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Judge: Feds can't allege gang ties in trial of Chicago man accused of putting bounty on Gregory Bovino

Jason Meisner, Chicago Tribune on

Published in News & Features

CHICAGO — Days before a high-profile trial, a federal judge Thursday barred prosecutors from bringing in evidence that a Chicago man charged with putting a bounty on Border Patrol Cmdr. Gregory Bovino’s head had ties to the Latin Kings.

In her order, U.S. District Judge Joan Lefkow said that without direct evidence showing Juan Espinoza Martinez was a member of the Latin Kings himself or that the street gang had instructed him to disseminate a murder-for-hire order, simply implying he had an “affinity” for the gang would be prejudicial.

Lefkow did rule, however, that the cooperating witness in the case can testify to what he understood “LK” and accompanying emojis to mean in text messages he received from Espinoza Martinez.

The judge’s ruling is a significant blow to the prosecution, which had hoped present testimony that Espinoza Martinez had an “affinity” for the Latin Kings and that text messages he sent to associates calling for Bovino’s killing were backed by specific knowledge he had of the gang’s activities.

“The relationship of the defendant to the Latin Kings stems from the language that he used himself,” Assistant U.S. Attorney Minje Shin said at a pretrial hearing last week. “What we must prove is whether (Espinoza Martinez) intended that a murder-for-hire occur. That absolutely bears on whether his relationship with the Latin Kings is real.”

Prosecutors also had planned to possibly call a gang expert to educate the jury about the Latin Kings, their territory and other customs.

Espinoza Martinez, 37, who has lived in Chicago for years but is not a U.S. citizen, is charged in an indictment with a single count of solicitation of murder for hire, which carries up to 10 years in prison.

A jury trial is set to begin before Lefkow on Tuesday and is expected to garner national attention as protests continue to roil Minneapolis following the killing of a woman by an immigration agent there.

According to the charges, Espinoza Martinez told a law enforcement source after an immigration agent shot a woman in Chicago’s Brighton Park neighborhood on Oct. 4 “that he had dispatched members of the Latin Kings” to the area of 39th and Kedzie in response to the shooting.

 

A day later, the source showed a screenshot to law enforcement that had been sent to him by Espinoza Martinez depicting a conversation Espinoza Martinez had with an unknown individual, according to the complaint. In that conversation, Espinoza Martinez allegedly said, “lets get some guys out here bro.” The other person wrote back, “Let one of us be in front with the (green gun emoji),” the complaint stated.

The law enforcement source also shared Snapchat messages that Espinoza Martinez had sent him saying, “2k on information when you get him” and “10k if u take him down,” according to the complaint.

The message also stated “LK on him,” which was a reference to the Latin Kings, the complaint alleged.

Included in the message was a photo of Bovino, the Border Patrol “commander at large” who has been the public face of Midway Blitz in Chicago and similar operations in other cities across the country.

When Espinoza Martinez was originally charged in October, authorities alleged he was a “ranking” member of the Latin Kings, meaning some sort of leadership position.

Meanwhile, the Department of Homeland Security and Bovino himself have held the case up as a prime example of the violence that immigration officials were facing, including death threats allegedly coming from street gangs and even international cartels.

Espinoza Martinez’s lawyers, meanwhile, have said that not only is he not a high-ranking Latin King, but he has no gang affiliation at all, and no prior criminal history. The father of three and volunteer youth sports coach was arrested at the construction site where he was working long hours to support his family, his relatives and lawyers said.

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