Federal prosecutors charged two men with conspiring to distribute fentanyl that went on to kill a New York City college student. One of the men is also accused of raping her while she was unconscious.
Starting in February, Moises Freire, 19, of the Bronx began conspiring to distribute drugs strong enough to make users addicted and that would last the entire night. Mr. Freire discussed his plans with, and ended up getting the fentanyl from, Brian Peralta Cabrera, 18, of Queens, the U.S. Attorney’s Office for the Southern District of New York said Thursday.
On March 18, Mr. Freire brought the drugs, which he claimed to be clean cocaine free of fentanyl, to a dorm room in Manhattan. He claimed the cocaine was pure despite telling others in messages that it was “fake” and “poison,” federal prosecutors alleged.
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The U.S. attorney’s office did not specify the school, but the Fashion Institute of Technology has confirmed that it was the school that the deceased and the second victim in the case, who survived, attended.
Mr. Freire then got both women in the dorm room to take the drugs, federal prosecutors said, after which both of them swiftly fell unconscious. Federal prosecutors allege that Mr. Freire then raped one of the women, named only as Victim-1 in the U.S. attorney’s office release.
Mr. Freire then waited approximately 45 minutes while sending pictures of the two women to others, before approaching campus security. He told security that the two women had drunk too much alcohol, which led them to pass out.
School security administered Narcan, which can reverse opioid overdoses, to both women, and arranged their transportation to the hospital. Toxicology tests taken afterward confirmed that neither woman had taken cocaine, but instead that both had consumed fentanyl, federal prosecutors said.
Victim-1 has been identified as Annabel Richter by her mother, Flavia Rocha.
“We miss her so much. We hope her story brings awareness about the deadly harms our kids are exposed to, and their vulnerabilities, especially when it comes to the safety of young women. We also hope it brings justice,” Ms. Rocha said in a statement Friday, according to the New York Times.
While Victim-2 ended up recovering and regaining consciousness, Ms. Richter died of acute fentanyl poisoning at the hospital.
Mr. Freire was subsequently arrested that night and has been held since, Fashion Institute of Technology President Jason Schupbach said in a statement Friday.
Mr. Freire and Mr. Peralta Cabrera are both charged with conspiracy to distribute a controlled substance resulting in death and serious bodily injury. If convicted on that charge, the minimum sentence is 20 years in prison and the maximum sentence is life in prison.
A third defendant, Harry Rosales Pino, pleaded guilty in September to conspiracy to distribute a controlled substance resulting in death and serious bodily injury. He is due to be sentenced in December, according to The Associated Press.
In addition, Mr. Freire is charged with distribution of a controlled substance resulting in death and serious bodily injury, which carries the same minimum and maximum sentences as the conspiracy charge, and distribution of a controlled substance with the intent to commit rape, which has a maximum sentence of 20 years in prison.
Mr. Freire and Mr. Peralta Cabrera pleaded not guilty to the initial set of charges, which did not include the rape charge, according to the AP.
Mr. Freire’s attorney Mitchell Schwartz said at a hearing in April that Richter and Mr. Freire were in a sexual relationship prior to her death and that she and her roommate asked Mr. Freire to supply them with cocaine, according to The New York Times.
In his statement online Friday, Mr. Schupbach said that neither suspect was part of the school community, that school policies on dorm visitation were followed and that from now on, public safety supervisors at the school will carry Narcan.
“What happened in March was devastating. … The updated charges reflect what a horrific tragedy this was, but also brings with it accountability and justice for those involved. … We will continue to keep you informed as appropriate, but it is important to reiterate that we all must ensure that we continue to protect the safety of the victims and their families’ privacy and the sanctity of the ongoing legal proceedings,” Mr. Schupbach said.
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