Conspirators admit their roles in violent crimes in Monterey
County Jail to maintain gang discipline and punish transgressions of gang rules
SAN JOSE – Johnny Magdaleno, a/k/a Soldier Boy, Rodney Luis
Romero, a/k/a Speedy, and Carlos Cervantes, a/k/a Lil Huero, a/k/a Doug,
pleaded guilty today to racketeering conspiracy charges for their respective
roles as associates of the Nuestra Familia prison gang, announced United States
Attorney David L. Anderson and John F. Bennett, Special Agent in Charge of the
Federal Bureau of Investigation’s San Francisco Field Division. The guilty pleas were accepted by the
Honorable Beth L. Freeman, United States District Judge.
According to the plea agreements, between December 2, 2012,
and April 14, 2014, Magdaleno, 32, Romero, 35, and Cervantes, 31, were members
of the Nuestra Familia/Salinas Norteños enterprise (the “Enterprise”). The Enterprise consisted of members and
associates of the Nuestra Familia prison gang as well as Norteño street gangs
in Salinas, Calif., and the surrounding areas.
Members and associates of the Enterprise agreed to commit crimes such as
murder, narcotics trafficking, and other acts of violence through a pattern of
racketeering activity. Norteño gang
members pledge their allegiance and loyalty to Nuestra Familia and are instructed
on its rules, rituals, and obligations.
Gang rules and discipline are maintained by assaulting and threatening
those individuals who violate the rules or pose a threat to the
organization. Inside prisons and local
jails, all members and associates of Nuestra Familia and Norteños work together
to maintain the structure and follow the rules of the Enterprise.
In their plea agreements, Magdaleno, Romero, and Cervantes
admit to participating in the distribution of narcotics to other inmates at
Monterey County Jail. The plea
agreements also describe the roles of the defendants in “removals” as a means
of violently enforcing the most important of the gang’s rules while they were
in the jail. The term “removal” refers
to a violent attack designed to remove (from both the custodial housing unit
and the gang itself) a member of the gang who committed a serious violation of
the gang’s rules. A removal is
accomplished by having one or more “hitters” stab the victim and then having at
least two “bombers” assault the target by punching and kicking the victim
without weapons. The purpose of the
subsequent beating is to inflict upon the victim maximum damage while giving
the hitters time to wash themselves and get rid of weapons.
Magdaleno admitted that he orchestrated four removals of
victims from housing units of the Monterey County Jail and directly
participated in two of those removals as the hitter. For example, Magdaleno admitted that he
orchestrated and participated as the hitter in the December 2, 2012, removal of
a victim from the jail. Magdaleno
admitted that he stabbed the victim in the chest and back over 20 times. Magdaleno acknowledged that immediately after
the victim was stabbed, two bombers began punching and kicking the victim to
allow Magdaleno to escape being caught by guards with the stabbing weapon. Magdaleno also admitted that he orchestrated
and participated as the hitter in the February 25, 2013, removal of a victim
from the jail. Magdaleno admitted that
he gave the victim marijuana to use so that he would be more vulnerable and let
his guard down; and after doing so, Magdaleno stabbed the victim in the head
with a shank. Immediately after the
victim was stabbed, three bombers began punching and kicking the victim to
allow Magdaleno to escape being caught by guards with the stabbing weapon. Magdaleno admitted that after he disposed of
the shank, he joined the other bombers in beating the victim.
Romero admitted that he approved the February 25, 2013,
removal of a victim from one of the housing units of the Monterey County
Jail. Romero admitted that during the
removal, the hitter stabbed the victim in the head, and immediately thereafter
three bombers began to punch and kick the victim to inflict the maximum damage
possible and to allow the hitter to escape without being caught by guards with
the stabbing weapon. Romero also
admitted to helping plan two other removals on April 29 and October 23,
2013. Romero admitted that he relayed
the leadership’s approval for the removals, which involved a hitter stabbing
the April 29 victim in the head with a metal shank and a hitter stabbing the
October 23 victim in the neck with a weapon made out of plexiglass. In both removals, bombers punched and kicked
the victim to inflict the maximum damage possible and to allow the hitters to
escape without being caught by guards with the stabbing weapons.
Cervantes admitted that he participated in the April 29,
2013, removal of a victim from one of the housing units at the Monterey County
Jail. Cervantes admitted that he was the
hitter for the removal and stabbed the victim in the head. Cervantes acknowledged that immediately after
the victim was stabbed, at least four bombers began punching and kicking the
victim to allow Cervantes to escape being caught by guards with the stabbing
weapon. Cervantes also admitted that he
was a bomber in the February 25, 2013, removal of a victim, and that he punched
and kicked the victim to inflict the maximum damage possible and to allow the
hitter to escape.
On September 27, 2018, a federal grand jury indicted
Magdaleno, Romero, Cervantes, and several other defendants with racketeering
conspiracy, in violation of 18 U.S.C. § 1962(d). Magdaleno, Romero, and Cervantes were also
charged with conspiracy to commit murder in aid of racketeering, in violation
of 18 U.S.C. § 1959(a)(5), and conspiracy to commit assault with a dangerous
weapon in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(6). Romero was also charged with attempted murder
in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(5), and assault
with a dangerous weapon in aid of racketeering, in violation of 18 U.S.C. §
1959(a)(3). All three defendants pleaded
guilty to the racketeering conspiracy charge, wherein they admitted that murder
was an object of the conspiracy. If they
comply with their plea agreements, the additional charges will be dismissed at
sentencing.
Judge Freeman scheduled the sentencing hearing for Cervantes
for May 19, 2020; and the sentencing hearings for Magdaleno and Romero for June
23, 2020. Pursuant to the terms of their
plea agreements, Magdaleno has agreed that a reasonable and appropriate
disposition of his case would include a term of imprisonment of 30 years to run
concurrently with sentences imposed in connection with a number of state court
convictions; Romero has agreed that a reasonable and appropriate disposition of
his case would include a term of imprisonment of 18 years; and Cervantes has
agreed that a reasonable and appropriate disposition of his case would include
a term of imprisonment of 10 years.
However, any sentence will be imposed by the court only after
consideration of the U.S. Sentencing Guidelines and the federal statute
governing the imposition of a sentence, 18 U.S.C. § 3553.
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