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Case: 1:13-cr-00774 Document #: 540 Filed: 06/15/16 Page 1 of 104 PageID #:4218

UNITED STATES DISTRICT COURT


NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
UNITED STATES OF AMERICA

)
) Case No. 13 CR 774
)
) Honorable Judge John J. Tharp
)

v.
GREGORY CHESTER, et al.,

GOVERNMENTS SANTIAGO PROFFER AND MOTION TO ADMIT EVIDENCE


PURSUANT TO FED. R. EVID. 801(D)(2)(E)
Respectfully submitted,
ZACHARY T. FARDON
United States Attorney
By:

Dated: June 15, 2016

s/ Patrick M. Otlewski
PATRICK M. OTLEWSKI
DEREK OWENS
TIMOTHY J. STORINO
Assistant U.S. Attorneys
219 South Dearborn, Room 500
Chicago, IL 60604
(312) 353-5300

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TABLE OF CONTENTS
Table of Authorities ....................................................................................................... 5
I. Introduction ................................................................................................................ 9
II. Overview of the Charged Racketeering Conspiracy .............................................. 10
A. The Hobos........................................................................................................... 10
B. The Hobos Criminal Activity ............................................................................ 12
III. Governing Law ...................................................................................................... 14
A. Existence of and Membership in the Conspiracy ............................................. 15
B. In Furtherance of the Conspiracy .................................................................. 19
C. Alternative Bases for Admissibility of Statements .......................................... 21
1. A Defendants Own Statements .............................................................. 22
2. Non-Hearsay Statements ........................................................................ 22
3. Statements Against Penal Interest ........................................................ 23
IV. The Evidence Demonstrating the Existence of the Charged Conspiracy and the
Defendants Participation in the Conspiracy ....................................................... 25
A. The Hobos as an Enterprise .............................................................................. 25
1. Tattoos .................................................................................................... 26
2. Lifestyle .................................................................................................. 29
3. Recorded In-Person Conversations Between CI-3 and William Ford ... 33
4. Prison/Jail Records and Communications .............................................. 40
5. Cooperator Testimony ............................................................................. 43

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a. Cooperating Individual #2 (CI-2) ................................................ 43


b. Cooperating Individual #3 (CI-1) ................................................ 44
c. Cooperating Individual #4 (CI-4)................................................. 46
d. Cooperating Defendant #1 (CD-1) ............................................... 47
B. Crimes During and in Furtherance of the Conspiracy ..................................... 49
1. Conspiracy to Distribute and Possess with Intent to Distribute
Narcotics................................................................................................... 55
2. On January 19, 2006, Paris Poe and Arnold Council Killed Wilbert
Moore ....................................................................................................... 57
3. On February 24, 2006, Paris Poe Kidnapped Individual JH ................. 60
4. On June 11, 2006, Paris Poe Robbed Victim 1 with Arnold Councils
Help .......................................................................................................... 61
5. On September 18, 2006, Paris Poe Killed an Innocent Bystander during
a Shootout to Protect Gregory Chester ................................................... 62
6. On November 24, 2006, Gabriel Bush Murdered a Narcotics Supplier
after a Drug Deal Went Bad ................................................................... 63
7. The Hobos Conflict with the New Town and Fifth Ward
Black Disciples........................................................................................ 66
a. On February 25, 2007, Derrick Vaughn Shot Victim 8............... 69
b. The June 5, 2007 Shooting of Victim 2 and Victim 3 .................. 71
c. The June 27, 2007 Shooting of Victim 4 ...................................... 72
d. The July 9, 2007 Shooting of Two Juveniles in a Black Disciple
Neighborhood ................................................................................ 73
e. The August 27, 2007 Shooting of an Associate of Antonio Bluitt
..................................................................................................... 73
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f. The September 2, 2007 Murder of Antonio Bluitt and Gregory


Neeley .......................................................................................... 73
8. On September 1, 2007, Gabriel Bush Murdered Terrance Anderson
with Arnold Councils Help ................................................................... 80
9. The Hobos Conflict with the Mickey Cobras ....................................... 82
10. The Hobos Conflict with the Row Row Gangster Disciples ................ 83
11. On June 26, 2008, Chester Had Approximately 99.6 Grams of Heroin
Secreted Inside a Gold Coast Apartment ............................................. 86
12. On July 25, 2008, Arnold Council Distributed Approximately
106 Grams of Heroin to CI-4 ................................................................ 87
13. On November 8, 2008, Arnold Council and Associates of the Hobos
Committed an Armed Robbery of a Clothing Store ............................ 88
14. On March 25, 2009, Paris Poe, Gary Chester and Two Hobo
Associates Committed a Home Invasion of Individuals They
Believed to Be Narcotics Traffickers ................................................... 90
15. In 2011, Gregory Chester and Individual LD Sold Heroin
to Keith Daniels .................................................................................... 91
a. The Distribution of 49 Grams of Heroin on June 1, 2011 ......... 93
b. The Distribution of 100 Grams of Heroin on June 9, 2011 ....... 93
c. The Distribution of 98 Grams of Heroin on
September 1, 2011...................................................................... 95
16. On April 14, 2013, Paris Poe Murdered Keith Daniels to Prevent
Daniels from Testifying Against Gregory Chester and in Retaliation
for Cooperating..................................................................................... 96
V. Coconspirator Statements ................................................................................... 102
V. Conclusion............................................................................................................. 104
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TABLE OF AUTHORITIES
Federal Cases
Beeson v. United States,
90 F.2d 720 (7th Cir. 1937) ..................................................................................... 21
Bourjaily v. United States,
483 U.S. 171 (1987) ........................................................................................... 15, 16
Crawford v. Washington,
541 U.S. 36 (2004) ................................................................................................... 14
Davis v. Washington,
547 U.S. 813 (2006) ................................................................................................. 14
Garlington v. O(Leary,
879 F.2d 277 (7th Cir. 1989) ................................................................................... 21
Salinas v. United States,
522 U.S. 52 (1997) ................................................................................................... 17
United States v. Alviar,
573 F.3d 526 (7th Cir. 2009) ................................................................... 9, 15, 19, 20
United States v. Ashman,
979 F.2d 469 (7th Cir. 1992) ................................................................................... 21
United States v. Ayala,
601 F.3d 256 (4th Cir. 2010) ................................................................................... 19
United States v. Bolivar,
532 F.3d 599 (7th Cir. 2008) ............................................................................. 18, 19
United States v. Bustamante,
493 F.3d 879 (7th Cir. 2007) ................................................................................... 20
United States v. Coe,
718 F.2d 830 (7th Cir. 1983) ................................................................................... 17
United States v. Cox,
923 F.2d 519 (7th Cir. 1991) ................................................................................... 20
United States v. Cozzo,
2004 WL 1151630 (N.D. Ill. 2004) .......................................................................... 19
United States v. Cruz-Rea,
626 F.3d 929 (7th Cir. 2010) ....................................................................... 14, 19, 20
United States v. Curtis,
324 F.3d 501 (7th Cir. 2003) ................................................................................... 18
United States v. Feldman,
825 F.2d 124 (7th Cir. 1987) ................................................................................... 18
United States v. Gajo,
290 F.3d 922 (7th Cir. 2002) ............................................................................. 20, 23
United States v. Gil,
604 F.2d 546 (7th Cir. 1979) ................................................................................... 17
5

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United States v. Godinez,


110 F.3d 448 (7th Cir. 1997) ................................................................................... 22
United States v. Guyton,
36 F.3d 655 (7th Cir. 1994) ..................................................................................... 17
United States v. Handlin,
366 F.3d 584 (7th Cir. 2004) ................................................................................... 18
United States v. Hargrove,
508 F.3d 445 (7th Cir. 2007) ................................................................................... 14
United States v. Harris,
585 F.3d 394 (7th Cir. 2009) ............................................................................... 9, 16
United States v. Haynes,
582 F.3d 686 (7th Cir. 2009) ................................................................................... 20
United States v. Herrera-Medina,
853 F.2d 564 (7th Cir. 1988) ............................................................................. 17, 23
United States v. Hoover,
246 F.3d 1054 (7th Cir. 2001) ................................................................................. 15
United States v. Irorere,
228 F.3d 816 (7th Cir. 2000) ................................................................................... 16
United States v. Johnson,
200 F.3d 529 (7th Cir. 2000) ............................................................................. 19, 20
United States v. Johnson,
592 F.3d 749 (7th Cir. 2010) ................................................................................... 16
United States v. Jones,
275 F.3d 648 (7th Cir. 2001) ................................................................................... 18
United States v. Kaden,
819 F.2d 813 (7th Cir. 1987) ................................................................................... 20
United States v. Lindemann,
85 F.3d 1232 (7th Cir. 1996) ................................................................................... 21
United States v. Longstreet,
567 F.3d 911 (7th Cir. 2009) ................................................................................... 18
United States v. Loscalzo,
18 F.3d 374 (7th Cir. 1994) ..................................................................................... 16
United States v. Mahkimetas,
991 F.2d 379 (7th Cir. 1993) ................................................................................... 19
United States v. Maholias,
985 F.2d 869 (7th Cir. 1993) ................................................................................... 22
United States v. Maloney,
71 F.3d 645 (7th Cir. 1995) ..................................................................................... 20
United States v. Martinez de Ortiz,
907 F.2d 629 (7th Cir. 1990) ................................................................................... 16

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United States v. Molinaro,


877 F.2d 1341 (7th Cir. 1989) ................................................................................. 20
United States v. Molt,
772 F.2d 366 (7th Cir. 1985) ................................................................................... 20
United States v. Monus,
128 F.3d 376 (6th Cir. 1997) ................................................................................... 20
United States v. Nicksion,
628 F.3d 368 (7th Cir. 2010) ................................................................................... 14
United States v. Noble,
754 F.2d 1324 (7th Cir. 1985) ................................................................................. 18
United States v. Petrozziello,
548 F.2d 20 (1st Cir. 1977)...................................................................................... 15
United States v. Potts,
840 F.2d 368 (7th Cir. 1987) ................................................................................... 22
United States v. Prieto,
549 F.3d 513 (7th Cir. 2008) ................................................................................... 21
United States v. Rea,
621 F.3d 595 (7th Cir. 2010) ................................................................................... 20
United States v. Rivera,
136 F. Appx 925 (7th Cir. 2005) ............................................................................. 21
United States v. Santiago,
582 F.2d 1128 (7th Cir. 1978) ............................................................................. 9, 15
United States v. Sophie,
900 F.2d 1064 (7th Cir. 1990) ..................................................................... 18, 20, 21
United States v. Thompson,
944 F.2d 1331 (7th Cir. 1991) ................................................................................. 15
United States v. Tuchow,
768 F.2d 855 (7th Cir. 1985) ....................................................................... 17, 22, 23
United States v. Van Daal Wyk,
840 F.2d 494 (7th Cir. 1988) ....................................................................... 17, 20, 23

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Federal Rules
Fed. R. Evid. 104(a) ....................................................................................................... 9
Fed. R. Evid. 801(a) ..................................................................................................... 27
Fed. R. Evid. 801(d)(2)(A) ............................................................................................ 27
Fed. R. Evid. 801(d)(2)(E) .................................................................................... passim
Fed. R. Evid. 804(b)(6) ........................................................................................... 88, 89

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The United States of America, by its attorney, Zachary T. Fardon, United


States Attorney for the Northern District of Illinois, submits the following proffer of
evidence as to the admission at trial of certain coconspirator statements against
codefendants Gregory Chester, Arnold Council, Paris Poe, Gabriel Bush, Stanley
Vaughn, William Ford, and Derrick Vaughn, and moves for the admission of such
statements pursuant to FED. R. EVID. 104(a) and 801(d)(2)(E) and United States v.
Santiago, 582 F.2d 1128 (7th Cir. 1978).
I.

INTRODUCTION
In this submission, the government describes the law governing coconspirator

statements, outlines some of its evidence establishing the charged conspiracy, and
sets forth some of the coconspirator statements for which a pretrial ruling by the
Court is requested, in accordance with Santiago, 582 F.2d at 1130-31, and
established practice in this Circuit. See United States v. Alviar, 573 F.3d 526, 540
(7th Cir. 2009); United States v. Harris, 585 F.3d 394, 398, 400 (7th Cir. 2009).
This submission does not detail all of the governments evidence that would
go to show the existence of the racketeering conspiracy or all of the coconspirator
statements that were made in furtherance of the charged racketeering conspiracy.
Rather, this submission highlights for the Court certain of the governments
evidence sufficient to establish the existence of the racketeering conspiracy
described in Count One and the participation of the coconspirators. As a result, this
submission does not list all of the governments evidence and witnesses, nor does it
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provide all of the evidence that will be presented by identified witnesses. Finally, by
presenting statements attributed to particular witnesses, the government is not
committing to call each of the witnesses for each of the statements attributed.
II.

OVERVIEW OF THE CHARGED RACKETEERING CONSPIRACY


A.

The Hobos

The Hobos were a criminal enterprise of enterprise of robbers, drug dealers,


and murderers from the south and west sides of the City of Chicago, whose active
criminal activity began no later than 2004 and continued through 2013. The
members consisted of individuals with established rank within different factions of
established street gangs, including the Gangster Disciples and Black Disciples.
Unlike traditional organized street gangs in Chicago, such as the Black
Disciples or Gangster Disciples, who may have had a hierarchical structure and
maintained alliances with other gangs under the People and Folk Nations, the
Hobos were representative of a new breed of street gang comprised of members from
diverse gangs that were once rivals. The Hobos allied together in order to more
profitably distribute narcotics, accumulate wealth, and establish turf control on
the south and west sides of Chicago. The Hobos proved to be more ruthless and with
a greater tendency towards violence than other criminal enterprise in order to
obtain narcotics, money, and turf.
Many individuals considered the undisputed leader of the Hobos to be
Gregory Chester, aka Bowlegs, a Gangster Disciple from the Robert Taylor

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Homes. 1 Nonetheless, the Hobos had a relatively horizontal structure, which gave
the Hobos flexibility, permitting one member to cover for another at any given time.
The leader at any given moment would be the individual heading or arranging the
criminal activity.
Gregory Chester, Gabriel Bush, and William Ford were Gangster Disciples
from the Robert Taylor Homes housing projects, while Paris Poe was a Black
Disciple from the south side of Chicago. Stanley Vaughn, aka Smiley, and his
brothers, Derrick Vaughn, aka D-Block, and Individual IV hailed from the Dirty
Low faction of the Gangster Disciples, which controlled the neighborhood near 47th
Street and Vincennes Avenue. Through Arnold Council, a group of up-and-coming
shooters and freight-train burglars from 51st and Calumet known as the Met Boys
associated with the Hobos. This crew included twins Byron and Brandon Brown, 2 as
well as CD-1 and Keith Daniels, was from the neighborhood near 51st Street and
Calumet Avenue on the south side of Chicago. When these factions allied with the
Hobos, they worked together and interchangeably to engage in narcotics trafficking,
and to commit home invasions, robberies, shootings, and murders.
The Hobos considered themselves an exclusive and elite group. They called
themselves Hobo and referred to each other as Hobo during conversation. They
obtained tattoos identifying themselves as Hobos, used a unique hand sign, and, on

Gregory Chesters street reputation was established after he robbed two jewelry stores
as a teenager in the mid-1990s with Gabriel Bush

Brandon Brown, aka Twinsko, was fatally shot and killed in 2010.

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occasion, obtained and drove cars with the word Hobo stitched into the headrests.
In contrast to other criminal street enterprises, which often relied on low-quality
pistols and unreliable firearms purchased on the streets, the Hobos procured and
used high-powered guns, including FN-5.7 handguns, assault rifles and handguns
with 30-shot magazines, which the Hobos made accessible to the other members
and their associates. The older Hobos shared their wealth with each other, their
associates, and younger members, providing them access to narcotics, rental cars,
luxury items and vacations, including trips to Hawaii, Atlanta, and Florida.
B.

The Hobos Criminal Activity

The Hobos and their associates distributed and managed the distribution of
heroin, cocaine, crack cocaine, and marijuana in areas around the city where they
and their associates developed control, colloquially known as lines and spots.
The core members of the HobosGabriel Bush, Gregory Chester, and Paris Poe
built their base of operations in the Robert Taylor Homes, a public housing project
on the south side of Chicago. Arnold Council, while not from the Robert Taylor
Homes, frequented the area and helped manage the Hobos narcotics distribution
line at the Robert Taylor building located at 4429 South Federal Street. Around
the timeframe when the Robert Taylor Homes were being torn down, the Hobos
expanded their territory to the Ida B. Wells Extension Homes and other
neighborhoods on the south and west sides of the City of Chicago, including the area
around 47th and Vincennes, 51st and Calumet, and 51st Street and Martin Luther
King Drive. The Hobos helped each other with narcotics trafficking, helping
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resupply each other when necessary, offering protection for members and associates
where they distributed narcotics, and assisting with the collection of narcotics
proceeds.
The Hobos criminal activity was not limited to narcotics trafficking. They
also engaged in violent and armed robberies, home invasions, and burglaries. The
Hobos robbed other drug dealers of their narcotics and narcotics proceeds,
conducted home invasions of individuals believed to be narcotics traffickers, and
robbed other high-value targets. From the robberies, the Hobos kept, wore, and
sometimes sold the jewelry they stole, divvied up any firearms and cash proceeds,
and sold the narcotics. These robberies were designed to enrich the Hobos and
enhance their street reputation.
On other occasions, the Hobos helped each other during conflicts with rivals.
The Hobos called upon other members when necessary to protect drug trafficking
territory, to eliminate competition, and to retaliate against rivals by shooting to kill
and killing them and their associates, in part to increase gangs and neighborhoods
fear of the Hobos. The Hobos had disputes leading to shootings and killings with
multiple gang factions, including the Fifth Ward Black Disciples, the New Town
Black Disciples, the Gutterville Mickey Cobras, and the Row Row Gangster
Disciples. The Hobos violence against rivals increased their reputation and allowed
the Hobos to maintain their power on the streets, while decreasing the likelihood
that other gang factions would seek to retaliate.
When the Hobos learned that individuals were cooperating with law
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enforcement or had cooperated, the Hobos took steps to prevent these people from
cooperating by, among other things, resorting to murder. On January 19, 2006,
Hobos Arnold Council and Paris Poe shot and killed Wilbert Moore, who had been
cooperating with CPD and who provided information to CPD, which had led to
firearms and narcotics-related charges against Council in state court. A little over
seven years later, on April 14, 2013, Hobo Paris Poe shot and killed Keith Daniels
after Daniels cooperated with this federal investigation against Hobos Gregory
Chester and Individual LD.
III.

GOVERNING LAW
Federal Rule of Evidence 801(d)(2)(E) provides that a statement is not

hearsay if it is offered against a party and is a statement by a coconspirator of a


party during the course and in furtherance of the conspiracy. Admission of such
coconspirator statements against a defendant is proper where the government
establishes by a preponderance of the evidence that: (1) a conspiracy existed; (2) the
defendant and the declarant were members of the conspiracy; and (3) the
statements were made during the course and in furtherance of the conspiracy.
United States v. Cruz-Rea, 626 F.3d 929, 937 (7th Cir. 2010). 3

No Sixth Amendment confrontation issues arise by the use of a non-testifying


coconspirator=s statements, offered for their truth against a defendant because they are not
testimonial. United States v. Nicksion, 628 F.3d 368, 374 (7th Cir. 2010) (citing Davis v.
Washington, 547 U.S. 813, 823-24 (2006) and Crawford v. Washington, 541 U.S. 36 (2004));
see also United States v. Hargrove, 508 F.3d 445, 448-49 (7th Cir. 2007) (coconspirator
statements are neither hearsay nor testimonial).
3

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A.

Existence of and Membership in the Conspiracy

In accord with United States v. Santiago, 582 F.2d 1128 (7th Cir. 1978), this
Court must determine whether statements by the defendants coconspirator will be
admissible at trial under Federal Rule of Evidence 801(d)(2)(E). In making this
determination, this Court must decide if it is more likely than not that the
declarant and the defendant were members of a conspiracy when the hearsay
statement was made, and that the statement was in furtherance of the
conspiracy . Id. at 1143 (quoting United States v. Petrozziello, 548 F.2d 20, 23
(1st Cir. 1977)); see also United States v. Hoover, 246 F.3d 1054, 1060 (7th Cir.
2001). If this Court determines the statements are admissible, the jury may
consider them for any purpose. United States v. Thompson, 944 F.2d 1331, 1345
(7th Cir. 1991).
Under Santiago, the government must make a preliminary offer of evidence
to show: (1) a conspiracy existed; (2) the defendants and declarant were members of
the conspiracy; and (3) the statements sought to be admitted were made during and
in furtherance of the conspiracy. Santiago, 582 F.2d at 1134-35; see also, e.g., United
States v. Alviar, 573 F.3d 526, 540 (7th Cir. 2009). According to Bourjaily v. United
States, 483 U.S. 171, 176-81 (1987), the court can consider the statements in
question (the statements to be admitted) to determine whether the three Santiago
criteria have been met.
Seventh Circuit cases construing Bourjaily have held that properly admitted
hearsay, including statements admitted under the coconspirator exception to the
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hearsay rule (Fed. R. Evid.801(d)(2)(E)), may be used to prove what another person
did or said that may demonstrate their membership in the conspiracy. United States
v. Loscalzo, 18 F.3d 374, 383 (7th Cir. 1994) ([W]hile only the defendants acts or
statements could be used to prove that defendants membership in a conspiracy,
evidence of that defendants acts or statements may be provided by the statements
of co-conspirators.); United States v. Martinez de Ortiz, 907 F.2d 629, 633 (7th Cir.
1990) (en banc).
While this Court may consider the proffered statements themselves as
evidence of both the existence of a conspiracy and the defendants participation in it,
United States v. Bourjaily, 483 U.S. 171, 178, 180 (1987); United States v. Harris,
585 F.3d 394, 398-99 (7th Cir. 2009), the contents of the proffered statements alone
are not sufficient to establish the existence of a conspiracy and a defendants
participation. There must also be some supporting evidence or facts corroborating
the existence of the conspiracy and a defendants participation. Harris, 585 F.3d at
398-99. The evidence showing the existence of a conspiracy and a defendants
membership in it may be either direct or circumstantial. See United States v.
Johnson, 592 F.3d 749, 754-55 (7th Cir. 2010); United States v. Irorere, 228 F.3d

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816, 823 (7th Cir. 2000). 4


There is no requirement, under Rule 801(d)(2)(E), that the government
establish all elements of a conspiracy, such as a meeting of the minds and an overt
act. United States v. Coe, 718 F.2d 830, 835 (7th Cir. 1983); United States v. Gil, 604
F.2d 546, 548-50 (7th Cir. 1979). The government need only establish the existence
of a joint venture for an illegal purpose (or for a legal purpose using illegal means)
and participation in the joint venture by the defendant and the maker of the
statement at issue (as well as that the statement was in furtherance of the venture).
[I]t makes no difference whether the declarant or any other partner in crime could
actually be tried, convicted and punished for the crime of conspiracy. Gil, 604 F.2d
at 549-550; see also Coe, 718 F.2d at 835.
While there is thus a distinction between conspiracy law and admissibility
under Rule 801(d)(2)(E), certain principles of general conspiracy law are relevant to
the Rule 801(d)(2)(E) inquiries. For instance, [a] conspiracy may exist even if a
conspirator does not agree to commit or facilitate each and every part of the
substantive offense. Salinas v. United States, 522 U.S. 52, 63 (1997); see also
The coconspirator statement rule does not apply when a statement is not being offered for
the truth of the matter asserted. Accordingly, statements by coconspirators may be
admitted against a defendant, without establishing the Bourjaily factual predicates set
forth above, when such statements are offered to show, for instance, the existence, the
illegality, or the nature or scope of the charged conspiracy. See United States v. Guyton, 36
F.3d 655, 658 (7th Cir. 1994) (statement that defendant out of cocaine not hearsay because
showed membership in conspiracy); United States v. Herrera-Medina, 853 F.2d 564, 565-66
(7th Cir. 1988) (addressing war stories about the drug trade); United States v. Van Daal
Wyk, 840 F.2d 494, 497-98 (7th Cir. 1988) (statements had non-hearsay value to establish
knowledge of and membership in conspiracy); United States v. Tuchow, 768 F.2d 855, 86769 (7th Cir. 1985) (pre-conspiracy statements admissible to set scope of anticipated
conspiracy).
4

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United States v. Longstreet, 567 F.3d 911, 919 (7th Cir. 2009); United States v.
Jones, 275 F.3d 648, 652 (7th Cir. 2001). The government need not prove that a
defendant knew each and every detail of the conspiracy or played more than a
minor role in the conspiracy. United States v. Curtis, 324 F.3d 501, 506 (7th Cir.
2003). Further, a defendant joins a criminal conspiracy if he agrees with another
person to one or more of the common objectives of the conspiracy; it is immaterial
whether the defendant knows, has met, or has agreed with every coconspirator.
Longstreet, 567 F.3d at 919; Jones, 275 F.3d at 652.
A defendant (or other declarant) may be found to have participated in a
conspiracy even if he joined or terminated his relationship with other conspirators
at different times than another defendant or coconspirator. United States v. Noble,
754 F.2d 1324, 1329 (7th Cir. 1985); see also United States v. Handlin, 366 F.3d 584,
590 (7th Cir. 2004) (it is irrelevant when the defendant joined the conspiracy so
long as he joined it at some point). Under Rule 801(d)(2)(E), a coconspirators
statement is admissible against conspirators who join the conspiracy after the
statement is made. United States v. Sophie, 900 F.2d 1064, 1074 (7th Cir. 1990). A
coconspirator who has become inactive or less active in the conspiracy nevertheless
is liable for his coconspirators further statements unless he openly disavows the
conspiracy or reports it to the police. See United States v. Feldman, 825 F.2d 124,
129 (7th Cir. 1987).
The government is not required to prove the identity of the declarant; nor
must the declarants identity be confirmed in the statement itself. See United States
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v. Bolivar, 532 F.3d 599, 604-05 (7th Cir. 2008). Rather, the government need only
prove (from the statement, the context and/or other evidence) that the declarant
was in fact a coconspirator. Id.
B.

In Furtherance of the Conspiracy

In determining whether a statement was made in furtherance of the


conspiracy, courts evaluate the statement in the context in which it was made and
look for a reasonable basis upon which to conclude that the statement furthered the
conspiracy. See Cruz-Rea, 626 F.3d at 937; United States v. Johnson, 200 F.3d 529,
533 (7th Cir. 2000). Under the reasonable basis standard, a statement may be
susceptible to alternative interpretations and still be in furtherance of the
conspiracy. Cruz-Rea, 626 F.3d at 937-38. The coconspirators statement need not
have been made exclusively, or even primarily, to further the conspiracy in order to
be admissible under the coconspirator exception. Id. at 937 (quotations and citations
omitted). That statements were made to a government cooperating witness or
undercover agent does not bar admission of statements otherwise in furtherance
of the conspiracy. United States v. Mahkimetas, 991 F.2d 379, 383 (7th Cir. 1993);
see also United States v. Ayala, 601 F.3d 256, 268 (4th Cir. 2010).
Courts have found a wide range of statements to satisfy the in furtherance
requirement. United States v. Cozzo, 2004 WL 1151630 *2-3 (N.D. Ill. 2004)
(collecting cases). In general, a statement that is part of the information flow
between conspirators intended to help each perform his role satisfies the in
furtherance requirement. United States v. Alviar, 573 F.3d 526, 545 (7th Cir. 2009)
19

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(quotations and citations omitted). See also United States v. Gajo, 290 F.3d 922, 929
(7th Cir. 2002). These include statements made:

to conduct or help to conduct the business of the scheme, United States


v. Cox, 923 F.2d 519, 527 (7th Cir. 1991); see also United States v.
Johnson, 200 F.3d 529, 533 (7th Cir. 2000); 5

to recruit potential coconspirators, Cruz-Rea, 626 F.3d at 937-38;


United States v. Haynes, 582 F.3d 686, 705 (7th Cir. 2009), abrogated
on other grounds by United States v. Vizcarra, 668 F.3d 516 (7th Cir.
2012);

to identify other members of the conspiracy and their roles, Alviar, 573
F.3d at 545;

to plan or to review a coconspirators exploits, United States v. Molt,


772 F.2d 366, 369 (7th Cir. 1985);

as an assurance that a coconspirator can be trusted to perform his role,


United States v. Sophie, 900 F.2d 1064, 1073-74 (7th Cir. 1990); see
also United States v. Bustamante, 493 F.3d 879, 890-91 (7th Cir. 2007);

to inform and update others about the current status of the conspiracy
or a conspiracys progress (including failures), United States v. Rea,
621 F.3d 595, 605 (7th Cir. 2010); Alviar, 573 F.3d at 545;

to control damage to an ongoing conspiracy, United States v. Johnson,


200 F.3d 529, 533 (7th Cir. 2000); United States v. Molinaro, 877 F.2d
1341, 1343-44 (7th Cir. 1989); United States v. Van Daal Wyk, 840 F.2d
494, 499 (7th Cir. 1988);

to conceal a conspiracy where ongoing concealment is a purpose of the


conspiracy, Gajo, 290 F.3d at 928-29; United States v. Kaden, 819 F.2d
813, 820 (7th Cir. 1987); see also United States v. Maloney, 71 F.3d
645, 659-60 (7th Cir. 1995);

Statements that prompt the listener to act in a manner that facilitates the carrying out of
the conspiracy are also made in furtherance of the conspiracy. See United States v. Monus,
128 F.3d 376, 392 (6th Cir. 1997).
5

20

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to reassure or calm the listener regarding the progress or stability of


the scheme, Sophie, 900 F.2d at 1073; Garlington v. O=Leary, 879 F.2d
277, 284 (7th Cir. 1989);

to report conspirators status and in turn receive assurances of


assistance from coconspirators, United States v. Prieto, 549 F.3d 513
(7th Cir. 2008);

describing the purpose, method or criminality of the conspiracy,


United States v. Ashman, 979 F.2d 469, 489 (7th Cir. 1992);

statements to outsiders to serve as a salesmanship technique to


enhance his position in the eyes of [the outsider] and give confidence
about the ability of the organization, United States v. Stephenson, 53
F.3d 836, 845 (7th Cir. 1995); United States v. Curtis, 37 F.3d 301, 308
(7th Cir. 1994).

Finally, it has long been the rule that any statement made by a conspirator
during and in furtherance of a conspiracy is admissible against all coconspirators.
Beeson v. United States, 90 F.2d 720 (7th Cir. 1937); United States v. Lindemann,
85 F.3d 1232, 1238 (7th Cir. 1996); see also United States v. Rivera, 136 F. Appx
925, 926 (7th Cir. 2005) (Whether any other conspirator heard (or, in this instance,
saw) that statement is irrelevant; agency, not knowledge, is the theory of
admissibility.).
C.

Alternative Bases for Admissibility of Statements

Various statements made during the course of a conspiracy are independently


admissible and do not require a Rule 801(d)(2)(E) analysis. A defendants own
statements, for example, are admissible against him pursuant to Rule 801(d)(2)(A),
without reference to the coconspirator statement rule.

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1.

A Defendants Own Statements

A defendants own admissions are relevant to establish the factual predicates


for the admission of coconspirator statements against him. See United States v.
Godinez, 110 F.3d 448, 455 (7th Cir. 1997). Many statements described herein and
sought to be admitted against the defendant are independently admissible and do
not require a Rule 801(d)(2)(E) analysis. A defendants own admissions, for
example, are admissible against him pursuant to Fed. R. Evid. 801(d)(2)(A), without
reliance on the coconspirator-statement rule. 6 See United States v. Maholias, 985
F.2d 869, 877 (7th Cir. 1993). Additionally, a defendants own admissions are
relevant to establishing the factual predicates for the admission of coconspirator
statements against him. See United States v. Potts, 840 F.2d 368, 371-72 (7th Cir.
1987).
2.

Non-Hearsay Statements

The coconspirator statement rule is not implicated where the relevant verbal
declaration is not a statement within the meaning of Rule 801(a), that is, not an
assertion subject to verification. An example would be an order or a suggestion.
See United States v. Tuchow, 768 F.2d 855, 868 n.18 (7th Cir. 1985). This is because
a statement is defined as an oral or written assertion or nonverbal conduct of a
person, if it is intended by the person as an assertion. Fed. R. Evid. 801(a). Thus, a
statement which is incapable of verification, such as an order or a mere suggestion,
Rule 801(d)(2)(A) provides in pertinent part that a statement is not hearsay if [t]he
statement is offered against a party and is the partys own statement, in either an
individual or a representative capacity.

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is not hearsay and does not invoke a Rule 801(d)(2)(E) analysis. See Tuchow, 768
F.2d at 868.
Finally, the coconspirator statement rule does not apply when a statement is
not being offered for the truth of the matter asserted, and thus does not constitute
hearsay as defined by Rule 801(c). 7 Accordingly, statements by alleged
coconspirators may be admitted against a defendant, without establishing the
Bourjaily factual predicates set forth above, when such statements are offered
simply to show, for instance, the existence, the illegality, or the nature or scope of
the charged conspiracy. Gajo, 290 F.3d at 929-30; see also United States v. HerreraMedina, 853 F.2d 564, 565-66 (7th Cir. 1988); Van Daal Wyk, 840 F.2d at 497-98;
Tuchow, 768 F.2d at 867-69.
3.

Statements Against Penal Interest

Under Federal Rule of Evidence 804(b)(3), a hearsay statement is admissible


if (1) the declarant is unavailable; (2) the statement was against the declarants
penal interest at the time it was made; and (3) corroborating circumstances exist
indicating that the statement is trustworthy. See United States v. Lewis, 641 F.3d
773, 783 (7th Cir. 2011). When determining whether a statement is against penal
interest, each portion of a proffered out-of-court statement is examined to determine
whether it subjected the declarant to criminal liability. United States v.
Westmoreland, 240 F.3d 618, 626 (7th Cir. 2001). A statement may satisfy this
Federal Rule of Evidence 801(c) defines hearsay as a statement, other than one made by
the declarant while testifying at the trial or hearing, offered in evidence to prove the truth
of the matter asserted.
7

23

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requirement if it would be probative at trial against the declarant. United States v.


Nagib, 56 F.3d 798, 804 (7th Cir. 1995). Applying this standard, the Seventh Circuit
has held that a declarants inculpatory statements defendants made to friends and
acquaintances about crimes committed by the declarant and his associates are
admissible. See, e.g. United States v. Hamilton, 19 F.3d 350, 357 (7th Cir. 1994)
(holding

that

jailhouse

conversation

between

two

codefendants

which

incriminated a third codefendant but was also inculpatory of the first two codefendants was admissible against the third codefendant); United States v. Curry,
977 F.2d 1042, 1056 (7th Cir. 1992) (affirming the district courts decision to allow a
co-defendants inculpatory statement which also incriminated the defendant in
because it was not made in an attempt to curry favor with law enforcement, but was
made to an acquaintance).
Such statements against penal interest are admissible against non-declarant
defendants. See United States v. Volpendesto, 746 F.3d 273, 288 (7th Cir.) cert.
denied sub nom. Sarno v. United States, 135 S. Ct. 382 (2014) and cert. denied sub
nom. Polchan v. United States, 135 S. Ct. 383 (2014); United States v. Watson, 525
F.3d 583, 587-88 (7th Cir. 2008); United States v. Hamilton, 19 F.3d 350, 356 (7th
Cir. 1994). See also United States v. Smalls, 605 F.3d 765, 773-81 (10th Cir. 2010). 8

There is no Confrontation Clause problem since [a] statement unwittingly made to a


confidential informant and recorded by the government is not testimonial for
Confrontation Clause purposes. Watson, 525 F.3d at 589.
8

24

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IV.

THE EVIDENCE DEMONSTRATING THE EXISTENCE OF THE CHARGED


CONSPIRACY AND THE DEFENDANTS PARTICIPATION IN THE CONSPIRACY
At trial, the governments evidence will establish that Gregory Chester,

Arnold Council, Paris Poe, Gabriel Bush, Stanley Vaughn, William Ford and
Derrick Vaughn conspired with each other and with others, including CD-1, Byron
Brown, Brandon Brown, Gary Chester, CI-1, CI-2, CI-3, CI-4, Individuals JF, AC,
KD, KD2, LD, PD, KB, PS, WT, LB, IV, TC and WB, and UM2 to conduct and
participate in the affairs of the Hobos, an enterprise, through a pattern of
racketeering. As set forth below, the evidence that establishes the existence of this
racketeering conspiracy meets the preponderance of the evidence standard
applicable at this stage of the proceedings. Below, the government has summarized
some of the evidence that it will present at trial regarding the existence of the
charged conspiracy.
A.

The Hobos as an Enterprise

To establish that the Hobos were a criminal enterprise and conspiracy for
purposes of this submission, the governments evidence includes the following:
(a) defendants tattoos reflecting their allegiance to the Hobos; (b) defendants
statements during recorded in-person conversations with cooperating individuals as
well as testimony from cooperating individuals regarding their personal knowledge
of the Hobos, as well as their firsthand experience with the Hobos criminal activity;
(c) testimony by lay witnesses regarding their interactions with the Hobos;
(d) correctional institution records and documents, as well as monitored outgoing
25

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calls from those institutions, certain of which involved recorded calls between the
Hobos and their associates; (f) photographs of the Hobos and their associates;
(g) flight and travel records; and (h) telephone records demonstrating the frequency
of contacts between the defendants and their coconspirators.
1.

Tattoos

A number of the Hobos have tattoos signifying their membership in and


association with the Hobos, including Gregory Chester, William Ford, Paris Poe and
Arnold Council (who had a temporary tattoo in 2006).
Gregory Chesters tattoo is on his arm and says, The Earth Is Our Turf with
the word Hobo in the middle alongside a hand holding a smoking gun, another
hand holding a bag of money, and two high-rise buildings, consistent with the public
housing building where Chester was raised:

26

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Paris Poe has a tattoo on his arm with the misspelled rank of Cheif Hobo:

Also across Paris Poes back is a large tattoo that states, The Earth Is Our
Turf with Hobo in the middle, similar to Gregory Chesters:

27

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William Fords forearm tattoo says hobo 4Life:

When Arnold Council was arrested in 2006 for the robbery of Victim 1, the
police photographed his arm during the booking process. Councils arm had a
temporary tattoo with the block letters HB:

28

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2.

Lifestyle

With the proceeds of their criminal activity, the Hobos sought out ways to
live a lifestyle beyond their means. They took trips together, including trips to
Atlanta, Hawaii, south Florida, and Las Vegas.
For example, Gabriel Bush paid for five friends to fly to Hawaii; below is a
photograph from the trip, with Bush the third person from the right:

29

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On another occasion, a group of the Hobos, including Arnold Council, Gary


Chester, Gabriel Bush, and Individual KD traveled to south Florida together, with
Gary Chester displaying for the photograph the Hobos hand signal:

During a search of a storage locker associated with Arnold Council, law


enforcement found a t-shirt with a photograph depicting Arnold Council, Stanley
Vaughn, and Gabriel Bush with a fourth friend (now deceased from an asthma
attack), which witnesses will testify was taken by the Hobos during a trip together:

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On or about July 9, 2008, CPD searched an apartment in Midlothian, Illinois,


associated with Gabriel Bushs girlfriend. During the search, CPD observed the
same t-shirt seized from Councils storage locker. CPD also found a photograph of
the Hobos with, from left to right, Paris Poe wearing the black White Sox hat and
black t-shirt. Stanley Vaughn in a white t-shirt, Gabriel Bush wearing a black tshirt with a cross chain, and Arnold Council to the far right with the Marithe
Francoise Girbaud t-shirt, as well as Gregory Chester standing behind him:

31

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Also as part of their lifestyle, the Hobos purchased and rented high-end
vehicles for their own use and for use by their associates and girlfriends. Stanley
Vaughn, for instance, purchased a Jeep Cherokee SRT8, which he financed with
criminal proceeds; Arnold Council had a Dodge Magnum and a Nissan Maxima;
Gabriel Bush had a minivan, a Grand Prix, an Intrigue, a Buick Cutlass, a Dodge
Charger and a Range Rover; Gregory Chester had a white Dodge Charger, a
Cadillac Escalade and a Land Rover; and Paris Poe had an old school Chevy Impala
with the word Hobo stitched into the headrest. Stanley Vaughn and Gregory
Chester also used the proceeds of their criminal activity to purchase homes in
Chicago, Illinois.
The Hobos also visited casinos and gambled frequently. Gregory Chester
gambled so much at the Horseshoe Casino in Hammond, Indiana, that he became a
32

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member of their Seven Stars rewards program. 9


3.

Recorded In-Person Conversations Between CI-3 and


William Ford

While incarcerated in the Illinois Department of Corrections, beginning in


mid-December 2012 and continuing through the beginning of January 2013,
defendant William Ford was housed in a prison cell with a Hobo who unbeknownst
to Ford was cooperating with this investigation (identified here as CI-3). During
recorded in-person conversations with CI-3, Ford discussed crimes committed by the
Hobos, the origination of the Hobos and his older brothers involvement in the
formation of the Hobos with Gregory Chester and Gabriel Bush, as well as the other
members of the Hobos and their participation in criminal activity with the
enterprise.
For instance, on December 25, 2012, defendant William Ford discussed how
the Hobos originated with Fords older brother, Individual JF, Gregory Chester, and
Gabriel Bush, and how their original goal was to simply sleep and rob, sleep and
rob: 10

Seven Stars is the most elite players level at the Horseshoe Casino, reserved for a select
few who qualify. The rewards and special privileges for Seven Stars members include:
(a) Guaranteed complimentary room at any Total Rewards destination; (b) Once a year,
Seven Stars members can bring a guest along on a retreat, including airfare and
transportation to any Total Rewards destination; (c) next-in-line service; and (d) each year,
Seven Stars members receive a $500 Celebration Dinner at any Caesars-owned
restaurant of their choice.

All quotations are based upon preliminary transcriptions of those conversations. At


various points, included in brackets are interpretations of words and phrases used in the
recorded conversations, which the government will prove through cooperators testimony at
trial.
10

33

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Ford

So uh, Jodale [Individual JF] was like, shit. Ima uh, Jodale was like
Ima plug in wit 49th. My cousin and them, so Bowlegs [Gregory
Chester] took Jodale down there. He got on the count. First
motherfucker he met was Louie [Gabriel Bush].

CI-3

Right.

Ford

Him and Louie hit it off. Next thing you know, him and Louie was
robbin motherfuckin jewelry stores on erythang. 11
***

Ford

Bowlegs came home in 2002.

CI-3

Right.

Ford

From the jewelry store robbery. Louie came home in 2003.

CI-3

Right.

Ford

You know what Im sayin? So muhfucker like shit, What, what,


what, what, what the fuck? But, you know, Louie and them started
that shit. They was like, Man, sleep. After they kept robbin
muhfuckers, they like, Man, we Hobo. And Hobos, all they do is, is
sleep and rob. They was like, They just sleep and rob. So Boo
[Individual IV] and them was like, OK, thats what we gon do.
***

Ford

So, while I, now when we was at [unintelligible], I was lettin him [a


reference to Jodale] know what was goin on, like, Man you know
Legs, their crew take care of the nigga, but, you know, foo really, you
know, we really doin all the muhfuckin, fuck a nigga around type
shit. Foo reapin the benefit. I mean, dont get me wrong. He, he, he,
he, he makes sure we all decent as far as if we need guns and we get
bumped, we gon come grab a nigga. But, you know, to be honest,
shit, we [unintelligible] shit. Cause they say his name, then they be
like he got them niggas doin all task. You know? He, the only reason
muhfuckers doin it cause the nigga love him and the nigga do the
same for us. You know what Im sayin?

In 1996, defendants Gabriel Bush and Gregory Chester committed two armed robberies
of jewelry stores together while armed with a Tech-9 handgun, and a sawed-off 12-gauge
shotgun.

11

34

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The conversation continued on December 27, 2012, when defendant William


Ford discussed how, when he was first released from prison, Arnold Council and he
were ready to engage in violence with the Hobos, as well as the violence William
Ford was willing to engage in on behalf of the Hobos:
Ford

First day I came home. Im in the LaCrosse [Buick LaCrosse]. Im,


the blue one. Like, she, like, like, he just, I turned around, I just got
it.

CI-3

Right.

Ford

I see Louie [Gabriel Bush], nah I see Hobo [Arnold Council]. He flag
me down.

CI-3

Right.

Ford

I get on his bumper. I park my car in front of P crib [Individual PDs


residence], I get in the car wit him. First time I been in
[unintelligible]. I was like this yo shit? He like naw, I got a Magnum
[Dodge Magnum]. He like this Lou shit [Gabriel Bushs vehicle]. Like
man where that fool ass nigga at anyway? He like man we finna
meet him right now. Foo pull up in one of them rentals [rental
vehicle]. Jump out the car and shit. [Unintelligible] and I shake his
hand. Wassup, Ike? [unintelligible]. He like, Hey you look just like
Jodale ass [Fords relative], you, you know? Im like what up, kid? He
like shit. I, [unintelligible] wit em, Im like man what a nigga doin
out here man. Nigga tryin to eat ery which way a nigga can. Nigga
takin down niggas. Woo. You know what Im sayin? So you know Im
like, I dont, you know what Im sayin? Its just like
[unintelligible]told me, it wadnt nuttin I wont do for food. You know
what Im sayin? The nigga tell me knock Obama and them, aw man
Obama a dead motherfucker.
Also during that same conversation on December 27, 2012, defendant

William Ford discussed how Gregory Chester bought Ford a Grand Prix and gave
him several thousand dollars to buy clothing after Ford returned home from prison,
and also how Gabriel Bush, Ford, and Stanley Vaughn decided upon control of
narcotics trafficking territory on the south side of Chicago:
35

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Ford

So when Legs [Gregory Chester] came home, Ima keep it one


hundred, I aint gon lie to you. And so Smiley and them, they
knew, where [unintelligible] used to be. The, the lil, remember
before [unintelligible] it used to be a Arab store right there. Okay the
Arab store was right there. So look Smiley told me yall got this side,
we got this side. So boom. Real talk. So Bowleg come home. He come
home, he bought me a Grand Prix. Give me a couple thousand, take
me shoppin. So I tell Bowleg, Im like man. Bow, Bow Leg was like
man, watchu put in. Where you finna be hangin at? He like man
cause I hear its a lot of shit goin on wit that corner. I say man I aint
goin nowhere. I aint flippin [unintelligible]. Now I, I skipped a part.
I swear to god. I walked to the store, me and my sister.

CI-3

Right.

Ford

Bowlegs just bought me a car.

CI-3

Right.

Ford

I walk to the store. He like, Man, Joe Buck, whats happenin?


Real shit, this God is, God this truth, joe, the honest God
motherfuckin truth, fam. And this exactly what a motherfucker said.
And this exactly what a mother fucker said. Bitch in his
unintelligible], say, You lose around this motherfucker, fam? Im
like, What? Im like, For who? He like, For any nigga who wanna
hang. He like, Ima keep it real, Joe Buck. This, [unintelligible]
talkin to me like we cool as hell. He like, Man, look. Either you
Dirty Low or you gon be Filmore. Im like, Mika, I spin out, I grab
my shit and put, paid for I spend. I got on bullshit line on it.

CI-3

Right

Ford

Bowlegs just bought me a car.

CI-3

Right

Ford

Now Louie [Gabriel Bush] plottin on, this when Smiley had the
Lincoln. The four door black car. Smiley had the whip and he just, on
erything. Rim, he put them rims on there cause Louie and them hit
that lick [robbery/home invasion]. Thats why he got right. He, at
first it was just Plain Jane. Louie and them hit the lick, then he put
the rims on there and all that other shit. So Louie was like shit. I, I
liked the shit. They, I aint, 49th was locked. They aint got no
building.

CI-3

Right
36

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***
Ford

So Louie took 51st, opened the D [heroin] line up right there, put one
of the [unintelligible], and he would start hangin.

CI-3

Right

Ford

So then D-Block, I mean uh, Louie was like them niggas too close. I
dont want them BDs [the Fifth Ward Black Disciples] next to me
like that. And they move. We, we, naw but listen. Before that, that,
naw, no. Before that, Im, Im skippin a part. Real shit. Its me,
Showtime, its me, Showtime, KD, Bones, and [unintelligible] got all
the shorties. They throw a, they throw a session on, on the Dirty
Low. So I aint, I aint [unintelligible], so I aint come.

CI-3

Right.

Ford

So Louie, Smiley smash up. Flyin. (noise with mouth) into Louie.
Like man joe, why you aint along Champlain. Im like shit, I aint
Dirty Low. Im GD.

CI-3

Right.

Ford

Im, Im, Im GD Hobo, you know what Im sayin? Im tellin him


that. He like uh, man, man go on, go on, go on Champlain, man. So I
go on Champlain. So a nigga, nigga like, so, now this exactly what
happened. So they, [unintelligible] we all, behind them, behind them
49th [unintelligible].
During this same conversation, William Ford provided more detail regarding

the involvement of the Vaughn brothers (including Stanley Vaughn and Derrick
Vaughn) with the Hobos:
Ford

Cause see, D-Block [Derrick Vaughn], Boo [Individual IV] had that
tag, I mean uh.

CI-3

Smiley [Stanley Vaughn].

Ford

Smiley got that tag. So Boo, man Ima tell you, he used to tell me
like, man, D-Block a good nigga, Joe Buck. He like man, when yall
get out, they writin each other. He like man, when yall get out,
cause he, he used to be like I, I, I [unintelligible] get a letter from DBlock. He like man, send D-Block, Ill send D-Block a stride. Then DBlock send me a stride back like man, T, wassup. Like woo woo win.
So he used to be like, you know, after
Smiley
got
cracked
37

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[incarcerated], joe, you know, they used to be like man. We all, yall
need to be brothers now.
CI-3

Right.

Ford

You know what Im sayin? Cause yall out [unintelligible].


Muhfucker told
him like he [unintelligible] off in the car. And DBlock, muhfucker that move. Happy. You feel what Im sayin? So he
told Ikey [a nickname used by the Hobos], he like man yall, yall
need to be a team. So yall need to put yall heads together when you
hit the street. But Ill, but, but see, Im networkin on my own until
Louie [Gabriel Bush] get out. Muh, I dont be doin, real shit
Ike,
real talk. I only for to be fuckin wit Shorty and them. And, and Paco,
like, once Paco, if, if erything one-hundred wit Paco, Im
bringin Louie [Gabriel Bush] into it like look. This what I been doin.
Defendant William Ford explained that no one forced him to become involved

in the Hobos violence; instead, it was a team effort. He also explained how Stanley
Vaughn and his crew of Dirty Low Gangster Disciples became affiliated with the
Hobos:
Ford

Cause Ill be sayin, Im sayin it like this. Kid, aint no nigga make
me do nothin I aint wanna do. I did it cause Im part of the team,
you feel what Im sayin?

CI-3

Right.

Ford

This is a, this is a, this a team effort. You feel what Im sayin? So I


wouldnt be like, you know what Im sayin, doin that. Cause Im
sayin the, to say though like, the love I got. I aint gon
[unintelligible], Ima keep it one, all the way one-hundred wit
you.
Im used to [unintelligible] really before I know Louie, I, I do this
shit. This what I do. I do this shit. Before I even had help.

CI-3

Right.

Ford

You know, yall was in, yall help me. Thats, this, this, I aint, look.
Before Dirty Low had all went, like it wadnt no, this wadnt no team
effort or none of that. I, this how the, the hood was. Dirty Low was on
Champlain, we was on Vincennes, wadnt nobody hangin by the
barber shop. Like it was just like, Dirty Low come in there, we come
in there. Simple as that.
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William Ford continued, explaining how Arnold Council was responsible for
bringing members of the Met Boys into the Hobos, and how Council supplied them
with kush marijuana:
Ford

Hobo [Arnold Council] is. Hobo end up sellin them kush, kickin it
wit em. [unintelligible] go down here and kick it. Then after they got
to bein buddies, now they got the free [unintelligible], the free drugs.
Then when they take the hook, he got Louie [Gabriel Bush]. Boom.
So now this open up the door for them to be like oh, we, we Met but,
we Met Boys-HB thirty [unintelligible]. Aw we teamin up wit them.
You feel what Im sayin? So now, lemme tell you somethin that
happened. [unintelligible] shit. You call all they homies. Nigga they
gon come through.

CI-3

Exactly.
Also on December 27, 2012, William Ford discussed how the Hobos conducted

surveillance of Antonio Bluitt, aka Beans, the leader of the New Town Black
Disciples, before Bluitt was ultimately killed:
CI-3

Cause look. They, they had told us one day when Beans was out
there um, at Evergreen, naw he was at um, um.

Ford

Ford City.

CI-3

Ford City.

Ford

I was in the car. Watchu mean [unintelligible]?

CI-3

Yeah, yeah, yeah, yeah, yeah. Thats who told me that though.
Thats, thats, thats--.

Ford

They was at Old Country Buffet.

CI-3

Old Country Buffet. 12

Ford

Yeah, we went there. We went up there like three cars deep. We have
it out there, nigga. It was round like 1 oclock in the afternoon on my
momma. It was on a Sunday. Cause the parkin lot wadnt even that

The government will prove at trial that there was an Old Country Buffet restaurant
located at Ford City Mall (which is now closed).
12

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crowded. And they was like man, a muhfucker in a black Range.


4.

Prison/Jail Records and Communications

The government plans to introduce evidence that un-incarcerated Hobos


visited other members of the Hobos who were incarcerated in either state prison or
in custody at the Cook County Jail. For example, Cook County Sheriffs Office
records reflect that Gregory Chester visited Arnold Council on August 3, 2010, May
5, 2011, September 12, 2011. Likewise, Paris Poe, while housed in an IDOC facility,
received a visit from an individual named Desjuar Anderson on March 10, 2008.
The government expects to prove that Gregory Chester had the alias Desjuar
Andersonand that Chester went so far as to obtain an Indiana drivers license in
that name and used that identity when encountered by the police.
The governments evidence also will demonstrate that the Hobos enterprise
continued despite members incarceration, proving that the defendants maintained
their association with the Hobos while in custody, communicated with unincarcerated Hobos and associates about ongoing criminal activity, expected to
receive financial assistance from un-incarcerated members, and planned to rejoin
the Hobos criminal activity after leaving custody. For instance, between June and
December 2009, Gabriel Bush, while facing state charges for the murders of Steven
Bogovich and Terrance Anderson, frequently called Gregory Chester and provided

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updates to Chester about his case, his attorney (Charles Murphy), 13 and other
incarcerated Hobos (including CD-1, the Brown twins, Paris Poe, and Arnold
Council). Gregory Chester also provided updates to Gabriel Bush about the
enterprises activities, as well as Chesters efforts to help obtain bond for Bush and
to pay Bushs lawyer.
While housed in the Illinois Department of Corrections, William Ford sent his
girlfriend a letter telling her to call Bo[w]legs, and signed letters Mr. Joe Buck.
Ford also sent his girlfriend a letter asking her to call Lee-ski [an associate of the
Hobos] and tell him I need $150 send [sic] over night. Also, on July 8, 2012, Ford
wrote a letter to a female that discussed Pops [Gregory Chester] and the FBI,
stating, Look the F.B.I is on Pop [Gregory Chester] I talk to him about 3 week [sic]
ago he said he got me and house got my ass big. M got me too so yes the money is
coming in when I come home you feel me. In a letter dated June 1, 2013, Ford
identified himself as Joe Buck, stating, When Im in the streets Im Joe Buck.
When Im at home with you Im Jajuon.
William Ford was released from IDOC custody in early January 2013. On
January 5, 2013, Ford sent CI-3 a $50 money order (consistent with the Hobos
practice of supporting incarcerated Hobos), and wrote I got you on our family. On
January 17, 2013, Ford had a recorded prison call with CI-3. Ford discussed
The Hobos, including Gabriel Bush, Gary Chester, Gregory Chester, Arnold Council, and
Paris Poe often retained Charles Murphy to represent them in criminal matters. (Murphy
has since been removed from the practice of law after a conviction in the United States
District Court for the Northern District of Illinois, Case No. 07 CR 853, on charges of fraud
and a sentence of 72-month imprisonment.)
13

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meeting up with Gregory Chester about a robbery. Toll records will show contacts
between the telephone number Ford used and Paris Poes cellphone through
February 2, 2013, when Ford was arrested for unlawful possession of a firearm.
On March 21, 2012, a Bureau of Prisons Special Investigative Services
Technician conducted a search of Stanley Vaughns prison locker. During that
search, the technician found a handmade birthday card, the front of which said,
Happy Birthday Ho-Bo. A copy of the front follows:

Inside were birthday wishes phrased, Happy B-Day Big Bro, Hobo Killa, Happy
Birthright Stay suckfree and know real n***as do real shit Hobo crazy, and
happy b right hobo from killer. Also amongst Vaughns person effects was a
booklet from the funeral of Kristopher Daniels, one of Arnold Councils brothers.

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5.

Cooperator Testimony

The government anticipates that a number of cooperating individuals,


including CI-1, CI-2, CI-3, CI-4, and CD-1 will testify at trial regarding their
knowledge of the Hobos criminal activity and conspiracy.
a.

Cooperating Individual #2 (CI-2)

CI-2 14 knew the following people, among others, to be members of and


associated with the Hobos: Gregory Chester, Gary Chester, Paris Poe, Arnold
Council, Gabriel Bush, William Ford, Stanley Vaughn, his brothers (Individual IV
and Derrick Vaughn), Individual KD, Individual AC, and CI-3. CI-2 knew and
heard the Hobos to often use the phrase Hobo or Nothing when speaking, to refer
to each other as Hobo, and to use an unique hand sign (which CI-2 will
demonstrate at trial as a fist with the index and pinkie fingers extended). CI-2
knew, based on statements by the Hobos and CI-2s own observations, that the
Hobos were involved in the trafficking of cocaine, crack cocaine, heroin, and
marijuana, robberies, shootings, and murder.

CI-2 has prior convictions for narcotics and firearms-related offenses. In approximately
June 2008, CI-2 was arrested by CPD. CI-2 was convicted in that case and received a
sentence of probation. CI-2 provided information to CPD that led to a search warrant at a
storage locker. CI-2 has not been provided monetary compensation for cooperating;
however, CI-2 has received monetary assistance from the FBI to relocate to another location
after CI-2 received credible information indicating that the Hobos wanted to kill CI-2.

14

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b.

Cooperating Individual #3 (CI-3)

CI-3 15 was actively involved in the criminal activity with the Hobos from
approximately 2007 until CI-3s arrest in or about 2008. From firsthand experience
with the Hobos, CI-3 knew Gregory Chester, Gary Chester, Paris Poe, Gabriel Bush,
Stanley Vaughn, William Ford, CD-1, twin brothers Byron and Brandon Brown,
Arnold Council, as well as CI-2, Individuals KD, PD, WB, KB, and Keith Daniels to
be members of and associated with the Hobos.
CI-3 knew the Hobos unique hand sign, which involved extending the index
and pinkie fingers on ones hand with the other fingers closed in a first. 16 CI-3
considered the Hobos to be a real organization, which was flashy and obtained
money by doing robberies and by selling drugs. CI-3 understood Gregory Chester to
be the leader of the Hobos, and that Chester assigned robberies to the other Hobos.
CI-3 heard other Hobos refer to Chester as Pops. CI-3 understood other ranking
members of the Hobos to include Paris Poe, Stanley Vaughn, Gabriel Bush, and
Arnold Council.
CI-3 went to concerts and other places, including a trip to Hawaii that Bush
paid for, with the Hobos and others associated with the Hobos. CI-3 recalled that
CI-3 has been convicted of robbery and has two prior arrests. CI-3 has not received any
monetary assistance from the government. CI-3 is cooperating with the hopes of receiving a
reduced sentence in the robbery case and with the hopes that CI-3 will not be charged with
RICO conspiracy with the Hobos. No promises or guarantees have been made by the
government to CI-3 regarding CI-3s cooperation. CI-3 has been relocated for CI-3s safety.

15

Hobo Gary Chester is displaying this hand sign in the photograph discussed supra as are
other members of the Hobos in the photograph found July 9, 2008, in the residence of
Gabriel Bushs girlfriend.
16

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many of the Hobos, including Bush, Council, and the Brown twins were at New
Years Eve 2008 concert by Councils brother, who was a rapper. Bush let CI-3 wear
Bushs jewelry, drive his cars, and hang around the more senior Hobos. CI-3 knew
Bush to have multiple vehicles, including a Range Rover, a silver Charger, a Nissan
Maxima, and that Bush and other Hobos rented vehicles for their own use.
CI-3 spent a lot of time with Bush, whom CI-3 felt had taken CI-3 under his
wing, and Bush talked a lot to CI-3. Bush talked about robberies that he and other
Hobos had done. Bush said that the Hobos were robbers, and that they robbed drug
dealers. Bush said that the other guys lived from robbery to robbery (using the word
sting, which is a street term for the word robbery), but that Bush was different
because he was actually a drug dealer who also sold drugs in smaller quantities so
that Bush had a steady stream of income. When CI-3 was in Chicago in 2007 and
2008, CI-3 spent nearly every day with Bush, and was taken around with Bush
while he ran his heroin dealing operation. CI-3 identified CI-2 as running a line on
51st and Cottage Grove in Chicago, Illinois; William Ford and a Vaughn brother ran
lines on 47th and Vincennes and under the El tracks; and the Brown twins and
CD-1 sold heroin for Bush on 51st and Calumet.
From conversations with other Hobos and from personal observations, CI-3
knew the Hobos to have disputes with other gang factions. The Hobos had a dispute
with the Fifth Ward Black Disciples over drug territory near 47th Street and
Vincennes, which resulted in multiple shootings. The Hobos also had a conflict with
the New Town Black Disciples, whom the Hobos believed responsible for shooting
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Gregory Chester. Another dispute arose with the Mickey Cobras, during which
vehicles were lit on fire and shootings occurred.
c.

Cooperating Individual #4 (CI-4)

CI-4 and CI-4s associates obtained crack cocaine from the Hobos, who
operated a drug line in the Robert Taylor housing projects. 17 CI-4 recalled that the
line was managed by Arnold Council and Gregory Chester, but that Individual TC
managed the line until Chester was released from prison. CI-4 supplied the Hobos
and their associates with disposable cellphones (known as burner phones), which
CI-4 obtained by having drug addicts activate cellphone contracts with phone
companies in order to obtain the cellphones and service. CI-4 will testify that
Chester was one of CI-4s primary customers for burner cellphones.
CI-4 will testify that he knew the follow individuals to be Hobos and their
associates: Gregory Chester, Gabriel Bush, Arnold Council, Paris Poe, Stanley
Vaughn, William Ford, Derrick Vaughn, Gary Chester, twin brothers Byron and
Brandon Brown, CD-1, as well as Individuals PS, IV, PD, WT, AC, CI-2 and CI-3.
CI-4 understood the Hobos had a hand sign where the index and pinkie
fingers on one hand were extended to make an H and a B with the thumb. From
CI-4s interactions and conversations with the Hobos, CI-4 understood that the

CI-4 has four prior convictions related to firearm and narcotics offenses. In or about 2008,
CI-4 was paid approximately $6,000 for cooperating. LEOs have also provided CI-4
monetary assistance to relocate CI-4. CI-4 testified during the trial of Individual PS for the
Collections robbery and testified in substance that he was not a participant in the robbery.
However, during a proffer, CI-4 stated that CI-4 was the lookout on the Collections robbery
and that Council gave CI-4 one of the stolen jackets for being the lookout.

17

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Hobos were a group of drug dealers that got together to rob anyone who had money,
including other drug dealers. The Hobos were also very violent. If one Hobo got into
it with another gang, that Hobo could count on every other Hobo having his back.
The Hobos also had street power, the kind of power that could end someones life.
The Hobos felt that they could go anywhere in the city and no other gang would
bother them. When it came to robberies, the Hobos looked for people who had
money. Once the Hobos identified a target, they followed that person to watch who
that person met, where he went, and what times he went places. When CI-4 was in
custody with Poe, he called this doing homework. Arnold called it lamping.
d.

Cooperating Defendant #1 (CD-1)

CD-1 18 was an active member of the Hobos until his arrest in or about March
2009. CD-1 knew other members of the Hobos to include Gregory Chester, Arnold
Council, his brother Individual KD, Gabriel Bush, Paris Poe, Gary Chester, twin
brothers Byron and Brandon Brown, Stanley Vaughn, Derrick Vaughn, William
Ford, CI-2, CI-3, as well as Individuals LD, WB, WT, and LB.
CD-1 considered Gregory Chester to be the leader of the Hobos, with Council
and Bush also at the top of the Hobos. Each of the three had his own crew of Hobos
that he usually worked with. CD-1 believed Chester to be the overall leader of the
Hobos because he had the connections to the people who supplied drugs. Chesters
CD-1 is a convicted felon with multiple prior state convictions for firearms-related
offenses and crimes of violence, including murder. CD-1 provided the information detailed
pursuant to a proffer letter. CD-1 is cooperating with the hopes of receiving a reduced
sentence in the federal racketeering charges currently pending against CD-1 and with the
murder charge against CD-1 in state court.
18

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crew of Hobos included Paris Poe and Gary Chester. CD-1 heard Chester refer to
Poe as his son, and Poe referred to Chester as Pops. CD-1 considered Poe to be
Chesters protector. Councils crew included CD-1, the Brown twins, and other Met
Boys from the area of 51st Street and Calumet Avenue.
CD-1 will testify that he identified himself to others as a Hobo and he also
used the term Hobo when talking to other people he considered to be a Hobo.
According to CD-1, the Hobos flashed a hand sign to each other, which involved
extending the index and pinkie fingers on one hand to make an H. CD-1 will
testify, in substance, that he believed the Hobos were a team. If something
happened to another member, the other Hobos would support that member however
necessary, including through retaliation. CD-1 will also explain that the Hobos had
power and control on the south side of the City of Chicago. They felt that they could
put their drugs out for sale on any block in the city and nobody would give them
problems because the Hobos were feared and respected by virtually everyone on the
south side. The Hobos had a reputation that, if someone shot or had issue with a
Hobo, the members would come after that person and kill him.
Through the Hobos, CD-1 had access to a pool of shared guns. For instance,
after CD-1 was shot multiple times in November 2007, Arnold Council offered CD-1
access to Councils firearms, which included three to four .45 pistols, three to four
.40 pistols, a mini-14 rifle, and a 30-shot nine-millimeter pistol. On other occasions,
CD-1 swapped out guns with other Hobos, including on one occasion swapping a .40
caliber pistol for a Mini-14 rifle with Derrick Vaughn. CD-1 will also testify that the
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Hobos had access to a lot of money and drove nice cars. The older members of the
Hobos rented cars and let CD-1 and the younger members use them. CD-1 recalled
that at least one member of the Hobos, Arnold Council, had the word Hobo
stitched into the headrest of a Nissan Maxima.
From the other Hobos, CD-1 learned techniques to employ when committing
robberies and shootings. For instance, CD-1 learned to use multiple cars in
robberies or shootings so that there would be a car to block the police or to rotate off
the car the Hobos were following. From Gabriel Bush, CD-1 learned to use hand
sanitizer after a shooting to remove the gunshot residue and to get batting gloves
from Sports Authority for shooting so that gunshot residue would not be left on his
hands. CD-1 also learned from Gabriel Bush to look for places in cars where CD-1
could hide guns.
CD-1 engaged in narcotics trafficking with the Hobos, distributing narcotics
(including marijuana, heroin, and cocaine), collecting narcotics proceeds, and
providing armed security for the Hobos narcotics operations. CD-1 also engaged in
multiple shootings, and on occasion murdered people, on behalf of the Hobos and
with other Hobos, in order to preserve their territory, to enrich the Hobos, to
eliminate rival factions, and to retaliate against others who threatened the Hobos.
B.

Crimes During and in Furtherance of the Conspiracy

At trial, the government plans to introduce evidence that the Hobos were
responsible for a number of crimes of violence, ranging from kidnapping to murder,
as well as multiple instances of unlawful firearms possession, narcotics distribution
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and possession, including the following, as proof of the Hobos racketeering


conspiracy: 19
DATE

TYPE OF EVENT

DESCRIPTION

May 27, 2004

Narcotics

CPD seized approximately 1,269 grams of


cannabis, 1259 grams of cocaine, and 331 grams
of heroin, a 9MM pistol, a .45 caliber pistol, an
AR15-style assault rifle with two 50-round
magazines, and ammunition from a residence
where Arnold Council distributed crack cocaine.
Wilbert Moore provided the information to CPD
that led to this search and seizure.

Firearms

Feb. 17, 2005

Narcotics

Gabriel Bush possessed 37 baggies of crack


cocaine and $4,386 in narcotics proceeds, while
in the area of his residence on the south side of
Chicago.

Jan. 19, 2006

Murder

Arnold Council and Paris Poe murdered Wilbert


Moore after Moore cooperated with CPD against
Council.

Feb. 24, 2006

Kidnapping

Paris Poe kidnapped a male and held him


ransom until that males mother delivered to
him a machine-gun pistol in exchange for her
son.

Apr. 25, 2006

Shooting

Two Black Disciples were shot during the


Hobos dispute with the Fifth Ward Black
Disciples.

June 11, 2006

Armed Robbery

Paris Poe robbed Victim 1, an NBA basketball


player Bobby Simmons of a valuable chain at
gunpoint. Arnold Council was the getaway
driver. During a high-speed chase, Poe shot at
Victim 1 and Victim 1s vehicle multiple times.

Attempt Murder

Sep. 18, 2006

Murder

Paris Poe, in order to protect Gregory Chester,


exchanged gunfire with two individuals,
resulting in the death of an innocent bystander.

This chart is intended to be a summary of the expected evidence at trial regarding the
Hobos criminal enterprise. It is not intended to be a full description of each and every
crime perpetrated by the Hobos during and in furtherance of the conspiracy.
19

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DATE

TYPE OF EVENT

DESCRIPTION

Nov. 24, 2006

Murder

After the sale of a kilogram of cocaine was


interrupted by CPD, Gabriel Bush shot and
killed the narcotics supplier, Steven Bogovich,
who earlier received Bushs money for the
cocaine.

Feb. 10, 2007

Shooting

Arnold Council shot Black Disciple Antonio


Bluitt, aka Beans, in a drive-by shooting.

Feb. 27, 2007

Attempt Murder

Derrick Vaughn shot Victim 8, a Black Disciple,


in the head and neck outside a barbershop
during the Hobos dispute with the Fifth Ward
Black Disciples over territory.

June 5, 2007

Attempt Murder Arnold Council, William Ford, Gabriel Bush,


(x2)
and CI-3 committed a drive-by shooting of
Victim 2, a Black Disciple, and Victim 3,
Victim 2s brother, in retaliation after Gregory
Chester was shot multiple times and the Hobos
believed the Black Disciples to be responsible.

June 27, 2007

Attempt Murder

July 9, 2007

Attempt Murder Gabriel Bush and William Ford shot two


(x2)
juvenile Black Disciples at a park. One was hit
in the head, both survived. This shooting was in
retaliation for the shooting of Gregory Chester

Aug. 9, 2007

Shooting

CI-3 and Gabriel Bush confronted a Mickey


Cobra gang member. Bush handed CI-3 a gun;
CI-3 shot the Mickey Cobra in the stomach.

Aug. 27, 2007

Shooting

Arnold Council and Gabriel Bush shot an


associate of the Black Disciples outside that
persons house in retaliation for the shooting of
Gregory Chester.

Aug. 28, 2007

Attempt Murder

Gabriel Bush shot at two Mickey Cobras over


control of drug trafficking territory and in
retaliation for setting Bushs car on fire.

Derrick Vaughn, Stanley Vaughn, and Gabriel


Bush, with CI-3 present shot Victim 4, a Black
Disciple associate, outside a daycare in
retaliation for the shooting of Gregory Chester.

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DATE

TYPE OF EVENT

DESCRIPTION

Sep. 1, 2007

Murder

Gabriel Bush, with Arnold Councils assistance,


shot and killed Terrance Anderson. Previously,
Terrance Anderson shot and wounded Bush in
2005 during a dispute over narcotics trafficking
territory.

Sep. 2, 2007

Murder (x2)

Gabriel Bush, Arnold Council, Derrick Vaughn,


Stanley Vaughn, CD-1, Brandon Brown,
William Ford, and others committed a drive-by
shooting of Black Disciples Antonio Bluitt and
Gregory Neeley outside a funeral home. Both
victims died. Another individual with Bluitt and
Neeley was shot. The Hobos committed this
crime in retaliation for the shooting of Gregory
Chester.

Attempt Murder

Nov. 5, 2007

Attempt Murder

CD-1 shot Victim 5, a Mickey Cobra, multiple


times as part of the Hobos ongoing dispute with
the Mickey Cobras.

Dec. 4, 2007

Narcotics

Arnold Council and Byron Brown were driving


in Councils Dodge Magnum; Council had
approximately 28 grams of crack cocaine stored
in the center console.

Dec. 14, 2007

Murder

Byron Brown killed semi-pro basketball player


Eddie Moss in retaliation for the Row Row
Gangster Disciples shooting of CD-1 on
November 28, 2007.

Apr. 4, 2008

Narcotics

Arnold Council distributed approximately 13.3


grams of crack cocaine to CI-4, who,
unbeknownst to Council, was cooperating with
law enforcement.

Apr. 6, 2008

Shooting (x2)

Byron Brown shot two Row Row Gangster


Disciples after CD-1 was shot by the Row Row
Gangster Disciples earlier that day.

Apr. 10, 2008

Home Invasion

Byron Brown, CD-1, and others committed a


home invasion of drug dealers stash house,
armed with a sawed-off shotgun and handguns.

Armed Robbery

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DATE

TYPE OF EVENT

May 4, 2008

Attempt Murder CD-1 and his cousin shot two individuals


(x2)
associated with the Row Row Gangster
Disciples. CD-1 used a Kel-Tec semi-automatic
rifle with a 30-round magazine during the
shooting.

May 16, 2008

Narcotics

Derrick Vaughn and William Ford distributed a


quantity of crack cocaine.

June 19, 2008

Attempt Murder

Paris Poe shot a Black Disciple while driving on


the Dan Ryan Expressway. This same Black
Disciple was in the vehicle with Antonio Bluitt
and Gregory Neeley the day they were
murdered.

June 20, 2008

Firearms

CPD searched a storage locker used by Gabriel


Bush and CI-2, finding an FN-5.7 handgun, a
Grizzly 15 assault rifle, a Glock .45 caliber
pistol, ammunition and magazines. Ballistics
matched the firearms to the shootings of
Victim 2, Victim 3, Victim 4, and the shooting
on August 27, 2007.

June 26, 2008

Narcotics

CPD seized approximately 99.6 grams of heroin


from a Gold Coast apartment used by Paris Poe,
Gregory Chester, and associates of the Hobos.

June 30, 2008

Home Invasion

The Hobos committed a home invasion at the


house of CI-3s parents in an effort to retrieve
firearms after CI-3 cooperated with CPD.

July 3, 2008

Home Invasion

CD-1, Byron Brown and another individual


associated with the Hobos committed a home
invasion of a person they believed to be involved
in narcotics trafficking. While fleeing from
police, CD-1s vehicle crashed into an elderly
womans car, killing her.

Felony Murder

July 25, 2008

Narcotics

DESCRIPTION

Arnold Council distributed approximately 106


grams of heroin to CI-4, who, unbeknownst to
Council, was cooperating with law enforcement.

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DATE

TYPE OF EVENT

DESCRIPTION

Nov. 8, 2008

Armed Robbery

Arnold Council and three younger Hobo


associates robbed a clothing store at gunpoint.
Later that night, one of the three associates was
shot and killed by CPD in a shootout outside
Councils aunts residence.

Mar. 25, 2009

Home Invasion

Paris Poe, Gary Chester gained entry to a house


belonging to a suspected Hispanic narcotics
trafficker. No drugs were taken, but Poe and the
others tortured the victims with a clothing iron.

Armed Robbery
June 1, 2011

Narcotics

Gregory Chester distributed approximately 49


grams of heroin to Keith Daniels, who
unbeknownst to Chester was cooperating with
law enforcement.

June 9, 2011

Narcotics

Gregory Chester arranged for Hobo associate


Lance Dillard to distribute 100 grams of heroin
to Keith Daniels, who unbeknownst to Chester
was cooperating with law enforcement.

Sep. 1, 2011

Narcotics

Gregory Chester and Hobo associate Lance


Dillard distributed 98.7 grams of heroin to
Keith Daniels, who unbeknownst to Chester
was cooperating with law enforcement.

Feb. 2, 2013

Firearm

A short time after release from IDOC, William


Ford went to the residence of Keith Daniels and
displayed a firearm, telling Daniels that he
needed to go with Ford. The next day, CPD
seized a loaded 9MM pistol and cannabis from
Fords residence.

Narcotics

Apr. 14, 2013

Murder

Paris Poe shot and killed Keith Daniels, after


Daniels cooperated with FBI and CPD against
Gregory Chester.

Below, the government sets forth additional detail regarding the evidence
relating to certain of these crimes.

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1.

Conspiracy to Distribute and Possess with Intent to


Distribute Narcotics

Witnesses, including the cooperating individuals and cooperating defendant


discussed above, will testify that, beginning no later than 2003, members of the
Hobos, including Arnold Council and Gregory Chester, with assistance from others,
including Individual TC and AC, managed drug lines selling marijuana, cocaine,
crack cocaine, and heroin using trade names, which included Green Monster and
Pink Panther, in the vicinity of 4429 South Federal, Chicago, Illinois, a public
housing building at the Robert Taylor Housing Project.. Bush also managed a drug
operation at 4950 South Federal, called Cash Money, and later changed to XMen, as well as an operation in the Ida B. Wells and extensions. When the project
building began to be closed, the Hobos moved their distribution operations into
different neighborhoods.
Witnesses will testify that Hobos Brandon Brown, Byron Brown, and CD-1
obtained narcotics, which they then provided to their associates and subordinates to
distribute in the area of 51st Street and Calumet Avenue on the south side of
Chicago. In the area around 47th Street and Vincennes Avenue in Chicago, Illinois,
Gabriel Bush and Stanley Vaughn operating narcotics distribution lines, selling
marijuana, heroin, cocaine, and crack cocaine, which were operated by William
Ford, Derrick Vaughn, Individual IV, CI-3 and other individuals subordinate to
Stanley Vaughn, William Ford, Derrick Vaughn, and Gabriel Bush. Gabriel Bush
also managed a narcotics distribution line in the area around 51st Street and Martin
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Luther King Drive in Chicago, Illinois, which was operated by CI-2, CI-3, and others
working with CI-2, CI-3, and Bush and at their direction.
Witnesses, including the cooperating individuals and defendant identified
above, will testify that the Hobos were established narcotics traffickers who
distributed narcotics at and through multiple locations in the Chicago area, and
that the Hobos would supply and assist each other and their associates with their
narcotics trafficking activity. Specific instances regarding the Hobos narcotics
trafficking is addressed in the chart above, as well as below with respect to certain
of the distributions that occurred to individuals who, unbeknownst to the Hobos,
were cooperating with law enforcement at the time.
The government will also establish other instances when the Hobos, as part
of their narcotics trafficking, were in possession of narcotics. For example, on
December 4, 2007, Hobos Byron Brown and Arnold Council were sitting in Councils
black Dodge Magnum, parked in a no-parking zone near 61st Street and Langley in
Chicago, Illinois. When CPD approached Councils vehicle and asked for his license,
Council handed over an invalid drivers license. When the CPD officer noticed this,
he asked Council to exit the vehicle. Council refused. CPD called for backup.
Officers broke the window to Councils Dodge Magnum and pulled Council out of the
vehicle. During a patdown of Council, officers found a plastic baggie that contained
approximately 28 grams of crack cocaine.
In approximately 2006, Gary Chester and Paris Poe attempted to rob a
kilogram of a drug supplier after setting up a drug dealer (identified here as Drug
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Dealer A). Drug Dealer A will testify to being a cocaine trafficker operating out of a
car wash on the south side of Chicago. On one occasion, Drug Dealer A sold Gary
Chester and his associates a kilogram of cocaine for approximately $22,000, after
Paris Poe introduced Gary Chester to Drug Dealer A. A few weeks later, Poe and
Gary Chester put in an order for another kilogram of cocaine. During the
transaction, Poe and Chester inspected a kilogram of cocaine, said they didnt like
it, then returned it. Drug Dealer A then returned the kilogram of cocaine to his/her
drug supplier. As the drug supplier was driving off, car lights came on. Poe called
Drug Dealer A and said in substance, Mind your business, at which point Drug
Dealer A understood that Poe was going to rob the drug supplier. Drug Dealer A
drove away, and a short while later Gregory Chester, Paris Poe and Gary Chester
met Drug Dealer A, and discussed the attempted robbery with him.
2.

On or about January 19, 2006, Paris Poe and Arnold


Council Killed Wilbert Moore.

Wilbert Moore was a drug dealer in the Ida B. Wells Housing Project. In
approximately the spring of 2004, Moore cooperated with CPD, providing
information that led to a search at an apartment on East 33rd Avenue in Chicago,
Illinois, where Council distributed crack cocaine. During the search, CPD found and
seized approximately 1,269 grams of cannabis, 1259 grams of cocaine, and 331
grams of heroin, a 9MM pistol, a .45 caliber pistol, an AR15-style assault rifle with
two 50-round magazines, and ammunition from a residence. Council was charged
with narcotics and firearms-related offenses in the Circuit Court of Cook County,
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but, on August 26, 2005, the charges were dismissed. Information regarding Wilbert
Moores cooperation, namely, the complaint for search warrant, was provided in
discovery during Councils state case.
When CPD arrived at the scene of the murder on January 19, 2006, they
found Moore lying in a pool of blood near a van in a vacant lot by 4236 South
Langley. CPD found a set of car keys returning to a blue Nissan Maxima that was
parked in front of the barbershop on 43rd Street. CPD recovered nine .45 caliber
shells near Moore and, near a blue Nissan Maxima parked outside the barbershop
near 648 East 43rd Street, found a .45 caliber shell. The locations of the shell casings
are consistent with the shooting beginning outside the barbershop and continuing
down the street. The medical examiner who performed the autopsy on Moore to
testify that he died from gunshot wounds, namely, shots to the nose, chin, neck,
chest, left temple, right temple, abdomen, left rear shoulder, and hand.
CI-2 will testify that, on January 19, 2006, CI-2 was with Gabriel Bush in the
area of a barbershop on the south side of Chicago, where Moore happened to be
getting a haircut. When Bush saw Moore, he called Council. Council and Poe
arrived together in a car. When they arrived, Poe opened fire on Moore. Moore ran.
Council and Poe followed. They chased Moore down to a van parked in a vacant lot.
Poe shot Moore, and handed the gun to Council, who shot Moore. Poe and Council
fled. CI-2 and Bush drove away, and Bush took CI-2 home. A couple hours later,
Bush called CI-2 and told CI-2 what happened, specifically, Council had told Bush
that Council and Poe had killed Big Shorty (Moore).
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According to CD-1, before Moore was killed, but during the conspiracy,
Arnold Councils brother, Individual KD, 20 stated that the Hobos were trying to kill
Big Shorty (Moores nickname). Individual KD explained that Big Shorty put the
police on Council, meaning Moore cooperated with law enforcement against Council.
During the conspiracy, Council said Poe and he killed Moore after Moore got out of a
barbershop. Council explained that Poe started shooting at Moore outside the
barbershop, then shot at Moore when he was trying to crawl under a car. During a
van ride coming to federal court on one occasion, Poe said that they were not trying
to kidnap Moore, they were trying to kill him, and that Moore had his keys in his
hand when they killed him.
CI-1 will testify that, while incarcerated with Poe, Poe stated that Council
and he murdered Moore. Specifically, Poe stated that Council and he received
information that Moore was around 42nd Street, and that they were going to kidnap
him. When Moore fled on foot, they gave chase and they both shot Moore.
CI-4 will testify that, while in IDOC custody with Poe, another inmate
approached Poe and said that the police were trying to get Poe for Big Shortys
murder. Poe became very nervous. CI-4 also had conversations with Council, during
which Council stated that Big Shorty (Wilbert Moore) cooperated with the police
and helped the police get a search warrant on Councils residence.
During the conspiracy, Individual KD distributed approximately 16.8 grams of crack
cocaine on January 29, 2003, participated in an armed robbery of jewelers on October 22,
2004, and, on October 4, 2007, was found by CPD to be in possession of a 9MM pistol, a
bulletproof vest, and cannabis.
20

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3.

On or about February 24, 2006, Paris Poe Kidnapped


Individual JH.

On February 24, 2006, Paris Poe, while in the presence of CI-4, 21 kidnapped
Individual JH and held Individual JH against Individual JHs will until
Individual JHs mother brought Poe a firearm, namely, a Master Piece Arms 9MM
machine pistol.
CI-4 will testify that, on the day in question, CI-4 was driving with Arnold
Council when they pulled up behind Gregory Chester in his black Charger near
55th Street on the south side of Chicago, Illinois. Council went and sat with Chester
in his car. Poe walked out of a nearby building with what appeared to be a 14 or 15
year old boy. Poe also had what appeared to be a machine-style pistol. Poe had the
boy (Individual JH) sit in the back seat of CI-4s vehicle. Poe had CI-4 move over to
the passenger side and Poe got behind the wheel and started driving. While Poe and
CI-4 were driving, Poe was arguing with someone on the phone (Individual JHs
mother), saying that he wanted his shit back. They drove over to a gas station on
55th where Individual JHs mother handed Poe a gun wrapped in a towel in
exchange for the boy. While they were driving away, they saw the police by a KFC
in the area and Poe sped off. The police chased; Poe crashed into another car. Poe
took off running, but was arrested. CI-4 was also arrested on the scene.
Individual JHs mother will testify that her son (Individual JH) had been
kidnapped and that a gun was to be exchanged for the release of her son.
21

CI-4 was not cooperating with law enforcement at the time of this incident.

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Individual JHs mother retrieved the firearm and brought it to Paris Poe, with
whom she gave the firearm in exchange for her son. Individual JHs mother called
the police and the police responded to the scene.
The CPD officers involved will testify that they received information about
the incident and responded to the scene. When they attempted to stop CI-4s
vehicle, driven by Poe, it stopped. When CPD officers exited their vehicle, the
vehicle drove away at a high rate of speed, ran a red light, then crashed. Poe fled
and, after a brief foot chase, was arrested. During a vehicle search, CPD recovered a
Master Piece Arms 9MM machine pistol with a high-capacity magazine, and a
Glock .45 caliber pistol with a high-capacity magazine.
4.

On June 11, 2006, Paris Poe Robbed Victim 1 with Arnold


Councils Help.

On or about June 11, 2006, Victim 1, an NBA basketball player, was standing
outside a nightclub when Paris Poe approached, pointed a gun at Victim 1, and
demanded the necklace that Victim 1 was wearing. Victim 1 handed over the
necklace and Poe fled to a vehicle parked nearby. Victim 1, with several other
individuals, gave chase and pursued the vehicle, which was driven by Arnold
Council. During the chase, Poe fired his gun at Victim 1s vehicle, but then jumped
out the car and fled on foot. Council ultimately crashed his vehicle and he was held
at the scene by Victim 1 until the police arrived. Paris Poe, however, had the
necklace and it was never recovered.

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Victim 1 will testify that, initially, s/he would not identify Poe or Council to
the police because Victim 1 was afraid. Victim 1 had heard word on the streets that
both Poe and Council were extremely dangerous and Victim 1 was afraid for his/her
life. Victim 1 also stated that s/he received mysterious phone calls from unknown
individuals asking Victim 1 what was going to happen with the case. After Poe and
Council were placed in custody on other charges, Victim 1 agreed to cooperate and
then identified Poe and Council. According to Victim 1, the white gold necklace
stolen by Poe was worth more than $200,000.
At trial, the government will introduce testimony from witnesses and records
maintained by the Circuit Court of Cook County, Illinois, establishing that Paris
Poe and Arnold Council both on or about December 13, 2010, entered oral guilty
pleas to the charge of robbery against Victim 1. The government will also introduce
into evidence records maintained by the Circuit Court of Cook County, including a
personal injury complaint filed by Arnold Council against Victim 1 arising out of the
incident.
5.

On September 18, 2006, Paris Poe Killed an Innocent


Bystander during a Shootout to Protect Gregory Chester

On September 18, 2006, a shootout occurred at a car wash at 76th and


Vincennes on the south side of Chicago. A black Dodge Magnum pulled up to the car
wash while Gregory Chester and Paris Poe were waiting for their car to be washed.
The occupants of the Dodge Magnum opened fire on Gregory Chester, shooting him
multiple times. Paris Poe stepped in to protect Chester and fired back. During the
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crossfire, an innocent bystander was shot and killed. Gregory Chester was taken to
the hospital and treated for his wounds; just as Chester later did on June 3, 2007,
Chester used a fake identity (Desjuar Anderson) when he was treated at the
hospital. An eyewitness identified Paris Poe as the shooter. And recalled that Poe
was with a bowlegged male prior to the shooting. When Gregory Chester was
interviewed by CPD, he did not identify the other people involved in the shooting
and he did not identify Paris Poe. Instead, Chester merely stated that he was at the
car wash having his Charger cleaned when the shooting happened.
6.

On November 24, 2006, Gabriel Bush Murdered a


Narcotics Supplier after a Drug Deal Went Bad

At trial, the government plans to prove that Gabriel Bush murdered Steven
Bogovich the night of November 24, 2006, after Bogovichs associates took $17,000
after providing a fake kilogram of cocaine to Gabriel Bushs associates.
Individual A will testify at trial that Individual A and Individual RF planned
to purchase a kilogram of cocaine from Bogovich and Bogovichs associates, using
approximately $9,000 of cash provided by Gabriel Bush (Individual RF provided the
remainder of the money). Individual A knew Bogovich from working with him. After
Individual A and Individual RF obtained the money from Bush, Bush followed them
in his vehicle to the area of a residence on the south side of Chicago where
Individual A and Individual RF went inside to meet Bogovich and his associates.
Bush and Arnold Council waited outside in the area as surveillance. After giving
the cash to Bogovich and his associates, Individual A and Individual RF went to a
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separate location, the area of 3328 West 38th Street, Chicago, Illinois, to obtain the
cocaine.
When Individual A and Individual RF arrived there, they met two Hispanic
individuals associated with Bogovich who handed over a package containing what
appeared to be cocaine. 22 An argument ensued over the substance, and, at
approximately 9:26 p.m., CPD observed Individual A and Individual RF with the
two males engaged in what appeared to be a narcotics transaction. When CPD
moved to intervene, Individual A and Individual RF fled. CPD gave chase.
Individual A was apprehended hiding in a garbage can; when CPD looked at
Individual As cellphone, CPD observed that it had been in contact with a telephone
number with the user-provided nickname of GB. Individual RF made good on his
escape.
While CPD was conducting the search, CPD observed a van driving around
the area suspiciously. The van, whom CPD observed to be occupied by two black
males (in a predominantly Hispanic neighborhood) was circling the area
approximately one city block (less than a quarter mile) from where the drug deal
was interrupted. CPD stopped the vehicle; the occupants identified themselves as
Arnold Council and Gabriel Bush. Bush and Council were then allowed to leave the
area in the van. 23
22

It was not; subsequent testing later confirmed that the substance was a lookalike.

Stanley Vaughn was also in the area that night. He claimed that he had been driving
down to Springfield, Illinois, when he had car trouble and pulled off I-55 at the Kedzie exit
for assistance with his car before getting back on the road, and that he had been in contact
23

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Approximately one-half hour later, at 11:00 p.m., CPD responded to a


dispatch call regarding a possible homicide at 1813 West 34th Place, Chicago,
Illinois. When CPD arrived on the scene, CPD observed a large pool of blood on the
sidewalk on 34th Place and learned that the victim Steven Bogovich had been
shot in the neck and taken to the hospital. Detectives further learned that, prior to
being shot, Bogovich left a residence when two black males approached him and an
argument ensued. One black male demanded money, stating Wheres my money?
and Wheres the seventeen grand? Bogovich responded that he did not have the
money. The black male pulled out a handgun and fired one round at Bogovich,
striking him in the neck. Bogovich was later pronounced dead from the gunshot
wound.
A female associate of Bogovich was standing in the area when the argument
occurred and saw the shooting. The female identified Gabriel Bush in a photo array
and in an in-person lineup as the person who shot Bogovich.
Within days of Gabriel Bushs arrest, CI-2 learned from Bush what happened
after CI-2 noticed that Bush was wearing a watch CI-2 knew to belong to
Individual RF. Bush said he wasnt going to pay Individual RF for the watch
because Individual RF owed him money. Bush explained that he, Individual RF,
and Individual A put in money to buy drugs from a white guy. Bush said that the
with Gabriel Bushs cousin for assistance. Vaughn stated that he knew Gabriel Bush
through a friend, claiming that he had neither seen nor spoken to Bush since November 24,
2006. Telephone records, however, establish that Vaughn and Gabriel Bush were in contact
that night.

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white guy beat him out of the money, and that the white guy tried to get away, but
they followed him. Bush said he was walking to or from a house, and that Bush
walked up to him and blew his brains out. Bush informed CI-2 that Stanley Vaughn
and Arnold Council were with him that night.
7.

The Hobos Conflict with the New Town and Fifth Ward
Black Disciples

The testimony of cooperating individuals and the cooperating defendant, inperson recordings of William Ford and Derrick Vaughn, and the testimony of
individuals associated with the Black Disciples will establish that in 2007, the
Hobos were engaged in a conflict with the New Town and Fifth Ward factions of the
Black Disciples street gang. The conflict with the Fifth Ward Black Disciples
originated from a drug territory dispute near 47th Street and Vincennes on the
south side of Chicago. The conflict escalated on June 3, 2007, when Gregory Chester
was shot nineteen times leaving his girlfriends apartmentat the time, she lived in
territory controlled by the New Town Black Disciples. 24 The Hobos believed the
Black Disciples responsible and went looking to shoot anyone associated with the
Black Disciples:
1. On June 5, 2007, Gabriel Bush, William Ford, Arnold Council, and
another individual were in a rental car when they spotted Victim 2, a
member of the Black Disciples, and Victim 3, Victim 2s brother, in
another car. Bush, using a high-powered FN-5.7 pistol, and William Ford
On June 3, 2007, Chester was shot multiple times in the arm, leg, and buttocks while in
the area of the 3600 block of South Lake Park, Chicago, Illinois, which was a neighborhood
controlled by the New Town Black Disciples. When Chester was admitted to the hospital,
he gave the false name Gregory Greene. When interviewed by CPD, Chester gave the
false name Desjuar Anderson.
24

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shot at both Victim 2 and Victim 3, resulting in Victim 2s eye being shot
out and Victim 3 being shot in the head.
2. On June 27, 2007, Gabriel Bush, Stanley Vaughn, and Derrick Vaughn,
while with two of their associates shot Victim 4 multiple times, causing
permanent injuries.
3. On July 9, 2007, Gabriel Bush and William Ford shot at three juvenile
males who were walking in the Black Disciples neighborhood, leaving one
critically wounded with a gunshot wound to the head.
4. On September 2, 2007, a number of the Hobos, including Brandon Brown,
Gabriel Bush, Arnold Council, William Ford, CD-1, Derrick Vaughn, and
Stanley Vaughn participated in a drive-by shooting in broad daylight
outside a funeral home, shooting and killing Antonio Bluitt and Gregory
Neeley. 25
5. On June 19, 2008, Paris Poe, while in the presence of Individual LD, shot
at Individual CW and a fellow Black Disciple while driving on the Dan
Ryan Expressway.
During a series of recorded in-person conversations in 2013 with a person
who was then cooperating with the FBI, Derrick Vaughn detailed how the Hobos
war with the Black Disciples began with a standoff at a picnic in the summer of
2007. Below are highlights of the recordings:
Me, Boo [Individual IV], Smiley [Stanley Vaughn], them niggas respect the
shit outta nigga. So I pull up, bump heads with them and Smiley Arnold
[Arnold Council], um, who else it was? Me, Smiley, Gabe [Gabriel Bush], um,
Beebo, and a few more . . .
***
So I got my pole [handgun] in my car. Smiley like, um, nah I got a pole in the
car. I still take mine anyway, boom. Hop in the car, we go clean down here.
Right down here. Um, the lil block where we be turnin.
Witnesses will testify that Antonio Bluitt was the leader of the New Town Black
Disciples. He was attending the funeral of a female who had been electrocuted during a
storm.

25

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***
So I goes down here off the support of Smiley [Stanley Vaughn] and Gabe
[Gabriel Bush] and them. So, you know, Im goin now cause of my brother.
You know what I mean? And, um, you know thats how me and bruh been.
You know what I mean? Throughout the years since the nigga been allowing
a nigga to be around. You know what I mean? A nigga been up under him. So
you already know what that go.
***
Now I got my banger [handgun] on me bruh. Now, it was a lot of mother
fuckers, boy. This whole, that whole block, that long block right there.
***
So why Smiley and them out there spacin, bruh I swear to god. We got like
four, five bangers [four or five handguns] though. Matter fact, [CS-3] was
with us too. [CS-3] was with us too. On the real, [CS-3] was with us too. So
look, [CS-3]spacy, I dont know whats goin on. So look, I just, look look look
look look. But Im payin attention to everything, bro. Look. Why the nigga
Reeceebo [member of the rival Black Disciple street gang] talkin to this
nigga, right? Now the nigga, oh we fucked him up too. I hear his name, Im,
Im, I just gotta hear his name.
***
I tell Smiley, I say man, come here, joe. I say man, joe, this nigga Reece-ebo.
So Smiley and [CS-3] grabbed bangers, go over there. They went over
there wit banger [unintelligible] they was on the side though, you know what
I mean? [unintelligible] And I think the third time they left, they left and
went and got the pole. We took that bitch and everything and got em
[unintelligible] thirty [handgun with a 30-shot clip] and came back.
***
On my momma, [CS-3] got two bangers [two handguns]. I swear to god. That
lil motherfucker was like this. On my momma. They took the banger from
the nigga, um, Reeceebo. It was me, um, it was me, Smiley, um, [CS-3] had a
banger, um, I dont even know if Louie had a banger on him. I think Louie
had a banger. Or if not him, Arnold had a banger. Somebody aint have no
banger, you know what I mean? Muh fucker up. And then after that, A muh
fucker coulda put that bitch, finna put that nigga on the news.

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Derrick Vaughn then explained how, after the standoff, Gregory Chester, aka
Bowlegs, was shot eighteen times. Vaughn believed the Black Disciples were
responsible for the shooting of Chester because of the earlier standoff:
And like days later, the nigga Bowlegs [Gregory Chester] damn near on 37th
and Lake Park down there fuckin with a bitch. I dont know what the fuck
was goin on. Ray shot that boy ass up, boy. Eighteen times some shit like
that. Fucked him up.
***
Fucked him up. He was in the hospital, he lost weight, he aint look the same
or nothin. Cause he gained in the joint, was big. Lost all that shit, boy.
Derrick Vaughn explained how, as a result of the shooting of Gregory
Chester, the Hobos went through the Black Disciples neighborhood looking to
retaliate. Vaughn further explained that the Hobos kept police scanners in their
cars to elude detection by law enforcement, and how the Hobos were effective at
shutting down the Black Disciples drug line:
Boy all our cars stay in on the scanner, bruh. Not like that, but it was a nice
lil amount of time that I can recall, you know what I mean? Them niggas
puttin the police, so mother fuckin Smiley start, man, bitch. So now, so
look we start getting smart. Okay, yall wanna come through this bitch? They
come to this bitch and blow - where we goin? We, we, we, we, we, we goin
down there. Fuckin them niggas up. Them niggas, what? Clap them niggas
ass up. Goin down there, what? Bruh, them niggas stopped their line. They
had a line. Remember they had the line down there? Aw, we put a stop to
that.
a.

On February
Victim 8

25,

2007,

Derrick

Vaughn

Shot

On February 27, 2007, Derrick Vaughn shot Victim 8, a Black Disciple, as


Victim 8 walked out of a t-shirt store located at 622 East 47th Street, which was in

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a neighborhood that the Hobos and the Dirty Low Gangster Disciples believed they
controlled. Vaughn shot Victim 8 multiple times in the back and neck. Victim 8 was
taken to the hospital where he was treated for gunshot wounds to his spine, right
thigh, left forearm and head. Doctors removed a .38 caliber casing from his head.
According to Victim 8, Victim 8 recalled that the shooter was Derrick, and that
Derrick said that this war with the Fifth Ward [Black Disciples] was not over.
CI-3 will testify that he was at the barbershop when Vaughn shot Victim 8 from
behind. CI-3 will identify Victim 8 as a rival Black Disciple who the Hobos were at
war with over drug territory.
Also during a recorded in-person conversation with the cooperating
individual, Derrick Vaughn implicated himself in the attempted murder of Victim 8,
a rival Black Disciple, explaining the type of firearm Vaughn used (a silver, shiny,
brand new ass .380), the location of the shooting (the t-shirt place by the barber
shop), and how Vaughn wanted to either kill or paralyze Victim 8: I tried to
paralyze. I was tryin to kill that little nigga. Might get locked up. He got shot all in
the back though.
Vaughn then described how he changed his clothes and poured bleach on his
hands, saying, They take me to Mo grandma crib, its east. And I change my
clothes, take everything I had off in case a motherfucker do. Aw and they know who
did that shit cause they come lookin for me. They, um, bleach my hands and shit.
Put on some mo clothes and hop back out.

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Vaughn continued by explaining how his older brother, Stanley Vaughn, aka
Smiley, and Gabriel Bush were proud of Derrick Vaughn after the shooting:
So Smiley like man what the fuck happened [unintelligible]. Shit, you know
what I mean? Shit. Its like man, just chill out, man. [unintelligible] that shit
all in the air. Smiley lil brother did it. Smiley lil brother. Thats when Gabe
really got to likin me then [unintelligible] I love that lil nigga. Where he at?
On the real. Thats how we end up clickin though. Thats how [unintelligible]
bein the one nigga around. [unintelligible] no problem, you know. That shit
all in the air.
b.

The June 5, 2007 Shooting of Victim 2 and Victim 3

On June 5, 2007, Gabriel Bush, Arnold Council, and William Ford, while CI-3
was present, 26 committed a drive-by shooting of Victim 2, a Black Disciple, and
Victim 3, Victim 2s brother. The Hobos were in a rented white Chevy Impala. 27
When Victim 2 and Victim 3 drove their vehicle down Martin Luther King Drive on
the south side of Chicago, William Ford pulled the Chevy Impala alongside. Bush
shot an FN-5.7 pistol into the other car, which crashed into a bus stop. Victim 2 was
shot multiple times in the face and ultimately lost an eye from the shooting.
Victim 3 was shot in the ear. Both survived. The four Hobos abandoned their car
and ran away. CPD arrested Arnold Council and CI-3 near the scene, but both were
released. Bush and Ford were not caught. The FN-5.7 shells recovered from the
scene were a forensic ballistics match for the FN-5.7 firearm CPD seized June 20,

26

CI-3 was not cooperating with law enforcement at the time.

The Impala was rented in the name of a female associate of Gabriel Bushs girlfriend,
who will testify that she rented the vehicle for Gabriel Bush.
27

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2008, from a storage locker unit rented in CI-2s name and which contained Gabriel
Bushs property.
A short time after the shooting, CI-2 was playing video games when Bush
stated that he was with Arnold Council and that they were in a high speed chase
with Diamond Dre (Victim 2s nickname). Bush stated that they tried to kill
Diamond Dre because Diamond Dre had set up Bowlegs [Gregory Chester], to be
shot. While Bush and CI-2 were together that day, Bush received a phone call from
someone telling him that Diamond Dre did not die, but had had only been shot in
the eye. Bush stated that he thought they killed Diamond Dre.
c.

The June 27, 2007 Shooting of Victim 4

A few weeks later, the Hobos continued their shooting when, on the afternoon
of June 27, 2007, Hobos Gabriel Bush, Stanley Vaughn, Derrick Vaughn, CI-3, and
a fourth person were driving through a Black Disciple neighborhood when they saw
Victim 4 outside a daycare. As Victim 4 walked into the daycare, Gabriel Bush,
Stanley and Derrick Vaughn, and the fourth person shot at Victim 4, 28 who was hit
in the buttocks and leg, but was able to make his way to the daycare and make it
inside. Victim 4 suffered nerve damage from the shooting, but survived. Gabriel
Bush, Stanley Vaughn, and CI-3 were in a rental car rented in Stanley Vaughns
name. After the shooting, Stanley Vaughn returned the vehicle to Alamo and
obtained a new rental car.
The FN-5.7 shells recovered from the scene were a forensic ballistics match for the FN-5.7
firearm CPD seized June 20, 2008, from a storage locker unit rented in CI-2s name and
which contained Gabriel Bushs property.

28

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d.

The July 9, 2007 Shooting of Two Juveniles in a


Black Disciples Neighborhood

On July 9, 2007, CI-3 was present when Gabriel Bush and William Ford were
in a neighborhood controlled by the Black Disciples when Bush and Ford shot two
juveniles who were standing near a park. One juvenile was hit in the head, both
survived.
e.

The August 27, 2007 Shooting of an Associate of


Antonio Bluitt

On August 27, 2007, CD-1 was present when Arnold Council and Gabriel
Bush pulled up in a vehicle outside the residence of an associate of Antonio Bluitt,
in the area of 4100 South Wabash, Chicago, Illinois. Gabriel Bush shot multiple
times at the individual, who was shot in the thigh/buttocks region, but survived.
Shell casings from the scene were forensically matched to the FN-5.7 firearm CPD
seized June 20, 2008, from a storage locker unit rented in CI-2s name and which
contained Gabriel Bushs property.
f.

The September 2, 2007 Murder of Antonio Bluitt


and Gregory Neeley

On September 2, 2007, Antonio Bluitt, Gregory Neeley, and three other


members of the Black Disciples went to the AR Leak & Sons funeral home at East
78th Street and South Cottage Grove Drive, Chicago, Illinois, to attend a funeral.
After paying their respects, Bluitt, Neeley, and the other three men sat in Bluitts
black Range Rover outside the funeral home. At the time, Bluitt was the leader of
the New Town Black Disciples.

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While the Black Disciples were sitting in the Range Rover, Hobos Arnold
Council, Brandon Brown, CD-1, Gabriel Bush, Stanley Vaughn, Derrick Vaughn,
William Ford, and two other associates of the Hobos (identified here as
Individual LB and Individual WT), drove by in four to five cars, shooting multiple
firearms, including a 9MM, an FN-5.7, and an assault rifle, at the Range Rover.
Bluitt and Neely were killed. Two of their associates were wounded.
Later that same night, the Hobos went to the downtown Swissotel to
celebrate the double murder. CD-1 and other junior members of the associates
expected to be paid by Chester for the murder, but ultimately were not. Instead,
Gregory Chester gave CD-1 several thousand dollars worth of heroin for free.
CI-1 will testify that, while incarcerated with CD-1, CD-1 stated that he,
Brandon Brown, William Ford, and a couple other Hobos killed Bluitt at a funeral
home after a Hobo called in the hit. CD-1 told CI-1 that Bluitt was shot in
retaliation for the New Town Black Disciples shooting of Chester on June 3, 2007.
CD-1 relayed that Chester was playing games by not paying the Hobos for killing
Bluitt. 29
CD-1 will testify that, the day of the double murder, CD-1 was on 51st Street
and Calumet with Brandon Brown and others when Arnold Council arrived and
asked if they had guns. Brandon Brown and CD-1 had two .45 caliber pistols, and

CI-1 recalled a similar jailhouse conversation with Gary Chester. While in prison
together, Chester said that his cousin, Gregory Chester, did not want to pay some of the
younger guys for their role in killing Bluitt at the funeral home.
29

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they drove with Arnold Council in his car. Their friend, Individual EO, drove CD-1s
vehicle. They drove to the area of 79th and Cottage Grove and waited. More Hobos
arrived in cars with guns: Gabriel Bush arrived, Stanley Vaughn and Individual LB
arrived together; William Ford and Derrick Vaughn arrived together; and
Individual WT arrived. Before the shooting, Arnold Council told CD-1, in substance,
that the person responsible for shooting Gregory Chester was at the funeral, and
that there was money on the dude. Brandon Brown went into the funeral home to
confirm that Antonio Bluitt, aka Beans, was in there.
When the cars at the funeral home began lining up southbound on 79th
Street to go to the repast, Gabriel Bush pointed and the Hobos vehicles made a Uturn and started driving past Bluitt in his Range Rover. As they passed the Range
Rover, the occupants of the vehicles shot into the Range Rover. CD-1 will testify to
seeing Bluitt, Neeley and a third person inside the Range Rover. A fourth person,
Individual CW, was standing outside the Range Rover. For the drive-by shooting,
CD-1 was in the lead car with Brandon Brown, Arnold Council, and Individual WT,
with Council driving. Brandon Brown leaned out the front passenger window
shooting. CD-1 shot into the Range Rover from the rear passenger seat. Individual
WT was sitting behind Council.
After the drive-by shooting, CD-1 will testify that most of the Hobos went to
the area of 40th Street and Langley. The night of the drive-by, the Hobos went to
the downtown Swissotel to celebrate. After the murder, CD-1 didnt get paid what
CD-1 expected to be a large sum of money. Awhile after the double murder,
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however, Gregory Chester gave Byron Brown and CD-1 several thousand dollars
worth of heroin for free. Individual LD handed over the heroin on behalf of Chester.
During an in-person recorded conversation with a cooperating individual in
2013, Derrick Vaughn discussed how, on September 2, 2007, he went with a group
of Hobosincluding William Ford, Stanley Vaughn, Gabriel Bush, and Arnold
Councilto a funeral home on the south side of Chicago where they shot and killed
the leader of the Black Disciples, Antonio Bluitt, aka Beans. Vaughn implicated
himself as one of the many Hobos who participated in the drive-by shooting of
Beans:
I was ridin Boo car. So um, I call Joe Buck and Joe Buck call me. His ass
left. Thats how I ended up in the car with him. I had a lil nine on me that
was from (UI). It was a nine. A nine. That bitch was bogus as hell.
Cause I try to fire this bitch, this bitch dont even fire, bruh. Dont even fire.
At this particular day. 30
Yeah. So look, I [unintelligible] he come and get me out. I, I mean we flyin
around there. We get down there, um, we down there, Me, Smiley, (UI),
Arnold [Council], Twin [Brandon Brown], [unintelligible] Walt GD from out
west [Individual WT], (pause and mumbling to self) and um, the one with the
bullet [unintelligible] he the one dead, right?
Yeah, so um, I had nine, they had a chopper. Them niggas from um, out um,
out west brought it up here for a muhfucker. Smiley had a nine, Smiley- I
dont think that bitch [unintelligible] it was. Um, um, I think that Five-Seven
that Five-Seven [Bushs FN-5.7 handgun] and gave him to them boys.
***

To the extent Vaughn tried to minimize his involvement, the physical evidence recovered
at the scene would contradict any suggestion that Vaughn nine-millimeter handgun did not
work during the funeral home double murder. Numerous nine-millimeter shell casings were
found at the murder scene.
30

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Smiley and them did that shit. Louie aint do shit, man. We was like five cars,
they was like five cars.
I swear to god. They say bruh a nigga was over a hundred and some shell
casings out there. damn. Swear to god. And [unintelligible]get a chance to
shoot the one I had. They shot go fast. Boom boom [making machine gun
sounds with his mouth].
Derrick Vaughn then described in vivid detail exactly where the Hobos were
prior to the shooting, how they executed the drive-by shooting in front of the funeral
home, and how the victims were slumped over in their car after the shooting:
We was behind there lookin through the bushes sittin back there. We back
there smokin erything. Enough time for muhfuckers go in the front, enjoy
the funeral then come out back there. On Langley. Just say the car park right
here.
So they come out. Be all in the back of that bitch. We back there bored,
tweakin. We back there wit hoods up and shit. Hopin the police dont come
back there. [unintelligible]for a minute. Twin [Brandon Brown] and the car
pull in wit the chopper [assault rifle] and shit. Im thinkin, Im like this shit
finna happen. 79th, 78th, 78th the lil street? Its a one way goin east.
Bruh, we come up out, out they get in the car, . So we come out and come
up the one way. [unintelligible]and then they in the [unintelligible]. They
went across, pulled over, um, on the right hand side um, on um, on um the
side of the post office. Pulled over, boom. Still facin north. Nah mean?
***
Its four cars. My car, Smiley, Louie car, I mean Joe Buck [William Ford] car,
um, Louie car, Smiley car, [unintelligible]car and then the one from out west
car. Four cars. When they bust a U we bust a U. And as they, um, pulled
up, um [unintelligible]. By the time they pulled up, they bust a U, we bust a
U, they bust a U, boom. Went up, they aint even see us. We bust a U
(woosh sound), [unintelligible] the car same way they did facing 79th. Smiley
in the first car, they pull up, they do what they doin. That shit was so fast,
bro when I pulled up, I was like at the end.
***
The shit happened fast and [unintelligible] slid up, slid up. Boom boom boom.
Slid up, got dammit. Im like this. Im kinda, boom. [unintelligible] blow. I
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woulda threw the, cause the shell, threw the muhfucker up out the
muhfuckin window. For real. And then, um, we took off.
***
Yeah bruh, by the time we pulled up on his ass and by the time I, look, look,
look. When had [unintelligible] I looked like this, them [unintelligible] was
like this. Bruh, them niggas was slumped over, both of them. Smiley and
them got some good aim.
And, and thats somethin that a nigga need to do, you know what I mean?
Cause things really had, things getting worse. You know the only good thing
was? You know the only good thing? Them niggas got into some bullshit and,
and they into it with niggas they dont even know.
After discussing the drive-by shooting, Derrick Vaughn explained how the
Hobos had power over the city, how the Hobos were smarter than other gangs, and
how the Black Disciples were too scared to retaliate after the drive-by murder of
their leader:
Dont get me wrong, shit. We got a lot of niggas too, thats with us, you know
what I mean? But dude. Power all over the city, you know what I mean? Shit,
go get muh fuckers from everywhere, you know what I mean? But we aint
dumb, niggas dont think like how we think, you know what I mean? Shit,
and thats one thing, bruh. Muh fucker dont think like how I think. Muh
fucker dont think like how we think, bruh.
***
On the real, joe. That was somethin that needed to be done and I was happy
when it happened. I wasnt worryin no mo. Worryin about if a nigga gon,
you know what I mean? [unintelligible] them ol [unintelligible], I aint scared
but Im just sayin though. They dont want, Im not finna be lettin no nigga
do no shit.
***
The head gone and niggas really still aint know at that time who did that
shit. But, or aint wanna say or whatever, you know what I mean? Like, man,
them niggas gon kill us next, man. Niggas went scared. Them niggas went
hidin, bruh.
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Vaughn also discussed the Hobos as an enterprise, describing how the Hobos
frequently switched up cars to avoid detection by other gangs, how the Hobos were
an elite group that only allowed in select people, and how, every day, Vaughn used
to carry marijuana, a handgun, and a police scanner.
You know, um, my most, like one thing I learnt about bein around my
brother and all them, how to move. You know what I mean? Um, you know
thats why a nigga always runnin from so many cars and try to keep different
cars. That way a nigga wont know what the fuck you ridin in.
***
Its like, I cant let no anybody, afford to let anybody in my circle, uh, afford to
be fuck wit anybody, you know what I mean? Cause my life would be at
stake.
***
Every day, all day. [unintelligible] I used to have weed, banger, scanner,
what? Everything at once. Everything. I aint give no fuck.
Hobo Paris Poe was in custody at the time of the double murder of Bluitt and
Neeley. However, on June 19, 2008, Paris Poe was driving on the Dan Ryan
Expressway with Individual LD when they observed Individual CW (who had
survived the shooting on September 2, 2007) driving with another Black Disciple
and a female. Paris Poe shot at the other vehicle, leading to a car crash. CD-1 will
testify that, after the shooting, Arnold Council told CD-1 to go help Poe because he
had been in a shootout on the expressway. CD-1 let Brandon Brown take CD-1s car
to find them. Later, Poe told CD-1 that he shot across a females face at
Individual CW, and that Individual LD jumped out and ran. Law enforcement
arrested Paris Poe on the scene; he suffered a fractured hip during the crash.
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8.

On September 1, 2007, Gabriel Bush Murdered Terrance


Anderson with Arnold Council.

Terrance Anderson operated a narcotics line that competed with the Hobos
operations in the Robert Taylor Homes. Anderson and Gabriel Bush also had prior
disputes, which resulted in a 2005 shooting of Gabriel Bush by Anderson. In 2007,
Anderson was in the custody of the Cook County Department of Corrections, but
was allowed to return home for work release the weekend of September 1, 2007.
On September 1, 2007, while Terrance Anderson attended a party for the
Robert Taylor Homes with his friends, Arnold Council, William Ford, Gabriel Bush,
and Brandon Brown came looking for him.
Terrance Andersons sibling was at the party. That sibling is expected to
testify that, while at the party on the south side of Chicago, the sibling saw Gabriel
Bush and Arnold Council standing together near 60th and State. The sibling was
talking to Anderson, then standing around, when the sibling heard gunshots. The
sibling then saw Gabriel Bush standing behind a car shooting a gun. When the
shooting stopped, the sibling saw Bush and Council jump into a car together and
drive away.
CD-1 was with Gabriel Bush, Arnold Council, and Brandon Brown earlier
that day. Bush told CD-1 that some Snakes, meaning members of the Mickey
Cobra street gang in the area, and CD-1 shot at a person who CD-1 thought Gabriel
Bush wanted shot. CD-1 went home after the shooting. Later that day, Brandon
Brown called CD-1 and asked CD-1 to come to the party. When CD-1 drove to the
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area, CD-1 saw ambulances and CD-1 gave Individual AC, an unindicted
coconspirator, a ride home. Individual AC told CD-1 that Individual AC had fired
into the crowd to show them how Hobos got down. 31 CD-1 then went to 51st Street
and saw Arnold Council, who said in substance that they got down on Anderson,
which CD-1 understood to mean that Council and Bush killed Anderson. Council
said Bush slammed Terrance Anderson to the ground and shot him. Then, while
Anderson was on the ground, Council shot him. 32
CI-2 will testify that, the night of September 1, 2007, CI-2 received a phone
call that CI-2s cousin had been shot. 33 A few days later, CI-2 was with Gabriel
Bush when CI-2 told Bush that his cousin had been shot at the picnic. Bush
responded in effect that, Yeah, I finally bumped heads with that n----er TA, which
CI-2 understood to mean that Bush saw Terrance Anderson. Bush told CI-2 that he
crept up through the bushes and had seen that Anderson was not paying attention,
31

Individual AC has since deceased.

While in state custody in or about 2008, CD-1 signed a handwritten statement for the
Cook County States Attorney about the murder, and also testified in the state grand jury
about the murder. According to CD-1, after he testified, he felt that the police did not help
him for his cooperation. In or about March 2009, CD-1was arrested and placed in Cook
County Jail, where CD-1was in the same deck as Gabriel Bush. At the time, Bush and CD-1
were represented by the same lawyer (Charles Murphy). The lawyer showed CD-1 the CPD
paperwork about his cooperation and testimony, and Murphy told CD-1 to get out of the
case. According to CD-1, he then wrote a letter to the States Attorney saying that he lied
and was forced to testify. CD-1 has proffered that the letter was a lie. CD-1 explained that
he wanted to get out of cooperating in the case against Bush. CD-1 clarified that CPD police
never asked CD-1 to lie about the murder, nor did they threaten CD-1 or his family if CD-1
did not cooperate. CD-1 confirmed that he did tell the truth to the state grand jury and in
the handwritten statement.
32

CI-2s cousin was standing in the area near Terrance Anderson when Anderson was shot
and killed.
33

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so Bush started to shoot and Anderson started running, Council then came and shot
Anderson and Anderson went down.
After the murder, CPD recovered a baseball hat in the area of the murder
and submitted the hat for DNA analysis. A forensic analysis indicated that DNA on
the hat returned to Arnold Council.
9.

The Hobos Conflict with the Mickey Cobras

In the late summer and fall of 2007, the Hobos had a conflict with a faction of
Mickey Cobras known as the Gutterville Mickey Cobras, who sold crack cocaine
near 51st and Martin Luther King Drive. The conflict started after CI-2 fought with
a member of the Mickey Cobras and also as a result of a dispute over drug
trafficking territory. The Hobos escalated the violence. On August 9, 2007, Gabriel
Bush and CI-3 confronted Mickey Cobra Eddie McNutt, aka 40, and CI-3 shot
McNutt. The Mickey Cobras, including Victim 5, responded by setting one of
Gabriel Bushs vehicles on fire. The Hobos then retaliated by setting fire to a car
owned by one of the Mickey Cobras. Several weeks later, on August 28, 2007,
Gabriel Bush found two Mickey Cobras seated in their car near 4800 South
Forrestville Avenue, Chicago, Illinois, and began shooting. Neither was shot, though
there were bullet holes in their vehicle from the shooting. The Mickey Cobras
retaliated again, this time by setting fire to Gabriel Bushs Range Rover. Then, on
November 5, 2007, CD-1 shot Victim 5 multiple times to the elbow, back and
stomach.

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10.

The Hobos Conflict with the Row Row Gangster


Disciples

In November 2007, a short time after Byron Brown was released from
custody, he went to the neighborhood controlled by the Row Row faction of
Gangster Disciples, 34 and stole kush marijuana from them. A few days later, CD-1
went to the neighborhood controlled by the Row Row Gangster Disciples, where he
and Individual RC were shot multiple times and left in critical condition. While
hospitalized, CD-1 received visits from the Hobos, including several of the charged
defendants, namely, Gabriel Bush, Arnold Council, Derrick Vaughn, Stanley
Vaughn, William Ford, and twin brothers Brandon and Byron Brown. During the
visits, the Hobos told CD-1 that they had been going through the Row Row
Gangster Disciples neighborhood, which CD-1 understood to mean that they were
retaliating on CD-1s behalf. CD-1 will testify that the Hobos told him that they
shot up a van, shot a person on a porch, and also shot a person that they followed
out of the hospital.
In order to retaliate against the Row Row Gangster Disciples, Byron and
Brandon Brown, along with a third person, went to the neighborhood controlled by
that rival faction where they encountered Eddie Moss, Jr., a semi-professional
basketball player from Chicago who was home after playing basketball in Europe.
Byron Brown shot and killed Moss execution-style, ordering an unarmed Moss down
on the ground and emptying his pistol of bullets into Moss.
The Row Row Gangster Disciples hailed from the row houses (hence their nickname) in
the area of 57th Street and Normal Avenue on the south side of Chicago.

34

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On March 27, 2008, Byron Brown had a recorded conversation with an


individual who, unbeknownst to Brown, was cooperating with the police (identified
here as CI-1). During that conversation, Brown incriminated himself in the
murder of Eddie Moss, and discussed other crimes committed by the Hobos in
general terms, an excerpt of which follows:
CI-1

Whats up with dude and them, uh, they aint paid bro and them off
yet?

Brown

Which ones?

CI-1

From the um, funeral [a reference to payment for the drive-by


shooting and murder of Bluitt and Neeley outside the funeral home].

Brown

Oh, no. Nope.

CI-1

Man. What the fuck?

Brown

But they supported, they did a lot of stuff for a motherfucker though.
They hit a motherfucker.
***

CI-1

I thought, um, dude owed brother [Brandon Brown] and them for
that shit at the funeral home?

Brown

Uh, but they, yea. They, well, you know. Legs [Gregory Chester], he
been gone for a minute, the plan man. We aint seen him very much.

CI-1

Who?

Brown

Legs.

CI-1

I thought, he dont be coming up to the store no more?

Brown

Nope, I aint seen him in a minute. You know the polthem peoples
on folks and them ass. He trying not to have nothing to do with that.

CI-1

Oh. Whats on Arnold [Council].

Brown

He out there. They playing around right now. They was just calling
us yesterday, talking about they goin to the store to buy some coupes
and shit. Some Benz coupes and shit.

CI-1

Hey. Now dude talking about the shit on 57th [Row Row Gangster
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Disciple territory], right. Talking about dude supposed to have been


his cousin. Dude have some family out there?
BROWN

Who?

CI-1

That, um, that um, whats his name? That basketball player dude
[Eddie Moss].
***

BROWN

They be with all them. We aint give a fuck who was out there. They
be together. All them out there.
***

CI-1

Hey thats the, thats the only ni**er yall got down on though, aint
it?

BROWN

Who dude?

CI-1

That basketball player.

BROWN

Hell no!

CI-1

He the only one died though, right?

BROWN

Milk [CD-1] was in the hospital another ni**er came in the hospital.
They reported that ni**er dead while was all in the hospital seeing
Milk. Us and Gabe [defendant Gabriel Bush] and them, Hobo, all
them. They reported it at. This was the next day when Milk done got
shot.

CI-1

He died?

BROWN

Yep.

CI-1

Who got down on him, Gabe and them?

BROWN

Everybody, the block. Then we went, we went, we was up at the


hospital, so as soon as they say he dead, we walked down to where
dude and them was at.

CI-1

Um, hey, hey, who gonna, who gonna, uh, who gonna say, us, they
got down on dudes ass?

BROWN

On who?

CI-1

On basketball player [Eddie Moss].

BROWN

Who gonna say it?


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CI-1

Yea.

BROWN

Like what you mean?

CI-1

Like, who, who, like, thats my man there. Thats my body there. I
gotta have them bodies under my belt.

BROWN

I popped him. I. That was me.

CI-1

Man, get your ass.

BROWN

I told him, look, now face the ground.

CI-1

Execution.

BROWN

Man, get the fuck outta here.

CI-1

Man [U/I] believe that anymore.

BROWN

On my granddaddy, ni**er.

CI-1

[Laughing]

BROWN

On my ni**er. On the g.

CI-1

[Laughing]

BROWN

Face the floor. Face the floor. Boom.

CD-1 will also testify that on May 4, 2008, after CD-1 was released from the
hospital, Arnold Council lent CD-1 an assault-style rifle, which CD-1 used to shoot
at two individuals associated with the Row Row Gangster Disciples.
11.

On June 26, 2008, Chester Had Approximately 99.6 Grams


of Heroin Secreted Inside a Gold Coast Apartment.

Using information provided by CI-3, law enforcement obtained and executed


a search warrant at Hobo Gregory Chesters apartment in the building at 1221
North Dearborn, Chicago, Illinois. Inside the apartment, CPD found documents
consistent with Chesters use of the apartment, 99.6 grams of heroin and $10,200 in
cash hidden in a false compartment under the kitchen sink, a set of crutches, a
small amount of marijuana, and two Special Investigator badges inside leather
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wallets. When Gregory Chester was interviewed about the search on October 22,
2008, he was shown photographs of the heroin seized and told the police that it was
not 100 grams of heroin (an accurate statement), even though the police had not
told Chester how much heroin was in the apartment. CI-3, as well as two females
associated with Gregory Chester and Individual LB, will testify that Chester used
the apartment. CI-4 will testify that during the summer of 2008, CI-4 went to visit
Chester at the condo. When CI-4 arrived, Chester was there with two guys that CI-4
did not recognize. Chester told the guys to rob CI-4 and one of the guys grabbed a
gun from under a pillow in the couch. Chester said that he was just joking around
and CI-4 was able to leave unscathed.
12.

On July 25, 2008, Arnold Council


Approximately 106 Grams of Heroin to CI-4.

Distributed

On July 25, 2008, Arnold Council distributed approximately 106 grams of


heroin to Hobo associate CI-4, who was cooperating with law enforcement
unbeknownst to COUNCIL. After the transaction, officers attempted a traffic stop
of Council, but Council refused to stop and instead led officers on a high-speed chase
culminating in Council hiding the cash proceeds from the transaction in the wheel
well of a vehicle parked in a parking garage. 35
On or about July 9, 2009, Council entered a signed plea declaration before the
Honorable Judge Robert W. Gettleman, United States District Court Judge for the
Northern District of Illinois, in which Council admitted that he was guilty of
Additional detail regarding the facts and evidence underlying this incident has been set
forth in the federal criminal complaint filed under N.D. Ill. Case No. 08 CR 924.

35

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distributing more than 100 grams of heroin to CI-4 on or about July 25, 2008.
Specifically, he admitted that on or about July 25, 2008, he sold heroin to a
confidential source who was cooperating with federal law enforcement. This
transaction took place inside the confidential sources automobile, which was
parked near the intersection of 42nd Street and Martin Luther King Drive [in
Chicago, Illinois]. After the confidential source gave Mr. Council $9,700, Mr.
Council handed him approximately 106 grams of heroin.
13.

On November 8, 2008, Arnold Council and Associates of


the Hobos Committed an Armed Robbery of a Clothing
Store.

In summary, the afternoon of November 8, 2008, the Collections Clothing


Store, located at 347 East 47th Street, Chicago, Illinois, was robbed of
approximately $17,488 worth of Pelle Pelle jackets and apparel by four masked
black males who were subsequently identified as Arnold Council, Individual KB, 36
Individual PS, and Individual AH. Later that night, following the robbery,
Individuals KB and AH were at a Councils aunts residence with Council. When the
two left, CPD sought to detain them. Rather than comply, Individual AH pulled a
firearm. A CPD officer discharged his firearm at Individual AH, who subsequently
died from his wounds.
The store employees are expected to testify that the afternoon of November 8,
2008, four black males wearing masks entered Collections. At least one of the

36

The government expects to compel the testimony of Individual KB at trial.

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robbers was carrying a handgun. The robbers took the employees at gunpoint to the
rear of the store. The robbers put the three employees in a storage room and tied
the employees hands. The robbers took jackets and other clothing from the store
before they fled. The employees remained tied up in the storage room until after the
robbers fled. The employees could not see the robbers faces because the robbers
were wearing masks.
Store surveillance video depicted four masked men walking into the store, the
fourth of whom was wearing a red Philadelphia Phillies jacket. The robbers grabbed
the three employees and directed them to a room in the rear of the store. The
robbers then removed clothing from the racks and placed the clothing in bags that
the robbers brought with them. A short time later, the four robbers left the store
through the front entrance. A representative from Collections also provided an
inventory of the items taken during the robbery: (a) sixteen black leather jackets,
including jackets manufactured by Pelle Pelle; (b) two suede jackets; (c) two wool
jackets; and (d) six pairs of black jeans. The items had a total value of
approximately $17,488.
Later that night, CPD observed a white SUV in the area of the 4300 block of
South Martin Luther King Drive, Chicago, Illinois, where Councils aunt resided. 37
When CPD attempted a traffic stop of the white SUV, the vehicle fled but was

The government will introduce evidence that law enforcement searched Individual KBs
cellphone, finding an incoming telephone call from the telephone number associated with
Councils aunt at a time consistent with the two driving to the location.

37

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stopped when it hit a fire hydrant. Individual KB exited the passenger side of the
vehicle and ran, but was arrested a short distance away. Individual AH, the driver,
pointed a handgun at officers; they returned fire and fatally wounded
Individual AH.
After the shooting, CPD searched the white SUV and found, among other
things, (a) a loaded Smith & Wesson nine-millimeter pistol; (b) a Colt .45 caliber
pistol; (c) a black bandana; (d) two black ninja masks; (e) handcuffs; (f) two laundry
bags; (g) a black bag containing zip ties; (h) duct tape; (i) two Pelle Pelle jackets;
and (j) two pairs of Pelle Pelle jeans. At the time of arrest, Individual KB was
wearing a Pelle Pelle jacket.
CPD received written and verbal consent from Councils aunt to search her
residence. Inside the apartment, officers found a Pelle Pelle jacket and observed a
red Philadelphia Phillies jacket, which was consistent with the jacket worn by one
of the robbers.
14.

On March 25, 2009, Paris Poe, Gary Chester and Two


Hobo Associates Committed a Home Invasion of
Individuals They Believed to Be Narcotics Traffickers.

On March 25, 2009, Paris Poe, Gary Chester, and two associates of the
Hobos, committed a home invasion robbery of two individuals of Hispanic heritage
that Poe and Chester believed to be narcotics traffickers. Gary Chester, disguised as
a city employee, gained entry to the house by putting one of the Hispanic
individuals in a headlock after pointing a gun at him. After gaining entry to the
home, Poe and Chester beat, pistol-whipped, and tortured the victims with a
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clothing iron in an effort to learn where the narcotics were hidden. The victims
pleaded that they didnt have any narcotics. Eventually, Poe and Chester made off
with cash, jewelry, a brand new cell phone, Xbox games, and a TV. One of the
victims later identified Poe as the person during the home invasion who said, Just
shoot him in the leg. Shoot him in the leg. Poe subsequently pleaded guilty to
aggravated battery for this offense in state court. One victim had burns to his left
forearm and calf, burns to his hands, right foot, and swelling to his face and head,
requiring surgery to repair his third-degree burns. The other victim had seconddegree burns to both hands, including one burn mark of a clothing iron.
15.

In 2011, Gregory Chester and Individual LD Sold Heroin


to Keith Daniels.

In 2011, Keith Daniels, the younger brother of Arnold Council and


Individual KD, began cooperating with law enforcement after he was arrested with
a firearm. During his cooperation, Daniels conducted controlled purchases of heroin
from Gregory Chester and Individual LD at officers direction on June 1, June 9,
and September 1, 2011. 38
Daniels also provided statements to law enforcement during the investigation
regarding the Hobos and the enterprises criminal activity. Daniels knew Gregory
Chester and Individual LD through the Hobos. Danielss older brother, Arnold
Additional detail regarding the facts and evidence underlying this incident has been set
forth in the federal criminal complaints filed under N.D. Ill. Case Nos. 13 CR 288 and 13
CR 289. Prior to his murder, LEOs paid Daniels approximately $28,000 (including
expenses) for his cooperation in this and other investigations. Daniels was also given money
for expenses and relocation. Daniels had previously been arrested approximately 16 times
for assault, battery and drug offenses, but did not have any felony convictions.

38

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Council, was a member of the Hobos and was a close friend of Chesters. Daniels
understood Chester to be the leader of the Hobos. After Chester was released from
state custody in 2003, Daniels saw Chester carrying large amounts of money and
guns. Once, Chester showed Daniels $100,000 in cash that Chester was carrying.
Daniels also saw Chester carrying Glock pistols and .45 caliber handguns. On May
18, 2011, Daniels met Chester at a house located at 58th Street and Wolcott Avenue
on the south side of Chicago. During the meeting, Chester offered to front fifty
grams of heroin to Daniels, meaning provide the heroin to Daniels on credit. During
that meeting, Chester stated that he was mad at someone involved in the drug
trade and wanted that motherfucker shot in the face. On one occasion during the
summer of 2011, Chester asked Daniels to kill someone. Daniels was with Chester
at a baseball game in the area of 39th and Cottage Grove. Daniels and another
individual were in Chesters car when Chester pointed out a bald-headed male.
Chester stated that he wanted Daniels to knock him off, which Daniels understood
to mean kill the man. Daniels did not murder the man. Also during the summer of
2011, Chester took Daniels to a house in Indiana where Chester bought a loaded
MAC-11 firearm. (A MAC-11 is a subcompact machine pistol that is chambered to
fire .380 rounds of ammunition.) Chester informed Daniels that he bought the
MAC-11 for another member of the Hobos street gang, who was having a dispute
with the Black Disciples. After Danielss younger brother was shot and killed in
early 2011, Chester gave Daniels a black nine-millimeter Beretta handgun. 39
39

These statements, including Danielss grand jury testimony, will be offered as evidence at

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a.

The Distribution of 49 Grams of Heroin on June 1,


2011

On June 1, 2011, Gregory Chester delivered 49 grams of heroin to Keith


Daniels in exchange for $3,500 inside the Goal Post Bar, at 71st Street and
Eberhart Avenue on the south side of Chicago. Chester delivered 49 grams of heroin
in exchange for $3,500 in cash. Chester and Individual LD communicated by
cellphone both before and after the drug deal took place. Following the drug sale,
Chester went to the Horseshoe Casino on June 3 and June 6, 2011, where he cashed
in a total of $3,200, just $300 shy of the $3,500 he made selling heroin to the
cooperator on June 1, 2011. (Taking cash to a casino and exchanging cash for chips
is a tactic drug traffickers frequently use to conceal the sources of their income.)
b.

The Distribution of 100 Grams of Heroin on June 9,


2011

On June 8, 2011, Keith Daniels spoke with Gregory Chester about meeting
that day for a drug deal. Chester, however, needed 24 hours to procure the heroin
and agreed to meet Daniels the next day (June 9, 2011). Following that
conversation, Chester and Individual LD spoke via cellphone that same night. On
June 9, 2011, Daniels spoke again to Chester. Daniels asked to meet with Chester
that day because Daniels had a customer ready to purchase heroin. Chester did not
want to speak to Daniels customer, but agreed to get up fo sure, meaning
trial and are not hearsay under the forfeiture by wrongdoing doctrine. Federal Rule of
Evidence 804(b)(6) provides that a prior statement by an unavailable declarant is
admissible when offered against a party that wrongfully causedor acquiesced in
wrongfully causingthe declarants unavailability as a witness, and did so intending that
result. Fed. R. Evid. 804(b)(6).

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Chester did not want to deal directly with Daniels drug customers and instead only
wanted to deal with Daniels, whom Chester knew. (Drug traffickers typically avoid
dealing with customers they are not familiar with and, instead, insist on dealing
only with people they know.)
Following that call, Chester spoke with Individual LD by cellphone four
times. After the last telephone contact, Individual LD called Daniels and instructed
Daniels to come to the alley near 58th and Prairie on the south side of Chicago. At
the alley, Individual LD learned from Daniels that he needed 100 grams of heroin.
Daniels informed Individual LD that he (Daniels) had been trying to get up,
meaning meet up, with Chester about the heroin, but that Chester had not been
helping. Individual LD stated that he needed fifteen minutes and instructed
Daniels to not be hollering over them lines, meaning Individual LD did not want
Daniels using his cellphone for fear of being detected by law enforcement.
Approximately 30 minutes after the alley meeting, Individual LD, using a
new cellphone, called Daniels and instructed him to meet at the Citgo gas station
located at 76th and Cottage Grove Avenue on the south side of Chicago. When
Daniels arrived at the gas station, he met Individual LD inside a tan SUV, where
Individual LD asked, For a hundred?, meaning 100 grams of heroin. Daniels
exchanged $8,000 in cash for 100.2 grams of heroin.
On June 24, 2011, just weeks after making $8,000 in cash selling heroin,
Individual LD and Chester flew with two women to Las Vegas, Nevada. Chester
gambled thousands of dollars at the Planet Hollywood Casino in Las Vegas,
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Nevada. On July 1, 2011, Chester and Individual LD flew back to Chicago from Las
Vegas together.
c.

The Distribution
September 1, 2011

of

98

Grams

of

Heroin

on

On September 1, 2011, Daniels spoke to Chester. Daniels stated that he


needed to get on the side of you [Chester], man. Right now, meaning Daniels
needed to obtain heroin from Chester immediately. Chester agreed to meet.
Approximately 30 minutes later, Chester and Individual LD arrived together in a
minivan that had been rented in the name of Individual LDs girlfriend. Individual
LD was driving; Chester was seated in the backseat. Inside the minivan, Daniels
handed $8,000 in cash to Chester. Chester stated that he needed about 20 minutes
to get the heroin.
Approximately an hour and a half later, Chester returned to where Daniels
was waiting. After expressing concern to Daniels about law enforcements presence
in the area, Chester instructed Daniels to go to 55th Street. Daniels walked over to
the Washington Park Field House located at 55th and Martin Luther King Drive,
where Individual LD was waiting. Individual LD instructed Daniels to walk
outside, where Individual LD had parked his minivan. Individual LD informed
Daniels that the heroin was located inside the cupholder. When Daniels walked out
to the parking lot, Individual LD remotely activated the sliding door on the
minivan, where Daniels retrieved approximately 98 grams of heroin.

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On April 10, 2013, Chester was arrested at the Horseshoe Casino in


Hammond, Indiana. Chester was transported to the FBI Chicago office where he
waived his Miranda rights. After being shown the criminal complaint affidavit,
Chester stated that he took him, meaning Keith Daniels, under his wing to try to
help Daniels. Chester then stated he knew the FBI was coming for him and that he
was ready for this. Chester ended the conversation by stating that he wanted to get
this over with, and that he wished he could plead guilty now.
Following his arrest, Chester was ordered detained and housed at the
Kankakee County Jail. On April 12, 2013, Chester had a recorded jail call with a
woman. During the call, Chester stated, A motherfucker wore a wire on me 2011.
He was working with the feds. Chester also stated, That motherfucking boat
[Horseshoe Casino]. But, like I said, its better to get this shit over with. I dont
want to be. You know what Im saying? The female responded, Right. Steady
running from something. Chester replied, Running. I want to get this shit over
with. Man, I promise you.
C.

On April 14, 2013, Paris Poe Murdered Keith Daniels to Prevent


Daniels from Testifying Against Gregory Chester and in
Retaliation for Cooperating.

In or about 2012, Keith Daniels had a dispute with a girlfriend, Witness 1,


and Witness 1 disclosed on social media that Daniels had been cooperating with law
enforcement. On or about February 1, 2013, after William Ford was released from
IDOC in early 2013, William Ford went to the residence of Keith Daniels on the
south side of Chicago. Ford snuck into Daniels apartment buildingFord waited
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for someone else to open the main door and Ford walked behind that personand
went up to Daniels apartment. Once inside Daniels apartment, Ford pulled out a
black and silver handgun and asked Daniels to come ride with him. Daniels refused.
After Ford left, Daniels called CPD and FBI, who moved Daniels and his family to a
safe location. Daniels told CPD and FBI that he believed Ford was trying to lure
him out of the apartment building to kill him. FBI and CPD then assisted Daniels
with relocating to a different residence. The next day, CPD went to Fords parole
residence where they seized a loaded 9MM pistol and cannabis from Fords
residence.
On April 10, 2013, between approximately 7:00 p.m. and 8:00 p.m., Gregory
Chester was arrested by law enforcement on charges of distributing heroin. At the
time of arrest, Chester was with Individual WB, an unindicted coconspirator, who
left the scene separately.
According to the IDOC, on April 10, 2013, at approximately 11:15 p.m. (no
later than three hours after Chesters arrest), Paris Poes electronic monitoring
transmitter went out of range. 40
On April 11, 2013, Gregory Chester made an outgoing recorded jail call to a
female associate, identified here as Female A. Female A stated, Goofball cut his
band off [Poe removed his electronic monitoring device]. Female A then stated that
the reason Goofball [Poe] cut off his band was because he missed Chester and
At the time, Paris Poe was serving a state-imposed term of mandatory supervised
release, which was set to be terminated June 2, 2013.
40

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wanted to be with him. Chester laughed in response.


On April 13, 2013, Gregory Chester made a recorded outgoing jail call to
another female associate, identified here as Female B. Female B stated, Dude
wants to talk to you. Chester stated, Alright. Female B then stated, Pops, and
Chester responded, Yeah. Female B then connected Poe with Chester. Chester and
Poe proceeded to speak in coded language for approximately three minutes. After
speaking to Chester, Chester then instructed the female to call another person.
While waiting, Chester stated to an unknown individual in the background, Hey.
Hey. This motherfucker crazy. Poe. Poe. He crazy; he went running [Poe absconded
from parole].
On April 14, 2013, at approximately 8:19 p.m., Gregory Chester made a
recorded jail call to Female B. Chester asked, What up with dude [Poe]? He good?
He still been trying to, he still been hitting you? Female B responded, I aint
talked to him since yesterday. Sounding de-down. Chester stated, He didnt
even have to do that. Female B replied, Right. Chester then said, That was
crazy. But I mean, I understood too though. You know? Female B responded, No I
dont. Chester said, Better be safe than sorry. Better be safe than sorry. Female B
replied, But shit. But it gotta be a outcome. Chester laughed and responded,
Yeah. Its gone be a outcome.
Meanwhile, at approximately 7:44 p.m., Witness 1 called 911. Witness 1
stated, in summary, that Keith Daniels had been shot and provided the address
where the shooting occurred. Witness 1 stated that Daniels had been shot by
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Poleroski [Poe] who was in a gold Trailblazer.


Officers responded, finding Keith Daniels had been shot more than ten times.
Daniels later died from his gunshot wounds. During a canvas of the area
surrounding the crime scene, LEOs obtained surveillance footage and observed a
tan SUV, consistent with the make and model of a Chevrolet Trailblazer, driving in
the area of Danielss residence at times that are consistent with that vehicle being
involved in the murder. Specifically, the surveillance footage showed a tan SUV
driving through the area at 7:27 p.m., approximately seventeen minutes before
Witness 1s telephone call reporting the murder, and at approximately 7:43 p.m.,
approximately one minute before the call from Witness 1.
Witness 1 will testify that s/he was with Keith Daniels when Witness 1 drove
Daniels back to their residence the evening of April 14, 2013. When Witness 1
parked the vehicle in the area near the residence, an individual Witness 1
recognized as Paris Poe, aka Poleroski, 41 walked towards the vehicle shooting a
handgun. Poe, who was wearing black clothes and a black knitted hat, fired shots
into the front seat of the vehicle. As Poe continued to shoot into the vehicle, Keith
According to Witness 1, prior to the murder, Witness 1 knew Poes identity and nickname
because Witness 1 previously had been in Poes presence on multiple occasions when Poe
was meeting with other individuals and had heard Poe referred to as Poleroski. When
agents interviewed Witness 1, Witness 1 stated that s/he knew of Keith Danielss
cooperation with law enforcement and that, during his/her relationship with Daniels, s/he
did not disclose Keith Daniels cooperation on social media. Agents later confronted Witness
1 about Witness 1s social media accounts. When confronted, Witness 1 acknowledged that
s/he previously made a false statement to agents and the grand jury. Witness 1 stated that
s/he did so because Witness 1 felt responsible for Danielss death as a result of the
disclosure. Witness 1 confirmed that the other information Witness 1 provided about the
death of Daniels was true and accurate.
41

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Daniels jumped out of the front passenger seat of the vehicle and fell to the ground.
Poe walked over to the front passenger side of the car, stood over Keith Danielss
body, and fired his gun into Danielss body while Daniels was lying on the ground.
Poe then walked to a tan SUV that had parked nearby, entered the vehicle, and
departed the area.
Less than two hours later, at approximately 9:12 p.m., Gregory Chester made
a recorded jail call to Female B, who then placed a three-way call and connected
Chester with an unknown male. Chester asked the unknown male what he was up
to. The male replied that he was with Poe. The male then handed the phone to
someone else. Chester asked who it was and Poe responded, Whats up? Chester
asked, What up with it? Poe asked, How you feeling man? Chester asked, Who
this? Poe responded, This is me, man. This homey! Chester asked, "What
happened with it [unintelligible]? Chester and Poe then laughed. Chester then
asked, Did you read that goofy ass shit [the complaint affidavit], man? Poe
responded, You told me that conversation before I seen it. Man, it aint nothing I
haven't seen before. Poe said, "You gonna be alright, Bow. Chester replied, It
aint nothing. You feel me? Mainly hearsay.
Continuing on April 14, 2013, at approximately 9:29 p.m., Chester made
another recorded jail call to Female B, who connected Chester with a different
unidentified male (UM-2). UM-2 referred to a Trailblazer, the same model of vehicle
used in the murder, and stated, Shit just got real. Chester responded, Played me
like a straight bitch.
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After the murder, Paris Poe fled the Chicago area, first going to Madison,
Wisconsin, then traveling with associates to the area of Las Vegas, Nevada, then
returning to Madison Wisconsin. On or about May 2, 2013, the FBI arrested Poe in
the area of Madison, Wisconsin. Poes head appeared to be recently shaved.
At trial, the government will introduce evidence that incarcerated Hobos
were kept apprised of Chesters arrest and Danielss murder by other Hobos and
their associates. For example, on April 14, 2013, Individual KD had a recorded
prison call with Arnold Council. During the call, they spoke in code about Keith
Danielss cooperation. Specifically, Individual KD informed Council that them
people grabbed Cowboy [a reference to Chester, given the way he walks
bowlegged] because of Shorty [Daniels]. Individual KD said that the word on the
street was Keith was going to killed, and they talking bout a motherfucker about
to be gone.
The day after Danielss murder, April 15, 2013, Councils mother (and
Danielss mother) had a recorded prison call with Council. She told Council that
Daniels had been shot 27 times. Council told his mother that, with the lifestyle that
Daniels was living, that was result of it. Council then reminded his mother that she
shouldnt have stopped paying on Danielss policy [life insurance policy]. Council
then said that he was not shocked, and that Daniels could not have been a snitch
and expected to live. Council said that he hoped that the youngest people in the
family used this as an example and would not follow Danielss lead.
The shell casings recovered from the Daniels murder were submitted for
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laboratory analysis. The analyst concluded that one of the .45 caliber pistols used in
the double murder of Bluitt and Neeley on September 2, 2007, was used to murder
Daniels on April 14, 2013.
V.

COCONSPIRATOR STATEMENTS
The statements between the coconspirators in furtherance of the racketeering

conspiracy fall into numerous categories, all concerning subjects integral to the
conspiracy and its success. These statementswhich will establish the information
flow between coconspirator intended to help each perform his rolewill be
introduced through the testimony of cooperating sources (including CI-1, CI-2, CI-3,
and CI-4), CD-1, other individuals who will be compelled to testify, consensually
recorded in-person and telephone recordings, including the recordings referenced
throughout this submission, as well as recorded prison and jail telephone recordings
involving the defendants, their associates, and their unindicted coconspirators.
The coconspirator statements offered at trial will concern the subjects listed
below, and include, but are not limited to, the coconspirator statement discussed
above: 42
1. Statements regarding other members of the conspiracy, including the
following:
a. Identifying other members of the conspiracy and their roles;
Given the extent and number of such statements in this case, the government is not
detailing each and every proposed coconspirator statement of each witness or document,
but rather is providing this general framework for the categories of statements. Further, by
attributing statements to particular witnesses in this Santiago proffer, the government is
not committing to call each of the witnesses for each of the statements attributed.
42

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b. Identifying the structure and origin of the conspiracy;


c. Reviewing a coconspirators exploits;
d. Recruiting potential coconspirators;
e. The roles of participants in the conspiracys illegal activities;
f. Assurances that a coconspirator can be trusted to perform his
role; and
g. To report coconspirators status and in turn receive assurances
of assistance from coconspirators;
2. Statements to conduct or help conduct the conspiracys activities,
including the following:
a. The purpose behind prior criminal acts carried out by the
conspiracy;
b. To plan criminal acts by the conspiracy;
c. To instill and maintain the trust and cohesiveness of the
conspiracy;
d. To advise of the progress and accomplishments of the
conspiracy;
e. To inform or reassure the listener regarding the conspiracys
activities;
f. To control damage to an ongoing conspiracy;
g. statements to outsiders to enhance the conspiracys position in
the eyes of outsiders and express confidence about the ability of
the conspiracy; and
h. To inform and update others about the current status of the
conspiracy or a conspiracys progress (including failures), and to
reassure or calm the listener regarding the progress or stability
of the conspiracy;
3. Statements concerning the means used to conceal the conspiracys
illegal activities; and

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4. Statements to others outside the conspiracy to reassure those


individuals, to seek their cooperation, and to encourage them to not
reveal incriminating information.
As is evident from the categories description, all such statements made by
coconspirators furthered the conspiracy. Thus, under the case law summarized
above, all such statements are properly admitted at trial as coconspirator
statements under Fed. R. Evid. 801(d)(2)(E).
V.

CONCLUSION
The above is an outline of the evidence that the government will introduce to

establish that the charged conspiracy existed. Based upon this proffer, the
government respectfully requests that this Court find that categories of
coconspirator statements listed above, as well as coconspirator statements like
them, are admissible pending the introduction of evidence to support this proffer.
Respectfully submitted,
ZACHARY T. FARDON
United States Attorney
By:

Dated: June 15, 2016

104

s/ Patrick M. Otlewski
PATRICK M. OTLEWSKI
DEREK OWENS
TIMOTHY J. STORINO
Assistant U.S. Attorneys
219 South Dearborn, Room 500
Chicago, IL 60604
(312) 353-5300