Date: 08-26-2014

Case Style: United States of America v. Samuel Garcia-Escalera and Joel Deloera-Escalera

Case Number: 4:13-cr-00229-CVE

Judge: Claire V. Egan

Court: United States District Court for the Northern District of Oklahoma (Tulsa County)

Plaintiff's Attorney: Gary L. Davis II, Jan Reincke, and Catherine Depew

Defendant's Attorney: Marna Swanda Franklin for Samuel Garcia-Escalera

Shannon Michelle McMurray for Courtney Riley

Arthur Berl Fleak, Jr. for Joel Deloera-Escalera

Description: TULSA, OKLAHOMA — A federal jury found Samuel Garcia-Escalera, 36, and Joel Deloera-Escalera, 34, guilty of conspiring to distribute and possess with the intent to distribute 15 kilograms or more of methamphetamine; maintaining drug-involved premises; possession of firearms and ammunition; and being aliens illegally in the United States after deportation; announced United States Attorney Danny C. Williams Sr., for the Northern District of Oklahoma.

The second Superseding Indictment was filed on April 14, 2014, and unsealed on April 15, 2014. United States District Judge Claire V. Eagan, who presided over the trial, scheduled the sentencings on November 24, 2014, for Joel Deloera-Escalera, and November 25, 2014, for Samuel Garcia-Escalera.

According to court documents, from April 2012 to August 2013, Garcia-Escalera and Deloera-Escalera conspired to distribute and possess with intent to distribute 15 kilograms or more of methamphetamine. The jury also found Garcia-Escalera and Deloera-Escalera guilty of maintaining houses for the purpose of storing and distributing methamphetamine, and possession of firearms and ammunitions while being aliens illegally and unlawfully in the United States. Specifically, Garcia-Escalera was found guilty of possessing a .45 caliber pistol; and Deloera-Escalera was found guilty of possessing a .40 caliber pistol, 9mm caliber semi-automatic pistol, a .22 caliber revolver, and various ammunitions. Garcia-Escalera was also found guilty of possessing a .45 caliber pistol in furtherance of a drug trafficking crime.

In a separate criminal information, Garcia-Escalera pleaded guilty to attempting to corruptly persuade others with the intent to prevent witnesses from testifying in the trial. He faces up to 20 years in prison and a $250,000 fine.

At the time of sentencing, the defendants face up to life in prison and up to a $10,000,000 fine for the drug conspiracy; up to 20 years in prison and a $500,000 fine for maintaining a drug-involved premise; up to 10 years in prison and a $250,000 fine for possession of firearms and ammunition as illegal aliens. Garcia-Escalera also faces up to life in prison and a $250,000 for possession of a firearm in furtherance of a drug trafficking crime.
As a part of their sentence, the defendants face entry of a forfeiture money judgment in the amount of at least $1,750,000. The judgment represents proceeds obtained as a result of the methamphetamine conspiracy.

The case was investigated by the Tulsa Police Department, Oklahoma Bureau of Narcotics, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and prosecuted by Assistant U.S. Attorneys Gary L. Davis II, Jan Reincke, and Catherine Depew on behalf of the United States.

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THE GRAND JURY CHARGES:
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SECOND SUPERSEDING INDICTMENT
[COUNT 1: 21 U.S.C. §§ 846 and
841(b)(1)(A)(viii)- Drug Conspiracy;
Forfeiture Allegation: 21 U.S.C. § 853(a) Drug
Forfeiture;
COUNTS 2 & 3: 21 U.S.C. § 856(a)(1)Maintaining
Drug-Involved Premises;
COUNTS 4 & 5: 18 U.S.C. §§ 922(g)(S)(A)
and 924(a)(2)- Possession of Firearms and
Ammunition by Alien Illegally in the United
States;
COUNT 6: 18 U.S.C. § 924(c)(1)(A)(i)Possession
of a Firearm in Furtherance of a
Drug Trafficking Crime;
COUNT 7: 8 U.S.C. § 1326(a) - Alien in the
United States After Deportation;
COUNT 8: 18 U.S.C. § 1512(k) - Conspiracy
to Hinder, Delay, and Prevent
Communication to a Law Enforcement
Officer and a Judge of the United States;
COUNT 9: 18 U.S.C. § 373 -Solicitation
to Commit Murder;
COUNT 10: 18 U.S.C. § 1958- Conspiracy to
Use an Interstate Facility in a Murder for
Hire]
COUNT ONE
[21 U.S.C. §§ 846 and 84l(b)(l)(A)(viii)]
Beginning as early as in or about April 2012, and continuing through on or about
August 21, 2013, in the Northern District of Oklahoma and elsewhere, the defendants,
SAMUEL GARCIA-ESCALERA, a/k/a "Poncho", a/k/a "Escalera Samuel Garcia",
a/k/a "Panfilo Waumuchil Soyte", and JOEL DELOERA-ESCALERA, a/k/a
"Roberto", a/k/a "Joel Deloera", a/k/a "Luis Perez-Hernandez", did knowingly, willfully,
and intentionally conspire, confederate, and agree together, each with the other, and with
others, both known and unknown to the Grand Jury, to commit certain offenses against
the United States, in violation of Title 21, United States Code, Section 841(a)(l), to wit:
1. to possess with intent to distribute 15 kilograms or more of a mixture and
substance containing a detectable amount of methamphetamine, a Schedule
II controlled substance; and
2. to distribute 15 kilograms or more of a mixture and substance containing a
detectable amount of methamphetamine, a Schedule II controlled
substance.
All in violation of Title 21, United States Code, Sections 846 and
841 (b)( 1 )(A)(viii).
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FORFEITURE ALLEGATION
[21 U.S.C. § 853(a)]
The allegations contained in Count One of this Second Superseding Indictment are
hereby realleged and incorporated by reference for the purpose of alleging forfeiture
pursuant to Title 21, United States Code, Section 853(a).
Upon conviction of the methamphetamine conspiracy alleged in Count One of this
Second Superseding Indictment, as part of their sentence, the defendants, SAMUEL
GARCIA-ESCALERA, a/k/a "Poncho", a/k/a "Escalera Samuel Garcia", a/k/a "Panfilo
Waumuchil Soyte", and JOEL DELOERA-ESCALERA, a/k/a "Roberto", a/k/a "Joel
Deloera", a/k/a "Luis Perez-Hernandez", shall forfeit to the United States any property
constituting, or derived from, proceeds obtained, directly or indirectly, as a result of such
conspiracy and any property used, or intended to be used, in any manner or part, to
commit, or to facilitate the conspiracy. A criminal forfeiture money judgment shall also
be entered in a sum of money in an amount of at least $1,750,000 representing proceeds
obtained as a result of such conspiracy, for which the defendants are jointly and severally
liable.
Pursuant to Title 21, United States Code, Section 853(p), the defendants shall
forfeit substitute property, up to the value of the property described above if, by any act
or omission of the defendants, the property described above, or any portion thereof,
cannot be located upon the exercise of due diligence; has been transferred or sold to, or
deposited with, a third party; has been placed beyond the jurisdiction of the court; has
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been substantially diminished in value; or has been commingled with other property
which cannot be divided without difficulty.
All pursuant to Title 21, United States Code, Section 853(a).
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COUNT TWO
[21 U.S.C. § 856(a)(l)]
Beginning as early as in or about April 20 12, and continuing through on or about
January 8, 2013, in the Northern District of Oklahoma, the defendant, SAMUEL
GARCIA-ESCALERA, a/k/a "Poncho", a/k/a "Escalera Samuel Garcia", a/k/a "Panfilo
Waumuchil Soyte", did knowingly and intentionally maintain and use a place located at
476 South 78th East Avenue, Tulsa, Oklahoma, for the purpose of storing and distributing
methamphetamine, a Schedule II controlled substance.
All in violation of Title 21, United States Code, Section 856(a)(l).
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COUNT THREE
[21 U.S.C. § 856(a)(l)]
Beginning as early as in or about April2012, and continuing through on or about
August 21, 2013, in the Northern District of Oklahoma, the defendant, JOEL
DELOERA-ESCALERA, a/k/a "Roberto", a/k/a "Joel Deloera", a/k/a "Luis Perez-
Hernandez", did knowingly and intentionally maintain and use a place located at 1515
South 67th East A venue, Tulsa, Oklahoma, for the purpose of storing and distributing
methamphetamine, a Schedule II controlled substance.
All in violation of Title 21, United States Code, Section 856(a)(1).
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COUNT FOUR
[18 U.S.C. §§ 922(g)(5)(A) and 924(a)(2)]
On or about January 8, 2013, in the Northern District of Oklahoma, the defendant,
SAMUEL GARCIA-ESCALERA, a/k/a "Poncho", a/k/a "Escalera Samuel Garcia",
a/k/a "Panfilo Waumuchil Soyte", then being an alien illegally and unlawfully in the
United States, did knowingly possess in and affecting interstate commerce the following
firearm and ammunition, to-wit:
1. One (1) Smith and Wesson, Model M&P45, .45 ACP caliber pistol, serial
nurnber~2183;and
2. Five (5) rounds of Federal Cartridge Company .45 ACP JHP ammunition.
All in violation of Title 18, United States Code, Sections 922(g)(5)(A) and
924(a)(2).
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COUNT FIVE
[18 U.S.C. §§ 922(g)(5)(A) and 924(a)(2)]
On or about August 21, 2013, in the Northern District of Oklahoma, the defendant,
JOEL DELOERA-ESCALERA, a/k/a "Roberto", a/k/a "Joel Deloera", a/k/a "Luis
Perez-Hernandez", then being an alien illegally and unlawfully in the United States, did
knowingly possess in and affecting interstate commerce the following firearms and
ammunition, to-wit:
1. One (1) Smith and Wesson, Model M&P 40, .40 S&W caliber pistol, serial
number DXR7568;
2. One (1) Jimenez Arms, Model JA-Nine, 9mm caliber, semi-automatic
pistol, serial number 235972;
3. One (1) Freedom Arms, Model FA22LR (mini revolver), .22 caliber
revolver, serial number A52980;
4. One (1) round of Federal Cartridge Company .22 caliber ammunition;
5. One (1) round of Winchester (Olin Corporation) .22 caliber ammunition;
6. Nine (9) rounds of Speer .40 S& W caliber JSW ammunition; and
7. Six (6) rounds of Federal Cartridge Company .40 S&W caliber JHP
ammunition.
All in violation of Title 18, United States Code, Sections 922(g)(5)(A) and
924(a)(2).
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COUNT SIX
[18 U.S.C. § 924(c)(l)(A)(i)]
On or about January 8, 2013, in the Northern District of Oklahoma, the defendant,
SAMUEL GARCIA-ESCALERA, a/k/a "Poncho", a/k/a "Escalera Samuel Garcia",
a/k/a "Panfilo Waumuchil Soyte", did knowingly possess a firearm, to-wit:
One (1) Smith and Wesson, Model M&P45, .45 ACP caliber pistol, serial
number MRD2183,
in furtherance of a drug trafficking crime for which he may be prosecuted in a court of
the United States, that is, Drug Conspiracy, a violation of Title 21, United States Code,
Section 846, as more fully set forth in Count One of this Second Superseding Indictment.
All in violation of Title 18, United States Code, Section 924(c)(1)(A)(i).
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COUNT SEVEN
[8 U.S.C. § 1326(a)]
On or about August 21, 2013, in the Northern District of Oklahoma, the defendant,
JOEL DELOERA-ESCALERA, a/k/a "Roberto", a/k/a "Joel Deloera", alk/a "Luis
Perez-Hernandez", an alien, was found in the United States after having been deported
and removed therefrom on or about April 22, 2011, at or near Brownsville, Texas, and
not having previously obtained the express consent of the Secretary of Homeland
Security to reapply for admission to the United States.
All in violation of Title 8, United States Code, Section 1326(a).
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COUNT EIGHT
[18 u.s.c. § 1512(k)]
Beginning at least as early as in or about January 2014, and continuing through the
date of this Second Superseding Indictment, in the Northern District of Oklahoma and
elsewhere, the defendant, SAMUEL GARCIA-ESCALERA, a/k/a "Poncho", a/k/a
"Escalera Samuel Garcia", a/k/a "Panfilo Waumuchil Soyte", did knowingly and
intentionally conspire, confederate, and agree with others, both known and unknown to
the Grand Jury, to violate Title 18, United States Code, § 1512(a)(2)(C), that is to use
physical force or threat of physical force, or attempt to do so, against Jane Doe One, Jane
Doe Two, and John Doe, persons whose true identities are known to the Grand Jury, with
the intent to hinder, delay, and prevent the communication to a law enforcement officer
and judge of the United States of information relating to the commission and possible
commission of a Federal offense that is a violation of Title 21, United States Code,
Section 841.
All in violation ofTitle 18, United States Code, Section 1512(k).
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COUNT NINE
[18 u.s.c. § 373]
Beginning at least as early as in or about January 2014, and continuing through the
date of this Second Superseding Indictment, in the Northern District of Oklahoma and
elsewhere, the defendant, SAMUEL GARCIA-ESCALERA, a/k/a "Poncho", a/k/a
"Escalera Samuel Garcia", a/k/a "Panfilo Waumuchil Soyte", with the intent that other
persons both known and unknown to the Grand Jury, engage in conduct constituting a
felony that has as an element the use of physical force against the person of another, in
violation of the laws of the United States and under circumstances strongly corroborative
of that intent, did solicit, command, induce, and endeavor to persuade other persons to
engage in such conduct, that is to intentionally kill Jane Doe One, Jane Doe Two, and
John Doe, persons whose true identities are known to the Grand Jury, in violation of Title
18, United States Code, Section 1111(a).
All in violation of Title 18, United States Code, Section 3 73.
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. . . .
COUNT TEN
[18 u.s.c. § 1958]
Beginning at least as early as in or about March 2014, and continuing through the
date of this Second Superseding Indictment, in the Northern District of Oklahoma and
elsewhere, the defendant, SAMUEL GARCIA-ESCALERA, a/k/a "Poncho", a/k/a
"Escalera Samuel Garcia", a/k/a "Panfilo Waumuchil Soyte", did knowingly, willfully,
and intentionally conspire, confederate, and agree together with others, both known and
unknown to the Grand Jury, to use and cause another to use a facility of interstate
commerce, that is The Western Union Company, with the intent that the murder of Jane
Doe One, a person whose true identity is known to the Grand Jury, be committed in
violation of the laws of the State of Oklahoma as consideration for the receipt of, and as
consideration for a promise and agreement to pay, things of pecuniary value, to wit:
money.
All in violation ofTitle 18, United States Code, Section 1958.
DANNY C. WILLIAMS, SR.
UNITED STATES ATTORNEY
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A TRUE BILL
Is/Grand Jury Foreperson
Grand Jury Foreperson

Outcome: See above

Plaintiff's Experts:

Defendant's Experts:

Comments: