U.S. Attorney's Office
Southern District of Texas
Donald J. DeGabrielle, Jr. - United States Attorney

SEVERAL ARRESTED FOR PURCHASING WEAPONS IN VIOLATION OF FEDERAL LAW

(BROWNSVILLE, Texas) – Fifteen area residents have been charged in a 16-count indictment charging them with what is commonly known as “straw purchasing of handguns,” United States Attorney Don DeGabrielle announced today. Those charged include Emmanuel Ramirez, 25; Carlos Garcia, 21; Bryant Guillen, 19; Efrain Villarreal, 22, Roque Briagas, 28; David Lucas, 23; Ann Zarate, 26; Juan Olvera, 24; Zacarias Garcia, 21; Jesus Martinez, 24; Adrian Molina, 22; Elton Vasquez, 23; John Rodriguez, 23; David Cortez, 26; and Encarnacion Perez, 26, all residents of Brownsville.

Defendants Emmanuel Ramirez, Bryant Guillen, Efrain Villarreal, Elton Vasquez and John Rodriguez were arrested and made their initial appearances before U. S. Magistrate Judge B. Janice Ellington on Fri., Sept. 5. Ramirez has been ordered held without bond pending a detention hearing set for tomorrow, Sept. 9. Defendants Guillen, Villarreal, Vasquez and Rodriguez have been ordered released upon posting a $25,000 cash bond. Carlos Garcia, Roque Briagas, and Juan Olvera appeared before U. S. Magistrate Judge Frances Stacy this morning and have also been ordered released upon posting a $25,000 bond. Warrants remain outstanding for the arrest of the remaining defendants.

The indictment returned under seal by a Brownsville grand jury on Sept. 2, 2008, was unsealed this morning.

All 15 defendants are charged in the first count of the indictment with conspiracy to purchase weapons in violation of federal law. Ramirez is alleged to have enlisted and directed Carlos Garcia to recruit Guillen, Villarreal, Briagas, Lucas and Zarate to purchase firearms for Ramirez or to recruit others to purchase firearms for him. Ramirez would then allegedly smuggle the weapons to Mexico. According to the indictment, at the behest of Carlos Garcia, Lucas recruited Molina, Vasquez, Rodriguez, Cortez and Perez, while Guillen recruited Olvera, Zacarias Garcia and Martinez to purchase firearms for Ramirez. The indictment further alleges Ramirez would provide Carlos Garcia the money for the purchase of the weapons and instruct him as to which weapons to buy. Carlos Garcia would then provide the money to the co-conspirators, who were paid a fee for each weapon they purchased. Finally, Briagas, Zarate, Olvera, Zacarias Garcia, Martinez, Molina, Vasquez, Rodriguez, Cortez and Perez would acquire and attempt to acquire firearms from licensed dealers by knowingly making false and fictitious statements and representations with respect to the information required to be kept in the records of a licensed dealer under Chapter 44 of Title 18, United States Code.

Counts two through 12 of the indictment charge various defendants with purchasing weapons and knowingly making a false statement and representation with respect to information required by law to be kept in the records of Academy Sports and Outdoors, a licensed dealer under the provisions of Chapter 44 of Title 18 of the United States Code. The counts allege the defendants executed a Form 4473, Firearms Transaction Record, representing themselves as the actual buyer of the handguns, when in fact, the defendant was acquiring the firearms on behalf of another person.

Counts 13-15 charge Ramirez and Garcia with smuggling three specific weapons into Mexico, while count 16 charges Ramirez and Carlos Garcia with smuggling more than 60 handguns into Mexico. These actions, according to the indictment, are in violation of Title 18, United States Code, Sections 554 and 2.

Counts one through 12 are punishable by imprisonment for up to five years and a fine of up to $250,000. Counts 13-16 are punishable by imprisonment for up to 10 years and a fine of up to $250,000.

The case was investigated by special agents of the McAllen office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and of the Harlingen office of Immigration and Customs Enforcement. The case is being prosecuted by Assistance United States Attorney Angel Castro.

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