Two Kansas City, Mo., men who were part of a violent street gang have been sentenced in federal court for their roles in a drug-trafficking conspiracy and other violent criminal behavior that included illegal firearms and a drive-by shooting outside a daycare center where children were present.
David J. Duncan, IV, also known as “Deej” or “DJ,” 34, and Gary O. Toombs, 43, were sentenced in separate appearances before U.S. District Judge Greg Kays on Tuesday, Sept. 26. Duncan was sentenced to 30 years in federal prison without parole. Toombs was sentenced to 12 years and seven months in federal prison without parole.
On Sept. 15, 2022, Duncan and Toombs were found guilty at trial of participating in a conspiracy to distribute heroin, cocaine, oxycodone, and marijuana from Jan. 1, 2011, to Oct. 1, 2019.
Co-defendants Ladele D. Smith, also known as “Dellio” and “Dog,” 36, and Roy Franklin, Jr., 34, both of Kansas City, Mo., also were convicted during the same trial and were sentenced on Sept. 18, 2023. Smith was sentenced to 35 years in federal prison without parole. Franklin was sentenced to 30 years in federal prison without parole.
The investigation into the 246 street gang, operating in the Kansas City metropolitan area, began in June 2017. The gang is an alliance of gang members from the 24th, 43rd, and 68th streets of Kansas City, Mo. Smith was identified as a leader of the gang, and Franklin, Duncan and Toombs as members of the gang.
Duncan and Smith are local rap artists who often posted to social media platforms, such as YouTube, with references to the 246 gang. In some of the videos, they display firearms and large amounts of cash. The social media posts also portrayed Smith and others wearing expensive jewelry, watches, hats, clothing and tactical vests that depicted 246 gang affiliation.
Members of the 246 gang used a residence in the 4400 block of Kensington, which is within 1,000 feet of George Washington Carver Dual Language School, a public elementary school, for gang and drug-trafficking business. No one utilized the house as a primary or permanent residence. On Oct. 2, 2019, law enforcement officers executed a search warrant at the house and seized 295 grams of heroin as well as two assault rifles and a stolen vehicle that had been used in a drive-by shooting the previous month. According to court documents, the drive-by shooting was done at Duncan’s direction. Officers also found a Glock 9mm semi-automatic pistol and a Century Arms International 7.62x39mm pistol under the couch in the living room and a Glock .40-caliber semi-automatic pistol on the kitchen cabinet.
Duncan was arrested at his apartment on Oct. 2, 2019. Officers searched his residence and found a Zastava 7.62 x 39mm rifle, a Norinco 7.62 x 39mm rifle, a Glock 9mm semi-automatic pistol, two loaded rifle magazines, and a loaded handgun magazine under the bed in a bedroom. Officers found $7,100 in cash and four bags that contained a total of 179 pills, a total of more than two kilograms of oxycodone, in the living room.
Duncan also was found guilty of one count of drive-by shooting, one count of discharging a firearm in furtherance of a violent crime, one count of possessing oxycodone the intent to distribute, one count of possessing a firearm in furtherance of a drug-trafficking crime, and five counts of money laundering related to the purchases of money orders with drug-trafficking proceeds. Those money orders, according to court documents, were used to pay rent for his apartment and a payment on his Dodge Charger. Duncan laundered at least $272,231 in cash deposits, purchases, and money orders, according to court documents.
Toombs Smith and Franklin also were found guilty at trial of participating in a conspiracy to possess firearms in furtherance of a drug-trafficking crime. In addition to the two conspiracies, Toombs was found guilty of maintaining a residence for the purpose of manufacturing, distributing, and using controlled substances.
Smith and Franklin also were convicted of multiple counts that charged them with various drug-trafficking and firearms crimes.
Duncan and Toombs are the final defendants to be sentenced in this case. In addition to the four defendants who were convicted at trial, 14 defendants in this case pleaded guilty and have been sentenced.
This case is being prosecuted by Assistant U.S. Attorneys Ashleigh Ragner, Mary Kate Butterfield and Ben Hurst. It was investigated by the FBI, the Kansas City, Mo., Police Department, IRS-Criminal Investigation, and the Missouri State Highway Patrol.
