KANSAS CITY, Mo. – Four Kansas City, Mo., men who were part of 246, a violent street gang, were convicted by a federal jury for their roles in a drug-trafficking conspiracy.
Ladele D. Smith, also known as “Dellio” and “Dog,” 35; David J. Duncan, IV, also known as “Deej” or “DJ,” 33; Roy Franklin, Jr., 31; and Gary O. Toombs, 42, were found guilty of participating in a conspiracy to distribute heroin, cocaine, oxycodone, and marijuana from Jan. 1, 2011, to Oct. 1, 2019. Smith, Duncan, and Franklin were also convicted of multiple counts that charged them with various drug-trafficking and firearms crimes, to include drive-by shooting and discharging a firearm during a crime of violence. Toombs was convicted of multiple counts that charged him with various drug-trafficking and firearms crimes as well.
The investigation into the 246 street gang, operating in the Kansas City metropolitan area, began in June 2017. The gang is an alliance of gang members from the 24th, 43rd, and 68th streets of Kansas City, Mo. Smith was identified as a leader of the gang, and Duncan, Franklin and Toombs as members of the gang.
Smith and Duncan are local rap artists who often posted to social media platforms, such as YouTube, with references to the 246 gang. In some of the videos, Smith and others show firearms and large amounts of cash. The social media posts also portrayed Smith and others wearing expensive jewelry, watches, hats, clothing and plate carrying vests that depicted 246 gang affiliation.
Members of the 246 gang used a residence in the 4400 block of Kensington, which is within 1,000 feet of George Washington Carver Dual Language School, a public elementary school, for gang and drug-trafficking business. No one utilized the house as a primary or permanent residence. On Oct. 2, 2019, law enforcement officers executed a search warrant at the house and seized heroin as well as two assault rifles and a stolen vehicle that had been used in a drive-by shooting. Officers also found a Glock 9mm semi-automatic pistol and a Century Arms International 7.62x39mm pistol under the couch in the living room and a Glock .40-caliber semi-automatic pistol on the kitchen cabinet.
Smith was arrested at his apartment on Oct 2, 2019. Officers searched his residence and found codeine, $31,601 in cash, and jewelry valued at over $40,000.
Duncan was also arrested at his apartment on Oct. 2, 2019. Officers searched his residence and found a Zastava 7.62 x 39mm rifle, a Norinco 7.62 x 39mm rifle, a Glock 9mm semi-automatic pistol, two loaded rifle magazines, and a loaded handgun magazine under the bed in a bedroom. Officers found $7,100 in cash and four bags of pills that contained oxycodone in the living room.
Smith, Franklin and Toombs also were found guilty of participating in a conspiracy to possess firearms in furtherance of a drug-trafficking crime.
Smith also was found guilty of possessing firearms in furtherance of a drug-trafficking crime, one count of distributing marijuana, one count of distributing marijuana near a school (within 1,000 feet of George Washington Carver Dual Language School), four counts of distributing heroin, and four counts of distributing heroin near a school (within 1,000 feet of George Washington Carver Dual Language School).
Franklin also was found guilty of two counts of distributing marijuana and two counts of distributing marijuana near a school (within 1,000 feet of George Washington Carver Dual Language School).
Duncan also was found guilty of possessing oxycodone the intent to distribute, one count of possessing firearms in furtherance of a drug-trafficking crime, and five counts of money laundering related to the purchases of money orders with drug-trafficking proceeds.
Toombs also was found guilty of maintaining a residence for the purpose of manufacturing, distributing, and using controlled substances.
Following the presentation of evidence, the jury in the U.S. District Court in Kansas City, Mo., deliberated for about six hours over two days before returning guilty verdicts to U.S. District Judge Greg Kays, ending a trial that began Aug. 29, 2022.
Eleven co-defendants in this case have pleaded guilty and been sentenced.
Sirrico L. Franklin, 31, of Raytown, Mo., was sentenced on May 31, 2022, to five years and eight months in federal prison without parole. Terrance Garner, 36, of Kansas City, Mo., was sentenced on June 21, 2022, to 10 years in federal prison without parole. Joshua Marchbanks, 32, of Kansas City, Mo., was sentenced on May 24, 2022, to three years and 10 months in federal prison without parole. Carleeon D. Lockett, 30, of Kansas City, Mo., was sentenced on May 31, 2022, to six years and eight months in federal prison without parole. Kenneth D. Scott, 26, of Kansas City, Mo., was sentenced on March 24, 2021, to three years and six months in federal prison without parole. Cordell Edwards, 34, of Kansas City, Mo., was sentenced on March 7, 2022, to five years in federal prison without parole. Michael E. Sims, 36, of Kansas City, Mo., was sentenced on June 28, 2022, to five years and five months in federal prison without parole. Cordarrel L. Scott, 36, of Kansas City, Mo., was sentenced on Dec. 15, 2020, to 18 months in federal prison without parole. Marco R. Maddox, 38, of Kansas City, Mo., was sentenced on May 27, 2022, to three years and five months in federal prison without parole. Cornelius Phelps, 36, of Lee’s Summit, Mo., was sentenced on April 27, 2022, to three years and 10 months in federal prison without parole. Herman G. Bell, 67, of Kansas City, Mo., was sentenced on June 22, 2022, to three years of probation.
Co-defendant Martin C. Garner, 35, of St. Louis, Mo., pleaded guilty on May 26, 2022, to his role in the drug-trafficking conspiracy and awaits sentencing.
Under federal statutes, Smith, Duncan, Franklin and Toombs each are subject to a mandatory minimum sentence of 10 years in federal prison without parole, up to a sentence of life in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendants will be determined by the court based on the advisory sentencing guidelines and other statutory factors. Sentencing hearings will be scheduled after the completion of presentence investigations by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorneys Ashleigh Ragner, Mary Kate Butterfield and Ben Hurst. It was investigated by the FBI, the Kansas City, Mo., Police Department, IRS-Criminal Investigation, and the Missouri State Highway Patrol.
KC Metro Strike Force
This prosecution was brought as a part of the Department of Justice’s Organized Crime Drug Enforcement Task Forces (OCDETF) Co-located Strike Forces Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations against a continuum of priority targets and their affiliate illicit financial networks. These prosecutor-led co-located Strike Forces capitalize on the synergy created through the long-term relationships that can be forged by agents, analysts, and prosecutors who remain together over time, and they epitomize the model that has proven most effective in combating organized crime. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking organizations, transnational criminal organizations, and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.
