Score:   1
Docket Number:   SD-CA  3:20-cr-00505
Case Name:   USA v. Hernandez
  Press Releases:
NEWS RELEASE SUMMARY – October 31, 2019

SAN DIEGO – Two years ago, the Department of Justice announced the revitalization and enhancement of Project Safe Neighborhoods (PSN), the centerpiece of the department’s violent crime reduction strategy. PSN is an evidence-based program proven effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

Throughout the past two years, the Department of Justice has partnered with all levels of law enforcement, local organizations, and members of the community to reduce violent crime and make our neighborhoods safer for everyone.   According to FBI’s 2018 Crime in the United States Report released this month, the violent crime rate decreased for the second consecutive year, down 3.9 percent from the 2017 numbers.

“The revitalized Project Safe Neighborhoods program is a major success,” said Attorney General William P. Barr. “It packs a powerful punch by combining advanced data with local leadership, further reducing violence in communities across the country and improving overall public safety. U.S. Attorneys continue to focus their enforcement efforts against the most violent criminals and work in partnership with federal, state, local, and tribal police. The Justice Department’s relationships across the board have never been stronger.”

“Through Project Safe Neighborhoods, we are focused on the most dangerous criminals in our community – the ones with guns,” said U.S. Attorney Robert Brewer. “We’re making a real difference, but there is always more progress to be made. Our gun-related prosecutions are up nearly 54 percent this year, which means neighborhoods are safer as a result.”

As we celebrate the two-year anniversary of the revitalized PSN program, here are some of the highlights of our PSN actions over the past year in the Southern District of California (SDCA):

Enforcement Actions

The Project Safe Neighborhoods (PSN) program operates in the SDCA primarily as a collaboration between the U.S. Attorney’s Office and the San Diego County District Attorney’s Office. Using intelligence from both local and federal law enforcement, these two prosecutorial offices (the largest two in the region) work to determine which jurisdiction, state or federal, will be able to provide the most effective prosecution forum and ultimately the greatest impact for the community.  In the past year, the PSN partnership has frequently caused the deployment of federal enforcement resources against violent offenders who might face a smaller sanction in state court. Special agents from the Bureau of Alcohol Tobacco Firearms and Explosives (ATF) or the FBI’s Violent Crime Task Force (VCTF) often lead these investigations.

Between fiscal year 2018 and fiscal year 2019, cases designated and prosecuted by the United States Attorney’s Office under PSN rose almost 49 percent, from approximately 145 cases in 2018 to 214 cases in fiscal year 2019. Individual federal firearms prosecutions – a subset of the PSN program – rose almost 54 percent; from approximately 43 cases in 2018 to 66 cases in fiscal year 2019.  Efforts to increase prosecutions for fiscal year 2020 are already underway.  Among other initiatives, law enforcement is focusing on the prosecution of unlawful possession of firearms by people with domestic violence convictions and domestic violence restraining orders.

 

The breadth of cases designated under PSN was also expanded between 2018 and 2019.  Four recent examples highlight the diversity of the cases being brought for federal prosecution, all aimed at making SDCA safer:

 

On October 17, 2019, Justin Alexander Roberts pleaded guilty in federal court for his role in a series of armed robberies throughout San Diego County. See U.S. v. Roberts, 19-CR-740-AJB.  In his plea agreement, Roberts admits that he used a firearm to rob a series of local businesses (known to local media as the “Burgundy Bandit” robbery series).  Under the terms of the agreement, Roberts faces a minimum of 21 years in prison.  Roberts is scheduled to be sentenced on January 6, 2020. 

On August 5, 2019, Jose Hernandez, aka “Chapo,” a member of the Otay River Bottom Locos gang, was sentenced to 30 years in federal prison for his aggravated role in a drug distribution conspiracy as well as his participation in an attempted armed robbery ordered by the Mexican Mafia. See U.S. v. Hernandez, et al, 18-CR-3424-LAB; 18-CR-4217-LAB.  More information about the Hernandez case can be found here.

On June 17, 2019, Obediah Breer, an Escondido resident and member of the Hell’s Angels motorcycle gang, was sentenced to 12 years in prison for distributing methamphetamine and possessing a firearm. See U.S. v. Roberts, 18-CR-4624-LAB.  After Breer was alleged to have brandished a firearm during a traffic encounter, state and federal prosecutors agreed that his case would be prosecuted federally.  More information about the Breer case can be found here. 

Brandon Lockwood and Alex Woods were both sentenced to federal prison after pleading guilty to selling a stolen vehicle, selling methamphetamine, and trafficking firearms in Vista, California. See U.S. v. Lockwood, et. al., 18-CR-5575-AJB.  The Lockwood case was one of three cases prosecuted federally as part of a 2018 undercover collaboration between ATF, the San Diego County Regional Auto Theft Task Force (RATT), and the San Diego County District Attorney. See also 19-CR-1097-JM; 19-CR-1210-GPC.

 

Community Partnerships

The U.S. Attorney’s Office (USAO) in the Southern District of California furthers PSN’s prevention mission by convening stakeholders, forging diverse partnerships, providing mentors, and using the following novel approaches to reduce violent crime:

Because youth are often groomed and recruited by gangs before middle school, SDCA partnered with community groups as well as county health, local law enforcement and school officials to launch “Success Agents,” an innovative program that offers at-risk 4th graders at Porter Elementary mentors and wrap-around support from 4th through 8th grade. A USAO-led team meets weekly with Success Agents kids, providing interactive workshops to improve decision-making, foster relationships and academic achievement, and expand horizons. 

 

The SDCA USAO coordinates an eight-week Project Lead program in targeted elementary schools in neighborhoods particularly affected by gangs and violent crime.  The team’s efforts significantly expanded youth education on decision-making and refusal skills, preparing more than 2,000 vulnerable fifth graders to make smart decisions when asked to join gangs, use drugs or alcohol, tag a building, or skip school. The program also builds strong relationships between students and state and federal law enforcement agents from many agencies, including the U.S. Attorney’s Office, U.S. Customs and Border Protection, the U.S. Secret Service, ATF, DEA, Homeland Security Investigations, IRS, City Attorney’s Office and U.S. Probation.   

 

The USAO participates in the city’s creative Community Assistance Support Team (CAST), a stakeholder group designed to curb gang violence by partnering police with former gang and community members. Members work together immediately after shootings to prevent retaliation and escalation.  Through CAST, USAO personnel meet regularly with police officers, Deputy Sheriffs, community activists, local pastors and community leaders to review violent incidents, discuss resources and needs, share information, and solve problems.

 

Improvements to Community Safety

For the second consecutive year, the estimated number of violent crimes in the nation decreased when compared with the previous year’s statistics, according to FBI figures released earlier this month. In 2018, the number of violent crimes was down 3.3 percent from the 2017 number.

 

The 2018 statistics also show the estimated rate of violent crime was 368.9 offenses per 100,000 inhabitants. The violent crime rate fell 3.9 percent when compared with the 2017 rate.

 

In February 2018, it was widely reported that San Diego had achieved its lowest crime rate in the past 49 years.  On September 26, 2018, local news outlets reported that San Diego had the lowest violent crime rate of America’s biggest cities last year.  In May 2019, SANDAG reported that the 2018 violent crime rate (3.41) for the San Diego region remained unchanged from 2017 and was the fourth lowest in the past 39 years.  The same report also detailed that the number of robberies and aggravated assaults with a firearm were both down from 2017 to 2018. 

 

These enforcement actions and partnerships are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.

In the Southern District of California, the PSN program is led by the Violent Crime and Human Trafficking (VCHT) Section.  Formed in 2019, by U.S. Attorney Robert Brewer, the VCHT is tasked with leading collaborations between federal and local law enforcement in the investigation and prosecution of cases involving violent crimes, firearms and gang cases; sex trafficking and child exploitation; civil rights, and labor trafficking. The VCHT Section also oversees the Southern District of California Coordinators for Human Trafficking and Project Safe Childhood. The VCHT Section provides federal prosecutors to the downtown San Diego Violent Crimes Task Force-Gang Group, the North County Gang Task Force, and the East County Gang Task Force.

Assistant U.S. Attorneys Todd Robinson (619) 546-7994 and Kareem Salem (619) 546-8904

NEWS RELEASE SUMMARY – August 5, 2019

SAN DIEGO – Jose Hernandez, aka “Chapo,” a member of the Otay River Bottom Locos gang, was sentenced today in federal court to 30 years in prison for his aggravated role in a drug distribution conspiracy as well as his participation in an attempted armed robbery ordered by the Mexican Mafia.

The charges stem from an investigation by the FBI-led Violent Crimes Task Force, Gang Group (VCTF-GG) into drug trafficking, firearms and violent crimes being committed by certain gang members and their associates in San Diego.

 “This sentence is a big win for public safety,” said U.S. Attorney Robert Brewer. “This defendant, a violent drug trafficker and gang member, will be unable to menace the community for decades to come.” The U.S. attorney praised prosecutors Kareem Salem and Todd Robinson as well as the FBI and members of the Violent Crimes Task force-Gang Group for their hard work.

“This significant 30-year sentence sends a message that the FBI and its partner agencies on the Violent Crimes Task Force-Gang Group will relentlessly pursue gang members involved in violent crime, firearms offenses and drug trafficking,” said FBI SAC Scott Brunner.  “Cases like this one, focusing on dangerous gang members, deter and reduce gang-related violence and drug trafficking in Southern California.  We thank all the federal, state, and local agencies that participated in this long term investigation and are proud to share the success and impactful results with our partners.”

The defendant was convicted by a federal jury on May 21, 2019 (18cr3424-LAB) of being a felon in possession of a firearm; attempting to commit a Hobbs Act Robbery; and possession of a firearm in furtherance of a crime of violence. He pleaded guilty on May 9, 2019 (18cr4217) to one count of conspiring with others to distribute over 50 grams of methamphetamine.

According to evidence presented at trial, agents intercepted communications of the defendant and two of his co-defendants who discussed their intention to commit an armed robbery and assault on behalf of the Mexican Mafia. In response, San Diego Police Department Gang Suppression Officers stopped the vehicle in which Jose Hernandez was the front passenger as they drove to their intended victim. Ultimately, officers recovered four firearms, 56 rounds of ammunition and zip ties, which officers believe were for restraining the intended victim.

In addition to his role in the attempted robbery, the defendant was sentenced for his role, organization, and distribution of multiple pounds of methamphetamine.

Intercepted communications also revealed that the defendant was engaged in the distribution of methamphetamine to several customers, including an individual who on two occasions flew from Florida to purchase pounds of methamphetamine from the defendant. But for the quick response from members of the VCTF-GG, pounds of methamphetamine, which were packaged and shipped via the United States Postal Service, would have found its way to drug users in the Florida area.

SUMMARY OF CHARGES

Felon in Possession of a Firearm, in violation of Title 18, U.S.C. Section 922(g)

Maximum Penalty: Ten years in prison

Attempted Hobbs Act Robbery, in violation of Title 18, U.S.C. Section 1951

Maximum Penalty: Twenty years in prison

Possession of firearm in furtherance of a crime of violence, in violation of Title 18, U.S.C. Section 924(c)

Maximum Penalty: Five years mandatory minimum in prison

Conspiracy to Distribute Methamphetamine, in violation of Title 21, U.S.C. Sections 841 (a)(1) and 846

Maximum Penalty: Up to life in prison; Ten year mandatory minimum

DEFENDANT                        Case Numbers: 18CR3424-LAB & 18CR4217-LAB

Jose Hernandez                               Age: 38                                San Diego                                                          

INVESTIGATING AGENCIES

Violent Crimes Gang Task Force

Task Force agencies include:

FBI, ATF, DEA, BOP, USPIS, California Department of Corrections and Rehabilitation, San Diego District Attorney's Office, San Diego Police Department, San Diego Sheriff's Department, National City Police Department, Chula Vista Police Department, La Mesa Police Department, El Cajon Police Department and Federal Bureau of Prisons- Joint Intelligence Sharing Initiative.

 

 

Assistant U.S. Attorneys Todd Robinson (619) 546-7994 and Kareem Salem (619) 546-8904

NEWS RELEASE SUMMARY – September 20, 2018

SAN DIEGO, CA – Twenty-six people, many of whom are alleged members and associates of criminal street gangs and the Mexican Mafia prison gang, are charged in complaints unsealed today with participating in drug- and gun-related conspiracies, including one that alleges a kidnapping and armed robbery that was prevented by law enforcement.

About 228 firearms were seized from a home in Lakeside during the investigation, and law enforcement officials who were listening in on conversations via court-approved electronic surveillance were able to thwart the attempted kidnapping of a gang member known as “Grizzly from Palm City.”

This morning before dawn, a contingent of more than 200 local, state and federal law enforcement officials searched dozens of locations around the county looking for defendants, guns and drugs. As of 3 p.m. today, 20 defendants are in custody. During searches today and over the course of the yearlong investigation, authorities have seized seven pounds of methamphetamine with an estimated street value of over $150,000. Six federal defendants are still at large, including Marla Caniglia, Christina Tovar, Farren Alcoser, aka “Sweetpea,” Soledad Mota, aka “Negra,” Tony Kiryakoza, and Candice Apra, aka “Babydoll.”  Anyone with information is asked to contact the FBI at 858-320-1800.

According to one complaint charging Robert Thomas Welsh, San Diego Sheriff’s Department’s Special Enforcement Division executed a search warrant at Welsh’s residence on Wildcat Canyon Road in Lakeside. They found multiple gun safes in various locations within the home, a total of 228 firearms including AR-15 assault rifles and guns with obliterated serial numbers, multiple high capacity magazines including a 50-round drum magazine, several firearm silencer devices, a “Glock switch” device that converts a semi-automatic pistol into an automatic pistol and multiple cases of ammunition.











According to another complaint, in June of 2018, agents participating in the investigation learned that defendants Fady Esho, Sergio “Shaggy” Sanchez and Jose “Chapo” Hernandez intended to assault, intimidate, rob at gunpoint and restrain the intended victim on behalf of the Mexican Mafia because they believed he stole  a laptop and other items from a gang associate.

Esho, along with fellow defendants Sergio “Shaggy” Sanchez and Jose “Chapo” Hernandez, set out to do the bidding of the prison gang leaders. However, the San Diego Police Department’s Gang Suppression Team conducted a traffic stop of their Hummer as the three defendants were en route to the “hit.” The trio was arrested and officers seized four firearms and zip ties.

According to the complaint, Esho was carrying a loaded Sig Saur .40-caliber handgun in a concealed holster on his waist, along with two filled magazines in separate holsters. Esho also had multiple zip ties in his rear pants pocket. A search of the Hummer resulted in the seizure of an additional three firearms, all of which were loaded: A Ruger 9mm handgun was located between the front passenger seat and the console; a Smith and Wesson 9mm handgun was located in a black bag in the rear seat; and a Ruger .22-caliber revolver was located under the driver’s floor mat.

In total, the defendants were charged in six complaints with various crimes, including racketeering, methamphetamine trafficking, felon in possession of firearms and other drug and gun offenses. According to the complaints, the gang members come from the following gangs: Otay Rasta Locos, Logan Heights Rep Steps, Encanto, Lomita, Logan Heights 30, Eastside, East County Blood, Lakeside Gangsters, Varrio Chula Vista and Pinoy.

“The seizure of hundreds of firearms is a very significant strike against gang violence in our communities,” said U.S. Attorney Adam Braverman. “Gang members live by a different set of norms, in a world where methamphetamine is a business and guns and violence are tools of the trade. Because of the strong partnerships between state, local and federal law enforcement, this operation is now closed.”

Federal Bureau of Investigation Special Agent in Charge John Brown stated, “Dismantling violent gangs is a continuing priority for the FBI. We share a long commitment with our law enforcement partners to address the dangerous threat facing our communities. Today's takedown demonstrates our focus and determination to strike at gang related enterprises and to eliminate the violence these groups inflict on our neighborhoods.”

The defendants had their initial appearance before United States Magistrate Judge Nita L. Stormes this afternoon. All defendants entered a plea of not guilty to the charges.  Their next court appearance will be on September 25, 2018, for a hearing on the Government’s motion to have the defendants remain in custody pending trial.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

DEFENDANTS                                Case Number: 18mj4902                             

Robert Thomas Welsh                                                                       

SUMMARY OF CHARGES

Title 18, U.S.C. § 922(o)(1) – Unlawful Possession of a Machine Gun

Maximum Penalty is 10 years in custody

Title 18, U.S.C. § 922(k) – Possession of a Firearm with Manufacturer’s Serial Number Removed and Obliterated

Maximum Penalty is 5 years in custody

DEFENDANTS                                Case Number: 18mj4979                                         

Jesus Ramirez aka “Chuy”

Jorge Gonzalez aka “Lonely”

Chans Milstead

Christopher Risdon

Alan Rohrback Jr.

Brian Allen

Victoria Villa

Ricky Felizmena

Farren Alcoser

Soledad Mota aka “Negra”

Candace Apra aka “Babydoll”

SUMMARY OF CHARGES

Conspiracy to Distribute Methamphetamine, in violation of Title 21, U.S.C. Sections 841 (a)(1) and 846

Maximum Penalty, based on alleged drug amounts: Up to life in prison; 10 year mandatory minimum

DEFENDANTS                                Case Number: 18mj4978

Jesus Ramirez aka “Chuy”

Jose Hernandez aka “Chapo”

Fady Escho

Dale Chaney

Keleli Gaylord

Tony Kiryakoza

David Gautreau

Marla Caniglia

Christina Tovar

Sara Beamer

SUMMARY OF CHARGES

Conspiracy to Distribute Methamphetamine, in violation of Title 21, U.S.C. Sections 841 (a)(1) and 846

Maximum Penalty, based on alleged drug amounts: Up to life in prison; 10 year mandatory minimum

DEFENDANTS                                             Case Number: 18mj4977

Fady Esho

Sergio Sanchez

Jose Hernandez

SUMMARY OF CHARGES

Violent Crime in Aid of Racketeering, in violation of Title 18, U.S.C. Section 1959

Maximum Penalty, based on the underlying racketeering crimes: Up to three years in prison

DEFENDANTS                                             Case Number: 14mj4972

Sammy Harold Baugues

SUMMARY OF CHARGES

Felon in Possession of a Firearm, in violation of Title 18, U.S.C. Section 922(g)(1) and 924(a)(2)

Maximum Penalty is 10 years in custody

Possession with Intent to Distribute Methamphetamine, in violation of Title 21, U.S.C. Section 841(a)(1)

Maximum Penalty is 20 years in custody

DEFENDANTS                                             Case Number: 18mj4971

Veronica Ojeda

Aimee Chavira

SUMMARY OF CHARGES

Conspiracy to Distribute Methamphetamine, in violation of Title 21, U.S.C. Sections 841 (a)(1) and 846

Maximum Penalty, based on alleged drug amounts: Up to life in prison; 10 year mandatory minimum

INVESTIGATING AGENCIES

Violent Crimes Gang Task Force

Task Force agencies include:

FBI, ATF, DEA, BOP, USPIS, California Department of Corrections and Rehabilitation, San Diego District Attorney's Office, San Diego Police Department, San Diego Sheriff's Department, National City Police Department, Chula Vista Police Department, La Mesa Police Department, El Cajon Police Department and Federal Bureau of Prisons- Joint Intelligence Sharing Initiative.

*A complaint is not evidence that the defendants committed the crimes charged.  The defendants are presumed innocent until the Government meets its burden in court of proving guilt beyond a reasonable doubt.

 

 

Docket (0 Docs):   https://docs.google.com/spreadsheets/d/1VvU7-FIqjXO4ZX_XabNRhO3sPHDbS8W6gg-ahy7PvxE
  Last Updated: 2024-04-16 14:04:11 UTC
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Data imported from FJC Integrated Database
Magistrate Docket Number:   SD-CA  3:20-mj-08432
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Format: N3

Description: The code of the district office where the case was terminated
Format: A2

Description: A code indicating the type of legal counsel assigned to a defendant at the time the case was closed
Format: N2

Description: The title and section of the U.S. Code applicable to the offense that carried the most severe disposition and penalty under which the defendant was disposed
Format: A20

Description: A code indicating the level of offense associated with TTITLE1
Format: N2

Description: The four digit AO offense code associated with TTITLE1
Format: A4

Description: The four digit D2 offense code associated with TTITLE1
Format: A4

Description: A code indicating the severity associated with TTITLE1
Format: A3

Description: The code indicating the nature or type of disposition associated with TTITLE1
Format: N2

Description: The number of months a defendant was sentenced to prison under TTITLE1
Format: N4

Description: A code indicating whether the prison sentence associated with TTITLE1 was concurrent or consecutive in relation to the other counts in the indictment or information or multiple counts of the same charge
Format: A4

Description: The number of months of probation imposed upon a defendant under TTITLE1
Format: N4

Description: A period of supervised release imposed upon a defendant under TTITLE1
Format: N3

Description: The fine imposed upon the defendant at sentencing under TTITLE1
Format: N8

Description: The total prison time for all offenses of which the defendant was convicted and prison time was imposed
Format: N4

Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8

Description: A count of defendants filed including inter-district transfers
Format: N1

Description: A count of defendants filed excluding inter-district transfers
Format: N1

Description: A count of original proceedings commenced
Format: N1

Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1

Description: A count of defendants terminated including interdistrict transfers
Format: N1

Description: A count of defendants terminated excluding interdistrict transfers
Format: N1

Description: A count of original proceedings terminated
Format: N1

Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1

Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1

Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1

Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10

Description: A sequential number indicating the iteration of the defendant record
Format: N2

Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD

Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Format: YYYY

Data imported from FJC Integrated Database
F U C K I N G P E D O S R E E E E E E E E E E E E E E E E E E E E