Ninth BMC Gang Member Sentenced

BOISE—Amando Garcia, Jr., a/k/a Amando Torres, a/k/a “Toro,” 29, was sentenced today to 96 months in prison for conspiracy to participate in a racketeering enterprise and attempted murder in aid of racketeering, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Garcia to serve five years of supervised release. He pleaded guilty to the charges on August 8, 2012.

According to the plea agreement, Garcia admitted that he conspired to commit racketeering acts and that he committed the crime of attempted murder in aid of racketeering, all related to the Brown Magic Clica (BMC) gang, a Sureno street gang with members in the Districts of Idaho and Oregon. Garcia admitted that, on January 19, 2006, he was a passenger in a vehicle with several other BMC members that was traveling in Caldwell, Idaho. One of the BMC members fired several shots from a handgun at a passing vehicle, which the BMC members believed contained rival gang members. A man delivering newspapers was a passenger in the vehicle and was struck by one of the bullets. Garcia admitted that he contacted a witness to the shooting and told her not to cooperate with the police investigation.

Garcia also admitted that, on August 23, 2008, he fired a “Mini-14” .223 rifle and a Ruger .25 pistol towards another BMC gang member, striking him several times, with the intent to kill him. Garcia and other BMC members considered the victim and his family members to be enemies of BMC because members of the family testified at the trial of a BMC leader charged with murder in Payette County, Idaho. During his plea, Garcia admitted that BMC members were expected to engage in acts of violence towards witnesses in criminal investigations against BMC members and against other BMC members who do not follow BMC rules. Garcia further admitted that the attempted murder was committed for the purpose of gaining entrance to or maintaining or increasing position in the BMC gang.

During the sentencing hearing, Garcia renounced his membership in the BMC gang, stating, “I am no longer a gang member.” To date, eight co-defendants have been sentenced to federal prison for racketeering crimes related to the BMC gang. Mathew Grover a/k/a “Dreamin” was sentenced to 51 months in prison; Samson Torres a/k/a “Gremlin,” 70 months; Salvador Apodaca a/k/a “Bugz,” 60 months; Jessie Rodriguez a/k/a “Pelon,” 115 months; Adam Gomez “Lil Toro,” 60 months; Adelaido Gomez, a/k/a “Guy,” 125 months; Alfredo Castro a/k/a “Papos,” 168 months; and Juan Gonzalez, a/k/a “Chango,” 37 months.

Co-defendant Oscar Garcia, a/k/a “Bubba,” a/k/a “Tiny,” pleaded guilty on January 18, 2013, to conspiracy to participate in a racketeering enterprise and attempted murder in aid of racketeering; sentencing is set for April 9 at the federal courthouse in Boise. Juan Jimenez, a/k/a “Loco,” pleaded guilty on January 17, to conspiracy to participate in a racketeering enterprise; sentencing is set for April 8.

The federal Racketeer Influenced Corrupt Organizations (RICO) Act prohibits individuals from participating, or conspiring to participate, in the conduct of an enterprise through a pattern of racketeering activity. An enterprise is defined as any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity. Racketeering activity is defined as specified criminal acts, including murder, arson, distribution of controlled substances, and intimidation and retaliation against witnesses.

The investigation, named Operation Black Magic, included the cooperative law enforcement efforts of the Treasure Valley Metro Violent Crime Task Force; the Federal Bureau of Investigation; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Ada County Sheriff’s Office; the Boise Police Department; the Caldwell Police Department; the Canyon County Sheriff’s Office; the Idaho Department of Corrections; the Malheur County Sheriff’s Office; the Meridian Police Department; the Nampa Police Department; the Nyssa Police Department; the Ontario Police Department; the Oregon State Police; and the U.S. Attorney’s Office. The investigation is ongoing.