United States v. Huertas-Mercado

• Decision Date: 14 December 2022
• Docket Number: CRIMINAL 18-451 (FAB)
• Parties: UNITED STATES OF AMERICA, Plaintiff, v. JAIRO HUERTAS-MERCADO [1], and ERICK PIZARRO-MERCADO [3], Defendants.
• Court: U.S. District Court — District of Puerto Rico

UNITED STATES OF AMERICA, Plaintiff,
v.
JAIRO HUERTAS-MERCADO [1], and ERICK PIZARRO-MERCADO [3], Defendants.

CRIMINAL No. 18-451 (FAB)

United States District Court, D. Puerto Rico

December 14, 2022

OPINION AND ORDER

FRANCISCO A. BESOSA SENIOR UNITED STATES DISTRICT JUDGE

Defendants Jairo Huertas-Mercado (“Huertas”) and Erick Pizarro-Mercado (“Pizarro”) (collectively, “defendants”) move for a judgment of acquittal of Count 1 of the Third Superseding Indictment pursuant to Federal Rule of Criminal Procedure 29 (“Rule 29”).^[1] (Docket Nos. 427 and 435.) For the reasons set forth below, the defendants' Rule 29 motions are DENIED.

I. Background

Huertas and Pizarro committed a succession of violent crimes within a span of 19 days, escalating from carjacking to kidnapping and murder. The trial testimony revealed that these defendants terrorized unsuspecting victims for financial gain, to avenge the

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death of a deceased relative, and to eliminate “enemies” of a drug trafficking organization in the Lagos de Blasina public housing project. (Docket No. 413 at p. 69.)

On February 11, 2020, a grand jury returned a seventeen-count third-superseding indictment charging Huertas, Pizarro, Joshua Luyando-González (“Luyando”), Kevin Villegas-Carrasco (“Villegas”), Wilkin Michael Cepeda-Colón (“Cepeda”), and Roberto Meléndez-Hiraldo (“Meléndez”) with carjacking, kidnapping, and brandishing a firearm during and in relation to a crime of violence in violation of 18 U.S.C. sections 2119(1) and (2), 18 U.S.C. sections 1201(1) and (2), and 18 U.S.C. sections 924(c)(1)(A)(ii)-(iii) and 2, respectively. (Docket No. 103.) Count fourteen charged Huertas, Pizarro, and Luyando with kidnapping resulting in the death of Luis Sáenz-Martínez (“Sáenz”) in violation of 18 U.S.C. sections 1201(a)(1) and (2). Id. at p. 8.

On March 4, 2022, Luyando pled guilty to counts one and fifteen of the third-superseding indictment pursuant to an agreement with the United States (carjacking and brandishing a firearm during and in relation to a crime of violence). (Docket Nos. 329 and 330.)^[2] Villegas pled guilty to counts one and three

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of the third-superseding indictment (carjacking and brandishing a firearm during and in relation to a crime of violence) pursuant to a agreement with the United States on March 15, 2021. (Docket No. 262.) Huertas and Pizarro's seven-day trial commenced on September 9, 2022. (Docket No. 402.) Luyando and Villegas testified as government witnesses.^[3]

A. The May 20, 2018 Carjacking: Counts 10 and 11

Luyando, Cepeda, Huertas and Pizarro “decided to take a [Toyota] Tacoma” from Carlos Cáez-Delgado (“Cáez”) in Naguabo, Puerto Rico at approximately 11:00 PM on May 20, 2018. (Docket No. 413 at p. 71.) Huertas, Pizarro and Cepeda carried loaded firearms, including an AK-47 rifle and two pistols. Id. at pp. 72-73. The defendants blocked the Tacoma on a one-way road, exited their vehicle, and pointed a “long weapon” at Cáez. (Docket No. 406 at p. 7; Docket No. 413 at p. 73.) They subsequently “threw [Cáez] to a grassy area” and frisked him. (Docket No. 413 at p. 73.)

The defendants referred to Cáez as “the one [they] were looking for,” stating that they would shoot him if he moved. (Docket No. 406 at p. 12.) Cáez placed his hands behind his head, informing the defendants that “it was not possible, that [he] could

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be the person they were looking for.” Id. at p. 13. Pizarro and Cepeda fled Naguabo in the Tacoma, followed by Huertas and Luyando in an SUV. Id. Cáez remained on the ground in “tall grass” for two minutes until the [defendants] left” with his Tacoma, wallet, and cellular phone. (Docket No. 406 at p. 14.)

B. The May 27, 2018 Carjacking: Counts Twelve and Thirteen

On May 27, 2018, Luyando, Huertas, Pizarro and Meléndez, using the Tacoma they had carjacked from Cáez, stole an Infiniti FX45 from Gilberto Medina-Cardona (“Medina”) and his family, who were on a day trip in Río Grande, Puerto Rico. (Docket No. 406 at p. 20.) Medina had parked the Infiniti near a waterfall to take photos. Id. at p. 23. Two of Medina's family members had gone down from the roadway to take pictures of the waterfall. Two defendants emerged from the stolen Tacoma, pointing loaded firearms at Medina and his family, “screaming and yelling for [them] to get on [their] knees” and look away. Id. at pp. 23-24; Docket No. 413 at p. 74. The defendants demanded Medina's car keys and the family's “personal belongings, money, jewelry” and professional grade cameras. (Docket No. 406 at p. 24.)

Medina informed the defendants that the keys were located “in the cupholder of the [Infiniti].” Id. at p. 24. Before driving away, the defendants instructed Medina: “don't look back, don't look back. Count to one hundred and stay there.” Id. at p. 25.

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Luyando testified that the defendants stole this vehicle “by intimidation and force.” (Docket No. 413 at p. 75.) Medina felt “terror,” “panic,” and “unable to manage the situation.” (Docket No. 406 at p. 26.) The defendants ultimately burned and abandoned the Infiniti near an “old factory” in La Central, Puerto Rico. (Docket No. 413 at p. 83.)

C. The May 31, 2018 Kidnapping and Murder of Luis Sáenz-Martínez: Counts Fourteen, Fifteen, and Sixteen

Luyando, Huertas, and Pizarro visited an acquaintance at the Villas Del Río public housing project on May 31, 2018. (Docket No. 413 at p. 77.) They “came up with the idea” of “holding up” Sáenz, the drug dealer” associated with this location and “enemy” of the defendants. Id. at pp. 77-78.

The defendants initially requested to purchase “weed” from Sáenz. Id. at p. 81. They then aimed a loaded AK-47 and a pistol at him, forcing Sáenz into the backseat of a Toyota RAV4. Id. at p. 81. Luyando, Huertas, and Pizarro asked Sáenz if “he knew of another person who was of higher rank [in a rival drug...