Crime & Safety

6 MS-13 Gang Members Indicted, Plotted 2 Brutal Murders: DA

"Their plan was to kill him by shooting him with a firearm . . . butchering him with a machete, or by burning him to death." — DA Tim Sini.

(Suffolk County DA'S Office.)

BRENTWOOD, NY — Six MS-13 gang members were indicted in connection with conspiracies to commit two murders, Suffolk County District Attorney Tim Sini said.

Sini, the U.S. Drug Enforcement Administration, Homeland Security Investigations New York, and the Suffolk County Police Department announced the indictments of the men who were plotting the murders in Suffolk County, the DA said.

“These were not empty threats; we’ve seen MS-13 gang members commit murders before of rival gang members and of their own associates who are accused of cooperating with law enforcement,” Sini said. “Which is why we do not, and cannot, take the threat of MS-13 lightly. Had it not been for the excellent investigation and partnership of our office, the DEA, HSI and the Suffolk County Police Department, MS-13 would have committed these two murders right here in Suffolk County.”

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Indicted were:

- Kevin Zuniga, a/k/a “Sharky,” 20, of Brentwood, who was charged with two counts of second degree conspiracy, a felony, and fourth degree conspiracy, a felony, Sini said.

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- Jose J. Portillo, a/k/a “Soldado,” 28, of Maryland, previously of Central Islip, who was charged with two counts of second degree conspiracy, a felony, and fourth degree conspiracy, a felony, Sini said.

- Kevin Mejia Sandoval, a/k/a “Abuelo,” 31, of Maryland, who was charged with two counts of second degree conspiracy, a felony, and fourth degree conspiracy, a felony, Sini said.

- Gerver A. Chinchilla Perez, a/k/a “Antonio,” 22, of Brentwood, who was charged with second degree conspiracy and fourth degree conspiracy, Sini said.

- Emerson Hernandez Escobar, a/k/a “Wason,” 17, of Brentwood, who was charged with second degree conspiracy and fourth degree conspiracy, Sini said.

- Rafael Hernandez Elias, a/k/a “Poison,” 17, of Brentwood, who was charged with second degree conspiracy and fourth degree conspiracy, Sini said.

The defendants were all identified by law enforcement as members of the Leeward clique of the MS-13 gang, Sini said.

Portillo, Zuniga, and Mejia Sandoval are “homeboys” in the clique who, as leaders in the United States, receive orders from MS-13 gang leaders in El Salvador and direct local members to carry out the gang’s missions, Sini said.

An investigation that began in the summer of 2018 revealed evidence that Zuniga, Portillo and Mejia Sandoval allegedly conspired to murder a fellow member of MS-13 who they believed was cooperating with law enforcement, Sini said.

“This goes to show how ruthless this gang is and is part of their M.O.: They conspire to kill rival gang members, but they also conspire to kill their own when they allegedly violate the rules of the gang,” Sini said.

The investigation also revealed evidence of a second conspiracy by Zuniga, Portillo and Mejia Sandoval, that included fellow gang members Chinchilla Perez, Hernandez Escobar, and Hernandez Elias, to commit the murder of a rival gang member from the 18th Street gang, Sini said.

“Our intelligence shows that their plan was to kill him by shooting him with a firearm they planned on purchasing, butchering him with a machete, or by burning him to death,” Sini said.

Mejia Sandoval is alleged to have received permission for the clique to commit both murders from MS-13 leaders in El Salvador, Sini said.

All six defendants were also charged with fourth degree conspiracy in connection with a conspiracy to illegally purchase a loaded firearm for the clique to use to commit the murders, Sini said.

“They would have been successful in obtaining that weapon, and likely successful in carrying out these murders, had it not been for the hardworking men and women of law enforcement, particularly the DEA, HSI and the Suffolk County Police Department,” Sini said.

Zuniga and Hernandez Escobar were arrested as part of HSI’s Operation Matador on May 30, 2017, and were released on bond on Aug. 1, 2017, and May 4, 2018, respectively; Mejia Sandoval was previously deported twice, Sini said.

“The six defendants’ alleged crimes demonstrate the underbelly of the MS-13 gang’s operations by using violence, retaliation and threats,” said Ray Donovan, special agent in charge of the DEA’s New York Division. “DEA and our law enforcement partners are committed to keeping our neighborhoods safe from drug trafficking and the associated violence.”

“There is no line that MS-13 will not cross, evidenced by their alleged conspiracy to kill even one of their own gang members,” said Angel M. Melendez, special agent in charge of HSI New York. “HSI remains committed to stepping up its efforts to thwart MS-13 violence in Long Island, and by working collaboratively with DEA, SCPD and the Suffolk County District Attorney, we ensured that this alleged conspiracy to commit murder was not accomplished.”

“The Suffolk County Police Department remains committed to maintaining the successful strategies we have in place to decrease and prevent gang violence,” Suffolk County Police Commissioner Geraldine Hart said. “We will continue to collaborate with law enforcement agencies to collect and share intelligence about gangs. We will not relent until we dismantle this violent street gang.”

Zuniga and Chinchilla Perez were arraigned on the indictment on Feb. 1 by Suffolk County Acting Supreme Court Justice Fernando Camacho; bail was set for each defendant at $125,000 cash or $250,000 bond, Sini said.

Hernandez Escobar and Hernandez Elias were arraigned on the indictment on Feb. 4 by Judge Camacho; bail was set for each defendant at $200,000 cash or $400,000 bond, Sini said.

Portillo was extradited from Maryland on Feb. 14 and arraigned on Feb. 15; bail was set for Portillo at $200,000 cash or $400,000 bond, Sini said.

Mejia Sandoval was extradited from Maryland on March 22 and was arraigned Monday on the indictment; bail was set for Mejia Sandoval at $500,000 cash or $1 million bond, Sini said.

If convicted of the top count, the defendants each face a maximum sentence of eight and one-third to 25 years in prison.

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