Two charged in Mecklenburg County Kidnapping conspiracy
Charlotte, NC, 11.18.2009





A husband and wife from Texas have been indicted in Charlotte on federal kidnapping conspiracy charges. The U.S. Attorney's Office, the office of Immigration and Customs Enforcement and Charlotte Mecklenburg Police Chief Rodney Monroe announced new charges against 25-year-old Ruben Garcia-Rosario and 21-year-old Linda Gonzalez.

Today's superceding indictment alleges that they conspired to kidnap two minors in Mecklenburg County this summer. The new charges accuse the pair of writing a ransom note demanding money from the family of two children who they'd observed at a school bus stop in their neighborhood in Cornelius. The note threatens the children with death if a ransom isn't paid. Rosario was armed when he was arrested on September 29th.

The new federal allegations were spelled out in a Justice Department news release from the office of U.S. Attorney Edward R. Ryan. The statement reads:

Ruben Garcia-Rosario, 25, of Charlotte, and Linda Gonzalez, 21, of Edinburg, Texas, have been charged in a superseding bill of indictment, filed today in U.S. District Court in Charlotte, with a criminal count alleging that they conspired to kidnap two minor victims in Mecklenburg County in 2009. The indictment also alleges that the pair aided and abetted one another in the attempted kidnaping through the use of cellular telephones and a motor vehicle. Garcia-Rosario is also charged in three additional counts alleging possession of a firearm by an illegal alien (Count One), illegal re-entry into the United States (Count Two), and use and possession of a firearm in relation to a crime of violence (Count Five). The charges contained in today’s superseding indictment are only allegations. In the American justice system, a person is presumed innocent unless and until he or she is proven guilty in a court of law.

Today’s announcement is made by U.S. Attorney Edward R. Ryan, Immigration and Customs Enforcement Assistant Special Agent in Charge, Delbert Richburg, and Rodney Monroe, Chief, Charlotte-Mecklenburg Police Department.

According to the two new criminal counts (Counts Three and Four) in today’s superseding indictment, Garcia-Rosario and his wife, Linda Gonzalez, wrote a ransom note that demanded money from the family of two minor victims who, on several occasions, according to the indictment, Garcia-Rosario had observed by driving a motor vehicle to an elementary school bus stop in a residential neighborhood in Cornelius, North Carolina. According to the indictment the ransom note threatened the killing of the minor victims if the family failed to pay the ransom amount.

The conspiracy is alleged to have taken place from about July 2009 until September 29, 2009. Allegations contained in the indictment reveal that on September 29, 2009, law enforcement authorities apprehended Defendant Garcia-Rosario in Charlotte and that at that time he possessed multiple ransom notes, a photograph of the minor victims contained in a cell phone, a loaded FIE .25 caliber semiautomatic pistol, Winchester .25 caliber ammunition, duct tape, latex gloves, two Mexican passports, and a ski mask. A copy of today’s superseding indictment is attached.

Ruben Garcia-Rosario is currently in federal custody in Mecklenburg County and is scheduled to make an initial appearance before a federal magistrate judge in Charlotte on November 23, 2009. Defendant Linda Gonzalez is currently in state custody in Texas and will be brought to North Carolina to face currently pending North Carolina state charges and the federal charges contained in today’s superseding bill of indictment. If convicted, Defendant Ruben Garcia-Rosario faces any term of years up to life imprisonment on Count Three and 20 years of imprisonment as to Count Four.

In addition, Garcia-Rosario faces maximum statutory penalties of ten years and a $250,000 fine, or both, as to Count One; two years and a $250,000 fine, or both, as to Count Two; and up to life imprisonment and a $250,000 fine, or both, as to Count Five. Defendant Linda Gonzalez faces any term of years up to life imprisonment on Count Three
and 20 years of imprisonment as to Count Four.

While under the maximum statutory penalties listed above both defendants face maximum imprisonment exposure of up to a life term, it is important to note that any sentence received upon conviction is influenced by the Federal Sentencing Guidelines. Courts consult the Federal Sentencing Guidelines in order to determine each defendant’s actual sentence. Sentences are based upon a formula which takes into account the severity and characteristics of the offense and each defendant’s criminal history, if any.

The arrests and continuing investigation regarding the allegations contained in this superseding bill of indictment are the result of a joint investigation by agents of Immigration and Customs Enforcement and officers of the Charlotte-Mecklenburg Police Department. The prosecution of the case is being handled by Assistant United States Attorneys Kenneth M. Smith and Craig D. Randall of the Criminal Division of the U.S. Attorney’s Office for the Western District of North Carolina, Charlotte Office.

http://www.wbt.com/news/details.cfm?article_id=48701