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Defense Questions Informant In Latin Kings Hearing

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By THOMAS W.  KRAUSE | The Tampa Tribune

Published: November 8, 2007

Updated: 11/08/2007 05:24 pm

TAMPA - A Tampa police detective and an FBI agent paid large sums of money to a known thief, liar and convicted felon, using him as their chief informant during an investigation of the Latin Kings street gang, a defense attorney is trying to prove in a hearing that began Thursday.

Defense attorney Lyann Goudie questioned Luis "Danny" Agosto, 30, on the witness stand for more than three hours Thursday. The testimony comes about a month after Goudie filed a 114-page court document asking the judge to drop charges against the Latin King street gang defendants.

Detectives had Agosto, a Latin King member, lure other members to the Caribbean American Club on Aug. 20, 2006, for a meeting. Members were threatened with beatings if they didn't show, Goudie wrote in court documents. Officers with six law-enforcement agencies raided the meeting and charged 39 gang members with racketeering.

Since Agosto began helping authorities, he has continued to commit crimes while living on the taxpayers' tab, Agosto acknowledged under questioning by Goudie.

At Thursday's hearing, prosecutors had not begun to cross examine Agosto. Prosecutors are expected to present their case Friday.

On the witness stand, Agosto acknowledged that he has been paid between $2,400 and $3,600 a month by Tampa police and the FBI to act as their informant.

When the prosecution of the gang is complete, Agosto testified, he has been promised a minimum bonus of $100,000. Two months ago, Agosto said, the federal agents told him he had to pay taxes on the money. Another agent told him the agents have to tell him that and it was a "formality."

Agosto also acknowledged on the witness stand that he has used many aliases over the years, primarily to avoid getting caught for multiple crimes. Goudie asked Agosto if he had been convicted of 13 felonies in his life.

"Honestly, I'm not going to say yes or no to that," Agosto said. "I don't know."

The agents first approached Agosto after an arrest for burglary, grand theft and grant-theft auto. When he agreed to help investigate gun sales, drug sales and Latin King gang activity, the burglary charge was dropped. Instead of going to prison, Agosto moved into an apartment provided by the agents, Agosto testified.

The agents had two rules.

"The two things I remember the most is don't lie and don't commit a crime," Agosto said.

Goudie played a tape recording in court in which Agosto and Latin King defendant Ronnie Tolbert are talking to each other as they cruise South Tampa to steal motorcycles. The conversation was recorded on a cell phone the FBI gave Agosto.

"There's one," Agosto says, sounding excited. "And it's chained to a tree," he adds with a disappointed tone.

Agosto testified that he was afraid if he did not help steal motorcycles he would be in danger.

In his deal with the agents, Agosto was expected to tell them if he was placed in a situation where he would break a law. Agosto testified that he did not tell the agents before the thefts and did not bring it up when he talked with them afterward.

The hearing is supposed to continue through today. It is unclear when Circuit Judge Daniel Sleet will make his decision regarding Goudie's request to drop the charges.

Reporter Thomas W. Krause can be reached at (813)259-7698 or tkrause@tampatrib.com.

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