Federal prosecutors say one student died and another nearly died after taking fentanyl they were allegedly told was cocaine.
NEW YORK — Two New York men have been indicted in a federal fentanyl distribution case after prosecutors said two Fashion Institute of Technology students were poisoned inside a Manhattan residence hall, leaving one dead and another seriously injured. One defendant is also accused of raping the student who later died while she was unconscious.
Moises Freire, 19, of the Bronx, and Brian Peralta Cabrera, 18, of Queens, are named in a three-count superseding indictment unsealed Oct. 15 in federal court in Manhattan. Prosecutors allege the men participated in a fentanyl distribution conspiracy from at least February through March. Freire is also charged with distributing a controlled substance resulting in death and serious bodily injury and with distributing a controlled substance with the intent to commit rape. The charges are allegations, and both men are presumed innocent unless proven guilty.
According to the indictment, Freire told Peralta Cabrera that he intended to give drugs to two female college students and wanted narcotics strong enough to last through the night. Prosecutors allege Peralta Cabrera then supplied fentanyl to Freire knowing that he planned to distribute drugs to the women. On March 18, Freire allegedly brought the fentanyl to the undergraduate residence hall where the students lived in Manhattan.
Federal authorities said Freire told the women the substance was “pure cocaine” and did not contain fentanyl. Prosecutors allege he had previously described the substance in messages as fake and as poison. Both students took the drug and lost consciousness almost immediately, according to the U.S. Attorney’s Office for the Southern District of New York. Toxicology testing later detected fentanyl but no cocaine in their systems, prosecutors said.
The indictment alleges Freire raped one of the students while she was suffering from acute fentanyl intoxication and was unconscious. Prosecutors said the woman never regained consciousness. She fell into a coma and died March 21, three days after the incident. The second student suffered serious injuries from fentanyl intoxication but survived after receiving emergency medical care. Federal court documents refer to the women as Victim-1 and Victim-2 and do not publicly identify them.
Authorities also allege Freire waited about 45 minutes before seeking help after the women became unconscious. During that period, prosecutors say he photographed the incapacitated students and sent images to other people. When campus security was eventually alerted, authorities said Freire initially represented the situation as involving excessive alcohol consumption. FIT officials said campus personnel assessed the emergency, administered naloxone and contacted city and federal authorities.
FIT President Jason Schupbach said in an Oct. 16 message to the campus community that neither of the two people charged in the superseding indictment was part of the FIT community. He said the college’s visitor policies had been followed on the morning of the incident and that public safety personnel acted after learning the students were unconscious. Schupbach said the school has continued reviewing its safety measures and now requires public safety supervisors to carry portable naloxone in addition to kits already stationed in residence halls.
Freire and Peralta Cabrera were first arrested in connection with the investigation in March and pleaded not guilty to earlier federal charges, according to court reporting. Those charges did not include the later allegation that Freire distributed fentanyl with the intent to commit rape. The two remained in federal custody after the superseding indictment was announced. A third defendant, Harry Rosales Pino, previously pleaded guilty to conspiracy to distribute narcotics resulting in death and serious bodily injury and is awaiting sentencing.
The fentanyl conspiracy charge carries a mandatory minimum sentence of 20 years in prison and a maximum of life if the defendants are convicted and the government proves the charged death and serious bodily injury. Freire’s separate distribution charge carries the same potential sentencing range, while the charge accusing him of distributing a controlled substance with intent to commit rape carries a maximum sentence of 20 years. Sentencing would occur only after a conviction or guilty plea and would be determined by a federal judge.
The case is being prosecuted by the U.S. Attorney’s Office for the Southern District of New York following an investigation involving the Drug Enforcement Administration and New York Police Department. FIT said the criminal investigation and related court proceedings remain active and that the school is limiting public disclosures to protect the victims, their families and the integrity of the case.
Author note: Last updated October 17, 2026.