BMC Gang Member Sentenced to Five Years in Prison
BOISE – Salvador Apodoca, 24, of Pendleton, Oregon, was sentenced in U.S. District Court in Boise today for assault with a deadly weapon in aid of racketeering, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge sentenced Apodoca to 60 months in prison followed by three years of supervised release.
According to the plea agreement, Apodoca is a member of the “Brown Magic Clica” (BMC), a Sureño street gang with members in the Districts of Idaho and Oregon. Apodoca admitted that he and other members of BMC agreed to participate in BMC's gang activities through a pattern of racketeering activity. According to the plea agreement, on July 8, 2006, Apodoca was in an altercation with individuals attending a celebration of a child's baptism at a residence in Parma, Idaho. Apodoca admitted throwing BMC-related gang signs and, prior to leaving, stated that he would be back with his “Eastsider friends.” Apodoca and several other BMC members later returned to the residence and approached the crowd of people in the back yard. One of the BMC members fired shots from a rifle at individuals in the crowd. At his plea hearing in September 2011, Apodoca admitted that he committed, conspired, aided, abetted, counseled, commanded, induced, or procured the assault with a deadly weapon of an individual at the residence for the purpose of maintaining or increasing his position in the BMC enterprise.
Two gang members are scheduled to be sentenced on February 21. Jessie Rodriguez, 26, of Nyssa, Oregon, pled guilty in December to conspiracy to participate in a racketeering enterprise, attempted murder in aid of racketeering, and two counts of assault with a dangerous weapon in aid of racketeering. Adam Gomez, 24, of Boise, pled guilty to conspiracy to participate in a racketeering enterprise.
A jury trial is set for May 15 for the remaining defendants named in the federal indictment – Alfredo Castro, 35, of Boise; Oscar Garcia, 26, of Umatilla, Oregon; Adelaido Gomez, 26, of Boise; Juan Gonzalez, 26, of Cottonwood, Idaho; Juan Jimenez, 27, of Boise; and Amando Garcia, Jr., also known as Amando Torres, 28, of Pendleton, Oregon.
Three co-defendants have been sentenced to date. On January 9, Samson Torres, 23, of Ontario, Oregon, was sentenced to 70 months in prison for conspiracy to participate in a racketeering enterprise; and Mathew Grover, 22, of Fruitland, Idaho, was sentenced to 51 months in prison for conspiracy to participate in a racketeering enterprise and unlawful possession of a firearm. Both men were ordered to pay a $2,000 fine. Ruben Nungaray, 30, of Boise, was sentenced in November 2011, to 92 months in prison for unlawful possession of a firearm. Because he was previously convicted of aggravated assault in 2004 in Payette County, Idaho, Nungaray was prohibited from possessing firearms.
“Brown Magic Clica members, and members of other violent street gangs, must know that when they engage in criminal conduct to further their gang activity, this office and its law enforcement partners will bring them to justice,” said Olson. “Today's sentence sends that message. We will not let gang violence ruin our communities.”
The federal racketeer influenced corrupt organizations (RICO) law prohibits individuals from participating, or conspiring to participate, in the conduct of an enterprise through a pattern of racketeering activity. An enterprise is defined as any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity. Racketeering activity is defined as specified criminal acts, including murder, arson, distribution of controlled substances, and intimidation and retaliation against witnesses.
Operation Black Magic included the cooperative law enforcement efforts of the Treasure Valley Metro Violent Crimes Task Force, the Malheur County Sheriff's Office, the Meridian Police Department, the Nampa Police Department, the Nyssa Police Department, the Ontario Police Department, and the Oregon State Police. The Treasure Valley Metro Violent Crime Task Force is one of 160 Safe Streets task forces nationwide in which local, state and federal law enforcement agencies combine their resources and expertise to address gangs and other public safety issues across traditional jurisdictional boundaries throughout the Treasure Valley.
Operation Black Magic is being prosecuted federally by Assistants U.S. Attorney and the Special Assistant U.S. Attorney hired by the Treasure Valley Partnership and the State of Idaho to address gang crimes. The Treasure Valley Partnership is comprised of a group of elected officials in southeast Idaho dedicated to regional coordination, cooperation, and collaboration on creating coherent regional growth. For more information, visit www.treasurevalleypartners.org.
Project Safe Neighborhoods (PSN) is a collaborative effort by federal, state, and local law enforcement agencies, prosecutors, and communities to prevent and deter gun violence.