United States v. Beachem
| Decision Date | 19 March 2021 |
| Docket Number | CAUSE NO. 1:17-cr-07 DRL-SLC |
| Parties | UNITED STATES OF AMERICA, Plaintiff, v. DEMETRI D BEACHEM et al., Defendants. |
| Court | U.S. District Court — Northern District of Indiana |
After members of the 2500 gang fired fifty shots into a rival gang's home, the government charged Demetri Beachem, William Beamon, Kyombe Bolden, and Ronnie Burrus with multiple crimes in an eighteen-count indictment.1 Each one pleaded guilty to two counts of attempted assault with a dangerous weapon in aid of racketeering, see 18 U.S.C. § 1959(a)(6), one count of assault with a dangerous weapon in aid of racketeering, see 18 U.S.C. § 1959(a)(3), and three counts of discharging a firearm during and in relation to a crime of violence, see 18 U.S.C. § 924(c). The defendants collectively objected to both the attempted murder guideline and obstruction of justice enhancement used in their presentence reports. The court held an evidentiary hearing and permitted briefing to facilitate the following rulings to aid the parties for their individual sentencing hearings.
"2500" is a Fort Wayne enterprise or gang engaged in drug and firearm trafficking (ECF 366 at 15).2 The group is closely associated with the "Grit Gang" in Bloomington, Indiana (ECF 366 at15). Given their close association, the court refers to "2500" collectively for 2500 and Grit Gang (see ECF 366 at 15-16).
Each defendant was a member of 2500. The group had a history of violent incidents or shootings against rival gangs, including the Fort Wayne gang "Mafia" (ECF 366 at 16; ECF 356-1 at 6-7). One member (Devonte Houston), for instance, called this conflict with Mafia a "war." Fellow members loyally protected each other because the failure to protect others might show weakness or result in an individual's dismissal from the group (ECF 360 at 105, 117).
As part of its identity and influence, 2500 members uploaded music videos on the Internet via YouTube that taunted rival Mafia members and glamorized 2500's lifestyle (ECF 366 at 17; ECF 360 at 111, 124, 138). The 2500 group used the name "Stack Money" for its music (ECF 356-1 at 9). All the defendants participated in these music videos (ECF 366 at 17), with Messrs. Beamon, Bolden, and Burrus being most involved (ECF 360 at 165).
In these videos, 2500 members glamorized the violent attack on "ops," or opposition gang members (ECF 366 at 17; ECF 360 at 21; ECF 356-1 at 6). In the video entitled "Zan with the Lean," for instance, Messrs. Beamon, Bolden, and Burrus recited lyrics directing that opposition members be killed with gunfire as revenge for the murder of Demarcus "Scooby" Adams, 2500's former leader who died during an altercation with Mafia members (ECF 366 at 17-18, 22; ECF 360 at 48, 139). Mr. Beachem was also in that video, though he isn't seen reciting the lyrics (ECF 366 at 18). The participants in the videos, including Mr. Beachem, at times mimicked trigger fire with their hands (ECF 360 at 116, 127); and many videos featured actual firearms, including those brandished by Messrs. Beamon and Burrus (ECF 360 at 117, 119, 133-34). Group members wore attire with references to 2500 or Scooby (ECF 360 at 134; ECF 356-1 at 9). Some had tattoos signifying their group membership (ECF 360 at 120).
The 2500 gang elevated shooters and moneymakers to leadership positions, with the mostviolent receiving the greatest amount of respect (ECF 366 at 31; ECF 360 at 106). For instance, Mr. Beamon had a history of violence with rival Mafia members. Mr. Beamon admitted during a recorded conversation that he shot a Mafia member and his girlfriend in 2012, in which he "saw them fall," with Mr. Adams present (ECF 366 at 18-19). Mr. Beamon scoffed at his rival's weakness when he failed to respond with violence, and he said he wanted to finish the job by killing his rival's wounded girlfriend (ECF 366 at 19). Mr. Beamon later admitted he tried to shoot at another rival on a different occasion, but his gun jammed (ECF 366 at 19).
Violence between 2500 and Mafia stemmed from deaths in both their ranks. Mafia believed that Mr. Adams killed one of its own, and Mafia retaliated by killing him in 2014. The deaths sparked retaliatory violence between the groups, exacerbated by the posting of threatening videos (ECF 366 at 22; ECF 360 at 108, 110; see ECF 360 at 46). The shooting at issue today is an extension of these vendettas.
On October 4, 2014, the defendants and other 2500 members planned to celebrate their former leader's birthday posthumously with a party. All four defendants and other 2500 members were at the mall in the early evening, where they viewed insulting social media videos about Mr. Adams and 2500 posted by Mafia members on territory claimed by 2500—a certain neighborhood block in Fort Wayne (ECF 366 at 21-22; ECF 360 at 26; ECF 356-1 at 8-10). 2500 members viewed this as an act of disrespect (ECF 356-1 at 11; ECF 360 at 55).
The 2500 members were angered by the videos and departed from the mall in four separate vehicles, following their usual practice of keeping at least one person with a gun permit in each car (Ex. 2 at 3 (); ECF 366 at 22-23, 27; ECF 356-1 at 11-12).3 This enabledthe shooters or enforcers to engage in violence while the gun permit holders could still claim possession of the guns in the event of a traffic stop (ECF 366 at 23; ECF 360 at 27).
The defendants and the other 2500 members looked for the rivals in the video (ECF 366 at 23; ECF 360 at 153-544; ECF 356-1 at 26), though at least some members of the group (including Messrs. Bolden and Beamon) met at another house before heading to the Caroline and Suttenfield block (ECF 356-1 at 12-13). By then, it was dark outside (ECF 356-1 at 15). They attempted to locate these individuals at a residence near their territory; but not finding them, they then congregated at the Caroline and Suttenfield block (ECF 366 at 23). Two rival Mafia members, J.S. and F.B. (both of whom appeared in the social media videos), exited a house on Suttenfield (ECF 366 at 23). Mr. Beachem and these individuals exchanged comments as they tried to confirm their identity, and Mr. Beachem announced he was from "the Block" and opened fire (Ex. 2 at 3). All four defendants (and two others) opened fire on J.S. and F.B (ECF 366 at 12-13, 21, 23; ECF 360 at 98, 102, 150).
The defendants collectively fired approximately 50 rounds toward the rival gang members, with Mr. Beachem firing the first shot and each defendant firing multiple rounds (ECF 366 at 24, 27). Mr. Beamon later said some members of the group used .40 caliber weapons to be more lethal (ECF 360 at 56). Messrs. Beachem and Burrus had laser lights attached to their guns focused on the victims during the shooting (ECF 366 at 27, 30; ECF 360 at 101, 106-07). Their gunfire hit two houses and a vehicle (ECF 366 at 23). The victims had to take cover (ECF 360 at 100).
There were people in both homes at the time, and victim S.E., a 16-year-old, was hit in the finger (ECF 366 at 11-12, 23). There were juveniles in the neighboring residence, and one girl in particular barely escaped injury, with gunfire narrowly missing her head (ECF 366 at 23; ECF 360 at 103). Devonte Houston later said in recorded interview that the shooting was motivated by derogatorysocial media comments about Mr. Adams (ECF 360 at 99-100), and Sierra Brown5 acknowledged that members were angered by the video (ECF 356-1 at 11-12).
Immediately after the shooting, several 2500 members drove to a nearby liquor store to be seen on camera for an alibi (ECF 366 at 27; ECF 360 at 102). This group included Messrs. Beamon and Bolden (ECF 366 at 24; ECF 356-1 at 16-17), and they were wearing clothing identifying them as 2500 members. An "op" at the liquor store made derogatory comments about 2500, and Messrs. Beamon and Bolden and others (including Dyzel Bowen) proceeded to beat this person up (ECF 366 at 24; ECF 360 at 56, 102-03; ECF 356-1 at 17). Mr. Beamon pulled a gun out on the individual (ECF 360 at 103).
Law enforcement later stopped several vehicles with 2500 members and recovered firearms that were matched to multiple shell casings recovered at the shooting scene (ECF 366 at 24-25). They stopped a Mercury Milan, with driver Ms. Brown and passengers Messrs. Beamon and Bolden (ECF 366 at 25). They recovered Ms. Brown's loaded handgun (a Glock) from the glove box directly in front of Mr. Beamon, which was used in shooting, and on the floor, they found a high capacity magazine for the gun (ECF 366 at 25; ECF 356-1 at 21). Mr. Beamon had encouraged Ms. Brown—who had a gun permit6—to buy the gun a few weeks before the shooting, saying it would be good for her personal protection, and he also encouraged her to buy the 30-round extension (ECF 356-1 at 21-23). Law enforcement located Mr. Bolden's gun (a Ruger) in the map pocket behind the driver's seat, and Mr. Bolden later pleaded guilty in a separate case to possessing the gun (ECF 366 at 25). Ms. Brown was able to claim possession of her own gun, so Mr. Beamon was never charged with unlawful possession of a weapon (ECF 356-1 at 25-26).
Officers also stopped Mr. Beachem's Pontiac Bonneville, with this vehicle occupied by Mr.Beachem and Shiquan Guy, Calvin Keys, and Dyzel Bowen (ECF 366 at 25). Mr. Beachem had his loaded handgun in the glovebox (ECF 366 at 25). In a subsequent controlled buy, a confidential source purchased another firearm used in the shooting from Mr. Beamon (ECF 366 at 25).
Mr. Burrus' car wasn't stopped in the immediate aftermath, though the occupants of that vehicle feared a stop and tossed guns out of the car (ECF 366 at 26). Mr. Burrus later confirmed that he was almost involved in another shooting with Mafia members at another liquor store later that same night (ECF 366 at 30). He said he would have shot at them had the Mafia...
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