MS-13 Gang Members Sentenced For Participating In Racketeering, Murder: Prosecutor

PRINCE GEORGE'S COUNTY, MD — Several Maryland men have been sentenced to federal prison for their participation in a racketeering conspiracy, including murder, related to their activities as part of the MS-13 gang.

On July 25, Judge Paula Xinis sentenced Hernan Yanes-Rivera, a.k.a “Recio,” 22, of Adelphi to 22 years in federal prison and sentenced Agustino Eugenio Rivas Rodriguez, a.k.a “Terrible,” 26, of Silver Spring to 16 years in federal prison, each followed by three years of supervised release.

Xinis also sentenced co-defendant Brian Samir Zelaya Mejia, a.k.a “Chispa,” 25, of Hyattsville to six years in federal prison for his role in the MS-13 enterprise. Xinis ordered that Rivas Rodriguez must also pay restitution in the full amount of the victims’ losses, including any funeral costs incurred by two of the victims' estates.

According to court documents, the La Mara Salvatrucha gang, also known as “MS-13,” is an international criminal organization composed primarily of immigrants or descendants of immigrants from El Salvador, with members operating in Maryland, including Montgomery County, Prince George’s County and Frederick County, and throughout the United States.

In Maryland and elsewhere, MS-13 members are organized into “cliques,” smaller groups that operate in a specific city or region. MS-13 members are required to commit acts of violence, both to maintain membership and discipline within the gang and against rival gangs, according to court documents.

One of the principal rules of MS-13 is that its members must attack and kill rivals, known as “chavalas,” whenever possible. Participation in criminal activity by a member, particularly in violent acts directed at rival gangs or as directed by gang leadership, increases the respect accorded to that member, resulting in that member maintaining or increasing his position in the gang and opens the door to promotion to a leadership position, court documents noted.

As detailed in the plea agreement, Rivas Rodriguez, Yanes-Rivera and Zelaya Mejia were members and associates of Weedams Locos Salvatrucha, an MS-13 clique operating primarily in Adelphi. Rivas Rodriguez was the clique’s second in command.

On Feb. 23, 2020, at the direction of MS-13 leaders Brayan Alexander Torres and Rivas Rodriguez, Yanes-Rivera and co-defendant MS-13 member Franklyn Sanchez shot and killed a former WLS member in retaliation for the victim’s suspected cooperation with law enforcement. In the weeks prior to the murder, the victim had been in touch with WLS members over social media, text messages and voice calls. Records show that WLS members told the victim that if he met with gang members to make amends, his cooperation would be forgiven, court documents stated.

The victim was instructed to wait on the side of a road at a location in or near Adelphi on Feb. 23, 2020. A junior WLS member drove Yanes-Rivera and Sanchez to the location, where they picked up the victim. They drove to a location in or near Hyattsville. Yanes-Rivera, Sanchez and the victim got out of the car and walked into a wooded area where Yanes-Rivera and Sanchez shot the victim who died from his gunshot wounds. As a result of his participation in the murder, Yanes-Rivera was promoted within the hierarchy of MS-13, court documents disclosed.

On Aug. 8, 2020, WLS members, including Franklyn Sanchez, were at a park in Prince George’s County. Sanchez and several of the WLS members agreed to execute the murder of another victim who was suspected of cooperating with law enforcement and to whom Sanchez owed a debt. Sanchez and another MS-13 member murdered that victim then WLS members dragged his body to a stream and left it there, court documents revealed.

As he was leaving the woods, Sanchez was concerned that his DNA may have been left on the body. To prevent the discovery of DNA or other evidence and to hinder the investigation and prosecution of that victim's murder, Rivas Rodriguez, Zelaya Mejia and other WLS members were called and ordered to bring shovels to the wooded area where they dug a hole and buried the victim's body, which was later recovered with a bullet wound to the head, according to court documents.

Rivas Rodriguez also conspired with other MS-13 members to kill a female member of the rival 18th Street gang. Rivas Rodriguez and the WLS leader ordered subordinate members of the gang to track the female to a house and kill her. The group of MS-13 subordinates gathered with guns and were preparing to follow their orders when police arrived on scene and stopped them.

Torres a.k.a. “Spooky,” 29, of Adelphi is expected to be sentenced to 28 years in federal prison at his sentencing Sept. 13. Torres will also be required to pay restitution in the full amount of the victims’ losses, including any funeral costs incurred by the latest victim's estate. Franklyn Edgardo Sanchez, a.k.a “Freddy,” “Magic,” “Miclo” and “Delinquente,” 26, of Adelphi, has been sentenced to 28 years in federal prison and ordered to pay restitution in the full amount of the victims’ losses, including any funeral costs incurred by both victims' estates.