A 12-year-old boy was sitting in a parked Brooklyn car when, prosecutors say, three alleged gang members mistook it for a rival’s and opened fire

Three alleged members of a Brooklyn gang have been indicted on federal racketeering and firearm-related murder charges in connection with the 2022 drive-by shooting that killed 12-year-old Kade Lewin. Prosecutors allege the men opened fire on a parked car they believed belonged to a rival gang member, but the boy was sitting inside instead, the U.S. Attorney’s Office for the Eastern District of New York said.

The defendants are Ousmane Diallo, 24, also known as “Ous” and “OP,” Mayel Bussereth, 26, also known as “MB,” and Jonah Luc, 25, also known as “Jojo” and “Twin.” All three are from Brooklyn, and prosecutors allege they are members of the ICG Babiez, a subgroup of the nationwide Insane Crip Gangsters street gang. The indictment was unsealed in federal court in Brooklyn, and the men were set to be arraigned before U.S. Magistrate Judge Marcia M. Henry.

If convicted, the three men face a maximum penalty of life in prison or death. They are presumed innocent unless and until proven guilty in court. U.S. Attorney Joseph Nocella, Jr. said, “As alleged, the defendants murdered a 12-year-old boy and shot another victim in a drive-by shooting in Brooklyn.”

Prosecutors say the person they were after wasn’t even in the car

Prosecutors claim that on March 31, 2022, the three men drove from Crown Heights to East Flatbush looking for a rival gang member. Court documents allege they circled the block near East 56th Street and Linden Boulevard several times before spotting a parked car they believed their rival was sitting in.

Diallo, Bussereth, and Luc then allegedly opened fire on the vehicle. Prosecutors say their intended target was not inside, but Kade was, and he was killed in the shooting. A second bystander was also struck by gunfire and survived.

Pete Gizas, the Acting Special Agent in Charge for Homeland Security Investigations (HSI) New York, called the alleged shooting a “chilling and remorseless act of violence” that killed a child and injured a bystander. He said HSI is working with its partners to disrupt violent gangs and protect the neighborhoods they put at risk.

NYPD Commissioner Jessica S. Tisch said, “These defendants, members of the Insane Crip Gangsters gang, allegedly opened fire on a Brooklyn street and killed a 12-year-old child.” Tisch also briefed reporters after the Grand Central machete attack earlier this year. She called the case another example of the department’s work to take down gangs that endanger communities.

Kings County District Attorney Eric Gonzalez said Kade “was just 12 years old when his life was tragically cut short by senseless gun violence.” He said his office has worked closely with law enforcement partners since that night to bring those responsible to justice.

Court filings describe ICG as a nationwide street gang that operates in and around Brooklyn. Prosecutors allege its members and associates commit acts of violence, including murder, attempted murder, and assault, to raise their standing within the gang and promote its presence. They say this pattern has led to retaliatory shootings in neighborhoods like Crown Heights and Flatbush.

The case is being handled by the office’s Organized Crime and Gangs Section, with Assistant U.S. Attorneys Irisa Chen, Megan Larkin, and Daniel J. Marcus prosecuting.