Denver Gang Member Arrested for Being a Felon in Possession of a Firearm

DENVER – David Nunez-Hernandez, age 21, of Denver, Colorado, has been ordered held without bond following his arrest on the charge of being a felon in possession of a firearm, U.S. Attorney John Walsh and ATF Denver Division Special Agent in Charge Luke Franey announced.  Nunez-Hernandez was first arrested on April 29, 2015.  He was then charged federally based on a Criminal Complaint on May 1, 2015.  He was indicted by a federal grand jury in Denver on May 5, 2015.  On May 8, 2015, following a contested detention hearing, U.S. Magistrate Judge Nina Y. Wang ordered he be held without bond pending a resolution of his case.

According to court documents and information proffered to the court during the defendant’s detention hearing, on April 29, 2015 at 5:00 p.m. a Denver Police officer, while on patrol, observed a vehicle without a state-mandated front license plate.  The officer then conducted a traffic stop.  During the traffic stop the officer learned the driver, David Nunez-Hernandez was driving without a license, which had been revoked based on a car insurance violation.  The officer learned that Nunez-Hernandez was going to his friend’s house because his “homie” just got shot.  It was later determined that Nunez-Hernandez’s cousin was the one who was shot.

Denver Police obtained permission from Nunez-Hernandez to search his vehicle.  While searching the trunk of the car, the officer observed the handle of a firearm.  The firearm turned out to be a loaded Smith and Wesson, model 686, .357 magnum caliber revolver.  Further investigation revealed that Nunez-Hernandez had been previously convicted of a felony offense, and was therefore prohibited from possessing firearms.  Nunez-Hernandez had two convictions out of Denver District Court, one in 2011 for attempted escape from community corrections, and one in 2009 for possession of a Schedule 2 controlled substance.  He also had a conviction in Adams County District Court in 2009 for felony menacing real/simulated weapon.  Nunez-Hernandez was arrested and charged with being a felon in possession of a firearm.

Nunez-Hernandez then made several appearances in U.S. District Court, including his advisement.  During his detention hearing, additional information came out about his background, including the fact that he is an “Eastside Playboy Crip” and that he uses marijuana three times a day.

“Combatting violent street crime requires the close cooperation of federal, state and local law enforcement,” said U.S. Attorney John Walsh.  “This arrest is part of federal law enforcement’s ongoing effort to work with our Metro Denver partners to address gang-related gun violence.”

“ATF and our partners at the Denver Police Department will continue to have zero tolerance for convicted felons who possess firearms in our community,” said ATF Special Agent in Charge Luke Franey. 

Nunez-Hernandez faces one count of being a felon in possession of a firearm.  If convicted on that count he faces not more than 10 years in federal prison, and up to a $250,000 fine.

This case was investigated by the Project Safe Neighborhood Task Force, which includes the ATF, the Denver Police Department, and the Lakewood Police Department.

The defendant is being prosecuted by Assistant U.S. Attorney Robert Brown.

The charges contained in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.