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  1. #1
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    2 Alleged MS-13 Gang Members Charged as Adults for Murder

    2 S.F. juveniles charged as adults with murder

    Jaxon Van Derbeken, Chronicle Staff Writer

    Tuesday, November 11, 2008


    (11-10) 16:32 PST SAN FRANCISCO -- Two San Francisco juveniles charged as adults with murder in the stabbing death of a 14-year-old boy boasted and laughed about the killing in secretly recorded conversations with a government informant, authorities said.

    "What made me laugh is how he went down," Marlon Rivera, a 16-year-old alleged member of the Mara Salvatrucha (MS-13) street gang, said soon after Ivan Miranda was stabbed with a sword early July 31 on an Excelsior district street, according to police.

    Also facing adult charges is Rony Aguilera, 17, another alleged member of the gang. Authorities believe both Aguilera and Rivera stabbed Ivan at 1:38 a.m. as the boy was walking to a friend's house to return an iPod he had borrowed. They are being held on $2 million bail each on charges of murder in furtherance of a street gang, robbery and attempted robbery.

    According to police accounts, Ivan was stabbed hours after the relative of an MS-13 member was wounded in a shooting. Gang members blamed the rival Norteño group, and several went looking for Norteños to attack, investigators said.

    One of the group likened it to a deer hunt, according to conversations later recorded by a Honduran immigrant secretly serving as an informant for federal authorities.

    Ivan had met up with his friend and another youth at Madrid and Persia streets when the MS-13 members spotted them, police said. Investigators believe Ivan had nothing to do with the Norteños.

    The boy was stabbed with what police described as a Japanese-style sword and was robbed of the iPod, police said. When he tried to run, two assailants chased him down and stabbed him through the neck, nearly decapitating him, police said.

    Hours after the attack, the gang members met up with the federal informant. Aguilera told the informant, "We stabbed the son of a bitch," according to a transcript of the recorded conversation.

    Rivera laughed and suggested that Ivan had been killed because the boy recognized him when he was searching him for valuables. Ivan and other witnesses knew at least one of his alleged killers because they had attended the same school, police say.

    " 'You should not be checking me - I know you.' That son of a bitch said that to me!" Rivera said, according to the transcript in which the conversations appear both in Spanish and translated into English.

    Rivera laughed when he described how the fatally wounded youth closed his legs and "dropped dead."

    One of the conversations with the informant took place as a television news report was describing Ivan's death, police say. The transcript of that conversation reports that MS-13 members laughed upon hearing the account and that one proclaimed, "La Mara Salvatrucha rules!"

    Another member of the group, Walter Chinchilla-Linar, allegedly acted as lookout when Ivan was robbed and slain. He later said in a taped meeting, "We only caught one deer," according to the transcript.

    Aguilera and Rivera were arrested last month during raids on MS-13 by federal immigration authorities and charged with murder Oct. 31 in San Francisco Superior Court. They have been ordered to return to court Nov. 26 for arraignment.

    District Attorney Kamala Harris charged the two teenagers directly rather than first going before a judge to obtain permission to bypass the juvenile justice system. State law allows that, and it is common practice among prosecutors in other counties, but Harris has rarely filed direct adult charges against juveniles.

    Harris' office said in a statement that filing adult charges against Aguilera and Rivera was justified by the circumstances of the "heinous killing."

    "This was a particularly egregious crime involving a 14-year-old victim," the statement said.

    Chinchilla-Linar, 22, and Cesar Alvarado, 18, also reputed members of the gang, face federal charges related to Ivan's death as well as state charges.

    Harris has opted to file adult charges against juveniles in only a handful of previous cases.

    In one, she lodged adult murder charges against a youth who was only a few days shy of his 18th birthday at the time of the slaying. He ultimately pleaded guilty to second-degree murder.

    Her office also filed adult charges against two defendants who had since become adults after the 2004 slaying of Eugene Gorenman. Authorities say he was befriended by a group of girls and lured to his death in a robbery.

    E-mail Jaxon Van Derbeken at jvanderbeken@sfchronicle.com.

    This article appeared on page B - 1 of the San Francisco Chronicle

    http://www.sfgate.com/cgi-bin/article.c ... ss.bayarea
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    Senior Member nomas's Avatar
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    Well, well, well could it be that SF is FINALLY going to follow the law?

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    Senior Member miguelina's Avatar
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    "What made me laugh is how he went down," Marlon Rivera, a 16-year-old alleged member of the Mara Salvatrucha (MS-13) street gang, said soon after Ivan Miranda was stabbed with a sword early July 31 on an Excelsior district street, according to police.
    That's where the Bologna men were killed too.

    At the risk of sounding cold-hearted, the only sentence for these ms13 scum is the death penalty!
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    "

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    Senior Member swatchick's Avatar
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    In South Florida a large percentage of MS-13 gang members are illegals who serve time, are deported and they come back. Officers see the same ones over and over. I think they also need to look at not allowing them out of jail after they get caught again after being deported. This may cost us more but at least they are behind bars and not coming back and reoffending.
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    Senior Member 31scout's Avatar
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    Hey Mayor Newsome, what's that you say, "San Francisco is a sanctuary city"?? Access to city services for all. Is getting murdered on the street one of the services your city offers??
    <div>Thank you Governor Brewer!</div>

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    Senior Member swatchick's Avatar
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    There is one thing most people don't realize about sanctuary cities. County or city police departments cannot ask immigration status but if the person voluntarily gives it or of they run the person and there is a deportation order then they have to notify ICE. When these criminals get arrested their immigration status is verified. All illegal felons do get deported but the misdeamors usually do not.
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    Senior Member butterbean's Avatar
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    Rivera laughed when he described how the fatally wounded youth closed his legs and "dropped dead."
    First of all, I am shocked at how graphic this article gets. Second of all, these GANG MEMBERS are nothing but a sick bunch of SAVAGES. The 2 MURDERERS laugh about the death of another human being like its a joke and something to brag about. ANIMALS! It makes me cringe to think other ANIMALS just like them are roaming our streets. If I were in charge they wouldnt even be able to get a trial. IMO they deserve the death penalty. Their entire family needs to go too. DEPORT THEM ALL.
    When are lawmakers going to realize that the presence of these gangs is the biggest TERROR THREAT our country can have, and not some foreign nation? GET THESE PEOPLE OUT OF HERE!
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    Senior Member redpony353's Avatar
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    Quote Originally Posted by miguelina
    "What made me laugh is how he went down," Marlon Rivera, a 16-year-old alleged member of the Mara Salvatrucha (MS-13) street gang, said soon after Ivan Miranda was stabbed with a sword early July 31 on an Excelsior district street, according to police.
    That's where the Bologna men were killed too.

    At the risk of sounding cold-hearted, the only sentence for these ms13 scum is the death penalty!
    YEP. ITS ONLY A FEW BLOCKS AWAY. THAT ENTIRE AREA IS INFESTED WITH GANGS. INFESTED!!! THEY THINK ITS COOL TO KILL.
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  9. #9
    Senior Member redpony353's Avatar
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    ICE!!! PLEASE SWEEP THESE ANIMALS FROM OUR ONCE BEAUTIFUL CITY. PLEASE!!!
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  10. #10
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    Suspect in 14-year-old S.F. boy's slaying had avoided deportation
    Jaxon Van Derbeken, Chronicle Staff Writer

    Thursday, November 13, 2008

    (11-13) 18:44 PST SAN FRANCISCO -- A teenager accused of stabbing a 14-year-old boy to death in a gang-motivated attack had been given sanctuary from deportation under San Francisco's previous practice of shielding young illegal immigrant felons from federal authorities, records show.

    Rony Aguilera, 17, known as "Guerrillero," has been charged as an adult in the July 31 sword attack in the Excelsior neighborhood that killed Ivan Miranda, who police say was an innocent victim caught up in an act of gang vengeance. Authorities believe Aguilera is an illegal immigrant from Honduras, but he was never referred to federal officials after being arrested last year in an assault case, according to records reviewed by The Chronicle.

    Aguilera is the second person this year to be charged with murder in San Francisco after having been protected from possible deportation, under city officials' now-discarded interpretation of a sanctuary ordinance that bars agencies from cooperating with federal efforts to round up illegal immigrants.

    In June, Edwin Ramos, now 22, an alleged illegal immigrant from El Salvador who compiled a record of gang-related crimes as a juvenile, was accused of fatally shooting Anthony Bologna, 48, and his sons Michael, 20, and Matthew, 16, in their car in the Excelsior.

    Both suspects in same gang
    Police believe that like Ramos, Aguilera is a member of the MS-13 (Mara Salvatrucha) gang.

    He and 16-year-old Marlon Rivera were arrested last month and accused of killing Ivan on July 31 as the boy was walking to a friend's house to return an iPod he had borrowed. Rivera also has been charged as an adult with murder. Both are scheduled to be arraigned Nov. 26.

    Aguilera's attorney, Theresa Marks, had no comment, other than to say that juvenile records reviewed by The Chronicle in Aguilera's case are confidential and that it is misdemeanor to release them.

    At the time of the killing, Aguilera had been released from probation stemming from a gang-related assault that occurred when he was 16. Police said he had been identified as an MS-13 member at the time.

    Authorities said Aguilera and another member of the gang assaulted a 16-year-old boy at Hill and Valencia streets in the Mission District the afternoon of June 27, 2007. The victim was with friends when young men approached and demanded to know whether they were affiliated with a gang. Two assailants attacked the victim, kicking and beating him. He was treated at San Francisco General Hospital.

    Aguilera was later identified as one of the attackers by the victim as well as two other witnesses, records of the case show. He was taken to Juvenile Hall and, the following month, admitted to assault and gang charges before a juvenile court judge, records show.

    Authorities now say they believe he was in the country illegally from Honduras. But San Francisco juvenile authorities had long ordered their probation officers not to consider defendants' immigration status, under the Juvenile Probation Department's interpretation that such a move would violate the sanctuary city law.

    As a result, Aguilera was not referred to federal immigration officials.

    Instead, a juvenile court judge decided that he would live with his parents in Houston, while being informally monitored from San Francisco, according to authorities with knowledge of the case.

    A judge terminated his probation in December 2007. By this year, he was back in the city.

    Policy shift
    In early July, after The Chronicle reported that the city had shielded dozens of young felons from deportation, City Attorney Dennis Herrera said the sanctuary law did not protect adult or juvenile criminals. Mayor Gavin Newsom declared that he had ordered juvenile justice officials to report illegal immigrant offenders to federal authorities.

    Since then, the mayor has pledged a "top to bottom" review of the city's sanctuary policies and practices. His office did not return calls seeking comment Thursday.

    Federal officials put an immigration hold on Aguilera after he was accused of killing Ivan, who was slain less than a month after Newsom publicly announced the city's policy shift. Aguilera is also being held on $2 million bail.

    The city's former policy is the subject of a federal grand jury investigation. It is also at the heart of a legal case being developed by the Bologna family, which filed a claim against the city in August after Ramos' background was publicized. The claim, which the city denied last month, is the likely precursor to a lawsuit.

    Revenge mission
    According to police accounts, Ivan was stabbed on a street in the Excelsior neighborhood a few hours after the relative of an MS-13 member was wounded in a shooting. Gang members blamed the rival Norteño group, and several went looking for Norteños to attack, investigators said.

    Ivan had no connection to the Norteños, police said, but the gang members attacked him anyway as he talked with two friends at the corner of Madrid and Persia streets.

    The boy was stabbed with what police described as a Japanese-style sword and was robbed of the iPod he was returning to his friend. When he tried to run, two assailants chased him down and stabbed him through the neck, nearly decapitating him, police said.

    His sister said Ivan, known as Little Mejo, was a well-behaved boy who knew at least one of the murder suspects, Rivera, as a troublemaker who got kicked out of Mission High. The boy had nothing to do with the Norteños or any other gang, she said.

    The sister, who asked not to be identified by name because she fears for her safety, said youths who come to the United States and join gangs should not be allowed to stay here if they commit crimes.

    "They should be arrested - they only are doing bad things to other people," she said. "Ivan was only 14 years old. They are 16, 17, 18. That's bad. They should be deported to their country."

    Hours after Ivan was killed, suspects in the case met up with a federal informant who secretly taped the meeting.

    Aguilera told the informant, "We stabbed the son of a bitch," according to a transcript of the conversation.

    "There is no problem with this homeboy anymore," he said later.

    Ivan's sister said the boy never had a chance in the street confrontation.

    "Ivan was a kid. Ivan didn't have anything to protect himself," she said. "If they want to take an iPod, why should they be killing him? I don't understand that part."


    The story so far
    How San Francisco came to protect juvenile undocumented immigrant felons from possible deportation, and steps the city has taken.

    -- Origins: In 1985, San Francisco declared itself a sanctuary city for immigrants seeking asylum from right-wing governments in El Salvador and Guatemala. Four years later, the city extended the policy to all immigrants and indicated that the city could not use its resources to help federal immigration law enforcement, except when required by federal law.

    -- Criminals: In 1992 and 1993, the legislation was altered to allow law enforcement to report felony arrests of suspected undocumented immigrants to federal authorities. In 1994, the city attorney said juveniles booked on felony charges were not exempt from being reported.

    -- Reinterpretation: Sometime in the 1990s, San Francisco officials began interpreting the ordinance along with state juvenile law as preventing them from referring undocumented immigrants in the juvenile justice system to federal authorities for deportation.

    -- Free flights: Rather than send juvenile offenders through the deportation system, which could result in their being legally barred from ever returning to the United States, juvenile probation officials flew some directly to their homelands. Such flights were halted in May after federal officials complained.

    -- Group homes: Still not wanting to turn over undocumented immigrant offenders for deportation, juvenile justice officials started sending young offenders in May to unlocked group homes. Most quickly escaped. Mayor Gavin Newsom said in July that he had ordered the practice halted.

    -- S.F. shifts gears: In July, City Attorney Dennis Herrera said that nothing in the sanctuary city law prevents officials from turning over undocumented immigrant juveniles who commit felonies to federal immigration authorities. Newsom said the city had started cooperating with Immigration and Customs Enforcement.

    -- Edwin Ramos: As the city began changing its policies, The Chronicle reported that Edwin Ramos, accused of killing three members of a family on an Excelsior district street June 22, was an undocumented immigrant from El Salvador who had twice been in San Francisco's juvenile justice system but had never been referred to federal authorities.

    -- Grand jury probe: In early October, city officials said a federal grand jury was investigating whether San Francisco's sanctuary policies violate U.S. laws against harboring people who are in the country illegally.

    www.sfgate.com
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