United States District Court, D. Nevada
NICHOLAS A. TRUTANICH United States Attorney District of
Nevada, DAVID L. JAFFE Chief, Organized Crime & Gang
Section U.S. Department of Justice, JOHN S. HAN, TRACEY
BATSON, CHRISTOPHER TAYLOR Trial Attorneys Organized Crime
& Gang Section U.S. Department of Justice, Representing
the United States of America.
RICHARD A. WRIGHT, ESQ. Counsel for defendant JOSE LUIS
MICHAEL J. MICELI, ESQ. Counsel for defendant MIGUEL
L. LUEM, ESQ. Counsel for defendant DAVID ARTURO
MOTION TO CERTIFY CASE AS COMPLEX AND ENTER A COMPLEX
CASE SCHEDULING ORDER
United States of America, by and through NICHOLAS A.
TRUTANICH, United States Attorney, DAVID L. JAFFE, Chief of
the Organized Crime Section, U.S. Department of Justice, and
JOHN S. HAN, TRACEY BATSON, and CHRISTOPHER TAYLOR, Trial
Attorneys, hereby moves the Court to certify the
above-referenced case as complex for the purposes of
computing and excluding time under the Speedy Trial Act, 18,
U.S.C. § 3161, and enter a revised scheduling order as
set forth herein. In support thereof, the Court is advised
that counsel for the government electronically provided
counsel for defendants a copy of this motion for their
review. The undersigned counsel for each defendant support
the motion and agree to the contents of the
motion. Given the complexity of the evidence,
volume of discovery, and death penalty protocol process (for
all three charged defendants), it is unreasonable to expect
each defendant could adequately prepare for trial within the
timeframe mandated by the Speedy Trial Act.
COMPLEXITY AND VOLUME OF THE CASE
The Charges, Potential Penalties, and Case Status
April 30, 2019, a federal grand jury seated in Las Vegas,
Nevada returned a three-count Indictment charging three
defendants - JOSE LUIS REYNALDO REYES-CASTILLO, a.k.a.
“Molesto, ” MIGUEL TORRES-ESCOBAR, a.k.a.
“Chamilo, ” and DAVID ARTURO PEREZ-MANCHAME,
a.k.a. “Walter Melendez, ” a.k.a.
“Herbi” -- with offenses related to the January
21, 2018 murder of Arquimidez Sandoval-Martinez. (ECF No. 1).
More specifically, all three defendants are charged with
Murder in Aid of Racketeering (VICAR Murder), in violation of
Title 18, United States Code, Sections 1959(a)(1) and 2
(Count One); Using, Carrying, and Discharging a Firearm
During and In Relation to a Crime of Violence, in violation
of Title 18, United States Code, Sections 924(c) (Count Two);
and Causing Death Through the Use of A Firearm, in violation
of Title 18, United States Code, Sections 924(j) and 2 (Count
Counts One and Three are both death penalty eligible
offenses. Count Two carries a mandatory minimum penalty of 10
years' imprisonment and a statutory maximum penalty of
Defendants TORRES-ESCOBAR and PEREZ-MANCHAME have been
arraigned and entered pleas of Not Guilty in this District.
Defendant REYES-CASTILLO is expected to be arraigned on or
about June 25, 2019. The Court joined Defendants
TORRES-ESCOBAR and PEREZ-MANCHAME for trial, setting a trial
date of July 29, 2019.
Brief Summary of the Case and Evidence
Indictment alleges that the defendants were members and
associates of the criminal street gang Mara
Salvatrucha, commonly known as MS-13, and the Parkview
clique in Las Vegas, Nevada, specifically. The Indictment
further alleges that MS13, including its leaders, members,
and associates, constituted an enterprise which engaged in
racketeering activity consisting of multiple acts involving
murder, kidnapping, and robbery, among other offenses.
discovery in this case will be voluminous. It includes, but
is not limited to, thousands of pages of documents, including
the complete “murder book”, investigative reports
from both federal and state agencies, court documents,
photographs, medical examiner reports, summaries and/or
transcripts of multi-hour interviews with various individuals
(several of which involve Spanish speakers and are in the
process of being translated), toll records, forensic reports
and related data, social media records, and other such
materials; multiple audio and video recordings; and items of
physical evidence, including clothing, knives, firearms, and
other such items.
Pretrial Motions and Discovery
While the government intends to meet its obligations under
Rule 16 of the Federal Rules of Criminal Procedure and other
applicable law, the defendants will require substantial time
in order to thoroughly review the discovery, conduct any
necessary follow-up investigation, apprise their clients of
the nature of the evidence against them, and research,
prepare, and file any necessary pretrial motions that defense
counsel deem necessary given the evidence and posture of the
Moreover, all three defendants are charged with death penalty
eligible offenses. Whether the government decides to seek
death or seek approval not to seek death, such requires
compliance with death penalty protocol processes which will
be time-consuming and will require participation of counsel
for each defendant with regard to presenting mitigating
information. Defense counsel will need sufficient time to
accumulate mitigation information to present to the United
States Attorney and the Attorney General of the United
States. Finally, since cooperation is a consideration in the
death penalty decision, each defendant will require time to
review discovery in order to make an informed decision as to
whether to seek a plea agreement. If this occurs, the
government will require time to debrief any such defendant.
Proposed Complex Case Schedule
The Initial ...