Bureau of Alcohol, Tobacco, Firearms and Explosives

BOSTON – Three Boston men were charged yesterday in federal court in Boston in connection with the robbing a T-Mobile store in Brockton and shooting at police officers as they fled the scene.

Diovanni Carter, 29, Darius Carter, 28, and Stephan Rosser-Stewart, 26, were indicted yesterday on charges of interference with commerce by robbery; conspiracy to interfere with commerce by robbery; discharging, brandishing, using and carrying a firearm during the commission of a crime of violence; and being felons in possession of firearms and ammunition. The defendants were previously charged by the state. The Court has not yet scheduled an arraignment date.

On Jan. 26, 2019, Darius Carter and Rosser-Stewart entered a T-Mobile store in Brockton at approximately 7:11 p.m.  It is alleged the men were carrying a semi-automatic firearm, which they pointed at the store manager as they demanded cash and electronics. Darius Carter struck the store manager in the head with a firearm as he demanded that the manager open the door to a rear room with a large safe containing cell phones and cash. The men allegedly stole approximately $25,000 in cash and electronics, left the store, and fled in a getaway vehicle driven by Diovanni Carter, who is alleged to be the leader of the group and orchestrated the plan.

Brockton Police responded and located the getaway vehicle. A high speed chase ensued that reached over 70 mph in residential neighborhoods. During the chase, Darius Carter and Rosser-Stewart allegedly fired nine rounds at the pursuing police cruisers.

Law enforcement apprehended Darius Carter and Rosser-Stewart and recovered the stolen phones, cash, and three firearms used in robbery. The defendants were wearing clothes consistent with those worn in store video surveillance. Diovanni Carter remained a fugitive until March 5, 2019, when he was apprehended by law enforcement.

All of the charged defendants were prohibited from possessing firearms and ammunition due to prior criminal convictions.

The charge of interference with commerce by robbery provides for a sentence of no greater than 20 years in prison, five years of supervised release, and a fine of up to $250,000. The charge of being a felon in possession of ammunition provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of up to $250,000. The charge of use of a firearm during the commission of a crime of violence provides for a sentence of up to life in prison, and a mandatory consecutive term of imprisonment ranging from five years for the possession of a firearm, seven years for the brandishing of a firearm, and 10 years for the discharge of a firearm. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; John Gibbons, U.S. Marshal of the District of Massachusetts; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Plymouth County District Attorney Timothy J. Cruz; Plymouth County Sheriff Joseph D. McDonald Jr.; and Brockton Police Chief John Crowley made the announcement today. Assistant U.S. Attorneys Philip Mallard and John Wortmann of Lelling’s Organized Crime and Gang Unit are prosecuting the case.

This prosecution is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

The details contained in the indictments are allegations. The defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

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