Howard J. Miller, et al., Plaintiffs,
v.
Juarez Cartel, Vincente Carillo Fuente Organization (a/k/a “CFO”), a/k/a La Linea, Defendant.
No. 1:20-cv-00132
United States District Court, D. North Dakota
June 24, 2022
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FOR JUDGMENT
Clare R. Hochhalter, Magistrate Judge United States District Court.
Background
On November 4, 2019, members of the Juárez Cartel (“Defendant” or “Cartel”) and its violent armed wing, La Línea (“The Line”), ambushed three women and fourteen children, murdering six of the children and their mothers in the Sierra Alta in Sonora, Mexico. All of the people ambushed were United States citizens.
These calculated assaults occurred “approximately 90 miles”[1] south of the United States-Mexico border between the Mexican states of Sonora and Chihuahua.[2] “Cartel assassins killed Maria Rhonita LeBaron (“Rhonita” and/or “Nita”) and her four children, twelve-year-old [H.M. Jr.], ten-year-old [K.B.M.], and eight-month-old twins [T.A.M.] and [T.G.M.]”[3] Rhonita and her four children were “alive and conscious”[4] when their vehicle was “most definitely intentionally set on fire.”[5]
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“The Cartel also killed Christina Langford (“Christina”) and Dawna Ray (“Dawna”) and her two children - eleven-year-old [T.L.] and two-year-old [R.L.]”[6] Those injured in the attack include F.M.J., K.L., D.L., M.L., C.L., J.L., X.L., and B.L.[7]
The Antiterrorism Act of 1990, 18 U.S.C. § 2331, et seq. (2022) and its amendments provide criminal penalties for whoever unlawfully kills or engages in physical violence resulting in serious bodily injury to a United States national. 18 U.S.C. § 2332 (2022). The Act provides for criminal penalties and broad civil remedies for injured nationals, their estates, survivors and heirs, in addition to criminal penalties. 18 U.S.C. § 2333(a). Here, family members, legal guardians of injured minors, legal guardians of surviving minor children and siblings of victims, and legal representatives of the estates of the nine victims killed brought claims under the civil remedies provision of the Act, 18 U.S.C. § 2333(a).
Procedural History
The first case (the “Miller” case) arising out of the November 4, 2019, attack was filed on July 23, 2020, including claims by Howard Miller (on his own behalf, on behalf of his wife Rhonita's estate, on behalf of the estates of his four children who were murdered, and on behalf of his three surviving minor children), additional members of the Miller/LeBaron family, Tyler Johnson (on his own behalf, on behalf of his wife Christina's estate, and on behalf of his six surviving minor children), additional members of the Johnson/Langford family, and members of Dawna Ray's family.[8]
The second case (the “Langford” case) arising out of the attack was filed on August 25, 2020, including claims by David Langford (on his own behalf, on behalf of the estates of his two
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children who were murdered, and on behalf of his seven surviving minor children who were also present during the attack - five of whom sustained gunshot wounds in the attack), the estate of Dawna Ray and four adult children of Dawna Ray who assert solatium claims arising from the attack in which their mother and nine of their siblings were involved.[9] The Court consolidated the Miller and Langford cases on October 16, 2020.[10]
Plaintiffs served the complaint by publication as provided by the Federal Rules of Civil Procedure. The Cartel failed to timely respond. Entry of Default was entered in the Miller case on December 7, 2020 (ECF No. 22) and in the Langford case on December 31, 2020 (ECF No. 25).
The Court presided over a four-day bench trial starting February 7, 2022. Miller and Langford Plaintiffs presented evidence the Defendant was responsible for inflicting injury and killing occupants of the three vehicles. The attacks were conducted to intimidate and coerce civilians and the government, and took place outside the territorial boundaries of the United States. Evidence was presented as to the pain, suffering, and damages suffered by each Plaintiff as a result of the Defendant's acts.
Evidence was admitted from 1) Plaintiffs, including survivors of the attacks and family members of the victims; 2) expert witness written reports and live expert testimony concerning causes of death, pain and suffering damages, psychological injuries, economic and pecuniary losses; 3) third-party witnesses including eyewitnesses to the attacks and behaviors of the Plaintiffs; and 4) the prosecutor overseeing the Mexican Government's criminal investigation into the November 4, 2019 attacks. In addition, the Court accepted into evidence sworn affidavits from Plaintiffs and fact witnesses.
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The court makes the following findings of fact and conclusions of law:
I. FINDINGS OF FACT A. Defendant
1. The Miller Complaint includes facts of the history and violent activities of the Defendant from its origins in the 1980s (Miller Compl. at ¶40) to the attack on November 4, 2019. The Complaint also includes factual quotes and citations to indictments including confessions of known members of the Defendant Cartel.
2. The U.S. government in 2000 designated Vicente Carrillo Fuentes as a significant foreign narcotics trafficker under the Foreign Narcotics Kingpin Act.[11]
3. On June 1, 2004, the Carrillo Fuentes Organization (a/k/a CFO; a/k/a Juárez Cartel) was listed as a significant foreign narcotics trafficker under the Foreign Narcotics Kingpin Designation Act.[12]
4. On December 15, 2021, the U.S. Department of the Treasury further clarified the scope of designations against the Cartel to expressly incorporate an additional alias of the Juárez Cartel, “La Línea”.[13]
5. “Throughout history … [the Mexican Government] had several events where La Línea has attacked civilians like [in] this case. Public servants, former police, prosecutors, former politicians. And … it is their signature or their habit[] to burn vehicles”.[14]
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6. The Cartel's actions are intended “to intimidate civilians so that they don't testify against them. And also they intimidate public servants so that they don't investigate” the Cartel for its criminal activities.[15]
7. The Defendant's objective “is to cause terror in people.”[16]
B. The November 4, 2019 Attack
8. The evidence shows that “100 heavily armed individuals had a meeting on November 3, 2019, at the ranch belonging to the leader of the criminal organization known as La Línea or the Juárez Cartel.”[17]
9. “The main objective of this criminal organization was to take back the territory of Agua Prieta which at that time belonged to the Sinaloa Cartel.”[18]
10. “[A]ll 100 men were divided up into two groups - one group of approximately 60 was led by GIL and a second group of approximately 40 was led by Tolteca.”[19] “And this group of about 40 individuals placed themselves in two strategic points: The first strategic point was where the attack against Rhonita and her four minor children occurred, that was the vehicle that was later set on fire and burnt; and the other strategic point was whe[re] the attack to the other two vehicles occurred.”[20] During th[e] planning process, “[t]he order was [given] to shoot ... at anyone, be it a civilian, police officer, just anyone.”[21]
11. The next day, November 4, Rhonita, Christina, Dawna, and their children created a three-car caravan to travel the road from La Mora to their separate destinations.[22]
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12. Rhonita and four of her children were traveling to Phoenix, Arizona to pick up her husband, Howard Miller, at the airport.[23] Howard had finished a month of work in the oil fields of North Dakota and was traveling to Arizona to meet his wife and their four children to go shopping and spend time together before returning to work in North Dakota.[24]
13. Christina Langford, with her seven-month-old daughter F.M.J., traveled from Colonia LeBaron to La Mora on November 2, 2019 to collect their passports to travel to the United States.[25] On November 4, 2019, Christina and F.M.J. were returning to Colonia LeBaron. She planned to accompany Rhonita LeBaron to the main highway and then head to Colonia LeBaron in Chihuahua, Mexico to meet her husband Tyler Johnson and their five other children.[26] Christina and Tyler planned to leave Colonia LeBaron with their six children the following day and begin their family's permanent move back to North Dakota.[27]
14. Dawna Ray also planned to accompany Rhonita to the main highway and then split off to attend a family wedding in Colonia LeBaron.[28]
15. The caravan of vehicles began traveling from La Mora at approximately 9:30 a.m. On November 4, 2019.[29]
16. In the first vehicle, a white 2014 Chevrolet Suburban LT[30], was Christina Langford and her seven-month-old infant F.M.J.[31]
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17. In the second vehicle, also a white Chevrolet Suburban[32], was Dawna Ray and nine of her children - D.L., T.L., R.L., K.L., M.L., C.L., X.L., B.L., and J.L.[33]
18. In the third car, a black Chevrolet Suburban, was Maria Rhonita LeBaron and four of her children - H.M. Jr., K.B.M, T.A.M, and T.G.M.[34]
19. Soon after departing, Rhonita's vehicle broke down.[35] Dawna helped get Rhonita and her children back to La Mora, but Christina continued driving.[36]
20. After dropping Rhonita and the children back at La Mora, Dawna and her children got back on the road to continue their journey to Colonia LeBaron.[37]
21. Rhonita spoke with Loretta Miller, her mother-in-law, who loaned Rhonita her Suburban to continue her journey.[38] She also asked her brother-in-law, Andre Miller, to assist her in transferring the broken down vehicle back to La Mora.
22. Rhonita then returned to the broken-down vehicle to collect her belongings. Andre went to pick up a trailer and find someone who could help him tow the broken-down vehicle back to town.[39]
23. Rhonita...
