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NewsUS News · 29 Oct

Moises Freire and Brian Peralta Cabrera plead not guilty in New York student’s fentanyl death case

Two men have pleaded not guilty in a New York fentanyl case involving the death of an FIT student and allegations of rape.

Staff Reporter29 October 2026

Two men have pleaded not guilty in New York to federal drug conspiracy charges connected to the death of a 21-year-old fashion student, in a case that also involves allegations of rape while she was unconscious.

Illustration of a New York federal courthouse with the wording New York student death, two men plead not guilty
Images © Fish 4 News

Moises Freire, 19, and Brian Peralta Cabrera, 18, appeared before a federal judge in Manhattan on Wednesday 28 October 2026. Their court appearance followed the announcement of an updated indictment on 15 October.

The student who died has been identified in media reports as Annabel Richter, who attended the Fashion Institute of Technology (FIT). Another female student survived after emergency treatment.

For background on the original charges and the allegations outlined in the superseding indictment, read our earlier report on Annabel Richter’s death.

What prosecutors allege

According to the US Attorney’s Office for the Southern District of New York, Freire brought fentanyl to a Manhattan student residence hall on 18 March and falsely described the substance as cocaine. Prosecutors allege Peralta Cabrera had supplied the drugs to Freire, knowing he intended to distribute them to the students.

The indictment alleges that both women lost consciousness shortly after taking the substance. Prosecutors say Freire then raped the student who later died, circulated photographs of the unconscious women and waited approximately 45 minutes before seeking assistance. The prosecution also alleges that he initially told campus security the students had consumed too much alcohol.

Campus security administered emergency aid, including naloxone, also known by the brand name Narcan. The two students were taken to hospital. Prosecutors say toxicology tests identified fentanyl but no cocaine. Richter died on 21 March from complications of acute fentanyl intoxication, while the other student recovered following treatment.

What each man is charged with

Both Freire and Peralta Cabrera are charged with conspiracy to distribute a controlled substance resulting in death and serious bodily injury. A conviction on that charge carries a mandatory minimum prison sentence of 20 years and a possible life sentence, according to the US Department of Justice.

Freire alone faces two additional charges: distribution of a controlled substance resulting in death and serious bodily injury, and distribution of a controlled substance with intent to commit rape. The second defendant is not charged with committing the alleged rape.

Both defendants pleaded not guilty to the updated indictment. Freire remains in federal custody. ABC7 New York reports that Peralta Cabrera was released on a $75,000 bond under home detention conditions.

What happens next

A trial has reportedly been scheduled for March 2027. A third man, Harry Rosales Pino, previously pleaded guilty to a related narcotics conspiracy charge and is awaiting sentencing. That plea does not establish the guilt of either defendant in the current proceedings.

The allegations against Freire and Peralta Cabrera have not been proven in court. Both are presumed innocent unless and until convicted.

Watch: CBS New York report

Sources

  • US Department of Justice: Superseding indictment announcement, 15 October 2026
  • US Department of Justice: Redacted superseding indictment (PDF)
  • ABC7 New York: Court appearance, pleas and bail, 28 October 2026
  • CBS New York: Two charged following FIT student’s death, 28 October 2026

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