By Thomas W. Krause
The Tampa Tribune
TAMPA — Racketeering and conspiracy charges against most of the purported members of the Latin Kings street gang were thrown out today by a circuit judge who had harsh words for law enforcement’s conduct in the investigation.
Although defense attorneys argued prosecutorial misconduct, Hillsborough Circuit Judge Daniel Sleet said he saw no evidence that the state attorney’s office advocated, directed or concealed any misconduct.
Instead, Sleet turned his ire toward law enforcement.
“This court finds that law enforcement’s conduct, by and through [the confidential informant], was so outrageous toward those defendants … as to violate the Florida Due Process Clause,” Sleet wrote. “Dismissal is an extreme sanction; however an extreme sanction is warranted to punish extreme conduct.”
On Aug. 20, 2006, six law enforcement agencies raided a South Tampa nightclub and charged 39 purported Latin King gang members with racketeering. More arrests followed.
A year later, Lyann Goudie, an attorney for one of the defendants asked Sleet to throw out the charges. During several days of hearings spread out over several months, Goudie argued that the arrests might never have happened without the help of a gang member encouraged by detectives to put together a new “tribe” in Tampa.
Detectives had Latin Kings member and 16-time convicted felon Luis “Danny” Agosto lure other members to the club for a statewide meeting, Goudie has argued. Agosto said members who did not show would be beaten.
Agosto acted as an informant for police and prosecutors, and he was paid well and given a rent-free apartment. During this time, Goudie said, he committed several felonies including motorcycle theft.
On the witness stand during the hearings, Agosto acknowledged that he had been paid $2,400 to $3,600 a month by Tampa police and the FBI to act as their informant. He also said he had been promised that when the Latin Kings prosecution was completed, there would be a $100,000 bonus.
Racketeering and conspiracy charges remain against some of the purported leaders of the group, including Michael Lugo, Omari Tolbert, Christopher Amieva, Edwin Deleon, Orlando Perez and Marcus Jiles.
Sleet wrote that state prosecutors have 15 days to appeal his ruling.
Copyright 2008 The Tampa Tribune