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June 3, 2011

BOSTON, Mass. - Two alleged members of the violent transnational street gang MS-13 were indicted on federal gun charges after each were arrested carrying loaded firearms.

KEVIN AVELAR, 22 and D’JAVIER DUGGINS, 22, both of Lynn, are charged with felon in possession of ammunition.

According to the detention affidavit, on April 9, 2011, a 911 call came into the Lynn Police dispatch just before midnight reporting that a holdup alarm was activated at a local pizza store. Officers were dispatched to the area, where they observed AVELAR allegedly pulling on the front door of the store while DUGGINS stood acting as a lookout. According to the affidavit, when the officers approached, AVELAR and DUGGINS immediately turned and walked away, but were then encountered by the officers and searched. It is alleged that each was found to have a loaded .380 caliber semi-automatic handgun on their person, at which time both were arrested. AVELAR was arrested last evening in Lynn, while DUGGINS is presently being held in state custody on related charges.

According to the affidavit, both AVELAR and DUGGINS are confirmed MS-13 gang members and that AVELAR has “Mara Salvatrucha” tattooed across his abdomen and DUGGINS has “MS” tattooed across his chest.

If convicted, AVELAR faces up to10 years in prison to be followed by three of supervised release. DUGGINS faces up to10 years in prison to be followed by three of supervised release.

United States Attorney Carmen M. Ortiz; Bruce M. Foucart, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s Office of Homeland Security Investigations in Boston; Guy N. Thomas, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Boston Field Office; Essex County District Attorney Jonathan Blodgett; and Chief Kevin Coppinger of the Lynn Police Department made the announcement today. The case is being prosecuted by AUSAs in Ortiz’s Organized Crime and Gang Unit.

The details contained in the indictment and affidavit are allegations. The defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.



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