IN THE UNITED STATES DISTRICT COURT FOR THE...

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA :

v. : CRIMINAL NO. 09 - 155 - 06

ABRAN FIGUEROA, :a/k/a "King Ace,"

PRETRIAL DETENTION ORDER

AND NOW, this ____ day of _______________, 2010, after an evidentiary hearing

and argument of counsel for the government and the defendant, the Court FINDS that:

(a) the defendant has failed to rebut the presumption that, based on the charges

in the indictment, he is both a danger to the community and a risk of flight pursuant to 18 U.S.C.

§ 3142(e);

(b) the government has proved by a preponderance of the evidence that no

condition or combination of conditions will reasonably assure the appearance of the defendant as

required; and

(c) the government has proved by clear and convincing evidence that no condition

or combination of conditions will reasonably assure the safety of other persons and of the

community, as required by Title 18, United States Code, Section 3142(e).

The Court MAKES the following findings of fact:

This case is appropriate for detention under Title 18, United States Code, Section

3142(e) because:

Case 5:09-cr-00155-JHS Document 31 Filed 07/23/10 of 14

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A. Probable Cause And The Evidence In This Case

1. There is probable cause to believe that the defendant has committed the

crimes of conspiracy to participate in a racketeering enterprise, in violation of 18 U.S.C. § 1962(d)

(one count), conspiracy to commit murder in aid of racketeering, in violation of 18 U.S.C. §

1959(a)(5) (one count), conspiracy to commit kidnaping in aid of racketeering activity, in violation

of 18 U.S.C. § 1959(a)(5) (one count), kidnaping in aid of racketeering, in violation of 18 U.S.C. §

1959(a)(1) (one count), assault with a dangerous weapon in aid of racketeering, in violation of 18

U.S.C. § 1959(a)(3) (one count), and felon in possession of a firearm, in violation of 18 U.S.C. §

922(g)(1) (two counts), as charged by Superseding Indictment on April 28, 2010.

2. The evidence in this case is strong and consists, in part, of audio and video

recordings, surveillance observations by law enforcement, seized controlled substances and weapons,

and is supported by the testimony of a member of the Federal Bureau of Investigation and various

police officers involved in the investigation and arrest of defendant. The evidence shows that during

the charged period of 2001 through February 2010, in Bethlehem, in the Eastern District of

Pennsylvania, defendant ABRAN FIGUEROA was a member of a racketeering enterprise known

as the Bethlehem Sun Tribe of the Almighty Latin King Queen Nation ("ALKQN"). FIGUEROA,

like the other members of the Sun Tribe, swore allegiance and obedience to the Latin King "nation."

During the charged time period, the Sun Tribe engaged in numerous racketeering activities including,

but not limited to, murder, conspiracy to murder rivals and others who had fallen into disfavor with

the Sun Tribe, kidnaping, and the trafficking of controlled substances and weapons. As a member

of the Sun Tribe, and in the leadership position of Fifth Crown, FIGUEROA participated in these

and other crimes.


3

3. During the period of the conspiracy, defendant ABRAN FIGUEROA, and

other members of the Sun Tribe, met regularly, in and around Bethlehem, in meetings governed by

Tribe rules and the rules of the national leadership of the Latin King nation. In these meetings, dues

were collected, "trials" were held on alleged violations of Tribe rules, and punishments were issued,

including orders that violators and others be beaten or killed. All decisions and decrees were made

based upon the best interests of the Tribe and were binding on all Tribe members.

4. On or about November 25, 2007 through January 2008, defendant ABRAN

FIGUEROA, and other members of the Sun Tribe, agreed to kill a Tribe associate known as "Big

Head Izzy." FIGUEROA and the other Tribe members determined that Big Head Izzy had "snitched"

to law enforcement officers who were investigating a murder committed by co-defendant Neftali

Colon, one of FIGUEROA's fellow Sun Tribe members. The murder of Big Head Izzy was

prevented when law enforcement officers were tipped off to the plans and arrested the intended

victim on an unrelated warrant.

5. On or about January 23, 2008, defendant ABRAN FIGUEROA, and other

members of the Sun Tribe, agreed to kidnap and assault a Tribe associate known as "Little Ricky."

FIGUEROA and the other Tribe members determined that Little Ricky had "snitched" to law

enforcement officer who were investigating a shooting committed years earlier by a person whom,

at the time of the shooting, was a member of the Sun Tribe. On January 24, 2008, as a result of the

agreement amongst FIGUEROA and the other Sun Tribe members, FIGUEROA and co-defendant

Waldemar Torres, a/k/a "King Vail," kidnaped "Little Ricky" at gunpoint from his Bethlehem

residence. Little Ricky was taken to a remote area where he was pistol whipped by FIGUEROA and

Torres. During the assault, the men told Little Ricky that he was henceforth "stripped of his Crown,"


4

referring to his membership in the Sun Tribe.

6. On at least two occasions between March 2008 and April 2008, defendant

ABRAN FIGUEROA unlawfully possessed and sold a total of three firearms to a fellow member

of the Sun Tribe. FIGUEROA conducted these transactions despite being prohibited by law from

possessing any firearms as a result of a prior felony drug conviction.

7. On July 21, 2010, at the time of the arrest of ABRAN FIGUEROA, agents

searching his residence recovered a cache of Latin Kings "literature" including Latin Kings prayers,

rules, codes, and minutes and records of Sun Tribe meetings and activities. For example, see

Attachment A. FIGUEROA was also in possession of Latin Kings "gear" including beads and

clothing depicting a crown.

8. The strength and nature of the case against the defendant and the

corresponding probability that the defendant will be incarcerated for a significant period of time,

establishes his danger to the community, and increases the high risk that the defendant will not

appear as required by the Court.

B. Maximum Penalties

1. The defendant is charged with one count of conspiracy to participate in a

racketeering enterprise, in violation of 18 U.S.C. § 1962(d), one count of conspiracy to commit

murder in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(5), one count of conspiracy to

commit kidnaping in aid of racketeering activity, in violation of 18 U.S.C. § 1959(a)(5), one count

of kidnaping in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(1), one count of assault with

a dangerous weapon in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(3), and two counts

of felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1).


2. As charged, the defendant faces a total maximum sentence of up to life

imprisonment.

3. Accordingly, the defendant has a substantial incentive to flee.

C. Prior Criminal Record

The defendant has at least one prior felony drug conviction from 2003 in

Northampton County, Pennsylvania.

D. Ties to the Community

While the defendant does appear to have some contacts with the Eastern District of

Pennsylvania, it is in this same community that he committed the alleged crimes of violence and

firearm trafficking. Moreover, the law does not place significant emphasis on this factor and the

contacts in the instant case do not outweigh the other factors discussed herein.

Therefore, it is ORDERED that:

(1) the defendant be committed to the custody of the Attorney General for

confinement in a corrections facility separate, to the extent practicable, from persons awaiting or

serving sentences or being held in custody pending appeal;

(2) the defendant be afforded reasonable opportunity for private consultation with

counsel; and


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(3) on Order of a Court of the United States, or on request of an attorney for the

government, the person in charge of the corrections facility in which the defendant is confined

deliver the defendant to a United States Marshal for the purpose of an appearance in connection with

a court proceeding.

BY THE COURT:

HONORABLE DAVID R. STRAWBRIDGEUnited States Magistrate Judge


Under the Bail Act, a judicial officer shall hold a detention hearing upon motion of the1

government in a case, as here, which involves either a crime of violence or a drug crime punishableby imprisonment of ten years or more, or a crime with a maximum potential sentence of lifeimprisonment, 18 U.S.C. § 3142(f)(1)(A)-(C), or a crime which involves a serious risk that thedefendant will flee. 18 U.S.C. § 3142(f)(2)(A).

The government must prove by a preponderance of the evidence that no conditions of release2

reasonably will assure the defendant's appearance or prove by clear and convincing evidence that noconditions of release will assure the safety of the community. United States v. Himler, 797 F.2d 156,161 (3d Cir. 1986).

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA :

v. : CRIMINAL NO. 09 - 155 - 06

ABRAN FIGUEROA, :a/k/a "King Ace,"

GOVERNMENT'S MOTION AND MEMORANDUM FORHEARING AND DEFENDANT'S PRETRIAL DETENTION

The United States of America, by Zane David Memeger, United States Attorney for

the Eastern District of Pennsylvania, and John Gallagher and Seth Weber, Assistant United States

Attorneys, moves for a detention hearing and pretrial detention of the defendant pursuant to 181

U.S.C. § 3142(e). The government seeks this Order, because no condition or combination of

conditions will reasonably assure the defendant's appearance as required or the safety of other

persons and the community.2

I. THE FACTS

In support of this motion, the government makes the following representations and

proposed findings of fact:


2

A. Probable Cause And The Evidence In This Case

1. There is probable cause to believe that the defendant has committed the

crimes of conspiracy to participate in a racketeering enterprise, in violation of 18 U.S.C. § 1962(d)

(one count), conspiracy to commit murder in aid of racketeering, in violation of 18 U.S.C. §

1959(a)(5) (one count), conspiracy to commit kidnaping in aid of racketeering activity, in violation

of 18 U.S.C. § 1959(a)(5) (one count), kidnaping in aid of racketeering, in violation of 18 U.S.C. §

1959(a)(1) (one count), assault with a dangerous weapon in aid of racketeering, in violation of 18

U.S.C. § 1959(a)(3) (one count), and felon in possession of a firearm, in violation of 18 U.S.C. §

922(g)(1) (two counts), as charged by Superseding Indictment on April 28, 2010.

2. The evidence in this case is strong and consists, in part, of audio and video

recordings, surveillance observations by law enforcement, seized controlled substances and weapons,

and is supported by the testimony of a member of the Federal Bureau of Investigation and various

police officers involved in the investigation and arrest of defendant. The evidence shows that during

the charged period of 2001 through February 2010, in Bethlehem, in the Eastern District of

Pennsylvania, defendant ABRAN FIGUEROA, was a member of a racketeering enterprise known

as the Bethlehem Sun Tribe of the Almighty Latin King Queen Nation ("ALKQN"). FIGUEROA,

like the other members of the Sun Tribe, swore allegiance and obedience to the Latin King "nation."

During the charged time period, the Sun Tribe engaged in numerous racketeering activities including,

but not limited to, murder, conspiracy to murder rivals and others who had fallen into disfavor with

the Sun Tribe, kidnaping, and the trafficking of controlled substances and weapons. As a member

of the Sun Tribe, and in the leadership position of Fifth Crown, FIGUEROA participated in these

and other crimes.


3

3. During the period of the conspiracy, defendant ABRAN FIGUEROA, and

other members of the Sun Tribe, met regularly, in and around Bethlehem, in meetings governed by

Tribe rules and the rules of the national leadership of the Latin King nation. In these meetings, dues

were collected, "trials" were held on alleged violations of Tribe rules, and punishments were issued,

including orders that violators and others be beaten or killed. All decisions and decrees were made

based upon the best interests of the Tribe and were binding on all Tribe members.

4. On or about November 25, 2007 through January 2008, defendant ABRAN

FIGUEROA, and other members of the Sun Tribe, agreed to kill a Tribe associate known as "Big

Head Izzy." FIGUEROA and the other Tribe members determined that Big Head Izzy had "snitched"

to law enforcement officers who were investigating a murder committed by co-defendant Neftali

Colon, one of FIGUEROA's fellow Sun Tribe members. The murder of Big Head Izzy was

prevented when law enforcement officers were tipped off to the plans and arrested the intended

victim on an unrelated warrant.

5. On or about January 23, 2008, defendant ABRAN FIGUEROA, and other

members of the Sun Tribe, agreed to kidnap and assault a Tribe associate known as "Little Ricky."

FIGUEROA and the other Tribe members determined that Little Ricky had "snitched" to law

enforcement officer who were investigating a shooting committed years earlier by a person whom,

at the time of the shooting, was a member of the Sun Tribe. On January 24, 2008, as a result of the

agreement amongst FIGUEROA and the other Sun Tribe members, FIGUEROA and co-defendant

Waldemar Torres, a/k/a "King Vail," kidnaped "Little Ricky" at gunpoint from his Bethlehem

residence. Little Ricky was taken to a remote area where he was pistol whipped by FIGUEROA and

Torres. During the assault, the men told Little Ricky that he was henceforth "stripped of his Crown,"


4

referring to his membership in the Sun Tribe.

6. On at least two occasions between March 2008 and April 2008, defendant

ABRAN FIGUEROA unlawfully possessed and sold a total of three firearms to a fellow member

of the Sun Tribe. FIGUEROA conducted these transactions despite being prohibited by law from

possessing any firearms as a result of a prior felony drug conviction.

7. On July 21, 2010, at the time of the arrest of ABRAN FIGUEROA, agents

searching his residence recovered a cache of Latin Kings "literature" including Latin Kings prayers,

rules, codes, and minutes and records of Sun Tribe meetings and activities. For example, see

Attachment A. FIGUEROA was also in possession of Latin Kings "gear" including beads and

clothing depicting a crown.

8. The strength and nature of the case against the defendant and the

corresponding probability that the defendant will be incarcerated for a significant period of time,

establishes his danger to the community, and increases the high risk that the defendant will not

appear as required by the Court.

B. Maximum Penalties

1. The defendant is charged with one count of conspiracy to participate in a

racketeering enterprise, in violation of 18 U.S.C. § 1962(d), one count of conspiracy to commit

murder in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(5), one count of conspiracy to

commit kidnaping in aid of racketeering activity, in violation of 18 U.S.C. § 1959(a)(5), one count

of kidnaping in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(1), one count of assault with

a dangerous weapon in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(3), and two counts

of felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1).


The government must prove by a preponderance of the evidence that no conditions of release3

reasonably will assure the defendant’s appearance or prove by clear and convincing evidence thatno conditions of release will assure the safety of the community. See United States v. Himmler, 797F.2d 156, 161 (3d Cir. 1986).

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2. As charged, the defendant faces a total maximum sentence of up to life

imprisonment.

3. Accordingly, the defendant has a substantial incentive to flee.

C. Prior Criminal Record

The defendant has at least one prior felony drug conviction from 2003 in

Northampton County, Pennsylvania.

D. Ties to the Community

While the defendant does appear to have some contacts with the Eastern District of

Pennsylvania, it is in this same community that he committed the alleged crimes of violence and

firearm trafficking. Moreover, the law does not place significant emphasis on this factor and the

contacts in the instant case do not outweigh the other factors discussed herein.

II. THE LAW

A. Presumption of Dangerousness and Flight

1. This Court should order detention of the defendant pending trial because he

is both a danger to the community and a serious risk of flight. Due to the nature of the charges3

brought against the defendant, this Court must presume that the defendant is both a danger to the

community and a risk of flight absent sufficient rebuttal by the defendant. See 18 U.S.C. § 3142(e).

2. Congress has concluded that, for purposes of bail, engaging in a violent crime

which carries a maximum potential penalty of life imprisonment, 18 U.S.C. § 3142(f)(1)(A), as the


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grand jury has charged the defendant, within five years of the defendant's release from imprisonment

on a conviction for a state or federal drug crime punishable by ten years or more of imprisonment,

as is the case here, creates a rebuttable presumption that the defendant is a grave danger to the

community. See 18 U.S.C. § 3142(e)(2)(C) and 18 U.S.C. § 3142(f)(1)(C) ; see also United States

v. Strong, 775 F.2d 504, 507 (3d Cir. 1985) (examining legislative history and Congressional

findings). As charged, the defendant faces a maximum sentence of life imprisonment. See 18

U.S.C. § 1962(d) and 18 U.S.C. § 1959(a)(1). Accordingly, there is a rebuttable presumption that

the defendant must be detained pending trial. See 18 U.S.C. § 3142(e).

B. Family Ties Not Enough to Rebut Presumption

The legislative history of the Comprehensive Crime Control Act of 1983 indicates

that Congress found that community or family ties do not weigh heavily in the risk of flight analysis:

[Congress] is aware of growing evidence that the presence of this factor does not necessarilyreflect a likelihood of appearance, and has no correlation with the question of the safety ofthe community...[Congress] does not intend that a court conclude there is no risk of flight onthe basis of community ties alone.

Sen. Comm. on Judiciary, Comprehensive Crime Control Act of 1983, S. Rep. No. 98-225, 98th

Cong., 1st Sess. 24, 25 (1983).


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III. CONCLUSION

Nothing short of 24-hour custody and supervision can ensure the appearance of this

defendant and the safety of the community. The conditions of release enumerated in the detention

statute at Section 3142(c) would serve only to inform the Court, after the fact, that the defendant has

fled or resumed his criminal career.

Respectfully submitted,

ZANE DAVID MEMEGER United States Attorney

/s/ John M. Gallagher JOHN GALLAGHERSETH WEBERAssistant United States Attorneys


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CERTIFICATE OF SERVICE

I certify that on this day I caused a copy of the government's detention motion to be delivered by

electronic filing upon:

Dennis Caglia, Esq.502 Swede StreetNorristown PA

telephone (610) 275-7770facsimile (610) 270-9666

/s/ John M. Gallagher JOHN GALLAGHER

Assistant United States Attorney

Date: July 23, 2010


Case 5:09-cr-00155-JHS Document 31-1 Filed 07/23/10 Page 1 of 2

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