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.
i agree. I stated in some other posts here on this article it seems like this may be a real stretch.
although there may be more to the story than what is being reported here (usually is). they may have copies of emails or FB posts showing his complicity in the planning. who knows? all of that, if it exists, will come out in court. if they don’t have evidence that he conspired or was aware of the plot then I don’t see how he can be guilty of conspiracy by association.
if I was going to go down the road this prosecutor is treading I would probably stick to guys that would be easier to tie to the trigger puller than some guy living out of state for petes sake.