SAN JUAN CAPISTRANO, CA — The reputed head of the Orange County chapter of the Mexican Mafia has been named in a superseding racketeering indictment of the gang with a Christmas Day killing in San Juan Capistrano a decade ago, federal prosecutors said Friday.
The superseding indictment, which was returned Wednesday, added the Dec. 25, 2016 killing of 60-year-old Javier Maldonado of San Juan Capistrano. Sheriff's deputies responded about 5:20 a.m. Christmas Day to the 25000 block of Avenida Cabrillo, where the victim was found fatally shot in his home.
Federal prosecutors alleged members of the gang were looking for the victim's son, but ended up killing his father.
Named in the indictment were Johnny Martinez, 50, of Placentia, the reputed head of the Orange County branch of the Mexican Mafia, as well as 39- year-old Gregory Muñoz -- whose last known residence was Placentia -- and 30- year-old Agustin Velasquez of Anaheim.
Velasquez was convicted in state court for his part in the Jan. 19, 2017 killing of 35-year-old Robert Rios, but the murder conviction was reversed on appeal last November because investigators kept questioning him despite his request for a defense attorney. Velasquez is awaiting retrial in state court.
Velasquez was the only one convicted in state court in the Rios killing as Martinez and the other defendants had their cases thrown out due to legal problems. Federal prosecutors took over the case, which led to racketeering charges against the Mexican Mafia.
Ysrael Jacob Cordova, 41, and Ricardo Valenzuela, 44, were convicted in July of murder in the aid of racketeering for the Rios murder and are awaiting sentencing.
Velasquez and an unnamed co-conspirator broke into Maldonado's home to attack his son, prosecutors alleged. Martinez and Muñoz and others had discussed Maldonado's son prior to the attack and noted the son was in county jail "on a list," according to the indictment.
The indictment also alleged that Martinez, while in Calipatria State Prison, had accused shot-caller Muñoz direct Velasquez, Cordova and Valenzuela to attack Rios Jan. 19, 2017, but the robbery went sideways and Rios was killed when he fought back, according to prosecutors.
Charles Frederick Coghill drove Cordova, Valenzuela, and Velasquez to Rios' neighborhood. Coghill accepted a deal with prosecutors to testify in the trial as he did in Velasquez's trial in state court. Another alleged shot- caller, Omar Mejia, who was Muñoz's cell mate, also testified as he did in another related murder trial in the case.
Cordova, Valenzuela and Velasquez initially went to a wrong home on the same block, but were directed to the home of Rios, defense attorneys said. Rios had an elaborate surveillance system set up to warn him of law enforcement, so he came out and greeted the three men, prosecutors said during Velasquez's trial.
"After a brief struggle, they shot him dead," U.S. Attorney Caitlin Campbell said in the trial of Cordova and Valenzuela.
Muñoz had ordered the men to rob Rios because he failed to pay "taxes" on his drug profits to the Mexican Mafia, which was described as an umbrella organization of about 150 to 200 "elite" gang members, who oversee local street gangs from prison, Campbell said.
Muñoz had a smuggled in a cell phone he used to reach out to Coghill, who worked for him, Campbell said. Coghill's job was to fetch guns and round up men for the attack, Campbell said.
"Robert Rios was no saint," Campbell said. "He was a drug dealer who sold drugs from his home in Placentia."
Martinez, who was in Salinas Valley State Prison at the time, allegedly was to receive a cut of Rios' profits.
Since Rios didn't pay his "taxes" to Martinez, Muñoz's job was to punish him, Campbell said. Martinez arranged for Munoz to rob Rios to send a message to the gangs to not break the rules and pay what they owe, Campbell said.
Since the men were masked and wore gloves, prosecutors relied on evidence from the surveillance video, phone communications and locations, ballistics from the bullet that killed Rios and testimony from the informants to make their case, Campbell said. Investigators never recovered the murder weapon.
Muñoz and Martinez "talked constantly" on the contraband phones in prison, Campbell said.
The two later had a falling out and Muñoz was attacked three times -- twice in prison and again after he got out in Placentia, prosecutors said.
Muñoz, "like Rios, broke Mexican Mafia rules," Campbell said.
Mejia ordered the attacks on Munoz, but not because of the botched Rios conflict, Campbell said.
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