MANHATTAN — A three-count superseding indictment charging Moises Freire and Brian Peralta Cabrera was unsealed on October 15, 2026. The two men are charged with participating in a fentanyl distribution conspiracy that resulted in the fatal poisoning of one college student and the near-fatal poisoning of another.
Freire, 19, of the Bronx, New York, and Cabrera, 18, of Queens, New York, face charges related to the March 2026 incident at a college residence hall in Manhattan. The victims were students at New York’s Fashion Institute of Technology.
The indictment alleges that from at least February 2026 through March 2026, the defendants conspired to distribute fentanyl. It further alleges that Freire told Cabrera he wanted to distribute narcotics to the victims that would "last the entire night" and that if Cabrera could provide drugs strong enough, the victims would get addicted. Freire reportedly described this scenario as a "win win situation." Knowing Freire intended to distribute the drugs, Cabrera provided fentanyl to him.
On March 18, 2026, Freire brought the substance to the undergraduate residence hall where the victims lived. The indictment alleges that Freire falsely claimed the drug did not contain fentanyl and was "pure cocaine," even though he had previously described it as "fake" and "poison." After Freire encouraged the victims to ingest the substance, both women lost consciousness almost immediately. The indictment states that Freire did not ingest the drug that night.
Campus security administered emergency aid, including Narcan, to both victims, who were then transported to hospitals in Manhattan. Toxicology results confirmed that both women had ingested fentanyl and no cocaine. Victim-2 regained consciousness after life-saving treatment, but Victim-1 remained in critical condition and eventually died from complications of acute fentanyl intoxication.
Freire and Cabrera are each charged with one count of conspiracy to distribute a controlled substance resulting in death and serious bodily injury. Freire is also charged with distribution of a controlled substance resulting in death and serious bodily injury, as well as distribution of a controlled substance with the intent to commit rape. The conspiracy charge carries a mandatory minimum sentence of 20 years in prison and a maximum of life, while the distribution charge resulting in death carries the same penalties. The charge of distribution with the intent to commit rape carries a maximum sentence of 20 years in prison.
Assistant United States Attorney Ariana L. Bloom is in charge of the prosecution. "This case alleges not only the deadly distribution of fentanyl to two young women but also the sexual assault of a victim rendered defenseless by that poisoning," said U.S. Attorney Jamie McDonald.
"The allegations in this case are beyond disturbing and include a cruel deception and unimaginable assault," said DEA New York Task Force Division Special Agent in Charge Christopher Roberts. "Two young college students, with their entire futures ahead of them, were allegedly deceived into taking fentanyl disguised as cocaine, leaving one dead and the other fighting for her life." "Moises Freire and Brian Peralta Cabrera’s actions were truly unconscionable," said NYPD Commissioner Jessica S. Tisch.
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