Gang member to remain in custody in drug case

A reputed member of a Las Vegas street gang must remain in custody until his trial in a drug conspiracy case, a federal judge ruled Thursday.

Ruben Aguilar, also known as "Payaso," was one of 41 gang members charged in federal court documents that were unsealed Wednesday in five states, according to the Justice Department.

Aguilar, 27, and nine other defendants were indicted Tuesday in a Las Vegas case. He faces a charge of conspiracy to distribute a controlled substance.

Assistant U.S. Attorney Kathleen Bliss described Aguilar as a self-professed member of Sureno 13, a violent street gang that has ties to Mexico and participates in drug trafficking.

Bliss said the 10 defendants in his case were members of a large drug conspiracy dating to 2009 or earlier. She said the investigation started in Montana, but authorities soon tracked the drug supplies to Las Vegas.

Aguilar's court-appointed lawyer, Terrance Jackson, argued that his client should be released on house arrest.

"This individual, if he is involved, is on the fringes of this conspiracy," Jackson said.

In support of her argument for detention, Bliss said Aguilar was apprehended Wednesday in a vehicle with a stolen handgun on the passenger seat. She also said a state search warrant served the same day at his residence on East Sahara Avenue turned up five other handguns, a shotgun, a rifle and multiple magazines with ammunition, including a 100-round drum magazine, and 16 grams of methamphetamine.

Bliss said the defendant's criminal history began in 2001 and includes numerous missed court appearances. It also includes a 2006 conviction for conspiracy to commit auto burglary, a gross misdemeanor, and a 2009 conviction for domestic battery, a misdemeanor.

Jackson denied that his client lives at the home that was searched. He said Aguilar's girlfriend, the mother of his child, was in court and was prepared to testify that the family lives at a different address.

The defense lawyer said Aguilar cares for his 9-year-old stepchild and 4-year-old son while their mother works.

U.S. Magistrate Judge George Foley Jr. did not call the woman to testify, and she declined to be interviewed after the hearing. Foley also said Aguilar lacks "a real substantial prior criminal history record."

Bliss told the judge that utilities at the East Sahara Avenue address are in Aguilar's name, and an undercover agent purchased methamphetamine from him there.

The prosecutor also said federal wiretaps captured 156 calls between Aguilar and co-defendants Jesus Guadalupe and Felix Burgos between Sept. 21 and Nov. 17 that involved conversations about drugs. Authorities have described Burgos, 25, as the primary drug supplier.

Foley opted to detain Aguilar after ruling that he poses a danger to the community and a risk of flight.

Aguilar pleaded not guilty Wednesday to the conspiracy charge. A trial in the case is scheduled for April 11.

Authorities have arrested eight of the defendants in the Las Vegas case. Two are in custody in Montana, and three have been released pending trial. Christopher Fraijo and Daniel Rizo remain at large.

Contact reporter Carri Geer Thevenot at cgeer@reviewjournal.com or 702-384-8710.