribution of cocaine, a Schedule II narcotic controlled substance.

(In violation of Title 18, United States Code, Section 924(c)(1)(A)).

19
Case 4:17-cr-00111-MSD-LRL Document 89 Filed 03/14/18 Page 20 of 27 PageID# 1340

COUNT EIGHTEEN

THE GRAND JURY FURTHER CHARGES THAT:

On or about May 31, 2017, in Hampton, Virginia, in the Eastern District of Virginia and

elsewhere, the defendant, STANLEY FREEMAN did unlawfully, knowingly and intentionally

possess with intent to distribute more than 100 grams of a substance containing a detectable

amount of heroin, a Schedule I narcotic controlled substance.

(All in violation of Title 21, United States Code, Section 841(a)(1) and (b)(1)(B).

20
Case 4:17-cr-00111-MSD-LRL Document 89 Filed 03/14/18 Page 21 of 27 PageID# 1341

COUNT NINETEEN

THE GRAND JURY FURTHER CHARGES THAT:

In or about September, 2017, in the Eastem District of Virginia and elsewhere, the

defendant, STANLEY FREEMAN after having been convicted of a felony crime punishable by

imprisonment for a term exceeding one year, did knowingly and unlawfiilly possess, in and

affecting interstate commerce, a firearm, to wit: an SKS Assault Rifle.

(In violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2)).

21
Case 4:17-cr-00111-MSD-LRL Document 89 Filed 03/14/18 Page 22 of 27 PageID# 1342

COUNT TWENTY

THE GRAND JURY FURTHER CHARGES THAT:

On or about or between August 2017 and October 2017, in the Eastern District of

Virginia and elsewhere, the defendant, DEANGELO FREEMAN did corruptly attempt to

obstruct, influence and impede the prosecution of Alex Burnett, an official proceeding, to wit:

the defendant did provide to individuals listed in Count Two, the identity of a confidential

informant and the fact that the confidential informant was working with the Federal Bureau of

Investigation.

(In violation of Title 18, United States Code, Section 1512)

22
Case 4:17-cr-00111-MSD-LRL Document 89 Filed 03/14/18 Page 23 of 27 PageID# 1343

COUNT TWENTY ONE

THE GRAND JURY FURTHER CHARGES THAT:

On or about or between September and October, 2017, in James City County, Virginia, in

the Eastem District of Virginia and elsewhere, the defendant, JORDAN DAVIS, unlawfully and

knowingly possessed a suuu'-aulumalic assault weapuii,' in furtherance of a drug trafficking crime

for which he may be prosecuted in a court of the United States, to wit: possession with intent to

distribute.marijuana, a Schedule I controlled substance.

(hi violation of Title 18, United States Code, Section 924(c)(1)(A)).

23
Case 4:17-cr-00111-MSD-LRL Document 89 Filed 03/14/18 Page 24 of 27 PageID# 1344

FORFEITURE ALLEGATION

THE GRAND JURY FURTHER ALLEGES AND FINDS PROBABLE CAUSE THAT:

1. The defendants, if convicted of any of the violations alleged in this Superseding

Indictment, shall forfeit to the United States, as part of the sentencing pursuant to Federal

Rule of Criminal Procedure 32.2, any firearm or ammunition used in or involved in the

violation.

2. The defendants, if convicted of any of the violations alleged in counts 1-2, 4-9, 12-14, 16,

and 18 of this Superseding Indictment, shall forfeit to the United States, as part of the

sentencing pursuant to Federal Rule of Criminal Procedure 32.2;

a. Any property constituting, or derived from, any proceeds obtained, directly or

indirectly, as the result of the violation; and

b. Any property used, or intended to be used, in any manner or part, to commit, or to

facilitate the commission of, the violation.

3. The defendants, if convicted of the violation alleged in count 3 of this Superseding

Indictment, shall forfeit to the United States, as part of the sentencing pursuant to Federal

Rule of Criminal Procedure 32.2, any property, real or personal, involved in the offense,

or any property traceable to that property.

4. If any property that is subject to forfeiture above, as a result of any act or omission of the

defendant, (a) cannot be located upon the exercise of due diligence, (b) has been

transferred to, sold to, or deposited with a third party, (c) has been placed beyond the

jurisdiction of the Court, (d) has been substantially diminished in value, or (e) has been

commingled with other property that cannot be divided without difficulty, it is the

intention of the United States to seek forfeiture of any other property of the defendant, as

subject to forfeiture under Title 21, United States Code, Section 853(p).

5. The assets subject to forfeiture include, but are not limited to, the following,

24
Case 4:17-cr-00111-MSD-LRL Document 89 Filed 03/14/18 Page 25 of 27 PageID# 1345

a. Real property and improvements located at 107 Seminary Ridge, Hampton,

Virginia;

b. Real property and improvements located at 975 Drivers Lane, Newport News,

Virginia;

c. Real property and improvements located at 1705 Sawgrass Lane, Portsmouth,

Virginia;

d. Real property and improvements located at 15150 Batiste Court, Carrollton,

Virginia;

e. 2014 Nissan Altima with VIN # 1N4AL3AP5EC143322 and Virginia registration

WNG1878.

f. 2013 Ford F-150 with VIN # 1FTFW1ET7DFC03519 and Virginia registration

KCX6645.

g. 2004 BMW Coupe with VIN # WBAEK73444B320064 and Virginia registration

VVS6130.

h. 2004 Porsche Coupe with VIN # WP0CB29894S660124 and Virginia registration

VUF4105.

i. Kubota Diesel Tractor MDL BX25DLB-R-1 and 54" side discharge mower

attachment model RCK54-23BX.

j. Funds contained in Old Point National Bank account # 434725006 seized on

October 25, 2017.

k. Funds contained in SunTrust Bank account # 0000804142602 seized on October 25,

2017.

1. Funds contained in Bank of America account # 435040597326 seized on October

25,2017.

m. Funds contained in Wells Fargo account # 3150808438 seized on October 25,

25
Case 4:17-cr-00111-MSD-LRL Document 89 Filed 03/14/18 Page 26 of 27 PageID# 1346

2017.

n. Approximately $83,000 in U.S. currency seized from 15150 Batiste Court,

Carrollton, Virginia, on October 25, 2017;

o. Firearms and ammunition seized from 15150 Batiste Court, Carrollton, Virginia,

on October 25, 2017;

p. Jewelry seized from 15150 Batiste Court, Carrollton, Virginia, on October 25,

2017;

q. $5,592 in U.S. currency seized from 634 Sea Turtle Way, Newport News,

Virginia, on October 25, 2017; and

r. Jewelry seized from 975 Drivers Lane, Newport News, Virginia, on October 25,

2017.

(In accordance with Title 18, United States Code, Sections 924(d) and 982(a)(1); Title 21,
United States Code, Section 853; and Title 28, United States Code, Section 2461.)

26
Case 4:17-cr-00111-MSD-LRL Document 89 Filed 03/14/18 Page 27 of 27 PageID# 1347

Pursuant to ihoE-GovcmmcntA^t,
the under
originalsealofthis
in lhapage hosVton
Cicrk OfTiccniul

UNITED STATES V. ALEX JERMAINE BURNETT, ET AL. 4:17CR111

A TRUE BILL:
bedactedcopy

FOREPERSON

TRACY D. MCCORMICK
ACTING UNITED STATES ATTORNEY

By:
Ef;cM.Hurt ' y
Assistant United States Attorney
Virginia State Bar No. 35765
Attorney for the United States
United States Attorney's Office
Fountain Plaza Tliree, Suite 300
721 Lakefront Commons
Newport News, Virginia 23606

27