Justice Department Files Lawsuit Against Corpus Christi, Texas, Police Department for Sex Discrimination

WASHINGTON – The Justice Department today filed a lawsuit against the city of Corpus Christi, Texas, alleging that the city’s police department engaged in a pattern or practice of employment discrimination against women in violation of Title VII of the Civil Rights Act of 1964.  The lawsuit challenges the police department’s use of a physical ability test for the hiring of entry-level police officers.  According to the complaint, the physical test used by the city between 2005 and 2011 had the effect of excluding qualified women from consideration for hire as entry-level police officers and did not screen candidates for job-related skills.

 Title VII prohibits employment practices that result in a disparate impact on various bases, including sex, unless the employer can prove that such practices really test for what the job requires.  The complaint alleges that the challenged physical ability test does not meet this standard and, thus, qualified women have been unnecessarily kept out of entry-level police officer jobs.

  “This complaint demonstrates that employment practices that unnecessarily exclude qualified candidates on account of sex are unacceptable,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.  “The Justice Department is looking forward to working with the city to resolve this matter in a way that eliminates the use of the unlawful physical ability test and gives women who were screened out of the process an opportunity to become Corpus Christi police officers.”

 In the lawsuit, the Justice Department seeks a court order that would require the city to stop using the challenged physical ability test, develop hiring procedures that comply with Title VII and provide relief that makes victims whole, including offers of hire, retroactive seniority and back pay to individual women who have been harmed as a result of the city’s use of the test.

 Additional information about Title VII and other federal employment laws is available on the Civil Rights Division’s website at www.justice.gov/crt/.

Raza Unida Gang Member Gets Life in Meth Trafficking Conspiracy

CORPUS CHRISTI, Texas — Orlando Garcia, 33, of Corpus Christi, Texas, has been sentenced to life in federal prison following his conviction of drug trafficking in a conspiracy that involved gang leadership both inside and outside of the Texas prison system, United States Attorney Kenneth Magidson announced today. Garcia was convicted in February by a federal jury and is the final defendant to be found guilty in a seven–count indictment that involved 13 other defendants.

Senior District Judge Janis Graham Jack pronounced the sentence just minutes ago in Corpus Christi federal court.

During the trial, the jury heard testimony that Garcia acted as an intermediary between drug traffickers in Arkansas and Karlos Bouchot, a ranking Raza Unida member who was in prison at the time of the conspiracy. Jurors heard recordings made pursuant to a court–ordered interception of phone calls that Bouchot made to Garcia while in prison. In these phone calls, Garcia stated he had arranged for six pounds of methamphetamine to be purchased in Arkansas. The buyers of the methamphetamine were to pay more than $20,000 per pound of methamphetamine.

Garcia and Bouchot agreed they, as well as the gang itself, stood to make thousands of dollars in profit from this one deal alone. Jurors also heard Garcia state that he was dealing methamphetamine he received from gang members in Corpus Christi. The jury also heard that the agents with Homeland Security Investigations (HSI) later discovered this cache of methamphetamine at a stash house in Corpus Christi. The methamphetamine was more than 90 percent pure and weighed more than 12 pounds. Garcia and another defendant, Johnny Joe Guerra, searched the stash house after federal agents raided it. Guerra, a Raza Unida leader, pleaded guilty and was also sentenced to life in federal prison for his involvement in the conspiracy.

These convictions were the result of an ongoing investigation dubbed Operation Prison Cell being conducted jointly by special agents with HSI, the Bureau of Alcohol, Tobacco, Firearms and Explosives and officers of the Texas Department of Criminal Justice – Office of Inspector General and the Corpus Christi Police Department Gang and Organized Crime Units.

The case is being prosecuted by Assistant United States Attorney Mark Patterson and Michael Hess.

Port Aransas Man Gets Federal Time for Possession of Child Pornography

CORPUS CHRISTI, TX—Scott Randall Atchison, 50, of Port Aransas, Texas, has landed in federal prison for possession of child pornography, United States Attorney Kenneth Magidson announced today.

Indicted in January 2012, Atchison pleaded guilty the following month. Today, Senior United States District Judge John D. Rainey sentenced him to 78 months in prison to be followed by a 10-year-term of supervised release, during which special conditions related to participation in sex offender treatment and restrictions regarding employment, residency, and access to children will be imposed. He will also be required to register as a sex offender for life. At sentencing today, Judge Rainey stated that the sentence was necessary to reflect the seriousness of the offense, protect the public, and deter others from engaging in similar criminal conduct.

The investigation began on December 1, 2011 when an employee of a computer repair business contacted law enforcement regarding a computer brought in for repair that was suspected to contain child pornography. The computer was ultimately turned over to the Corpus Christi Police Department’s Internet Crimes Against Children Task Force (ICAC). Computer forensics experts examined the computer and found it to contain more than 3500 images and 200 videos of suspected child pornography.

The investigation was joined by the FBI who then investigated the background and movements of Atchison. A controlled delivery of the computer was organized and Atchison re-took possession of the computer on December 15, 2011, after which he was immediately arrested. He admitted to owning the computer and using it to acquire child pornography.

He has been in custody since his arrest, where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

The case was jointly investigated by the Corpus Christi Police Department ICAC and the FBI.

This case, prosecuted by Assistant United States Attorney Lance Duke, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “Resources.”

Raza Unida Gang Leader Gets 30 Years for Racketeering

CORPUS CHRISTI, Texas – Raza Unida Gang Leader Karlos Bouchot, 35, of Corpus Christi, Texas, has been was sentenced to 360 months in federal prison, United States Attorney Kenneth Magidson announced today.

U.S. District Judge Janis Graham Jack sentenced Bouchot today as well as Jose Manuel Ledezma, 24, of Brownsville, Texas, and Valerie Botello, 28, of Corpus Christi. Bouchot pleaded guilty in April to two counts in an indictment in which he and 13 other members or associates of the Raza Unida gang were charged with violent crimes in aid of racketeering (VICAR), conspiracy to possess with intent to distribute methamphetamine and various federal firearm violations. The VICAR indictment alleged three violent crimes committed in Corpus Christi by Raza Unida gang members, including a home invasion in which a man was shot and two other shootings at Corpus Christi nightclubs. Bouchot pleaded guilty to a VICAR count which alleged he and other Raza Unida members conspired to kill another gang member, known as “Casper,” for stealing Raza Unida drug money. Bouchot was an inmate in the Texas prison system at the time of the offenses and contributed to the conspiracies by use of an illegal cell phone.

Ledezma, described as an associate of Raza Unida, attempted to broker a deal involving more than five pounds of methamphetamine will be serving 324 months in prison. Botello, determined to be a minimal participant in the methamphetamine conspiracy, received a 17-month prison term.

Three other known gang members are set for sentencing tomorrow – Michael Ornelas, 31, of Corpus Christi; Israel Plazola, 26, Mexican Citizen and resident of Lytle, Texas; and Preston Moscorro, 30, formerly of Aransas Pass, Texas.

The charges are the result of an ongoing investigation dubbed Operation Prison Cell being conducted jointly by Immigration and Customs Enforcement – Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives and officers of the Texas Department of Criminal Justice – Office of Inspector General and the Corpus Christi Police Department Gang and Organized Crime Units.

The case is being prosecuted by Assistant U.S. Attorneys Mark Patterson and Michael Hess

Robbery Spree Buys Felon Lenthy Prison Term

CORPUS CHRISTI, TX—David Michael Hall, 32, who after escaping from a federal halfway house embarked on a spree robbing two banks in three days, has been sentenced to more than 14 years in federal prison, United States Attorney José Angel Moreno announced today.

United States District Judge Janis Graham Jack sentenced Hall today to 178 months in federal custody for robbing the International Bank of Commerce on

South Staples street

in Corpus Christi on July 12, 2010. Hall was also ordered to pay restitution to the bank in the amount of $8,116.00, which was not recovered. For the Trust Texas Bank robbery in Victoria, Texas on July 14, 2010, Judge Jack also sentenced Hall to 178 months in federal custody. The judge ordered that the two sentences are to be served concurrently and are to be followed by a three-year term of supervised release. Hall was convicted in November 2010, after pleading guilty to having used force, violence, and intimidation to rob the two financial institutions.

On July 12, 2010, the day of the International Bank of Commerce robbery, Hall had absconded from a halfway house in Corpus Christi where he was completing a sentence for a prior bank robbery. Hall hired a taxi to take him to the IBC bank, wait while he was inside, and drive him away following the robbery. Hall then stashed the stolen money and took a bus to Victoria, Texas. On July 14, 2010, Hall robbed the Trust Texas Bank, in Victoria. Hall was arrested hiding in a barber shop after the robbery. All of the money from the Victoria robbery, including several marked bills, was found in Hall’s pocket. Hall was not in possession of a weapon at the time of his arrest.

The investigation leading to the charges was conducted by the FBI and the Corpus Christi and Victoria Police Departments. Assistant United States Attorney Robert D. Thorpe Jr. prosecuted the case.

13 alleged members, associates of 'Raza Unida' gang charged with racketeering

CORPUS CHRISTI, Texas - An eight-count indictment charging 13 alleged members and associates of the Raza Unida street and prison gang with committing violent acts to support racketeering (VICAR) was unsealed on Thursday. This unsealed indictment was announced by the following agency heads: U. S. Attorney Jose Angel Moreno, Southern District of Texas; U.S. Immigration and Customs Enforcement's (ICE) Director John Morton; Bureau of Alcohol, Tobacco Firearms and Explosives (ATF) Special Agent in Charge J. Dewey Webb; Inspector General John Moriarty of the Texas Department of Criminal Justice's Office of the Inspector General's Office (TDCJ-OIG); and Corpus Christi Police Department (CCPD) Chief Troy Riggs.

"This multi-agency effort will produce a safer community for our citizens," said U.S. Attorney Moreno. "We will continue to aggressively target gangs who prey upon our communities and ensure that they are brought to justice."

The following 13 defendants named in the indictment are now in federal custody: Preston Mascorro, 29; Karlos Bouchot, aka Karlos Gustavo Bouchot, 35; Rudy Rodriguez, 31; Martin Guardiola III, 35; Ricky Alejandro, 25; Israel Plazola, 26; Michael Ornelas, 31; Anthony Torres, 34; Jerome Aranda, 31; Johnny Joe Guerra, 33, Orlando Garcia, aka Orlando Amador Garcia, 32; Valerie Botello, 28; and Stephen Ayala, 34.

"

Violent street

gangs enable criminal activity and hold our communities hostage through fear and intimidation," said Morton. "By working closely with our law enforcement partners, ICE is committed to identifying, targeting and dismantling transnational gang enterprises."

Guerra and Aranda were arrested Dec. 14 without incident. Both appeared before a U.S. Magistrate Judge on Wednesday and have been ordered temporarily detained pending a detention hearing. The remaining 11 defendants, already in federal or state custody on other charges, appeared in federal court this morning. All 13 defendants have been ordered temporarily detained pending arraignment and a detention hearing set for Dec. 17.

The United States is seeking an order to detain all 13 defendants in federal custody without bond pending trial on the charges. All of the defendants have been residents of Corpus Christi and all are U.S. citizens, except for Plazola who is a Mexican national illegally residing in the United States.

"ATF along with our federal, state and local law enforcement partners are committed to fighting gang violence," said Webb. "We will continue to go after those who violate the law and will use all necessary resources to do so."

The indictment, returned under seal on Dec. 8, by a Corpus Christi grand jury, alleges that Mascorro, Bouchot, Rodriguez, Guardiola, Alejandro, Plazola, Ornelas and Torres were members and associates of a criminal organization commonly known as the Raza Unida. These gang members and associates function as a unit engaged in acts of violence including murder, robbery and narcotics trafficking. This violence is designed to maintain and increase the position of the Raza Unida gang. The series of violent offenses as alleged in the following counts one through four charges the various defendants with aiding racketeering to further the purpose of the Raza Unida.

Count 1: Bouchot and Rudy Rodriguez are accused of conspiring together in April to murder J. S.

Count 2: Rodriguez is accused of assaulting two persons - M. B. and V. G. - with a dangerous weapon on March 31.

Count 3: Alejandro and Anthony Torres are accused of assaulting D. L. with a dangerous weapon on Jan. 12.

Count 4: Mascorro, Guardiolas, Alejanadro, Plazola and Ornelas are charged together with the assault with a dangerous weapon of R. O. on May 1.

Count 5: Mascorro, Bouchot, Aranda, Guerra, Garcia and Botello are charged with conspiring together between November 2009 through May to distribute 5.66 kilograms of a mixture or substance containing a detectable amount of methamphetamine. A conviction for this offense carries a maximum statutory penalty of life in prison and not less than 10 years.

A conviction for VICAR carries a statutory maximum punishment of 20 years imprisonment without parole.

The next two counts of the indictment charge firearms offenses related to violent crimes previously alleged in the indictment. Upon conviction, they carry mandatory consecutive terms of imprisonment ranging from not less than seven years for count six, and not less than 10 years for count seven. Alejandro is charged in count six with possessing and brandishing a 9mm semi-automatic Beretta on May 1, in furtherance of the assault alleged in count four. Torres is charged with possessing and discharging a .40-caliber Beretta on Jan. 12, in furtherance of the assault with a deadly weapon offense alleged in count three.

Ayala, allegedly a previously convicted felon, is charged in the last count of the indictment with possessing three 12-guage shotguns. As a previously convicted felon, Ayala is prohibited by federal law from possessing firearms. A conviction for this offense carries a statutory maximum penalty of not more than 10 years.

The three assault-with-a-deadly weapon charges arise from a home invasion in which a man was shot, and two other shootings at Corpus Christi nightclubs. The conspiracy-to-murder charge allegedly occurred at the (TDCJ) McConnell Unit Prison in Beeville, Texas, during a time when both defendants charged were confined there.

"Criminal organizations actively engaging in violent crime will aggressively be investigated both on the streets of and within the prisons of Texas," said Moriarty. "Prison fences will not be an obstacle to rooting out criminals that prey on the public."

During the course of the investigation leading to this indictment, agents and officers seized about six kilograms (13 lbs.) of crystal methamphetamine with an estimated street value of more than $300,000.

This ongoing multi-agency investigation has thus far resulted in 16 other convictions for federal offenses, including a car theft ring, drugs and firearms. These convictions are due to the continuing efforts of the following cooperating agencies: U.S. Attorney's Office, ICE's Homeland Security Investigations, ATF, CCPD, TDCJ-OIG and the Bee County District Attorney's Office. Assistant U.S. Attorney Mark Patterson, S. District of Texas, is prosecuting the case.

"The arrests and prosecution of these gang members represent a major setback to this extremely violent prison gang," said Riggs. "Today, Corpus Christi is a safer community as a result of the hard work and combined efforts of the many devoted local, state, and federal law enforcement officers who worked on this case. The success of this operation exemplifies the outstanding cooperation between the Corpus Christi Police Department and our partners in state and federal law enforcement, as well as the continuing support of the dedicated prosecutors of the U.S. Attorney's office."

The Raza Unida prison gang was formed in the late 1980s in the Texas prison system by Latino inmates; it operates inside and outside jail and prison facilities. This gang should not be confused with a political action group by the same name.

An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless and until convicted through due process of law.