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128.

Sample Indictment— 18 U.S.C. § § 241, 245(b)(2)(F) and 18 U.S.C. § 2

UNITED STATES DISTRICT COURT FOR THE

EASTERN DISTRICT OF NORTH CAROLINA

RALEIGH DIVISION

NO. _________________

UNITED STATES OF AMERICA

INDICTMENT

v. 18 U.S.C. 𨵉

18 U.S.C. 𨵍(b)(2)(F)

18 U.S.C. ڈ

LLOYD RAY PICHE

The Grand Jury charges that:

COUNT ONE

Beginning on or about July 28, 1989, and continuing until on or about July 29, 1989, in and near the "Cue N Spirits", a place of public accomodation in Raleigh, North Carolina, in the Eastern District of North Carolina, defendant LLOYD RAY PICHE did willfully and knowingly conspire and agree with another person known to the grand jury willfully to injure, oppress, threaten and intimidate Lanh Tang, Ming Hai Loo, Chi Cuong Ta, Ton That Thai Nguyen, Tai Trong Le, Hong Thanh Nguyen, and Minh Van Lam, who were then inhabitants of the State of North Carolina, in the free exercise and enjoyment of the right secured to them by the Constitution and laws of the United States to the full and equal enjoyment of the services, facilities, and accommodations of any place of public accommodation without discrimination on the ground of race, color and national origin, which conspiracy resulted in the death of Ming Hai Loo.

It was part of the plan and purpose of the conspiracy that the defendant LLOYD RAY PICHE and another person known to the grand jury would threaten, intimidate and assault Lanh Tang, Ming Hai Loo, Chi Cuong Ta, Ton That Thai Nguyen, Tai Trong Le, Hong Thanh Nguyen, and Minh Van Lam, because of their race, color and national origin and because they were enjoying the facilities and services of a place of public accommodation.

OVERT ACTS

In furtherance of the conspiracy and to accomplish its objective, the conspirators committed the following overt acts, among others, in the Eastern District of North Carolina:

  1. On or about July 28, 1989, while inside the "Cue N Spirits" during the evening hours, defendant LLOYD RAY PICHE, aided and assisted by a conspirator known to the grand jury, repeatedly approached the pooltable being used by Lanh Tang, Ming Hai Loo, Chi Cuong Ta, Ton That Thai Nguyen, Tai Trong Le, Hong Thanh Nguyen, and Minh Van Lam in order to intimidate and harass them by using racially derogatory language and by threatening to use force and violence against them.

  2. While continuing to make harassing remarks and while remaining inside the "Cue N Spirits", Lloyd Piche did physically intimidate Lanh Tang.

  3. After LLOYD PICHE and another conspirator known to the grand jury left the "Cue N Spirits", defendant LLOYD PICHE assaulted Lanh Tang by forcibly holding Lanh Tang down for the purpose of allowing the conspirator to strike Lanh Tang with a shotgun.

  4. After breaking the shotgun, the conspirator known to the grand jury obtained a loaded pistol and chased Lanh Tang.

  5. The conspirator known to the grand jury then assaulted Ming Hai Loo by striking him with the loaded pistol causing injuries which resulted in Ming Hai Loo's death.

  6. After the assault on Ming Hai Loo and while Ming Hai Loo was laying on the ground bleeding, the defendant LLOYD RAY PICHE challenged Ming Hai Loo to continue fighting and harrassed the individuals who were providing medical assistance to Ming Hai Loo.

All in violation of Title 18, United States Code, Section 241.

COUNT TWO

On or about July 28, 1989, in Raleigh, North Carolina in the Eastern District of North Carolina, defendant LLOYD RAY PICHE, aided and abetted by a person known to the grand jury, did by force and threat of force, willfully intimidate and interfere, and attempt to intimidate and interfere, with Lanh Tang, because of his race, color, and national origin, and because he was enjoying the goods and services of the "Cue N Spirits", a facility which serves the public and is principally engaged in selling beverages for consumption on the premises and is a place of entertainment.

All in violation of Title 18, United States Code, Sections 2 and 245(b)(2)(F).

COUNT THREE

On or about July 28, 1989, in Raleigh, North Carolina in the Eastern District of North Carolina, defendant LLOYD RAY PICHE, aided and abetted by a person known to the grand jury, did by force and threat of force, willfully injure, intimidate and interfere, and attempt to injure, intimidate and interfere, with Ming Hai Loo, because of his race, color, and national origin, and because he was enjoying the goods and services of the "Cue N Spirits", a facility which serves the public and is principally engaged in selling beverages for consumption on the premises and is a place of entertainment, resulting in bodily injury to, and the death of Ming Hai Loo.

All in violation of Title 18, United States Code, Sections 2 and 245(b)(2)(F).

COUNT FOUR

On or about July 28, 1989, in Raleigh, North Carolina in the Eastern District of North Carolina, defendant LLOYD RAY PICHE, aided and abetted by a person known to the grand jury, did by force and threat of force, willfully intimidate and interfere, and attempt to intimidate and interfere, with Chi Cuong Ta, because of his race, color, and national origin, and because he was enjoying the goods and services of the "Cue N Spirits", a facility which serves the public and is principally engaged in selling beverages for consumption on the premises and is a place of entertainment.

All in violation of Title 18, United States Code, Sections 2 and 245(b)(2)(F).

COUNT FIVE

On or about July 28, 1989, in Raleigh, North Carolina in the Eastern District of North Carolina, defendant LLOYD RAY PICHE, aided and abetted by a person known to the grand jury, did by force and threat of force, willfully intimidate and interfere, and attempt to intimidate and interfere, with Ton That Thai Nguyen, because of his race, color, and national origin, and because he was enjoying the goods and services of the "Cue N Spirits", a facility which serves the public and is principally engaged in selling beverages for consumption on the premises and is a place of entertainment.

All in violation of Title 18, United States Code, Sections 2 and 245(b)(2)(F).

COUNT SIX

On or about July 28, 1989, in Raleigh, North Carolina in the Eastern District of North Carolina, defendant LLOYD RAY PICHE, aided and abetted by a person known to the grand jury, did by force and threat of force, willfully intimidate and interfere, and attempt to intimidate and interfere, with Tai Trong Le, because of his race, color, and national origin, and because he was enjoying the goods and services of the "Cue N Spirits", a facility which serves the public and is principally engaged in selling beverages for consumption on the premises and is a place of entertainment.

All in violation of Title 18, United States Code, Sections 2 and 245(b)(2)(F).

COUNT SEVEN

On or about July 28, 1989, in Raleigh, North Carolina in the Eastern District of North Carolina, defendant LLOYD RAY PICHE, aided and abetted by a person known to the grand jury, did by force and threat of force, willfully intimidate and interfere, and attempt to intimidate and interfere, with Hong Thanh Nguyen, because of his race, color, and national origin, and because he was enjoying the goods and services of the "Cue N Spirits", a facility which serves the public and is principally engaged in selling beverages for consumption on the premises and is a place of entertainment.

All in violation of Title 18, United States Code, Sections 2 and 245(b)(2)(F).

COUNT EIGHT

On or about July 28, 1989, in Raleigh, North Carolina in the Eastern District of North Carolina, defendant LLOYD RAY PICHE, aided and abetted by a person known to the grand jury, did by force and threat of force, willfully intimidate and interfere, and attempt to intimidate and interfere, with Minh Van Lam, because of his race, color, and national origin, and because he was enjoying the goods and services of the "Cue N Spirits", a facility which serves the public and is principally engaged in selling beverages for consumption on the premises and is a place of entertainment.

All in violation of Title 18, United States Code, Sections 2 and 245(b)(2)(F).

A TRUE BILL

_____________________________

FOREMAN

__________________________

Suzanne Drouet

Attorney, Criminal Section

U.S. Department of Justice

__________________________

Marvin Krislov

Attorney, Criminal Section

U.S. Department of Justice

[cited in Civil Rights Resource Manual 60]