Federal prosecutors say two students lost consciousness after taking fentanyl presented as cocaine inside a Manhattan residence hall in March.
NEW YORK CITY, NY — A 19-year-old Bronx man has been charged with giving fentanyl to two Fashion Institute of Technology students after falsely telling them it was cocaine, then raping one woman while she was unconscious, federal prosecutors said. The woman never regained consciousness and later died.
Federal prosecutors unsealed a three-count superseding indictment Thursday against Moises Freire and Brian Peralta Cabrera, 18, of Queens. Both are accused of taking part in a fentanyl distribution conspiracy that resulted in the death of one student and serious injuries to another. Freire also faces charges of distributing fentanyl resulting in death and serious bodily injury and distributing a controlled substance with the intent to commit rape. The charges are accusations, and both defendants are presumed innocent unless proven guilty.
According to the indictment, Freire and Peralta Cabrera participated in a fentanyl distribution conspiracy from at least February through March. Prosecutors allege Freire told Peralta Cabrera that he wanted drugs strong enough to last through the night when he met with the two women. Peralta Cabrera later supplied fentanyl to Freire while knowing that Freire planned to provide drugs to the women, prosecutors said.
On March 18, Freire brought the fentanyl to the undergraduate residence hall where the women lived while attending college in Manhattan, according to prosecutors. He allegedly told them the substance was pure cocaine and did not contain fentanyl, even though prosecutors say he had previously described it in messages as fake and poisonous. Freire encouraged the women to take the substance but did not take it himself that night, the indictment alleges.
Both women lost consciousness almost immediately, prosecutors said. Authorities allege Freire then raped one of the students while she was incapacitated. The indictment does not publicly name either woman. The surviving student received emergency treatment and regained consciousness. The other woman remained in critical condition and died March 21 from complications of acute fentanyl intoxication, according to prosecutors and court records.
Prosecutors allege Freire did not immediately seek emergency help after the women became unconscious. They say he waited about 45 minutes and sent photographs of the women to other people before approaching campus security. When he did seek assistance, prosecutors say, he initially told security personnel that the women had consumed too much alcohol. Campus personnel provided emergency aid, including Narcan, and both women were taken to Manhattan hospitals. Toxicology testing later showed that both had ingested fentanyl and no cocaine, prosecutors said.
The Fashion Institute of Technology confirmed Friday that the March incident involved two members of its community and a registered visitor who was not affiliated with the school. FIT President Jason Schupbach said residence-hall visitation policies had been followed and that campus security responded after learning the students were unconscious. He said security personnel administered Narcan, summoned outside authorities and detained the suspect. The school held a celebration of life for the student who died the following week.
Freire and Peralta Cabrera were arrested after the March incident and pleaded not guilty to earlier charges that did not include the rape allegation, according to court reporting. They have remained in federal custody and, as of Friday, had not yet been arraigned on the superseding indictment. At an April hearing, Freire’s lawyer, Mitchell Schwartz, described the student’s death as a tragedy but disputed the government’s characterization that Freire had been trying to ply the women with drugs. Prosecutors later added the charge alleging that Freire distributed fentanyl with the intent to commit rape.
A third man connected to the alleged drug distribution, Harry Rosales Pino, pleaded guilty in September to conspiracy to distribute narcotics resulting in death and serious bodily injury. Prosecutors have not accused Peralta Cabrera or Rosales Pino of participating in the alleged sexual assault. The government says its case against Freire and Peralta Cabrera is being prosecuted by the Narcotics Unit of the U.S. Attorney’s Office for the Southern District of New York.
The conspiracy charge against both defendants carries a mandatory minimum sentence of 20 years in prison and a maximum of life if they are convicted, according to the U.S. Attorney’s Office. Freire faces the same sentencing range on the separate distribution charge resulting in death and serious bodily injury, while the charge alleging distribution with intent to commit rape carries a maximum sentence of 20 years. The criminal case remains pending in federal court in Manhattan.
Author note: Last updated October 17, 2026.