5 charged with murder in Westchester smoke shop shootout that killed 2, FBI investigation continues

The scene in Mount Vernon where a double fatal shooting happened on March 19, 202
The scene in Mount Vernon where a double fatal shooting happened on March 19, 2024. Photo credit Jonathan Bandler / USA TODAY NETWORK

MOUNT VERNON (1010 WINS/WCBS 880) – A shootout and robbery in Mount Vernon on Tuesday left two men dead—and the Department of Justice announced on Wednesday that five men were arrested and charged with murder in the incident, as an FBI investigation continues.

Ilario Contreras, 23; Jerpi Diaz-Feliz, 25; Jhoan Diaz-Feliz, 23; Victor Jimenez, 35; and Joseph Perez, 26 were arrested and presented to a judge on Wednesday.

Surveillance video from outside of the warehouse where the shooting occurred.
Surveillance video from outside of the warehouse where the shooting occurred. Photo credit Department of Justice

The defendants are charged with one count of conspiracy to commit Hobbs Act Robbery, one count of conspiracy to engage in drug trafficking, one count of possessing and discharging a firearm in furtherance of drug trafficking activity and murder through the use of a firearm in furtherance of a drug trafficking crime.

Almost every charge carries a maximum sentence of life in prison, excluding the conspiracy to commit robbery charge, which carries a maximum sentence of 20 years. The murder charge carries a maximum sentence of life in prison, or the death penalty, the DOJ said.

The sentencing of the defendants will be determined by a judge at a later date.

“The defendants’ alleged brazen actions demonstrated extreme disregard for public safety and posed a significant threat to the community,” FBI Assistant Director in Charge James Smith said. “The FBI will not cease its relentless pursuit of those who choose violence, especially using firearms, to further their criminal behavior.”

As many as 15 people may have been involved in the shootout and robbery at 137 South Fifth Ave. around 12:15 a.m. Tuesday in which smoke shop workers exchanged gunfire with robbers, authorities said. The DOJ said that in addition to the five defendants, others were involved in the incident.

One of the victims was a robbery affiliate, while the other was an employee of the smoke shop, which is accused of selling various unlicensed marijuana and nicotine products.

The scene in Mount Vernon where a double fatal shooting happened on March 19, 2024
The scene in Mount Vernon where a double fatal shooting happened on March 19, 2024. Photo credit Jonathan Bandler / USA TODAY NETWORK

As alleged in the criminal complaint filed Wednesday, as employees in the smoke shop were assisting customers, about 10 to 15 people, including the defendants, approached the crowd with weapons and forced them into the warehouse at gunpoint.

Shortly after this interaction, a gunfight between warehouse employees and defendants broke out, killing an employee and robber.

The FBI released an image Tuesday night of an additional man they want to question in the case. They said he may go by the name “Marcos.” Anyone with information is asked to call FBI New York at 212-384-1000.

Mount Vernon police and the NYPD are also involved in the investigation.

On Tuesday night, law enforcement followed a Honda minivan linked to the shooting to a location near Fordham University. Officers in tactical gear were seen descending on the area in large numbers around 7:30 p.m.

Anyone with information about the case is encouraged to contact the FBI at 1-800-Call-FBI or tips.fbi.gov.

Police were seen in large numbers in Belmont, the Bronx, on Tuesday night in connection with the investigation into the shooting in Westchester
Police were seen in large numbers in Belmont, the Bronx, on Tuesday night in connection with the investigation into the shooting in Westchester. Photo credit Citizen App
Featured Image Photo Credit: Jonathan Bandler / USA TODAY NETWORK/FBI