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Alleged MS-13 member caught hanging out in an East Boston park with a loaded gun gets 14 months

A federal judge this week sentenced Nery Rodriguez Diaz, 19, a Salvadoran national living in Chelsea, to 14 months in federal prison after he pleaded guilty to being an alien in possession of a firearm and ammunition.

Federal agents arrested Rodriguez Diaz and Elmer Alfaro Hercules in Bremen Street Park on gun charges on May 22, 2018. Rodriguez Diaz had a silver Smith and Wesson .38 caliber revolver loaded with five rounds, according to the indictment against them. The feds say they were monitoring the park because it had become an MS-13 hangout.

Hercules has already been sentenced to 13 months in prison. Both men entered the country illegally and will be subject to deportation once their sentences are done, the US Attorney's office in Boston reports.

Diaz had been charged by local authorities with armed assault with intent to murder and assault and battery with a dangerous weapon for a 2017 incident in which he and two other men allegedly held somebody down in Everett and stabbed him 22 times, but the case was dismissed in March after the victim, who survived, disappeared, the US Attorney's office reports.

PDF icon Government sentencing recommendation40.28 KB


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"Suspected MS-13 member" is the new "bad hombre".

Voting closed 4

The reason I wrote it like that was that, unlike the dozens of people indicted a few years ago, this guy actually contested that he was an MS-13 member, and prosecutors said it wasn't worth their while to prove he was, since the charges against him didn't hinge on whether or not he was a member, so who am I to judge? In the earlier cases, the 61 people who got swept up were all charged with RICO violations, which require proof of membership in a particular organization (and then most of them pleaded guilty as charged, basically).

Voting closed 11