United States of America v. Herberth Rodriguez and Elias Martinez Villanueva

Brooklyn, New York, criminal defense lawyer represented the Defendant charged with possession of ammunition as an alien admitted under a non-immigrant visa, attempted murder in aid of racketeering, and racketeering.

Herberth Rodríguez, also known as “Kepa,” and Elias Martínez Villanueva, also known as “Rebelde,” both members of the transnational street gang 18th Street, were indicted with murder in-aid-of racketeering and related firearms offenses for their participation in the November 1, 2020 murder of Diego Vanegas Vásquez. Rodriguez was additionally convicted of racketeering and the attempted murder of Juan Valdéz in-aid-of racketeering, as well as narcotics trafficking and unlawful possession of ammunition.

“In committing the murder of Diego Vanegas Vásquez and other acts of brazen gang violence, the defendants terrorized a community in and around Roosevelt Avenue in Queens that they claimed was their territory,” stated U.S. Attorney Nocella. “Today’s verdict proves how wrong and misguided they are. It is the rule of law that controls and protects our communities. Our Office, together with our law enforcement partners, remains focused on dismantling violent gangs like 18th Street. I can state with confidence that the neighborhoods of Jackson Heights and Corona are safer with these defendants effectively removed from society and no longer free to perpetrate crimes.”

Mr. Nocella also thanked United States Citizenship and Immigration Services, Department of Homeland Security, U.S. Immigration and Customs Enforcement, and the Social Security Administration Office of Inspector General for their assistance.

“Herberth Rodriguez and Elias Villanueva – members of a notorious foreign terrorist organization (FTO), the 18th Street gang – committed a senseless murder out of retaliation and terrorized the community with brazen public gun fights,” stated FBI Assistant Director in Charge Barnacle. “Alongside our law enforcement partners, the FBI continues to eradicate the violence plaguing our streets and threatening the lives of innocent bystanders by attacking these FTOs head-on.”

“These convictions send a clear message: The NYPD will stop at nothing to identify, dismantle, and hold accountable street gangs that terrorize our communities with senseless gun violence,” stated NYPD Commissioner Tisch. “For too long, the 18th Street crew turned neighborhoods in Queens into their own deadly battleground against rivals, placing innocent New Yorkers at risk. But thanks to a thorough investigation led by NYPD detectives and a strong prosecution, our streets are now safer. I thank our partners at the FBI and the U.S. Attorney’s Office for their support in taking down this ruthless organization and bringing its members to justice.”

As proved at trial, the defendants were members of 18th Street, a violent gang that engaged in murder, robbery, extortion, production of fraudulent identification documents, and narcotics trafficking. As a member of 18th Street, Rodriguez sold large quantities of cocaine, the proceeds of which the gang used to purchase firearms and support incarcerated gang members. The evidence also showed that 18th Street sold cocaine and marijuana, peddled fake IDs, such as fake Social Security cards and fake green cards, and extorted brothel owners by requiring them to pay money to the gang for the gang's permission to run their brothels.

Murder of Diego Vanegas Vásquez

In the early morning hours of November 1, 2020, the defendants shot and killed Vanegas Vásquez who they believed was a member of the rival MS-13 gang, in Jackson Heights, Queens. On the night of the murder, Vanegas Vásquez was a passenger in the back of a taxi. The defendants, riding on a motorbike, pulled alongside the taxi at a red light. Rodríguez fired approximately six shots at Vásquez, killing him. After the murder, Rodríguez bragged about killing Vásquez to other members of 18th Street in text messages.

Attempted Murder of Juan Valdéz

On October 10, 2020, Rodríguez set out to kill Juan Valdéz, who he believed had disrespected 18th Street. Earlier that day, Valdéz had a physical altercation with an 18th Street member in the vicinity of Roosevelt Avenue and 83rd Street. After the fight, Valdéz got into his car and attempted to leave the area. An 18th Street associate who saw the fight then signaled to members of the gang in the area to respond. After hearing the signal, Rodríguez grabbed a gun that the gang kept hidden beneath a flower stand outside of a bodega on 83rd Street and ran towards the vicinity of the fight. Rodríguez opened fire on Valdéz’s vehicle, but missed Valdéz as he drove away.

The government’s case is being handled by the Office’s Organized Crime and Gangs Section. Assistant U.S. Attorneys Andy Palacio, Megan Larkin, Lauren Bowman, and Brachah Goykadosh are in charge of the prosecution, with the assistance of Paralegal Specialist Wesley Roberts.

This case is part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime.

The Defendants were found guilty by a jury.