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Three MS-13 Leaders Convicted On All Counts
GREENBELT, Md., April 27 /PRNewswire-USNewswire/ -- A federal jury
convicted Jose Hipolito Cruz Diaz, a.k.a "Pirana," 28, of Lanham, Md.; Omar
Vasquez, a.k.a "Duke," 28; and Henry Zelaya, 20, today of conspiracy to
participate in a racketeering enterprise involving murder, robbery,
obstruction of justice, and witness tampering, U.S. Attorney Rod J.
Rosenstein for the District of Maryland and Assistant Attorney General
Alice S. Fisher of the Criminal Division at the U.S. Department of Justice
announced today. Vasquez and Diaz were also convicted of conspiracy to
commit murder in aid of racketeering.
"Joining MS-13 is a ticket to federal prison. Forty-one alleged MS-13
gang members have been charged with federal crimes in Maryland." Stated
U.S. Attorney Rod J. Rosenstein. "The young men who were convicted today
probably will spend the rest of their lives in federal prison, and some of
the remaining defendants may face death sentences."
U.S. Attorney Rosenstein added, "The RICO statute is a powerful tool
that allows us to prosecute gang members in federal court for the
activities of the criminal organization they chose to join."
"This conviction is a significant step in our efforts against one of
the most violent and sophisticated gangs in the United States," said
Assistant Attorney General Alice S. Fisher of the Criminal Division. "We
are committed to striking at organizations like MS-13 at every level --
from the street thugs to the ringleaders. I commend the federal law
enforcement officers and prosecutors who have been working side-by-side
with local authorities to make a difference in the fight against violent
crime."
According to testimony presented at the seven-week trial, the
defendants were MS-13 leaders who conspired from at least 2001 to April
2006 to operate an MS-13 enterprise in Prince George's and Montgomery
counties through a pattern of racketeering activity which included five
murders in Maryland and one in Virginia; the use of deadly weapons
including firearms, baseball bats, machetes, bottles or knives in the
commission of numerous murders, attempted murders and assaults; assaults on
an MS-13 gang member from El Salvador, juvenile females and rival gang
members; kidnapping, robbery, obstruction of justice and witness tampering.
Trial testimony showed that Zelaya, leader of the MS-13 Teclas Locos
Salvatruchos (TLS) clique, murdered Noel Gudiel, a rival gang member, on
April 20, 2003 in Langley Park, Md. Zelaya and other MS-13 members sexually
assaulted two juvenile females at a "skipping party" on May 12, 2003.
Zelaya and MS-13 member Walter Noel Barahona assaulted a rival gang member
on Oct. 21, 2003. While in prison, Zelaya wrote letters to the TLS clique
and other MS-13 gang members in which he: advised how the gang should
operate while he was incarcerated; incited the gang members to continue
engaging in violent acts; discussed how the gang should handle the
leadership of his clique while he was incarcerated, including instructing
an MS-13 member to make contact with other MS-13 members in El Salvador;
and advised Barahona that a victim of a prior act of violence had not yet
identified Barahona as a perpetrator of the crime.
Witnesses testified that Diaz was the leader of the Sailors Locos
Salvatruchos Westside (SLSW) clique in Washington, D.C. Vasquez was sent
from El Salvador to operate all the cliques in Maryland, Washington, D.C.
and Northern Virginia. On Jan. 21, 2005 Vasquez, Diaz and other MS-13
members drove to an apartment building in Fairfax, Virginia to look for
rival gang members. Two MS-13 members shot at the crowd of youths sitting
outside the building, murdering one juvenile male and injuring two other
juveniles.
Special Agent in Charge Gregory K. Gant of the Bureau of Alcohol,
Tobacco, Firearms and Explosives (ATF) stated, "The successful
investigation and prosecution of the MS-13 gang members demonstrates how
ATF and our law enforcement partners will not tire until we put the 'worst
of the worst' violent offenders in jail for the rest of their lives. ATF
will not tolerate the violence that the members of the MS-13 gang, or any
criminal gang, instill in our communities. Today, with this verdict, we are
sending a message that the strength of the criminal justice system is more
powerful than the strength of the MS-13 gang."
Assistant Special Agent in Charge Kevin R. Lewis, of the Baltimore
Division of the Federal Bureau of Investigation stated, "These convictions
are a testament to the commitment of federal, state, and local law
enforcement agencies to stem the tide of violent crime in our communities.
This should send a message to gang members, crews and other criminal
enterprises that their violent activities will be aggressively investigated
and prosecuted."
"ICE works closely with our law enforcement partners to identify,
disrupt and dismantle transnational criminal street gangs that endanger our
communities," said James A. Dinkins, Special Agent in Charge for U.S.
Immigration and Customs Enforcement (ICE) in Baltimore. "Ensuring public
safety is among the most important homeland security missions of ICE and
gang enforcement is a crucial part of that mission."
"I appreciate the dedication of the police investigators and members of
the U.S. Attorney's Office who worked tirelessly to investigate and
prosecute this case," Colonel Thomas E. Hutchins, Secretary of the Maryland
Department of State Police said. "The Maryland State Police will remain a
committed partner in outstanding efforts like this that interrupt and
dismantle the operations of criminal gangs."
Montgomery County Police Chief J. Thomas Manger stated, "These
convictions serve as a perfect example of what inter-agency coordination
and cooperation can accomplish. The law enforcement community is committed
to coordinating efforts at the state and federal level to combat
gang-related crime; and it is making a positive impact throughout the
region. I am pleased see the success of this trial and commend the various
agencies who participate in the ATF R.A.G.E. Task Force and the United
States Attorney's Office for their hard work in this case."
Colonel David Rohrer, Chief, Fairfax County Police Department, said "I
appreciate and commend the cooperative efforts of my detectives, other
local, state, and federal law enforcement agencies, and the United States
Attorney's Office for the District of Maryland for this investigation,
prosecution, and conviction. The message is clear that we do not, and will
not, tolerate violent crime."
Each defendant faces a maximum sentence of life in prison for
conspiracy to participate in a racketeering enterprise. U.S. District Judge
Deborah K. Chasanow scheduled sentencing for Zelaya on July 6, 2007 at 9:00
a.m., for Vasquez on Aug. 6, 2007 at 2:00 p.m., and for Diaz on Aug. 10,
2007 at 2:00 p.m.
To date, this office has charged 41 gang members with various federal
offenses, with 26 defendants charged in this RICO conspiracy case. Twelve
MS- 13 gang members have been convicted in this RICO conspiracy case. Edgar
Alberto Ayala, age 29, of Suitland, Maryland and Oscar Ramos Velasquez, age
21, of Baltimore, were convicted at trial by a federal jury in November
2006 of the racketeering conspiracy and face a maximum sentence of life at
their sentencing on May 21, 2007. Seven defendants, all of Maryland, have
pleaded guilty, including Barahona, age 23, of Hyattsville, who was
sentenced on April 16, 2007 to 14 years in prison; Ronaldo Diaz Vasquez,
age 26, of Wheaton, who was sentenced on April 2, 2007 to nine years in
prison; Franklin Mejia Molina, age 23, of Silver Spring, who was sentenced
on December 4, 2006 to over 9 years (114 months) in prison; and Juan Lopez,
age 21, of Riverdale, who was sentenced on October 16, 2006 to 87 months in
prison, all for racketeering conspiracy. Jose Pena Aguilar, age 25, of
Beltsville, was sentenced to 10 years in prison on November 6, 2006 for
using a firearm in furtherance of a racketeering conspiracy, to be served
consecutive to a 20 year sentence received in the Circuit Court, Prince
George's County for attempted murder.
U.S. Attorney Rosenstein expressed his appreciation for the
investigative work performed by the ATF; the Prince George's County Police
Department; the FBI; U.S. Immigration and Customs Enforcement (ICE); the
Montgomery County Department of Police; the Howard County Police
Department; the Maryland National Capital Park Police; the Maryland State
Police and the Fairfax County, Virginia Police Department. U.S. Attorney
Rosenstein also recognized Prince George's County State's Attorney Glenn F.
Ivey, Montgomery County State's Attorney John McCarthy, and Fairfax County,
Virginia, Commonwealth's Attorney Robert F. Horan, Jr., for the assistance
that they and their offices provided.
U.S. Attorney Rosenstein thanked Assistant U.S. Attorneys James Trusty
and Chan Park, and Trial Attorney David Jaffe, a prosecutor for the Justice
Department's Gang Squad, who are prosecuting the case.
SOURCE U.S. Department of Justice
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