“O.N.E.” sounds like the name of a ‘boy band’ to me but turns out it’s a violent criminal enterprise. If it had been a boy band, perhaps Josh Gilbert would’ve been ‘the cute one’ or ‘the shy one.’ Maybe ‘the rebel.’
In real life though, he’s the murdering one.
Gilbert was convicted by a jury of a racketeering conspiracy. He had been indicted with 14 other members and associates of a street gang known as O.N.E. (which is short for the uninspired ‘Original North End’).
Gilbert’s role in the conspiracy involved him committing a murder in furtherance of the gang’s affairs. That’s how the Racketeer Influenced and Corrupt Organizations (“RICO”) Act works.
First, there must be an “enterprise.” It need not be an official organization (e.g., a legally incorporated business), though it can be. But it’s enough just being a group of people “associated in fact.” Like a street gang. That a group has a name adds evidence that it is an enterprise. So do things like a secret handshake, a hand sign, common clothing, or a logo. O.N.E. had all these.
A person who conspires to or commits a “pattern of racketeering activity” (which is to say, two or more crimes – or ‘predicate acts’ – from a specified list of crimes) in a 10-year period on behalf of the enterprise, violates RICO.
The predicate acts that RICO sets out include generic crimes like murder, arson, and robbery but also specific enumerated federal statutes.
Gilbert did not dispute that he was a member of a criminal enterprise or that he conspired to achieve its ends. He disputed, however, that he participated in the murder of a rival known as “Breezo.”
(These gang members and their nicknames!)
After trial, Gilbert moved for a judgment of acquittal (a very high bar) or a new trial (a less high – but still high – bar). He argued there simply wasn’t any forensic evidence linking him to the shooting death of Breezo. The jury’s verdict was, by his telling, nothing more than ‘guilt by association.’ (He was tried with a co-defendant after his request to be tried separately was denied.)
But the government wove a “mosaic of evidence” to support the conviction. It included extensive social media posts and messages, and multiple instances of rap lyrics descriptive of the murder. And despite his claim, firearm forensics did play a role by connecting several related shootings.
He also objected to the admission of ShotSpotter evidence, which provided background on the many shootings in the area, but the court’s jury instructions put the evidence in appropriate context. It was properly admitted.
For anyone curious about the inner workings of a street gang, and the role of slang and taunts, of credibility and status, of culture and guns, the court’s opinion paints a vivid picture. It is a lifestyle that is both fascinating and sad.
I imagine that “Lor” (yes, Gilbert also had a nickname) will appeal. Until then, his conviction stands.
You can read the decision here.