United States v. Mangum
| Decision Date | 09 June 2020 |
| Docket Number | No. 5:16-CR-12-D-6,5:16-CR-12-D-6 |
| Citation | 539 F.Supp.3d 515 |
| Parties | UNITED STATES of America v. Brandon Jowan MANGUM, Defendant. |
| Court | U.S. District Court — Eastern District of North Carolina |
Asia J. Prince, Dena J. King, Tamika Griffin Moses, AUSA James J. Kurosad, John David Koesters, Scott A. Lemmon, Tobin W Lathan, United States Attorney's Office, Raleigh, NC, Christina L Taylor, Marty A. Woelfle, United States Department of Justice, Washington, DC, for Plaintiff.
JAMES C. DEVER III, United States District Judge On October 24, 2019, a jury convicted Brandon Jowan Mangum a/k/a "B-Easy" of (1) conspiracy to participate in a pattern of racketeering (count one); (2) murder in aid of racketeering and aiding and abetting the murder of Rodriguez Burrell (count two); (3) murder with a firearm during and in relation to a crime of violence and aiding and abetting the murder of Rodriguez Burrell (count three); and (4) conspiracy to distribute and possess with the intent to distribute a quantity of cocaine and a quantity of marijuana (count six). See [D.E. 796].
On November 7, 2019, Mangum renewed his motion for judgment of acquittal, requested a conditional grant of a new trial, and moved for a new trial [D.E. 809]. On December 20, 2019, the United States responded in opposition [D.E. 821].
The court has reviewed the entire record. Mangum received a fair trial. The jury carefully considered the evidence, the parties’ arguments, and the court's jury instructions. In light of the tsunami of evidence and the governing law, this court has confidence in the jury's verdict. Thus, the court denies Mangum's renewed motion for judgment of acquittal and motion for a new trial.
Mangum was a high-ranking member of a Bloods set in Raleigh, North Carolina, that initially was referred to as Gangsta Killa Bloods ("GKB") and then Black Mob Gangstas ("BMG"). BMG then became affilitated with the Donald Gee Family ("DGF"), and GKB became a rival gang. The court refers to the Blood set as BMG/DGF.
Demetrice Regis Devine a/k/a "Respect" was the leader of BMG/DGF. BMG/DGF primarily operated on and around Haywood Street in Southeast Raleigh, North Carolina. Beginning in approximately 2008, BMG/DGF members regularly engaged in criminal acts to further BMG/DGF's goals. These acts included drug trafficking, Hobbs Act extortion, obstruction of justice, witness tampering, and murder. BMG/DGF members also conspired to commit such crimes, attempted to commit such crimes, and aided and abetted each other in committing such crimes.
BMG/DGF members had to pay dues to BMG/DGF, which BMG/DGF called Community Rent Box ("CRB"). BMG/DGF members often earned money to pay their CRB via criminal conduct such as drug dealing, prostitution, fraud, and extortion. The extortion included extorting payments from drug dealers who sold or attempted to sell drugs on BMG/DGF turf. One such drug dealer who refused to pay CRB to BMG/DGF was Rodriguez Burrell. On the evening of May 25, 2009, BMG/DGF members murdered Rodriguez Burrell on his father's porch at 500 Haywood Street. Essentially, the trial evidence showed that Brandon Mangum walked by the front porch at 500 Haywood Street, falsely inquired about buying some "smoke," but really was confirming that Rodriguez Burrell was on the porch. At that time, Rodriguez Burrell, Rodney Burrell (Rodriguez's father), and Stephon Smith were on the porch and were selling drugs, getting high, and watching a movie. About ten minutes later, the BMG/DGF shooter walked up and asked from the sidewalk whether they had any "smoke." Rodney Burrell responded "yes," and the shooter walked up on the porch. Rodney Burrell believed that the shooter was reaching into his pocket for money to pay for the marijuana. Instead, the shooter pulled out a gun, executed Rodriguez Burrell, and ran from the murder scene. Rodriguez Burrell was 18 years old.
The cast of characters identified at the trial seems like something out of a television show. Sadly, for the people of Southeast Raleigh, BMG/DGF's violent crime was anything but fictional. Before discussing Mangum's motion, the court briefly recounts some of the cast of characters.
Demetrice Devine a/k/a "Respect" was a career, violent criminal and the leader of BMG/DGF. On October 24, 2019, the jury convicted Devine of conspiracy to participate in a pattern of racketeering activity (count one), murder in aid of racketeering and aiding and abetting in connection with the murder of Adarius Fowler (count four), murder with a firearm during and in relation to a crime of violence and aiding and abetting the murder of Adarius Fowler (count five), conspiracy to distribute and possess with intent to distribute 280 grams or more of cocaine base (crack), 500 grams or more of cocaine, and a quantity of marijuana (count six), and conspiracy to commit witness tampering (count seven). See United States v. Devine, 5:16-CR-12-D-1, [D.E. 794] (E.D.N.C. Oct 24, 2019).
On November 21, 2008, Adarius Fowler was 16 years old and a member of GKB or G-Shine, a rival gang. On that date, Fowler was murdered outside a convenience store in Raleigh. Devine ordered the murder, and BMG/DGF's intended target was "Frankie Boo," the leader of GKB or G-Shine.
Dontaous Demond Devine a/k/a "Boochie," "Scooch," or "Scoochie" was Devine's cousin and second in command of BMG/DGF. Dontaous Demond Devine pleaded not guilty to the federal charges against him in this case. He committed suicide in jail while awaiting trial in this case.
Demetrius Deshawn Toney a/k/a "Meat" was a member of BMG/DGF and eventually obtained the rank of 5-star general after the Burrell murder. Toney participated in the conspiracy to murder Rodriguez Burrell and the murder of Rodriguez Burrell on May 25, 2009. Before trial, Toney pleaded guilty to conspiracy to participate in a pattern of racketeering and did not testify at trial.
Brandon Jowan Mangum a/k/a "B-Easy" was a member of BMG/DGF and participated in the conspiracy to murder Rodriguez Burrell and the murder of Rodriguez Burrell on May 25, 2009, in order to gain rank in BMG/DGF. Due to the murder, Mangum gained substantial rank in BMG/DGF. On October 24, 2019, the jury convicted Mangum of conspiracy to participate in a pattern of racketeering (count one), murder in aid of racketeering and aiding and abetting in connection with the murder of Rodriguez Burrell (count two), murder with a firearm during and in relation to a crime of violence and aiding and abetting the murder of Rodriguez Burrell (count three), and conspiracy to distribute and possess with the intent to distribute a quantity of cocaine and a quantity of marijuana (count six). See [D.E. 796].
Jamario Keon Jones a/k/a "Spect Junior" or "Skeeno" was a member of BMG/DGF and testified at trial. While a BMG/DGF member, Jones lived on Haywood Street. Before trial, Jones pleaded guilty to murder with a firearm during and in relation to a crime of violence and aiding and abetting the murder of Adarius Fowler. At trial, Jones explained the structure of BMG/DGF and how gang members gained "rank" within BMG/DGF. Jones also gave significant first-hand details of BMG/DGF's criminal activities on and around Haywood Street, the conspiracy to murder and the murder of Rodriguez Burrell, the murder of Adarius Fowler, and the attempted murder of Phillip Brimage a/k/a "Fear Five." See [D.E. 821] 27–28. Jones was one of the shooters in the Fowler murder and was the shooter in the Brimage attempted murder.
Timothy Collins a/k/a "Biggs" was a high-ranking member in BMG/DGF. Collins testified at trial about his role and the conduct of others within BMG/DGF, including the conspiracy to participate in a pattern of racketeering, the conspiracy to murder Rodriguez Burrell, and the murder of Rodriguez Burrell. See id. at 9–13.
Christopher Darnell Evans a/k/a "Racks" or "Snacks" was a high-ranking member in BMG/DGF. Before trial, Evans pleaded guilty to conspiracy to participate in a pattern of racketeering and conspiracy to distribute and possess with the intent to distribute controlled substances. At trial, Evans testified about his role and the conduct of others within BMG/DGF.
Cleveland McNair a/k/a "Blee" was a member of BMG/DGF. Before trial, McNair pleaded guilty to conspiracy to participate in a pattern of racketeering and conspiracy to distribute and possess with the intent to distribute controlled substances. At trial, McNair testified about his role and the conduct of others within BMG/DGF.
Carletta P. Alston a/k/a "Lady Soowoo" was the highest-ranking female in BMG/DGF. Before trial, Alston pleaded guilty to conspiracy to commit witness tampering. At trial, Alston testified about her role in BMG/DGF, including her numerous interactions with Demetrice Devine and Brandon Mangum concerning BMG/DGF. See id. at 20–21.
Brenda Joyce Brown a/k/a "Lady Banga" was a member of BMG/DGF. Before trial, Brown pleaded guilty to violent crime in aid of racketeering and aiding and abetting. At trial, Brown testified about her role and the conduct of others within BMG/DGF. See id. at 18.
Katherine Victoria Gast a/k/a "Kat Stacks" was a member of BMG/DGF. Before trial, Gast pleaded guilty to violent crime in aid of racketeering and aiding and abetting. At trial, Gast testified about her role and the conduct of others within BMG/DGF.
Shaiona Marie Smith a/k/a "Slyfox" was a member of BMG/DGF. Before trial, Smith pleaded guilty to two counts of violent crime in aid of racketeering and aiding and abetting. At trial, Smith testified about her role and the conduct of others within BMG/DGF.
Phillip Brimage a/k/a "Fear Five" was a member of GKB. Adarius Fowler was his best friend. On November 26, 2008, at Demetrice Devine's direction, Jamario Jones shot Phillip Brimage, and Brimage was hospitalized at WakeMed. Demitrice Devine asked Erica Perry a/k/a "Red," who was one of Devine's girlfriends, to kill Brimage in his hospital room to prevent Brimage from talking to the police about the Fowler murder.
Erica...
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