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Defendant Denis Rivera and two co-defendants Luis Alberto Cartagena and Noe David Ramirez-Guardado were indicted and now face trial for murder of Joaquin Diaz.

Originally indicted for the same murder were three other individuals Angel Barrera, Andy Salinas, and Fredie Baires all of whom have now pled guilty and been sentenced. Yet, another individual, a juvenile, was also charged with the murder, but was inadvertently released from detention and is now a fugitive.

The government alleges that Rivera and the five adults and one juvenile charged with Diaz’s murder were all active members of Mara Salvatrucha, a violent Hispanic national youth gang commonly referred to as MS-13.

The evidence makes clear that MS-13 is a violent, criminal gang.

The evidence shows that there is no doubt that Rivera was a prominent member of MS-13, and thus a member of a conspiracy.

Moreover, Detective Bello testified that he believed Rivera is a powerful MS-13 leader, presumably in the Big Gangster Loco Salvatruchas clique, because (i) Rivera indicated during a March 7, 2003 interview that “he has pull and power in the gang” such that he “has people who could kill Paz for him“, and (ii) because Junior, an MS-13 member in Texas, wrote a letter to Rivera in 2003 seeking specific direction on what to do about Paz’s cooperation with the government.

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Yagunov
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