NYC man part of family crack cocaine business sentenced to 7 years in prison

Posted May 13, 2013, at 5:47 p.m.
Last modified May 13, 2013, at 8:10 p.m.

BANGOR, Maine — Alfarabick Mally, also known as Jacob “Pinky” Garcia of New York City, went into the family business when he began running cocaine from the Big Apple to Bangor, a federal judge said Monday morning in sentencing him to seven years in prison, half of what was recommended under the federal sentencing guidelines.

In addition to prison time, U.S. District Judge John Woodcock sentenced Mally, 23, to five years of supervised release during an hour-long hearing in U.S. District Court.

The defendant said he got involved in bringing drugs to Bangor to help support his daughter, who now is 2.

“I understand the reason you got involved was that it was a business for you,” Woodcock told Mally shortly before imposing the sentence. “You need to know — and I think you do know now — that it’s a bad business.”

Mally pleaded guilty last year to a drug conspiracy charge. He is one of more than a dozen people charged in connection with a crack cocaine distribution ring that primarily operated out of adjacent Ohio Street apartments.

In January, he testified at the trial of Manuel “Fish” Trinidad-Acosta, 29, of New York City, and Edward Cogswell, 47, of Bangor.

Both men were found guilty on one count each of conspiracy to possess with the intent to distribute 28 grams or more of cocaine base, the same charge to which Mally pleaded guilty. Trinidad-Acosta also was found guilty of one count of possession of a firearm in furtherance of a drug crime.

Mally also convinced his step-brother, Jowenky “Bullet” Nunez, 30, of New York City, to plead guilty to the drug conspiracy charge about two weeks before the trial began and testify against the pair. Nunez, whose sentencing date has not been set, was scheduled to be tried with Trinidad-Acosta and Cogswell.

“I am truly sorry for the part I played in the conspiracy,” Mally told Woodcock on Monday. “That 21-year-old kid who first came before you in court — I’m not that kid no more. I came to my senses and gave my life to Christ.

“That was my old box,” Mally, whose father was convicted of a drug charge and deported to the Dominican Republic when he was 7, said. “I’m going to be the first in my family to break out of it.”

Mally brought the crack cocaine to Bangor on buses. He translated for co-conspirators who did not speak English as well as he does, deposited money into Cabrera’s bank accounts and kept watch on local dealers to make sure they were selling, not using the product, according to court documents.

Mally’s sibling, Kelvin Mally, 20, of New York City, was charged with the same drug conspiracy charge as his brothers. He has not been arrested and is considered to be a fugitive.

Because of his cooperation, Assistant U.S. Attorney Donald Feith, based in Concord, N.H., recommended Mally’s sentence be reduced by 50 percent. The reason Feith is prosecuting the Maine case has not been made public. Federal Public Defender Virginia Villa recommended Mally spend five years behind bars.

Another defendant, Robert “Ranger” L. Jordan II, of Florida pleaded guilty Monday afternoon in federal court in Bangor to the drug conspiracy charge. Woodcock ordered that he be detained pending sentencing.

Jordan was referred to during the January trial as the “idea man,” who approached Dawlin “Boss Man” Cabrera 30, of New York City in the fall of 2010 about supplying crack cocaine to the Bangor area. He had a falling out with Cabrera and moved to Florida in early 2011, according to court documents.

The ring operated between Sept. 4, 2010 and Nov. 4, 2011 under the name the Beer Factory Corp., according to court documents. Callers would refer to crack cocaine and powder cocaine by using the code words, “Heineken” and “Coors Light” respectively.

Mally faced a minimum of five years and a maximum of 40 years in federal prison and a fine of up to $5 million. Jordan faces the same sentence.

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