Later, when undercover officer Ortiz arrived, Curtis arranged for Schmidt and Dwayne to join him. On the morning of August 10 Schmidt brought the silver-plated gun into apartment 2D.
38 caliber silver-plated handgun in an apartment next to apartment 2D at Bathgate Avenue. Dwayne Frederick and another person stored a duffle bag containing a. When released he continued conducting his narcotics operation.īetween August 3 and August 10 Jones, Curtis Frederick and Schmidt began to formulate a plan to rob agent Ortiz when he returned to make the half-kilo purchase. In his post-arrest statement, Jones admitted he was being supplied with up to one-half kilogram of cocaine per week. After the sale, police officers entered the apartment, arrested Jones, seized over an ounce of cocaine, a triple beam scale, and $15,000 in cash. While the undercover agent waited, defendant Jones, standing in the doorway of apartment 5D, handed one of the two men a tin foil packet later found to contain $40 worth of cocaine. On that occasion an undercover police officer approached two of Jones' workers at a stairway near the fourth floor landing at 1975 Bathgate Avenue and said he wanted to buy some cocaine. The initial contact that brought Jones' criminal activity to the attention of the police occurred during a undercover "buy and bust" narcotics operation by New York City police investigators. Because the facts on this appeal are somewhat complex we set them forth in some detail.ĭefendant William Jones was the leader of a cocaine ring that he ran out of apartments located in tenements at 1975 Bathgate Avenue and 2115 Washington Avenue in the South Bronx. Although leaving him with serious permanent injuries, miraculously these wounds did not cost the officer his life. Here, an undercover New York City police officer having finally gained access to the drug ring headquarters was held at gunpoint, ordered to lie down, and then shot twice in the back. This officer was one of a small band of those officers who at enormous personal risk go undercover to obtain the sort of evidence necessary to support a drug conviction in court. The facts call attention, in addition, to the bravery of one police officer, something that should not be forgotten. The legal issues they raise concern the sufficiency of the evidence, jury instructions, whether the Hobbs Act was violated, and the calculation of their sentences. These three defendants were found guilty of operating a cocaine distribution ring in the South Bronx, New York. William Jones, Dwayne Frederick and Alson Schmidt appeal from judgments of conviction entered April 27, April 29 and Jrespectively in the United States District Court for the Southern District of New York following jury trials held before Judge Louis L.
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