although i’m not sure they have the necessary evidence to prove this guy’s was actively involved in the gang so I think this case is really a stretch
It sounds like (at worst) he put himself on Facebook showing gang signs. This is stupid, but not always malicious. Then the actual gang committed a murder. So now they are going to charge him with benefiting from the murder.
If this is all that exists, how this can possibly pass the “beyond a reasonable doubt” criterion is beyond my ken.
Even if they had iron-clad evidence that he was a member of this gang, that’s not sufficient to convict him in this case, or at least it shouldn’t be. Joining a gang is NOT illegal. Selling drugs is illegal. Robbing people is illegal. Committing rape is illegal. Killing people is illegal. Joining a gang is not. True, gang members do all of those things that I listed, but the mere act of joining a gang is not illegal. One is not a criminal by virtue of being in a gang; one must also commit a crime to be a criminal.
Admittedly, it seems likely that this defendant committed some crime at some point during his time as a gang member. I won’t dispute that. However, if that’s the case, prosecute him for the crime or crimes he actually committed, not for this murder. It is readily admitted by the government that he had nothing to do with this particular crime, other than that he benefitted from it because of his membership in the gang.