Man allegedly murdered food mart worker to get into gang

BUFFALO, N.Y. (WIVB) – A Buffalo man has been indicted by a federal grand jury of fatally shooting a food mart worker in November 2010.

The U.S. Attorney’s Office said 21-year-old Tre Smitherman was trying to gain entry into the Bailey Boys gang when he shot and killed Charles Myles-Jones at the Super-Stop Food Mart at Kensington and Thatcher Avenues.

A grand jury handed up a two-count indictment that charges Smitherman with committing a murder in aid of a racketeering enterprise and possessing and using a firearm. His indictment will be tried with an indictment pending against 10 other alleged members of the Bailey Boys.

The Bailey Boys are a criminal gang that sold drugs and engaged in violence around Winspear Avenue, the Kensington Expressway, Eggert Road and Main Street, according to prosecutors. Smitherman was only 17-and-a-half at the time he allegedly murdered Myles-Hones, who was working at the food mart at the time.

Prosecutors say Smitherman was trying to prove himself in order to gain entry into the gang. His case was transferred to adult status by order of Chief United States District Judge William M. Skretny.

Smitherman could face up to life in prison and a $250,000 fine on each of the two counts upon conviction.

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