United States of America v. Bayron Wuifredo Santos-Recarte

Washington DC criminal defense lawyer represented the Defendant charged with Kidnapping, Witness Retaliation, and a Firearms Offense

MS-13 Member Sentenced to Over 12 Years for Kidnapping, Witness Retaliation, and a Firearms Offense

An MS-13 member and Honduran national, illegally in the United States, was sentenced to 147 months in prison for kidnapping, retaliating against a federal witness, and unlawful possession of a firearm.



On Nov. 5, 2023, Bayron Wuifredo Santos-Recarte, 27, of Honduras, together with other associates of La Mara Salvatrucha 13, better known as MS-13, kidnapped a former federal witness at gunpoint in the parking lot of a laundromat in Nashville, Tennessee. The witness was kidnapped because, eight months prior, he had testified during a federal racketeering trial against MS-13 members. Specifically, the witness testified that MS-13 members tried to shoot and murder him on two occasions over a drug dispute.



During the kidnapping, the victim was held in a truck for hours while being assaulted with a firearm, hammer, and machete. While Santos-Recarte and others assaulted the witness, they also questioned him about why he testified against MS-13 and threatened him with death. After the victim was finally able to escape and call for help, he was treated at a local hospital for serious injuries, which included fractured bones, internal bleeding, and an injury to his kidney.



"The defendant, an MS-13 member, kidnapped a former federal witness and tortured him with a machete, hammer, and gun. This violence and obstruction of the American legal system is core MS-13 conduct and exemplifies why MS-13 has been designated a foreign terrorist organization,” said Matthew R. Galeotti, Head of the Justice Department's Criminal Division. "The Department remains focused on eliminating this organization. There is more to come. Thank you to the prosecutors, ATF, and our local law enforcement partners for their relentless pursuit of justice.”



"We will do whatever it takes to protect witnesses from harm,” said Acting U.S. Attorney Robert E. McGuire for the Middle District of Tennessee. "If a witness is retaliated against, our office will bring the full might of federal law enforcement to bear on holding those responsible accountable for their crimes.”



"On numerous occasions, individuals are silenced from 'speaking out' due to threats, intimidation, or the risks of serious harm,” said Acting Special Agent in Charge Jason Stankiewicz of the Nashville Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). "In this case, the victim/witness was kidnapped, terrorized, and physically assaulted by relentless, gang-affiliated criminals. Witness intimidation is a serious federal offense and anyone who retaliates against a government witness will be held fully accountable under the law. ATF remains committed to working alongside our state, local, and federal law enforcement partners to reduce violent crime and diminish the presence and influence of these dangerous and deadly criminal organizations in the communities that we serve.”



When identified as one of the kidnappers and confronted by law enforcement, Santos-Recarte admitted driving the truck used in the kidnapping and knowing that the witness testified against MS-13 members during a trial. Santos-Recarte also admitted helping others force the witness into the truck at gunpoint and being present while others assaulted the victim. When federal agents arrested Santos-Recarte, he was in possession of an assault rifle.



In December 2024, Santos-Recarte pleaded guilty to kidnapping, retaliation against a federal witness, unlawful possession of a firearm by an illegal alien, and conspiracy charges. After he serves his sentence, he will be deported from the United States.



The Bureau of Alcohol, Tobacco, Explosives, and Firearms investigated the case with assistance from the Metro Nashville Police Department.



Trial Attorneys Matthew Hoff and Christopher Matthews of the Criminal Division's Violent Crime and Racketeering Section and Assistant U.S. Attorney Ahmed Safeeullah of the United States Attorney's Office for the Middle District of Tennessee prosecuted the case.