2 NYC men charged in fentanyl death of college student, alleged campus rape

Two New York City men are facing federal charges after prosecutors say fentanyl disguised as cocaine killed a college student, nearly killed another and led to the alleged sexual assault of one of the victims in a campus dorm earlier this year in Manhattan.

Moises Freire, 19, of the Bronx and Brian Peralta Cabrera, 18, of Queens are accused of conspiring to distribute fentanyl that was falsely represented as cocaine to two college students in March, according to an indictment released Thursday by The U.S. Attorney's Office for the Southern District of New York.

Federal prosecutors allege Freire brought the fentanyl to the victims' residence hall on March 18 and told the women the substance was "pure cocaine," despite allegedly knowing it contained fentanyl. After the women ingested the drug, both quickly lost consciousness, according to the indictment.

Federal authorities further allege that Freire sexually assaulted one of the women while she was unconscious. Prosecutors say he then waited about 45 minutes before seeking help and initially told campus security that the women had consumed too much alcohol.

Both students were taken to hospitals after security personnel administered emergency aid, including Narcan. Toxicology testing later confirmed the women had ingested fentanyl and not cocaine, prosecutors said.

One student survived after receiving life-saving treatment. The other remained in critical condition and later died from complications of acute fentanyl intoxication, according to the U.S. Attorney's Office.

Investigators allege Freire previously told Peralta Cabrera he wanted drugs that would "last the entire night" and could cause users to become addicted. 

Freire and Peralta Cabrera are each charged with conspiracy to distribute a controlled substance resulting in death and serious bodily injury, a charge that carries a mandatory minimum sentence of 20 years in prison and a maximum sentence of life imprisonment.

Freire also faces additional charges of distributing a controlled substance resulting in death and serious bodily injury, as well as distributing a controlled substance with intent to commit rape.

The case is being prosecuted by the U.S. Attorney's Office for the Southern District of New York.