United States v. Huertas-Mercado

646 F.Supp.3d 329

UNITED STATES of America, Plaintiff, v. Jairo HUERTAS-MERCADO [1], and Erick Pizarro-Mercado [3], Defendants.

Criminal No. 18-451 (FAB)

United States District Court, D. Puerto Rico

Signed December 14, 2022

Victor O. Acevedo-Hernandez, Jenifer Yois Hernandez-Vega, United States Attorneys Office District of Puerto Rico, San Juan, PR, for Plaintiff.

Melanie Carrillo-Jimenez, Melanie Carrillo-Jimenez Law Office, San Juan, PR, for Defendant Jairo Huertas-Mercado.

Jose R. Gaztambide-Aneses, San Juan, PR, for Defendant Erick Pizarro-Mercado.

OPINION AND ORDER

BESOSA, District Judge.

Defendants Jairo Huertas-Mercado ("Huertas") and Erick Pizarro-Mercado ("Pizarro") (collectively, "defendants") move for a judgment of acquittal of Count 1 of the Third Superseding Indictment pursuant to Federal Rule of Criminal Procedure 29 ("Rule 29").¹ (Docket Nos. 427 and 435.) For the reasons set forth below, the defendants' Rule 29 motions are DENIED.

I. Background

Huertas and Pizarro committed a succession of violent crimes within a span of 19 days, escalating from carjacking to kidnapping and murder. The trial testimony revealed that these defendants terrorized unsuspecting victims for financial gain, to avenge the death of a deceased relative, and to eliminate "enemies" of a drug trafficking organization in the Lagos de Blasina public housing project. (Docket No. 413 at p. 69.)

On February 11, 2020, a grand jury returned a seventeen-count third-superseding indictment charging Huertas, Pizarro, Joshua Luyando-González ("Luyando"), Kevin Villegas-Carrasco ("Villegas"), Wilkin Michael Cepeda-Colón ("Cepeda"), and Roberto Meléndez-Hiraldo ("Meléndez") with carjacking, kidnapping, and brandishing a firearm during and in relation to a crime of violence in violation of 18 U.S.C. sections 2119(1) and (2), 18 U.S.C. sections 1201(1) and (2), and 18 U.S.C. sections 924(c)(1)(A)(ii)-(iii) and 2, respectively. (Docket No. 103.) Count fourteen charged Huertas, Pizarro, and Luyando with kidnapping resulting in the death of Luis Sáenz-Martínez ("Sáenz") in violation of 18 U.S.C. sections 1201(a)(1) and (2). Id. at p. 8.

On March 4, 2022, Luyando pled guilty to counts one and fifteen of the third-superseding indictment pursuant to an agreement with the United States (carjacking and brandishing a firearm during and in relation to a crime of violence). (Docket Nos. 329 and 330.)² Villegas pled guilty to counts one and three of the third-superseding indictment (carjacking and brandishing a firearm during and in relation to a crime of violence) pursuant to a agreement with the United States on March 15, 2021. (Docket No. 262.) Huertas and Pizarro's seven-day trial commenced on September 9, 2022. (Docket No. 402.) Luyando and Villegas testified as government witnesses.³

A. The May 20, 2018 Carjacking: Counts 10 and 11

Luyando, Cepeda, Huertas and Pizarro "decided to take a [Toyota] Tacoma" from Carlos Cáez-Delgado ("Cáez") in Naguabo, Puerto Rico at approximately 11:00 PM on May 20, 2018. (Docket No. 413 at p. 71.) Huertas, Pizarro and Cepeda carried loaded firearms, including an AK-47 rifle and two pistols. Id. at pp. 72-73. The defendants blocked the Tacoma on a one-way road, exited their vehicle, and pointed a "long weapon" at Cáez. (Docket No. 406 at p. 7; Docket No. 413 at p. 73.) They subsequently "threw [Cáez] to a grassy area" and frisked him. (Docket No. 413 at p. 73.)

The defendants referred to Cáez as "the one [they] were looking for," stating that they would shoot him if he moved. (Docket No. 406 at p. 12.) Cáez placed his hands behind his head, informing the defendants that "it was not possible, that [he] could be the person they were looking for." Id. at p. 13. Pizarro and Cepeda fled Naguabo in the Tacoma, followed by Huertas and Luyando in an SUV. Id. Cáez remained on the ground in "tall grass" for two minutes until the [defendants] left" with his Tacoma, wallet, and cellular phone. (Docket No. 406 at p. 14.)

B. The May 27, 2018 Carjacking: Counts Twelve and Thirteen

On May 27, 2018, Luyando, Huertas, Pizarro and Meléndez, using the Tacoma they had carjacked from Cáez, stole an Infiniti FX45 from Gilberto Medina-Cardona ("Medina") and his family, who were on a day trip in Río Grande, Puerto Rico. (Docket No. 406 at p. 20.) Medina had parked the Infiniti near a waterfall to take photos. Id. at p. 23. Two of Medina's family members had gone down from the roadway to take pictures of the waterfall. Two defendants emerged from the stolen Tacoma, pointing loaded firearms at Medina and his family, "screaming and yelling for [them] to get on [their] knees" and look away. Id. at pp. 23-24; Docket No. 413 at p. 74. The defendants demanded Medina's car keys and the family's "personal belongings, money, jewelry" and professional grade cameras. (Docket No. 406 at p. 24.)

Medina informed the defendants that the keys were located "in the cupholder of the [Infiniti]." Id. at p. 24. Before driving away, the defendants instructed Medina: "don't look back, don't look back. Count to one hundred and stay there." Id. at p. 25. Luyando testified that the defendants stole this vehicle "by intimidation and force." (Docket No. 413 at p. 75.) Medina felt "terror," "panic," and "unable to manage the situation." (Docket No. 406 at p. 26.) The defendants ultimately burned and abandoned the Infiniti near an "old factory" in La Central, Puerto Rico. (Docket No. 413 at p. 83.)

C. The May 31, 2018 Kidnapping and Murder of Luis Sáenz-Martínez: Counts Fourteen, Fifteen, and Sixteen

Luyando, Huertas, and Pizarro visited an acquaintance at the Villas Del Río public housing project on May 31, 2018. (Docket No. 413 at p. 77.) They "came up with the idea" of "holding up" Sáenz, the drug dealer" associated with this location and "enemy" of the defendants. Id. at pp. 77-78.

The defendants initially requested to purchase "weed" from Sáenz. Id. at p. 81. They then aimed a loaded AK-47 and a pistol at him, forcing Sáenz into the backseat of a Toyota RAV4. Id. at p. 81. Luyando, Huertas, and Pizarro asked Sáenz if "he knew of another person who was of higher rank [in a rival drug trafficking organization, asking] him if he wanted to give up somebody else." Id. at p. 82. Sáenz remained silent. Id. After consulting with an individual named "Gongo," the defendants understood that "they were to kill Sáenz." Id. at p. 83.

Luyando drove the RAV4 to La Central, "close to the Infiniti." Id. Pizarro forced Sáenz out of the RAV4, shooting him in the back with the AK-47. Id. at p. 85. A firearm expert testified that casings recovered from this location emanated from an AK-47, buttressing the credibility of Luyando's testimony. (Docket No. 419 at p. 13.) Subsequently, Huertas shot Sáenz with the same firearm. (Docket No. 413 at p. 87.) Luyando then "took [the AK47] away from [Huertas] and also started shooting at [Sáenz]." Id. A forensic pathologist from the Puerto Rico Institute of Forensic Science testified that Sáenz sustained 26 gunshot wounds to the skull, torso, and lower extremities. Id. at p. 31. The defendants unceremoniously "got in [the RAV4] and left" the scene. Id. at p. 87.

D. The June 3, 2018 Carjacking: Counts Eight and Nine

On June 3, 2018, Luyando and Huertas "decided to have another vehicle" in Piñones, Puerto Rico. (Docket No. 413 at p. 90.) Edwin Barreras-Romero ("Barreras") had driven a Nissan Altima to this location "early in the morning" to surf, accompanied by two female friends. (Docket No. 406 at p. 100.) Huertas approached Barreras on the beach with a loaded AR-15, stating: "Hey, this is a carjacking." Id. at p. 101. Barreras attempted to distract Huertas by "joking" with him, hopeful for the opportunity to "take this guy." Id. He observed Luyando emerge "from the bushes," however, and strike his female friend in the head with a loaded AK-47. Id. at p. 102. Luyando testified that he "kicked [this female] so that she'd fall to the ground." (Docket No. 413 at p. 91.) Barreras then "had to get down," "afraid for [his life]." Id. at p. 110. The defendants shouted: "Stay down or we're [sic] kill you . . . Stay down. Don't look at us." Id. at p. 112.

Luyando attempted to remove a diamond ring from Barrera's female friend, threatening to "rape" her if she resisted this demand. (Docket No. 406 at p. 112.) He abandoned the diamond ring, however, in favor of an expeditious escape. Huertas drove the Nissan to Loíza, Puerto Rico, with $700 in United States currency, a surfboard, a watch, and several cell phones which were inside the vehicle. (Docket No. 406 at p. 111; Docket No. 413 at p. 90.)

E. The First June 4, 2018 Carjacking: Counts Four and Five

María Martínez-Figueroa ("Martínez") and her husband drove to Punta Santiago, Puerto Rico in their burgundy Toyota Camry to catch crabs at a nearby beach on June 4, 2018. (Docket No. 406 at p. 132.) At approximately 10:30 p.m., Luyando, Pizarro and Huertas observed this "elderly couple" seated inside the Camry on a dark road. (Docket No. 406 at p. 133; Docket No. 413 at pp. 92-93.)

Earlier that day, "it had occurred to [the defendants] that [they] should steal a car." (Docket No. 413 at p. 92.) Luyando parked the defendants' vehicle in front of the Camry. Id. at p. 93. Huertas and Pizarro aimed loaded firearms at the couple. Id. Martínez exited the car, but her husband refused to placate the defendants. Id. Huertas "told him that he was gonna shoot him if he didn't get out." Id. at p. 84. Luyando reiterated this threat, shouting that he, too, would "shoot [Martínez's husband]" if he remained in the Camry. Id. He complied only after Martínez stated that "it was better to lose the car than [their] lives." (Docket No. 406 at p. 137.) Martínez "[asked] for her purse" before the defendants fled. (Docket No. 413 at p. 94.) They denied this request, absconding with the Camry and the couple's personal belongings. Id. at p. 95.

Huertas confessed to this crime and signed a written statement. The United States presented the...