12 Mexican Mafia Members Guilty in Racketeering Case

In a major victory for federal prosecutors, 12 members of the Mexican Mafia were convicted Friday of racketeering and conspiracy charges, including murder and extortion carried out in a ruthless bid to extend the group’s influence beyond California’s prisons.

The seven-man, five-woman jury, however, acquitted one defendant, Victor “Victorio” Murrillo, 51, of Visalia, of charges of conspiring to violate the federal Racketeer Influenced and Corrupt Organizations Act (RICO) and conspiracy to murder an associate of the prison gang.

The verdicts capped a costly government effort to strike a blow against the group--commonly known as La Eme, the Spanish pronunciation for the letter M. Federal authorities financed an 18-month investigation and collected more than 300 secret videotapes and audio recordings.

The six-month trial marked the first time that federal authorities in Los Angeles have used the RICO statute against a gang. Originally, the RICO law was created to fight organized crime.

The importance the government put on the case was underscored by the presence in court Friday of U.S. Atty. Nora M. Manella.

“I am very pleased with today’s verdicts,” Manella said in a statement, taking note of the efforts of the FBI, the Los Angeles Police Department, the Los Angeles County Sheriff’s Department and the California Department of Corrections in the case.

In all, 12 defendants were convicted of violating RICO and conspiracy to violate RICO. Most were found guilty of murdering seven people, including three advisors on Edward James Olmos’ movie about the Mexican Mafia, “American Me.”

Ten were convicted of conspiracy to aid and abet in the distribution of cocaine and other illegal drugs by extorting “taxes” from Los Angeles street gangs.

That means two of the major figures in the case, reputed Eme godfather Benjamin “Topo” Peters, 56, and reported rival leader Ruben “Tupi” Hernandez, 37, face life sentences in federal prison. The two are already serving life terms at Pelican Bay State Prison, the toughest of California’s penal facilities.

The verdicts were lauded by a former Mexican Mafia member who left the group to aid law enforcement.

“The verdicts don’t surprise me because I know of no other deadly group like the Eme,” said former Mexican Mafia member Ramon “Mundo” Mendoza, who keeps his whereabouts a secret to avoid Eme reprisals. “They are capable of killing people without a second’s thought about it.”

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While the government scored the court victory over the Eme, the actual effect of the convictions on the streets is questionable, according to law enforcement experts who monitor the prison gang.

In recent months, while the case against the 13 defendants dragged on in the Roybal Federal Building downtown, Eme leaders have continued to meet with local street gangs, “tax” their profits from drug sales and issue orders to carry out Mexican Mafia wishes, they say.

“I don’t think the mob’s going to shut down because of this,” said a veteran state corrections official, who asked not to be identified. “They’ve come too far, and it’s been too many years. I think it’s [still] going to be business as usual.”

One investigator who worked on the case called the verdict a “double-edged sword.” Even though some of the Eme’s major leaders, who ruthlessly controlled street gangs, were convicted, a greater potential of violence exists because gang members may not be reined in as tightly when h these leaders are dispersed across the federal prison system.

Other than Manella’s statement, the prosecutors had no comment, leaving unanswered the question of whether federal officials plan more efforts against the Mexican Mafia.

Three of the defendants, David “Smilon” Gallardo, 37, Alex “Pee Wee” Aguirre, 32, and Randy “Cowboy” Therrien, 36, were found guilty of killing Eme member Manuel “Rocky” Luna, an unpaid advisor on Olmos’ 1992 movie.

Gallardo and Therrien were found guilty of killing Charles “Charlie Brown” Manriquez, another Eme member who also was an unpaid advisor on the movie.

Gallardo also was found liable for the death of Eastside anti-gang activist Ana Lizarraga, another film advisor.

Also convicted of racketeering and other charges were Juan “China Boy” Arias, 27; Daniel “Black Dan” Barela, 51; Ruben “Nite Owl” Castro, 36; Raymond “Champ” Mendez, 46; Jesse “Pelon” Moreno, 58; Raymond “Huero Shy” Shryock, 45; and Joe “Shakey Joe” Hernandez, 42.

The reading of the verdicts Friday afternoon, culminating 10 days of jury deliberations, was delayed as more than two dozen reporters and family members tried to get into the high-security courtroom. Only a few managed to gain entry.

The courtroom was silent as Juror 19, a woman, handed in the verdicts. The defendants showed little emotion as the guilty verdicts were read.

When it was clear that Murrillo was acquitted, several other defendants shouted their joy to him or shook his hand.

The usually reserved Murrillo was admonished by U.S. District Judge Ronald S. W. Lew, who told him to pipe down. “I know you’re happy but I haven’t signed the [release] papers yet,” the judge told him. “So keep it down.”

Outside the court, Murrillo’s lawyer, Elliot Stanford, said the government had no case against him. “I’m still trying to figure out why they charged him in this case,” Stanford said.

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While the other defense attorneys declined comment, some of the defendants’ relatives and supporters struggled for words to express their disappointment.

“My mind is blank,” said Sally Soto, who is engaged to Peters and plans to ask for the judge’s permission to marry him before he is transferred to a federal prison.

Fighting back tears, Soto added: “I thought he was going to get a second chance. I thought we would both get a second chance.”

Richard Moreno, brother of defendant Jesse Moreno, criticized the jury for delivering what he called a hasty verdict.

“For them to put somebody in prison for probably the rest of their lives, that was too quick,” Moreno said. “They should have given it some more time.”

Sentencing for the 12 was set for Sept. 2-5.

Among the 29 counts, the defendants were accused of killing seven people, most of them Eme members who fell out of favor. They also were accused of trying to kill 18 others, most of them gang members who refused to pay “taxes” to the Eme.

In addition to the murders of the three “American Me” movie advisors, the defendants originally were accused of trying to extort money from Olmos because they were unhappy with him and the movie. But the accusation was dropped from the case without explanation.

Prosecutors held two trump cards--their star witness, Ernest “Chuco” Castro, and more than 300 videotapes and audio recordings that gave a rare inside look at how the prison gang operates. FBI agents were able to secretly record the tapes--in hotel rooms, parks and restaurants and over the telephone--with Castro’s help.

Castro, 39, an admitted Mexican Mafia member and an ex-convict, agreed to cooperate with authorities after he was arrested in November 1993, when authorities found a cache of weapons underneath his Alhambra home.

A veteran of the Varrio Nuevo Estrada gang in Boyle Heights, Castro testified that he grew tired of murdering and robbing in the name of the Mexican Mafia.

“I was tired of criminal activities and fear [of getting killed],” he testified in late January. “It’s a pattern. Eventually everybody gets stabbed that’s a [Mexican Mafia] member, or the majority of the people do eventually.”

Under the questioning of Assistant U.S. Atty. Lisa Lench, the lead prosecutor in the case, Castro spent eight days describing the Eme and its inner workings, its rules about membership, its plans to tax street gangs, and the murder plots that were hatched at videotaped hotel meetings.

During his testimony, Castro admitted that he joined the Mexican Mafia in 1983 because he wanted “to be a member of the ultimate gang.”

On cross-examination, Castro underwent six weeks of intense grilling as defense attorneys accused him of being a murderous instigator who became a government informant to save his own skin after the weapons arrest. Without the government’s help, he faced a lengthy prison term.

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Defense attorneys called Castro a “rat,” a “liar,” a “thief” and a “cockroach.” They focused on inconsistencies in his stories and accused his handlers in the FBI of not keeping him under closer scrutiny.

Wasn’t it true, the attorneys asked, that Castro’s bail from his 1993 arrest was lowered from $500,000 to $100,000 and that the FBI did nothing when it learned he put up the proceeds from an illegal drug sale, $10,000, to make bail?

In court, prosecutors did not respond to the assertion.

Wasn’t Castro seen on one secretly recorded videotape, the defense asked, advocating violence against Olmos? Weren’t some of the defendants accused of the same thing?

Although Castro was heard asking in one 1994 tape if Olmos was “fair game,” prosecutors said that the defendants, not Castro, had first brought up the actor’s name.

Defense attorney Joseph F. Walsh questioned the government’s control over Castro, noting it has paid him nearly $200,000 since late 1993 even though he admitted he had violated several aspects of his immunity agreement with authorities.

“Money is a powerful motivating factor and it’s a great temptation,” Walsh argued. “And Ernest Castro is not one who has been known in the past to resist any type of temptation. Why would he not be affected by the government’s money?”

In her closing statement, Lench defended the reliance on Castro. “But for Ernest Castro, or someone like him, we likely would not have had the opportunity to hear in depth just how this organization functions,” she said.

“That doesn’t mean that we as a prosecution or investigative team embrace him. It means that he’s a fact of life. It means that law-abiding citizens don’t belong to the Eme. They aren’t privy to the Eme’s inner workings and they can’t expose the Eme to you.”

If the jurors concluded they couldn’t trust Castro, Lench said, the government’s tapes--which were not for the most part challenged by the defense--could still be considered.

At times, competing interests for the defense were evident. Several of the defendants disliked co-defendant Ruben Hernandez, a reputed leader of a rival faction within the Eme, and tried to stab him to death in a federal holding cell before the trial started in November. So, when Hernandez’s attorney, Sonia Chahin, was in the middle of her closing statement, it surprised few that fellow defense attorneys Yolanda Barrera and Elsa Leyva asked for a mistrial, contending that Chahin’s comments were inflammatory against their clients for alleging that they wanted to kill Hernandez and his mother.

Although Barrera, Leyva and Chahin share an office, that arrangement meant nothing when it came to fighting for a client. “We’re doing the very best we can for our clients,” Barrera said. Judge Lew denied the mistrial motion.

Originally, 22 suspected Mexican Mafia members and associates were indicted in May 1995. Seven of those pleaded guilty. Another defendant and reputed Eme member, Ambrose “Sporty” Gill, 41, is to be tried later.

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One reputed Eme member who was indicted by a federal grand jury, Antonio “Tonito” Rodriguez, 29, was never arrested. On the day that the indictment was returned in 1995, Rodriguez was gunned down in an El Sereno shootout as part of a continuing rivalry between two local street gangs, one of which was supported by the Eme, authorities say.

In reaching its decisions, the jury had to contend with a 23-page verdict form and some complicated instructions. Even now, the jury’s work is not over.

Prosecutors are seeking to keep an estimated $10,000 to $12,000 in cash and other assets seized from some of the 12 remaining defendants, alleging that those assets were gained as a result of Eme activities.

Among the items sought are a 1992 Honda Civic and a 1988 Cadillac.

The jurors must return June 17 to decide whether the federal government can keep the property.

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‘Gang of Gangs’

*Top Leader: Reputed godfather Benjamin “Topo” Peters, 56, was among those convicted. Believed to be founder, he is already serving a life term for murder.

* History: “Gang of gangs” established in 1957 by inmates from East Los Angeles at a state facility for young offenders in Tracy.

* Influence: Has spread to virtually every prison in California.

* Size: 400 to 600 members. with twice as many sympathizers as associates, authorities say.

The Mexican Mafia Defendants

Here are profiles of the 13 defendants accused in the Mexican Mafia trial, in which authorities said a prison gang had tried to move in and control Southland street gangs through murder and extortion.

Found Guilty

Benjamin “Topo” Peters

Reputed godfather of the Mexican Mafia, Peters, 56, was serving a life term at Pelican Bay State Prison when he was indicted in this case.

Verdicts: Guilty of violations of Racketeer Influenced and Corrupt Organizations [RICO] act and conspiracy to violate RICO; guilty of the murder of Jose “Sluggo” Pineda; not guilty of the murder of Charles “Charlie Brown” Manriquez.

Ruben “Tupi” Hernandez

From the Inland Empire, Hernandez, 37, leads a Mexican Mafia faction that is a rival of Peters. He was serving a life sentence at Pelican Bay when indicted.

Verdicts: Guilty of violations of RICO act, conspiracy to violate RICO and conspiracy to aid in the distribution of cocaine and other drugs.

Alex “Pee Wee” Aguirre

Aguirre, 32, is a reputed Eme veteran from the Avenues street gang in northeast Los Angeles.

Verdicts: Guilty of violations of RICO, conspiracy to violate RICO and conspiracy to aid in the distribution of cocaine and other drugs; guilty of the murder of reputed Eme member Manuel “Rocky” Luna; guilty of conspiracy to kill gang member Donald “Little Man” Ortiz; guilty of 1995 attack on six Cypress Park gang members.

Joe “Shakey Joe” Hernandez

The only defendant who isn’t a full-fledged Eme member, Hernandez, 42, was the group’s reputed telephone go-between.

Verdicts: Guilty of violations of RICO act, conspiracy to violate RICO and conspiracy to aid in distribution of drugs; guilty of conspiracy to kill two L.A. gang members; guilty of 1995 attack on six Cypress Park gang members.

Daniel “Black Dan” Barela, 51

Barela, 51, is a veteran Mexican Mafia member who authorities say ruthlessly enforced Eme policies.

Verdicts: Guilty of violations of RICO act, conspiracy to violate RICO and conspiracy to aid in distribution of drugs; guilty of conspiring to kill four others; guilty of illegally distributing mixtures of methamphetamine.

Raymond “Huero Shy” Shryock

An Anglo who grew up in Latino barrios and eventually joined the Mexican Mafia in the 1970s. Shryock, 45, allegedly directed Eme drug activities in the San Gabriel Valley.

Verdicts: Guilty of violations of RICO act, conspiracy to violate RICO and conspiracy to aid in the distribution of drugs; guilty of the murder of a gang member in Chino and attempted murders of two others in Chino; guilty of conspiring to kill two L.A. gang members.

David “Smilon” Gallardo

A reputed Mexican Mafia member; a dispute by Gallardo, 37, with Hazard gang members in Boyle Heights over taxing led to violent shootouts. Of the defendants, he was charged with the most counts, 12.

Verdicts: Guilty of violations of RICO act, conspiracy to violate RICO and conspiracy to aid in distribution of drugs; guilty of the murders of Manriquez, Luna and Hazard gang member Ricardo “Rascal” Gonzalez; guilty of trying to kill two Hazard gang members; guilty of conspiring to kill two others.

Juan “China Boy” Arias

Allegedly joined the Eme through Gallardo’s sponsorship. Arias, 27, was wounded in one shootout with rivals in Boyle Heights.

Verdicts: Guilty of violations of RICO act, conspiracy to violate RICO and conspiracy to aid in distribution of drugs; not guilty of conspiring to kill a former Eme member; guilty of trying to kill a Hazard gang member.

Ruben “Nite Owl” Castro

An 18th Street gang veteran, Castro, 36, directed much of the extortion and contract murders attributed to the Mexican Mafia while at L.A. County Jail.

Verdicts: Guilty of violations of RICO act, conspiracy to violate RICO and conspiracy to aid in the distribution of cocaine and other drugs; guilty of conspiracy to kill five L.A. gang members.

Randy “Cowboy” Therrien

From the Latino barrio of Bassett. Therrian, 36, was absent from court for unexplained reasons.

Verdicts: Guilty of violations of RICO act, conspiracy to violate RICO and conspiracy to aid in distribution of drugs; guilty of the murders of Manriquez and Luna; guilty of conspiracy to kill two others.

Raymond “Champ” Mendez

Mendez, 46, of Santa Ana worked for the Orange County Public Defender’s Office when arrested in 1995. A paralegal, Mendez may have had access to sensitive information on witnesses and informants, authorities say.

Verdicts: Guilty of violations of RICO act, conspiracy to violate RICO and conspiracy to aid in distribution of drugs; not guilty of conspiracy to commit two murders.

Jesse “Pelon” Moreno

The oldest of the defendants at 58, Moreno had been out of trouble for almost 10 years before his indictment in this case.

Verdicts: Guilty of violations of RICO act and conspiracy to violate RICO; guilty of conspiracy to kill two L.A. gang members.

ACQUITTED

Victor “Victorio” Murrillo

From Visalia in the San Joaquin Valley, Murrillo, 51, has been accused by authorities of running heroin from the Central Valley to Los Angeles.

Verdicts: Found not guilty of conspiracy to violate RICO and conspiracy to kill an L.A. gang member.