Federal prosecutors allege fentanyl disguised as cocaine poisoned two students and preceded a sexual assault inside a Manhattan residence hall.
NEW YORK — Two young men pleaded not guilty Wednesday to federal charges stemming from the fentanyl poisoning of two Fashion Institute of Technology students, one of whom died after prosecutors say she was sexually assaulted while unconscious in a Manhattan residence hall.
Moises Freire, 19, of the Bronx, and Brian Peralta Cabrera, 18, of Queens, appeared in federal court Oct. 28 after a superseding indictment expanded the case against them. Both are charged with participating in a conspiracy to distribute fentanyl that prosecutors say caused one student’s death and serious injury to another. Freire also faces charges alleging he distributed fentanyl resulting in death and serious bodily injury and distributed the drug with the intent to commit rape.
The charges grew out of an incident on March 18 in a residence hall used by FIT students. Federal prosecutors allege Freire brought fentanyl to the room where the two women lived and falsely represented the substance as cocaine. Investigators say both women lost consciousness shortly after taking it. Toxicology testing later showed that they had ingested fentanyl and no cocaine, according to prosecutors.
Prosecutors allege Freire knew the substance was dangerous before he brought it to the residence hall. The indictment says he had previously described it as fake and as poison. Authorities also allege he had told Peralta Cabrera that he wanted drugs strong enough to last through the night and potentially cause the women to become addicted. Peralta Cabrera is accused of supplying the fentanyl to Freire while knowing Freire planned to distribute drugs to the women.
While the students were unconscious, prosecutors allege Freire raped one of them. The indictment further alleges that he sent photographs of the unconscious women to other people and waited about 45 minutes before seeking medical assistance. When he eventually contacted campus security, prosecutors say, he initially claimed the women had consumed too much alcohol.
FIT public safety personnel responded and administered emergency aid, including Narcan, before both students were taken to Manhattan hospitals. One woman regained consciousness after treatment. The other remained critically ill and later died from complications of acute fentanyl intoxication, federal authorities said.
The superseding indictment contains three counts. Freire and Peralta Cabrera each face a charge of conspiracy to distribute a controlled substance resulting in death and serious bodily injury. That offense carries a mandatory minimum sentence of 20 years in prison and a maximum of life if a defendant is convicted. Freire separately faces a distribution charge carrying the same potential sentencing range and a charge of distributing a controlled substance with intent to commit rape, which carries a maximum sentence of 20 years.
Wednesday’s hearing moved the case into its next phase while leaving the allegations unresolved. Peralta Cabrera was released on $75,000 bail with home detention, according to a court report from the hearing. Freire remained in custody. As Peralta Cabrera left court, he offered condolences to the family of the student who died and expressed hope that the surviving student would recover.
The defendants have not been convicted of the allegations in the indictment. Federal prosecutors note that criminal charges are accusations and that both men are presumed innocent unless proven guilty. Attorneys for the defendants have previously challenged aspects of the government’s account, and the case is expected to continue through pretrial proceedings before any determination of guilt.
A third man has also been prosecuted in connection with the broader narcotics investigation. Federal authorities said Harry Rosales Pino pleaded guilty in September to a narcotics conspiracy charge resulting in death and serious bodily injury and is scheduled for sentencing in December. CBS News New York reported that the trial for Freire and Peralta Cabrera is expected to begin in March 2027.
Author note: Last updated October 29, 2026.