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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA :
v. : CRIMINAL NO. 09 - 155 - 06
ABRAN FIGUEROA, :a/k/a "King Ace,"
PRETRIAL DETENTION ORDER
AND NOW, this ____ day of _______________, 2010, after an evidentiary hearing
and argument of counsel for the government and the defendant, the Court FINDS that:
(a) the defendant has failed to rebut the presumption that, based on the charges
in the indictment, he is both a danger to the community and a risk of flight pursuant to 18 U.S.C.
§ 3142(e);
(b) the government has proved by a preponderance of the evidence that no
condition or combination of conditions will reasonably assure the appearance of the defendant as
required; and
(c) the government has proved by clear and convincing evidence that no condition
or combination of conditions will reasonably assure the safety of other persons and of the
community, as required by Title 18, United States Code, Section 3142(e).
The Court MAKES the following findings of fact:
This case is appropriate for detention under Title 18, United States Code, Section
3142(e) because:
Case 5:09-cr-00155-JHS Document 31 Filed 07/23/10 Page 1 of 14
2
A. Probable Cause And The Evidence In This Case
1. There is probable cause to believe that the defendant has committed the
crimes of conspiracy to participate in a racketeering enterprise, in violation of 18 U.S.C. § 1962(d)
(one count), conspiracy to commit murder in aid of racketeering, in violation of 18 U.S.C. §
1959(a)(5) (one count), conspiracy to commit kidnaping in aid of racketeering activity, in violation
of 18 U.S.C. § 1959(a)(5) (one count), kidnaping in aid of racketeering, in violation of 18 U.S.C. §
1959(a)(1) (one count), assault with a dangerous weapon in aid of racketeering, in violation of 18
U.S.C. § 1959(a)(3) (one count), and felon in possession of a firearm, in violation of 18 U.S.C. §
922(g)(1) (two counts), as charged by Superseding Indictment on April 28, 2010.
2. The evidence in this case is strong and consists, in part, of audio and video
recordings, surveillance observations by law enforcement, seized controlled substances and weapons,
and is supported by the testimony of a member of the Federal Bureau of Investigation and various
police officers involved in the investigation and arrest of defendant. The evidence shows that during
the charged period of 2001 through February 2010, in Bethlehem, in the Eastern District of
Pennsylvania, defendant ABRAN FIGUEROA was a member of a racketeering enterprise known
as the Bethlehem Sun Tribe of the Almighty Latin King Queen Nation ("ALKQN"). FIGUEROA,
like the other members of the Sun Tribe, swore allegiance and obedience to the Latin King "nation."
During the charged time period, the Sun Tribe engaged in numerous racketeering activities including,
but not limited to, murder, conspiracy to murder rivals and others who had fallen into disfavor with
the Sun Tribe, kidnaping, and the trafficking of controlled substances and weapons. As a member
of the Sun Tribe, and in the leadership position of Fifth Crown, FIGUEROA participated in these
and other crimes.
Case 5:09-cr-00155-JHS Document 31 Filed 07/23/10 Page 2 of 14
3
3. During the period of the conspiracy, defendant ABRAN FIGUEROA, and
other members of the Sun Tribe, met regularly, in and around Bethlehem, in meetings governed by
Tribe rules and the rules of the national leadership of the Latin King nation. In these meetings, dues
were collected, "trials" were held on alleged violations of Tribe rules, and punishments were issued,
including orders that violators and others be beaten or killed. All decisions and decrees were made
based upon the best interests of the Tribe and were binding on all Tribe members.
4. On or about November 25, 2007 through January 2008, defendant ABRAN
FIGUEROA, and other members of the Sun Tribe, agreed to kill a Tribe associate known as "Big
Head Izzy." FIGUEROA and the other Tribe members determined that Big Head Izzy had "snitched"
to law enforcement officers who were investigating a murder committed by co-defendant Neftali
Colon, one of FIGUEROA's fellow Sun Tribe members. The murder of Big Head Izzy was
prevented when law enforcement officers were tipped off to the plans and arrested the intended
victim on an unrelated warrant.
5. On or about January 23, 2008, defendant ABRAN FIGUEROA, and other
members of the Sun Tribe, agreed to kidnap and assault a Tribe associate known as "Little Ricky."
FIGUEROA and the other Tribe members determined that Little Ricky had "snitched" to law
enforcement officer who were investigating a shooting committed years earlier by a person whom,
at the time of the shooting, was a member of the Sun Tribe. On January 24, 2008, as a result of the
agreement amongst FIGUEROA and the other Sun Tribe members, FIGUEROA and co-defendant
Waldemar Torres, a/k/a "King Vail," kidnaped "Little Ricky" at gunpoint from his Bethlehem
residence. Little Ricky was taken to a remote area where he was pistol whipped by FIGUEROA and
Torres. During the assault, the men told Little Ricky that he was henceforth "stripped of his Crown,"
Case 5:09-cr-00155-JHS Document 31 Filed 07/23/10 Page 3 of 14
4
referring to his membership in the Sun Tribe.
6. On at least two occasions between March 2008 and April 2008, defendant
ABRAN FIGUEROA unlawfully possessed and sold a total of three firearms to a fellow member
of the Sun Tribe. FIGUEROA conducted these transactions despite being prohibited by law from
possessing any firearms as a result of a prior felony drug conviction.
7. On July 21, 2010, at the time of the arrest of ABRAN FIGUEROA, agents
searching his residence recovered a cache of Latin Kings "literature" including Latin Kings prayers,
rules, codes, and minutes and records of Sun Tribe meetings and activities. For example, see
Attachment A. FIGUEROA was also in possession of Latin Kings "gear" including beads and
clothing depicting a crown.
8. The strength and nature of the case against the defendant and the
corresponding probability that the defendant will be incarcerated for a significant period of time,
establishes his danger to the community, and increases the high risk that the defendant will not
appear as required by the Court.
B. Maximum Penalties
1. The defendant is charged with one count of conspiracy to participate in a
racketeering enterprise, in violation of 18 U.S.C. § 1962(d), one count of conspiracy to commit
murder in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(5), one count of conspiracy to
commit kidnaping in aid of racketeering activity, in violation of 18 U.S.C. § 1959(a)(5), one count
of kidnaping in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(1), one count of assault with
a dangerous weapon in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(3), and two counts
of felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1).
Case 5:09-cr-00155-JHS Document 31 Filed 07/23/10 Page 4 of 14
2. As charged, the defendant faces a total maximum sentence of up to life
imprisonment.
3. Accordingly, the defendant has a substantial incentive to flee.
C. Prior Criminal Record
The defendant has at least one prior felony drug conviction from 2003 in
Northampton County, Pennsylvania.
D. Ties to the Community
While the defendant does appear to have some contacts with the Eastern District of
Pennsylvania, it is in this same community that he committed the alleged crimes of violence and
firearm trafficking. Moreover, the law does not place significant emphasis on this factor and the
contacts in the instant case do not outweigh the other factors discussed herein.
Therefore, it is ORDERED that:
(1) the defendant be committed to the custody of the Attorney General for
confinement in a corrections facility separate, to the extent practicable, from persons awaiting or
serving sentences or being held in custody pending appeal;
(2) the defendant be afforded reasonable opportunity for private consultation with
counsel; and
Case 5:09-cr-00155-JHS Document 31 Filed 07/23/10 Page 5 of 14
6
(3) on Order of a Court of the United States, or on request of an attorney for the
government, the person in charge of the corrections facility in which the defendant is confined
deliver the defendant to a United States Marshal for the purpose of an appearance in connection with
a court proceeding.
BY THE COURT:
HONORABLE DAVID R. STRAWBRIDGEUnited States Magistrate Judge
Case 5:09-cr-00155-JHS Document 31 Filed 07/23/10 Page 6 of 14
Under the Bail Act, a judicial officer shall hold a detention hearing upon motion of the1
government in a case, as here, which involves either a crime of violence or a drug crime punishableby imprisonment of ten years or more, or a crime with a maximum potential sentence of lifeimprisonment, 18 U.S.C. § 3142(f)(1)(A)-(C), or a crime which involves a serious risk that thedefendant will flee. 18 U.S.C. § 3142(f)(2)(A).
The government must prove by a preponderance of the evidence that no conditions of release2
reasonably will assure the defendant's appearance or prove by clear and convincing evidence that noconditions of release will assure the safety of the community. United States v. Himler, 797 F.2d 156,161 (3d Cir. 1986).
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA :
v. : CRIMINAL NO. 09 - 155 - 06
ABRAN FIGUEROA, :a/k/a "King Ace,"
GOVERNMENT'S MOTION AND MEMORANDUM FORHEARING AND DEFENDANT'S PRETRIAL DETENTION
The United States of America, by Zane David Memeger, United States Attorney for
the Eastern District of Pennsylvania, and John Gallagher and Seth Weber, Assistant United States
Attorneys, moves for a detention hearing and pretrial detention of the defendant pursuant to 181
U.S.C. § 3142(e). The government seeks this Order, because no condition or combination of
conditions will reasonably assure the defendant's appearance as required or the safety of other
persons and the community.2
I. THE FACTS
In support of this motion, the government makes the following representations and
proposed findings of fact:
Case 5:09-cr-00155-JHS Document 31 Filed 07/23/10 Page 7 of 14
2
A. Probable Cause And The Evidence In This Case
1. There is probable cause to believe that the defendant has committed the
crimes of conspiracy to participate in a racketeering enterprise, in violation of 18 U.S.C. § 1962(d)
(one count), conspiracy to commit murder in aid of racketeering, in violation of 18 U.S.C. §
1959(a)(5) (one count), conspiracy to commit kidnaping in aid of racketeering activity, in violation
of 18 U.S.C. § 1959(a)(5) (one count), kidnaping in aid of racketeering, in violation of 18 U.S.C. §
1959(a)(1) (one count), assault with a dangerous weapon in aid of racketeering, in violation of 18
U.S.C. § 1959(a)(3) (one count), and felon in possession of a firearm, in violation of 18 U.S.C. §
922(g)(1) (two counts), as charged by Superseding Indictment on April 28, 2010.
2. The evidence in this case is strong and consists, in part, of audio and video
recordings, surveillance observations by law enforcement, seized controlled substances and weapons,
and is supported by the testimony of a member of the Federal Bureau of Investigation and various
police officers involved in the investigation and arrest of defendant. The evidence shows that during
the charged period of 2001 through February 2010, in Bethlehem, in the Eastern District of
Pennsylvania, defendant ABRAN FIGUEROA, was a member of a racketeering enterprise known
as the Bethlehem Sun Tribe of the Almighty Latin King Queen Nation ("ALKQN"). FIGUEROA,
like the other members of the Sun Tribe, swore allegiance and obedience to the Latin King "nation."
During the charged time period, the Sun Tribe engaged in numerous racketeering activities including,
but not limited to, murder, conspiracy to murder rivals and others who had fallen into disfavor with
the Sun Tribe, kidnaping, and the trafficking of controlled substances and weapons. As a member
of the Sun Tribe, and in the leadership position of Fifth Crown, FIGUEROA participated in these
and other crimes.
Case 5:09-cr-00155-JHS Document 31 Filed 07/23/10 Page 8 of 14
3
3. During the period of the conspiracy, defendant ABRAN FIGUEROA, and
other members of the Sun Tribe, met regularly, in and around Bethlehem, in meetings governed by
Tribe rules and the rules of the national leadership of the Latin King nation. In these meetings, dues
were collected, "trials" were held on alleged violations of Tribe rules, and punishments were issued,
including orders that violators and others be beaten or killed. All decisions and decrees were made
based upon the best interests of the Tribe and were binding on all Tribe members.
4. On or about November 25, 2007 through January 2008, defendant ABRAN
FIGUEROA, and other members of the Sun Tribe, agreed to kill a Tribe associate known as "Big
Head Izzy." FIGUEROA and the other Tribe members determined that Big Head Izzy had "snitched"
to law enforcement officers who were investigating a murder committed by co-defendant Neftali
Colon, one of FIGUEROA's fellow Sun Tribe members. The murder of Big Head Izzy was
prevented when law enforcement officers were tipped off to the plans and arrested the intended
victim on an unrelated warrant.
5. On or about January 23, 2008, defendant ABRAN FIGUEROA, and other
members of the Sun Tribe, agreed to kidnap and assault a Tribe associate known as "Little Ricky."
FIGUEROA and the other Tribe members determined that Little Ricky had "snitched" to law
enforcement officer who were investigating a shooting committed years earlier by a person whom,
at the time of the shooting, was a member of the Sun Tribe. On January 24, 2008, as a result of the
agreement amongst FIGUEROA and the other Sun Tribe members, FIGUEROA and co-defendant
Waldemar Torres, a/k/a "King Vail," kidnaped "Little Ricky" at gunpoint from his Bethlehem
residence. Little Ricky was taken to a remote area where he was pistol whipped by FIGUEROA and
Torres. During the assault, the men told Little Ricky that he was henceforth "stripped of his Crown,"
Case 5:09-cr-00155-JHS Document 31 Filed 07/23/10 Page 9 of 14
4
referring to his membership in the Sun Tribe.
6. On at least two occasions between March 2008 and April 2008, defendant
ABRAN FIGUEROA unlawfully possessed and sold a total of three firearms to a fellow member
of the Sun Tribe. FIGUEROA conducted these transactions despite being prohibited by law from
possessing any firearms as a result of a prior felony drug conviction.
7. On July 21, 2010, at the time of the arrest of ABRAN FIGUEROA, agents
searching his residence recovered a cache of Latin Kings "literature" including Latin Kings prayers,
rules, codes, and minutes and records of Sun Tribe meetings and activities. For example, see
Attachment A. FIGUEROA was also in possession of Latin Kings "gear" including beads and
clothing depicting a crown.
8. The strength and nature of the case against the defendant and the
corresponding probability that the defendant will be incarcerated for a significant period of time,
establishes his danger to the community, and increases the high risk that the defendant will not
appear as required by the Court.
B. Maximum Penalties
1. The defendant is charged with one count of conspiracy to participate in a
racketeering enterprise, in violation of 18 U.S.C. § 1962(d), one count of conspiracy to commit
murder in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(5), one count of conspiracy to
commit kidnaping in aid of racketeering activity, in violation of 18 U.S.C. § 1959(a)(5), one count
of kidnaping in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(1), one count of assault with
a dangerous weapon in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(3), and two counts
of felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1).
Case 5:09-cr-00155-JHS Document 31 Filed 07/23/10 Page 10 of 14
The government must prove by a preponderance of the evidence that no conditions of release3
reasonably will assure the defendant’s appearance or prove by clear and convincing evidence thatno conditions of release will assure the safety of the community. See United States v. Himmler, 797F.2d 156, 161 (3d Cir. 1986).
5
2. As charged, the defendant faces a total maximum sentence of up to life
imprisonment.
3. Accordingly, the defendant has a substantial incentive to flee.
C. Prior Criminal Record
The defendant has at least one prior felony drug conviction from 2003 in
Northampton County, Pennsylvania.
D. Ties to the Community
While the defendant does appear to have some contacts with the Eastern District of
Pennsylvania, it is in this same community that he committed the alleged crimes of violence and
firearm trafficking. Moreover, the law does not place significant emphasis on this factor and the
contacts in the instant case do not outweigh the other factors discussed herein.
II. THE LAW
A. Presumption of Dangerousness and Flight
1. This Court should order detention of the defendant pending trial because he
is both a danger to the community and a serious risk of flight. Due to the nature of the charges3
brought against the defendant, this Court must presume that the defendant is both a danger to the
community and a risk of flight absent sufficient rebuttal by the defendant. See 18 U.S.C. § 3142(e).
2. Congress has concluded that, for purposes of bail, engaging in a violent crime
which carries a maximum potential penalty of life imprisonment, 18 U.S.C. § 3142(f)(1)(A), as the
Case 5:09-cr-00155-JHS Document 31 Filed 07/23/10 Page 11 of 14
6
grand jury has charged the defendant, within five years of the defendant's release from imprisonment
on a conviction for a state or federal drug crime punishable by ten years or more of imprisonment,
as is the case here, creates a rebuttable presumption that the defendant is a grave danger to the
community. See 18 U.S.C. § 3142(e)(2)(C) and 18 U.S.C. § 3142(f)(1)(C) ; see also United States
v. Strong, 775 F.2d 504, 507 (3d Cir. 1985) (examining legislative history and Congressional
findings). As charged, the defendant faces a maximum sentence of life imprisonment. See 18
U.S.C. § 1962(d) and 18 U.S.C. § 1959(a)(1). Accordingly, there is a rebuttable presumption that
the defendant must be detained pending trial. See 18 U.S.C. § 3142(e).
B. Family Ties Not Enough to Rebut Presumption
The legislative history of the Comprehensive Crime Control Act of 1983 indicates
that Congress found that community or family ties do not weigh heavily in the risk of flight analysis:
[Congress] is aware of growing evidence that the presence of this factor does not necessarilyreflect a likelihood of appearance, and has no correlation with the question of the safety ofthe community...[Congress] does not intend that a court conclude there is no risk of flight onthe basis of community ties alone.
Sen. Comm. on Judiciary, Comprehensive Crime Control Act of 1983, S. Rep. No. 98-225, 98th
Cong., 1st Sess. 24, 25 (1983).
Case 5:09-cr-00155-JHS Document 31 Filed 07/23/10 Page 12 of 14
7
III. CONCLUSION
Nothing short of 24-hour custody and supervision can ensure the appearance of this
defendant and the safety of the community. The conditions of release enumerated in the detention
statute at Section 3142(c) would serve only to inform the Court, after the fact, that the defendant has
fled or resumed his criminal career.
Respectfully submitted,
ZANE DAVID MEMEGER United States Attorney
/s/ John M. Gallagher JOHN GALLAGHERSETH WEBERAssistant United States Attorneys
Case 5:09-cr-00155-JHS Document 31 Filed 07/23/10 Page 13 of 14
8
CERTIFICATE OF SERVICE
I certify that on this day I caused a copy of the government's detention motion to be delivered by
electronic filing upon:
Dennis Caglia, Esq.502 Swede StreetNorristown PA
telephone (610) 275-7770facsimile (610) 270-9666
/s/ John M. Gallagher JOHN GALLAGHER
Assistant United States Attorney
Date: July 23, 2010
Case 5:09-cr-00155-JHS Document 31 Filed 07/23/10 Page 14 of 14
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