United States v. Deleon
| Decision Date | 29 December 2021 |
| Docket Number | CR 19-3725 JB,CR 15-4268 JB,CR 20-1629 JB |
| Court | U.S. District Court — District of New Mexico |
| Parties | UNITED STATES OF AMERICA, Plaintiff, v. ANGEL DELEON; JODY RUFINO MARTINEZ and TONY GAUNA, Defendants. |
Acting United States Attorney
United States Attorney's Office
Albuquerque, New Mexico
Maria Ysabel Armijo
Randy M. Castellano
Ryan Ellison
Assistant United States Attorneys
United States Attorney's Office
Las Cruces, New Mexico
Attorneys for the Plaintiff
Sarah M. Gorman
Law Offices of Robert D. Gorman
Albuquerque, New Mexico
Heather M. LeBlanc
Bailey, LeBlanc & Lane, P.C.
Albuquerque, New Mexico
Attorneys for Defendant Angel DeLeon
Richard Sindel
Sindel, Sindel & Noble, P.C.
Clayton, Missouri
Brock Benjamin
Benjamin Law Firm
El Paso, Texas
Attorneys for Defendant Joe Lawrence Gallegos
Patrick J. Burke
Patrick J. Burke, P.C.
Denver, Colorado
Cori Ann Harbour-Valdez
The Harbour Law Firm, P.C.
El Paso, Texas
Attorneys for Defendant Edward Troup
Russell Dean Clark
Las Cruces, New Mexico
Attorney for Defendant Leonard Lujan
James A. Castle
Castle & Castle, P.C.
Denver, Colorado
Robert R. Cooper
Robert R. Cooper Law Firm
Albuquerque, New Mexico
Attorneys for Defendant Billy Garcia
Douglas E. Couleur
Douglas E. Couleur, P.A.
Santa Fe, New Mexico
Attorney for Defendant Eugene Martinez
Joseph E. Shattuck
Marco & Shattuck Law Firm
Albuquerque, New Mexico
Jeffrey C. Lahann
Las Cruces, New Mexico
Attorneys for Defendant Allen Patterson
Eduardo Solis
Law offices of Eduardo Solis
El Paso, Texas
John L. Granberg
Granberg Law Office
El Paso, Texas
Orlando Mondragon
The Law Office of Orlando Mondragon
El Paso, Texas
Attorneys for Defendant Christopher Chavez
Nathan D. Chambers
Nathan D. Chambers, Attorney at Law
Denver, Colorado
Noel Orquiz
Deming, New Mexico
Attorneys for Defendant Javier Alonso
Laura E. Udall
Cooper & Udall Law Offices
Tucson, Arizona
Scott Moran Davidson
Law Offices of Scott Moran Davidson
Albuquerque, New Mexico
Billy R. Blackburn
Billy Blackburn Law Office
Albuquerque, New Mexico
Attorneys for Defendant Arturo Arnulfo Garcia
Stephen E. Hosford
Stephen E. Hosford, P.C.
Arrey, New Mexico
Jerry Daniel Herrera
Albuquerque, New Mexico
Attorneys for Defendant Benjamin Clark
Pedro Pineda
Las Cruces, New Mexico
Leon Encinias
Leon Felipe Encinias, Attorney at Law
Albuquerque, New Mexico
Attorneys for Defendant Ruben Hernandez
Gary Mitchell
Mitchell Law Office
Ruidoso, New Mexico
Attorney for Defendant Jerry Armenta
Larry A. Hammond
Osborn Maledon, P.A.
Phoenix, Arizona
Margaret Strickland
McGraw & Strickland
Las Cruces, New Mexico
Attorneys for Defendant Jerry Montoya
Steven M. Potolsky
Jacksonville Beach, Florida
Santiago D. Hernandez
Law Office of Santiago D. Hernandez
El Paso, Texas
Attorneys for Defendant Mario Rodriguez
Ray Velarde
El Paso, Texas
Steven Lorenzo Almanza
Las Cruces, New Mexico
Attorneys for Defendant Timothy Martinez
Joe Spencer
El Paso, Texas
Mary Stillinger
El Paso, Texas
Attorneys for Defendant Mauricio Varela
Richard Jewkes
El Paso, Texas
Lauren Noriega
The Noriega Law Firm
Los Angeles, California
Amy E. Jacks
Law Office of Amy E. Jacks
Los Angeles, California
Attorneys for Defendant Daniel Sanchez
George A. Harrison
Las Cruces, New Mexico
Kimberly S. Bruselas-Benavidez
Albuquerque, New Mexico
Attorneys for Defendant Gerald Archuleta
B.J. Crow
Crow Law Firm
Roswell, New Mexico
Attorney for Defendant Conrad Villegas
Theresa M. Duncan
Duncan Earnest LLC
Albuquerque, New Mexico
Marc M. Lowry
Rothstein Donatelli LLP
Albuquerque, New Mexico
Attorneys for Defendant Anthony Ray Baca
Charles J. McElhinney
CJM Law Firm
Las Cruces, New Mexico
Attorney for Defendant Robert Martinez
Marcia J. Milner
Marcia J. Milner Attorney at Law
Las Cruces, New Mexico
Attorney for Defendant Roy Paul Martinez
Christopher W. Adams
Adams & Bischoff, L.L.C.
Charleston, South Carolina
Amy Sirignano
Law Office of Amy Sirignano, P.C.
Albuquerque, New Mexico
Attorneys for Defendant Christopher Garcia
William R. Maynard
William R. Maynard Attorney at Law
El Paso, Texas
Carey Corlew Bhalla
Law Office of Carey C. Bhalla, LLC
Albuquerque, New Mexico
Attorneys for Defendant Carlos Herrera
Justine Fox-Young
Justine Fox-Young Attorney at Law
Albuquerque, New Mexico
Ryan J. Villa
Law Office of Ryan J. Villa
Albuquerque, New Mexico
Attorneys for Defendant Rudy Perez
Donavon A. Roberts
Donavon A. Roberts Attorney at Law
Albuquerque, New Mexico
Lisa Torraco
Lisa Torracco Attorney at Law
Albuquerque, New Mexico
Attorneys for Defendant Andrew Gallegos
Erlinda O. Johnson
Law Office of Erlinda Ocampo Johnson
Albuquerque, New Mexico
Attorney for Defendant Santos Gonzalez
Keith R. Romero
Keith R. Romero, Attorney and Counselor at Law
Albuquerque, New Mexico
Attorney for Paul Rivera
Angela Arellanes
Angela Arellanes Attorney at Law
Albuquerque, New Mexico
Attorney for Defendant Shauna Gutierrez
Jerry A. Walz
Alfred D. Creecy
Samuel Winder
Walz and Associates
Albuquerque, New Mexico
Attorneys for Defendant Brandy Rodriguez
MEMORANDUM OPINION AND ORDERTHIS MATTER comes before the Court on: (i) the Plaintiff s Motion to Consolidate, filed November 17, 2020 (Doc. 3198), in United States v. DeLeon, et al., No. CR 15-4268 JB (“DeLeon”); (ii) the Plaintiff's Motion to Consolidate, filed November 17, 2020 (Doc. 105), in United States v. Jody Rufino Martinez, No. CR 19-3725 JB (“Martinez”); and (iii) the Plaintiff's Motion to Consolidate, filed November 17, 2020 (Doc. 34), in United States v. Tony Gauna, No. CR 20-1629 JB (“Gauna”)(collectively, “Motion”). The Court held a hearing on December 21, 2020. See Clerk's Minutes at 1, filed December 21, 2020 (Doc. 3223 in No. CR 15-2268); (Doc. 117 in No. CR 19-3725); (Doc. 46 in No. CR 20-1629). The primary issue is whether, pursuant to rule 8 and rule 13 of the Federal Rules of Criminal Procedure, the Court should conduct jointly the trials of Defendant Angel DeLeon, Defendant Jody Rufino Martinez, and Defendant Tony Gauna. The Court concludes that rules 8 and 13 do not warrant consolidating the trials, because: (i) it is not dispositive that DeLeon, Martinez, and Gauna could have been indicted together, because rule 13 is permissive; (ii) COVID-19's dangers support the argument for separate, shorter trials with fewer witnesses present at one time; and (iii) the risk of prejudice to the Defendants' rights to fair trials under the Fifth Amendment of the Constitution of the United States of America outweighs any efficiency benefits.
The Court takes its facts from the Second Superseding Indictment filed March 9, 2017 (Doc. 947), in United States v. DeLeon, et al., No. CR 15-4268 JB (“DeLeon Indictment”). The background facts are largely unchanged from those facts that the Court provides in its Memorandum Opinion and Order, 423 F.Supp.3d 1210, filed November 19, 2019 (Doc. 1585), in United States v. DeLeon, et al., No. CR 15-4268 JB. The Court does not set forth these facts as findings or the truth. The Court recognizes that the factual background largely reflects the United States' version of events and that the Defendants are all presumed innocent.
This case deals with crimes allegedly committed by members of the Syndicato Nuevo Mexico (“SNM”), a prison gang. See DeLeon Indictment at 2. The SNM operates in the District of New Mexico, and its members engage in acts of violence and other criminal activities, “including murder, kidnapping, attempted murder, conspiracy to manufacture/distribute narcotics, and firearms trafficking.” DeLeon Indictment at 2. The SNM constitutes an enterprise “as defined in Title 18, United States Code, Section 1959(b)(2), that is, a group of individuals associated in fact that engaged in, and the activities of which affected, interstate and foreign commerce.” DeLeon Indictment at 2-3.
The SNM is a prison gang formed in the early 1980s at the Penitentiary of New Mexico (“PNM”) after a violent prison riot at PNM during which inmates assaulted and raped twelve correctional officers after taking them hostage. DeLeon Indictment at 3. During the riot, thirty-three inmates were killed, and over 200 inmates were injured. See DeLeon Indictment at 3. After the PNM riot, SNM expanded throughout the State's prison system and has had as many as members. See DeLeon Indictment at 3. The SNM now has approximately 250 members, including “a ‘panel' or ‘mesa' (Spanish for table) of leaders who issue orders to subordinate gang members.” DeLeon Indictment at 3. The SNM controls drug distribution and other illegal activities within the New Mexico penal system, and it also conveys orders to members outside the prison system. See DeLeon Indictment at 3. Members who rejoin their communities after completing their sentences are expected to further the gang's goals: primarily the control and profit of narcotics trafficking. See DeLeon Indictment at 3-4. Members who fail “to show continued loyalty to the gang [are] disciplined in various ways, . . . including] murder and assaults.” DeLeon Indictment at 4.
The SNM also intimidates and influences smaller New Mexico Hispanic gangs to expand the SNM's power. See DeLeon Indictment at 4. If another gang does not follow the SNM's demands, SNM will assault or kill one of the other gang's members to show its power. See DeLeon Indictment at 4....
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