In a recent federal court ruling, two individuals hailing from Kansas City, Missouri, and known to be associated with a violent street gang, have been handed sentences for their involvement in a drug-trafficking conspiracy, as well as various other violent criminal activities. These illicit activities included the possession of illegal firearms and a drive-by shooting incident outside a daycare facility where innocent children were present.
The two men, David J. Duncan, IV, also known as “Deej” or “DJ,” aged 34, and Gary O. Toombs, aged 43, received their sentences separately in appearances before U.S. District Judge Greg Kays on Tuesday, September 26. Duncan was handed a 30-year federal prison sentence without the possibility of parole, while Toombs received a sentence of 12 years and seven months in federal prison without the possibility of parole.
Their convictions, which took place on September 15, 2022, stemmed from their participation in a conspiracy to distribute various drugs, including heroin, cocaine, oxycodone, and marijuana, spanning from January 1, 2011, to October 1, 2019.
During the same trial, co-defendants Ladele D. Smith, also known as “Dellio” and “Dog,” aged 36, and Roy Franklin, Jr., aged 34, both residents of Kansas City, Missouri, were also found guilty and subsequently sentenced on September 18, 2023. Smith received a 35-year federal prison sentence without parole, while Franklin was sentenced to 30 years in federal prison without the possibility of parole.
This extensive investigation targeted the 246 street gang, operating within the Kansas City metropolitan area. The gang is comprised of members from various sections of Kansas City, including the 24th, 43rd, and 68th streets. Smith was identified as a leader of the gang, with Duncan and Toombs recognized as members.
Notably, Duncan and Smith were local rap artists who frequently shared content on social media platforms like YouTube, often making references to the 246 gang. Some of their online posts featured them brandishing firearms and displaying large sums of money. These posts also showcased Smith and others wearing expensive jewelry, watches, hats, clothing, and tactical vests displaying their affiliation with the 246 gang.
The 246 gang utilized a residence within 1,000 feet of George Washington Carver Dual Language School, a public elementary school located in the 4400 block of Kensington, for conducting their gang-related and drug trafficking operations. It’s important to note that this residence was not used as a primary or permanent residence. In a law enforcement operation on October 2, 2019, officers executed a search warrant at the house and seized 295 grams of heroin, along with two assault rifles and a stolen vehicle that had been used in a drive-by shooting just a month prior. Court documents suggest that Duncan orchestrated the drive-by shooting. Additionally, officers discovered a Glock 9mm semi-automatic pistol and a Century Arms International 7.62x39mm pistol hidden under a couch in the living room, as well as a Glock .40-caliber semi-automatic pistol found on the kitchen cabinet.
Duncan was apprehended at his apartment on October 2, 2019, where officers uncovered 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 beneath the bed in one of the bedrooms. In the living room, officers discovered $7,100 in cash and four bags containing a total of 179 pills, amounting to more than two kilograms of oxycodone.
Furthermore, Duncan was found guilty of several charges, including drive-by shooting, discharging a firearm in connection with a violent crime, possessing oxycodone with the intent to distribute, possessing a firearm in relation to a drug-trafficking crime, and five counts of money laundering associated with the use of drug-trafficking proceeds to purchase money orders. Court records indicate that Duncan laundered no less than $272,231 in cash through various deposits, purchases, and money orders.
Toombs, Smith, and Franklin were also convicted during the trial of participating in a conspiracy to possess firearms for the purpose of furthering drug trafficking. In addition to these conspiracy charges, Toombs was found guilty of maintaining a residence for manufacturing, distributing, and using controlled substances. Smith and Franklin faced multiple counts related to drug trafficking and firearms offenses.
With the sentencing of Duncan and Toombs, all defendants in this case have now received their sentences. In addition to the four individuals convicted at trial, 14 other defendants in this case pleaded guilty and have been sentenced.
This case was prosecuted by Assistant U.S. Attorneys Ashleigh Ragner, Mary Kate Butterfield, and Ben Hurst, and it was the result of a collaborative investigation involving the FBI, the Kansas City, Missouri Police Department, IRS-Criminal Investigation, and the Missouri State Highway Patrol.
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