Update: Shanna Smith has pleaded guilty.
A woman who allegedly lied to a federal grand jury about her cousin’s involvement in the death of man outside a party in Buffalo, New York, has been indicted and is facing up to 20 years in prison.
On July 17, 2019, Shanna Smith, 25, was arrested and charged with false declarations before a grand jury and obstruction of justice. She pled not guilty and was released on her own recognizance.
The murder of Xavier Wimes
According to prosecutors, Smith’s cousin Dalvon Curry, 23, is a member a street gang called CBL/BFL. CBL/BFL stands for “Cash Been Long” and “Brothers For Life”, among other things. Many members of the gang live in the Towne Gardens apartment complex on the east side of Buffalo.
CBL/BFL gang members threw a party at Towne Gardens on New Years Eve 2017. At some point after midnight, Curry got into an altercation with fellow gang member Xavier “Zave” Wimes. Wimes confronted Curry and hit him in the head with a bottle. Several gang members attacked Wimes and forced him into an apartment. Wimes jumped out of a window to escape, fracturing his ankle in the process. Curry allegedly shot him in a nearby parking lot.
The government apparently has surveillance video footage of the shooting.
Smith’s grand jury testimony
On July 11, 2018, Smith told investigators that she was present during the altercation between Curry and Wimes.
On July 31, 2018, Smith told a federal grand jury that she saw 20 men chase Wimes and jump him right before he was killed. She said she heard gunshots but didn’t see who shot him.
Smith also told the grand jury that she was holding Curry on her shoulders when he picked up a gun and threw it into the bushes, and that someone drove them to Buffalo General Medical Center because his head was gushing blood.
According to prosecutors, Curry was transported to Erie County Medical Center by a police officer who responded to the scene.
The indictment alleges that Smith did not see 20 men chasing Wimes, that she did not see Curry retrieve a gun from the grass and throw it into the bushes, and that she did not help him to a parking lot or accompany him to the hospital.
Smith’s trial is set to begin in May.
CBL/BFL gang indicted
In August 2018, thirteen members and associates of CBL/BFL were indicted on drug trafficking, racketeering, and weapons charges. According to the indictment, the gang distributed heroin, fentanyl, cocaine, marijuana, and other controlled substances. They also committed murders, robberies, and assaults. Members of the gang produced music videos and used social media to promote the gang and intimidate rivals.
Curry and fellow gang member Larell Watkins were each charged with one count of murder in aid of racketeering for the death of Wimes. Watkins allegedly supplied the murder weapon.
Curry was also charged with a second count of murder in aid of racketeering for the death of rival gang member Jaquan Sullivan. He pled not guilty and was ordered detained pending trial. Curry’s trial is set to begin on January 6, 2020.
Demetrius Lowry indicted for lying to grand jury
In May 2019, Demetrius “Little D” Lowry was indicted for lying to the same grand jury about the murder of Jaquan Sullivan. Sullivan was shot and killed in front of Lowry’s house on Parkdale Avenue on the evening of December 5, 2015. On December 8, 2015, Lowry met with homicide detectives and provided details of the shooting. He later claimed the information he had previously provided was wrong.
Lowry is facing up to 20 years in prison. He pled not guilty and was released on his own recognizance.
Update: Lowry pled guilty on October 23, 2019.