2 men charged in alleged rape, fentanyl death of NYC college student

A college student died after being drugged and raped in her dorm room in March, prosecutors said, and two New York City men are facing federal charges in the case.

A second student was also drugged but survived, according to a three-count indictment released on Oct. 15 by the U.S. Attorney's Office for the Southern District of New York.

Moises Freire, 19, and Brian Peralta Cabrera, 18, are accused of conspiring to distribute fentanyl falsely represented as cocaine to two female students at a college residence hall in Manhattan, New York. Prosecutors also accused Freire of raping one of the students while she was unconscious after taking the drug.

The indictment does not name the college or say how old the women are or where they are from.

What prosecutors allege happened in NYC dorm room

Freire allegedly acquired the fentanyl from Cabrera and on March 18 brought it the students' dorm, where he told the women it was "pure cocaine," despite knowing it contained fentanyl. After the women took the drug, both "immediately lost consciousness," according to the indictment.

Prosecutors said Freire then raped one of the students, and took photos of both women while they were unconscious and texted the images to other people. He then waited 45 minutes before contacting campus security, saying the women had consumed too much alcohol, according to charging documents.

Both women were taken to hospitals after campus security personnel administered emergency aid, including Narcan. Toxicology testing later confirmed the women had ingested fentanyl, prosecutors said. The woman who was allegedly raped remained in critical condition until she died on March 21.

The Office of the Chief Medical Examiner determined the woman died of complications "from acute fentanyl intoxication," the indictment reads. No other drugs were found in her system, the office reported.

NYPD commissioner: 'Truly unconscionable'

“Moises Freire and Brian Peralta Cabrera’s actions were truly unconscionable,” said New York Police Commissioner Jessica Tisch. “Rather than immediately seek help, Freire allegedly first raped the incapacitated victim who died and then lied to first responders. These actions are as sick and twisted as they come."

“This Office remains committed to protecting college communities against the extraordinary danger posed by those who weaponize narcotics to exploit vulnerable victims," U.S. Attorney Jamie McDonald said in a statement released by his office.

Both defendants are charged with conspiracy to distribute a controlled substance resulting in death and serious bodily injury. The charge carries a minimum sentence of 20 years in prison and a maximum sentence of life in prison.

Freire is also charged with distribution of a controlled substance resulting in death and serious bodily injury distribution of a controlled substance with the intent to commit rape.

Freire and Cabrera's respective attorneys could not immediately be reached for comment.