Moises Freire, 19, of the Bronx, faces charges of participating in a conspiracy to distribute fentanyl and of distributing a deadly drug with intent to commit rape. Brian Peralta Cabrera, 18, of Queens, was also charged in connection with the drug conspiracy. A third defendant, Harry Rosales Pino, pleaded guilty in September to plotting to distribute narcotics resulting in death and serious bodily injury, with sentencing tentatively scheduled for 15 December.
According to the US justice department, Freire brought fentanyl to the dorm room of two women at the Fashion Institute of Technology (FIT) on 18 March. Prosecutors say he told them the substance was pure cocaine and, despite having called it "straight poison", urged them to take it. Both women quickly lost consciousness. One, whom Freire is accused of raping while she was unconscious, went into a coma and died on 21 March. Her friend also overdosed and nearly died.
The initial charges against Freire, Peralta and Rosales did not include the rape allegation, and the three pleaded not guilty. At a federal court hearing in April, assistant US attorney Ariana Bloom said Freire admitted in writing that he raped the woman who later died, that he realised she was unconscious only afterwards, and that he then saw her friend on the floor. Prosecutors have alleged that Rosales sold the fentanyl to Peralta, who in turn dealt it to Freire.
The charging documents do not name either of the women or FIT, which is part of the State University of New York system. However, the April hearing transcript shows that Freire's lawyer, Mitchell Schwartz, mentioned FIT by name. Neither Freire nor Peralta had been arraigned on the superseding charges by Friday, and both remained in federal custody.