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Latin Kings Charges Tossed; Judge Blames Law Enforcers
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Published: April 7, 2008
Updated: 04/07/2008 03:47 pm
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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."
Several pages of Sleet's 42-page order pointed to problems with Luis "Danny" Agosto, a confidential informant hired by the FBI and Tampa Police Department to help round up Latin Kings members.
Lyann Goudie, a defense attorney for one of the defendants in the case, wrote the 114-page request to drop charges. Today she congratulated Sleet for his tough decision to throw out charges against 23 of the defendants.
"Most of these defendants should not have been charged at all," she said. "That offended all of us."
More than 50 people were arrested in the investigation. Many of the defendants had family members post bail bonds for large sums of money. Others have been jailed since their arrest on Aug. 20, 2006.
Three months before the bust, a handful of the defendants were called to a meeting to address an old dispute between Latin Kings members. At that meeting, prosecutors allege, six of the defendants beat another Latin Kings member.
Sleet ruled that it was not clear that Agosto acted alone to arrange that meeting. Conspiracy and racketeering charges, therefore, remain against those six defendants, including some of the purported gang leaders.
Three other defendants still face charges including being a felon in possession of a firearm, bringing marijuana into a jail, possessing marijuana, possessing drug paraphernalia and trafficking stolen property. One remains charged with attempted murder.
Goudie's client, Samuel Alvarado, faces one of the firearms charges. Goudie also is co-counsel in defending Michael Lugo, who is still charged with racketeering and conspiracy.
Goudie said she respects the judge for taking extreme care in reading the voluminous documents associated with the case, including 11,000 pages of investigative documents and thousands of recorded phone calls.
"He really listened and found the conduct of the confidential informant to be as egregious as we did," she said.
Still, Goudie said, she had hoped he would have gone further – throwing out even more of the charges.
She said she looks forward to trial, where she will use much of the information about the confidential informant to discredit him to the jury.
An Informant Recruited
In December 2005, Agosto was in jail, charged with armed burglary and grand theft of a motor vehicle. Agosto had a long record with multiple felony convictions and he was worried about a long prison sentence, according to court testimony and Sleet's written order.
Tampa police and the FBI investigators asked him to help look into possible drug and gun activity within the Tampa Latin Kings gang. In exchange, they dropped the burglary charge and gave Agosto 10 years' probation for the theft charge.
He also was given a rent-free apartment, a cell phone, $2,400 a month for living expenses and the promise of a $100,000 bonus upon conviction of Latin King members.
The Tampa division of the Latin Kings gang, however, had been dormant since August 2005, according to Sleet's order. Therefore, Sleet wrote, Agosto was "employed" by law enforcement to get the gang back together. Agosto started to hold meetings of gang members with required attendance.
On Aug. 20, 2006, Agosto gathered 39 purported members of the Latin Kings at a Tampa meeting hall. All were threatened with beatings if they did not attend.
Six law enforcement agencies raided the meeting and all were arrested. Other arrests followed.
Goudie said law enforcement is prohibited from "manufacturing" a crime. When Agosto, acting as an arm of law enforcement, forced people to gather, he formed a gang and created the conspiracy, Goudie said.
In an analogy, Goudie said police cannot manufacture crack cocaine, sell it on the street then arrest people for buying crack.
"The Tampa Latin Kings became the crack," she said.
Sleet wrote that law enforcement and confidential informants can "cajole" suspects into committing crimes. They cannot use egregious and unlawful conduct.
Agosto, Sleet wrote, presided over physical beatings of Latin Kings members, then threatened all the defendants with physical beatings if they did not come to the Aug. 20, 2006, meeting.
"A court should not allow this illegal and impermissible conduct to snare criminal suspects," Sleet wrote. "Would these defendants have shown up at the meeting absent [Agosto's] actual and implied threats? This court is confident they would not have."
Discredited Witness
Late last year, Goudie filed a 114-page request for Sleet to throw out the charges against all the defendants. Over several days of hearing, spread out over several months, Goudie argued that Agosto was not credible as a witness.
Sleet detailed many problems with Agosto's background and testimony.
"A little over a month after he was employed by law enforcement, [Agosto] ventured back into his previous life of crime," Sleet wrote.
Recorded phone conversations show that Agosto began discussing plans to steal motorcycles. The calls were made on his government-issued cell phone, which Sleet called "brazen."
He is thought to have stolen three motorcycles, Sleet wrote.
The FBI agents involved in the case found out about the motorcycles, believed Agosto's story that he felt pressured to steal them, and added charges of motorcycle theft to another defendant, not to Agosto, Sleet wrote.
The evidence that Agosto was voluntarily involved is "overwhelming," Sleet wrote.
Agosto also had planned to meet with another Latin Kings defendant regarding drug trafficking, although the meeting did not occur, Sleet wrote. Agosto did not tell the FBI or police that he was planning the meeting.
Sleet wrote that he was "greatly troubled" about recorded threats Agosto made to his girlfriend while he was working as an informant.
He told her he was going to "beat her so bad that her brain will seep from her ears," Sleet wrote, also pointing out that Agosto told her he didn't care that the phone call was being recorded.
Tampa police and FBI investigators told Agosto to stop contacting the girlfriend, but he continued to threaten her by calling her at work and threatening her new boyfriend, Sleet wrote.
Sleet described Agosto as "an out of control convicted felon abusing his role as an informant."
Rather than severing ties with Agosot, Sleet wrote, law enforcement "excused" his crimes and paid his monthly expenses.
Sleet wrote that state prosecutors have 15 days to appeal his ruling. Assistant State Attorney Pam Bondi said they will be asking Sleet for a rehearing in this matter.
Reporter Thomas W. Krause can be reached at (813) 259-7698 or tkrause@tampatrib.com.
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Reader Comments
Posted by ( RichB ) on April 7, 2008 at 11:05 a.m. ( Suggest removal )
Sounds like law enforcement goofed ..... Was this by any chance led by the feds?
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Posted by ( Claylisa ) on April 7, 2008 at 11:19 a.m. ( Suggest removal )
Wow. Tampa tax dollars are kickin' a$$.
Hope they threw in a health plan for this snitch too.
He worked the the system good and his gang punks are off the hook to boot as well.
Amazing.
Is there a show call "World's Dumbest Cops"? Cause if this is true...I want the producer rights.
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Posted by ( KingofKings ) on April 7, 2008 at 12:03 p.m. ( Suggest removal )
16-time convicted felon Luis "Danny" Agosto, nice choice of informants.
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Posted by ( big_t ) on April 7, 2008 at 12:03 p.m. ( Suggest removal )
Go Judge Sleet wrong is wrong even if your law enforcement.
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Posted by ( motorist ) on April 7, 2008 at 12:05 p.m. ( Suggest removal )
Sounds like Toody and Mulldoon. CAR 54 WHERE ARE YOU.
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Posted by ( Longball ) on April 7, 2008 at 12:29 p.m. ( Suggest removal )
LE, you got some splainin to do. And does a Latino get a Caucasian nickname (Danny)?
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Posted by ( smmitty84 ) on April 7, 2008 at 12:38 p.m.
(This comment was removed by the site staff.)
Posted by ( Kaye ) on April 7, 2008 at 12:40 p.m. ( Suggest removal )
Maybe the judge should have the joy of living near this animals?
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Posted by ( welshiesdad ) on April 7, 2008 at 12:43 p.m. ( Suggest removal )
Just to let ya know longball, Daniel in Spanish is....wait for it...
Daniel
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Posted by ( bleuzman ) on April 7, 2008 at 12:45 p.m. ( Suggest removal )
Kingofkings.....a 16 time convicted felon is an ideal choice for an informant.Who should they choose a priest? Now as to how does a 16 time convicted felon get out on the street to inform on anyone in the first place, well thats another question that should be answered.
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Posted by ( Grandma5 ) on April 7, 2008 at 12:49 p.m. ( Suggest removal )
Wrong is wrong even if your law enforcement yes and even if you are the supposed leaders of the group. They are accused by who? 16-time convicted felon Luis "Danny" Agosto.
I think they all should be released. Bad deal all the way around. Please Brother Please Wrong is Wrong.
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Posted by ( boofita ) on April 7, 2008 at 1:02 p.m. ( Suggest removal )
the judge is an idiot,,,people like him is what is wrong with the legal system.but it is a kangaroo court too begin with..but people like you make me in too a none believer,,,thank you judge sleet
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Posted by ( kgarcia607 ) on April 7, 2008 at 1:06 p.m. ( Suggest removal )
Judge tosses charges against the Latin Kings...say in aint so...lol really is anyone surprised?
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Posted by ( OPTIMUSPRIME ) on April 7, 2008 at 1:17 p.m. ( Suggest removal )
SO HE WAS AN INFORMANT FOR THE POLICE- LUIS DANNY AGOSTO- SO MUCH FOR KEEPING HIS NAME PRIVATE, I WONDER WHAT THOSE GANG MEMBERS ARE GOING TO DO TO THIS GUY, MAYBE COPS FIGURE THEY WILL MURDER HIM...AND THEN THEY WILL HAVE SOME CHARGES THAT WILL STICK..... ALTHOUGH I THINK THEY SHOULD STICK THEM IN JAIL ANYWAY, I AM GLAD THE JUDGE STOOD UP FOR WHAT IS RIGHT...WHO KNOWS IF ONE DAY WE GET THROWN IN JAIL ON FALSE CHARGES LIKE THIS....I HOPE HE IS MY JUDGE
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Posted by ( szamp ) on April 7, 2008 at 1:24 p.m.
(This comment was removed by the site staff.)
Posted by ( newjdguy ) on April 7, 2008 at 1:31 p.m. ( Suggest removal )
If the gang members cap the informant, the popo doesn't have to pay the bonus IF they ever get a conviction.
Sleet is a closet liberal and certainly not one of the most judicious judges I've seen.
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Posted by ( Bonsai ) on April 7, 2008 at 1:47 p.m. ( Suggest removal )
Sounds like someone has a judge in their pockets.
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Posted by ( lovemy2boys ) on April 7, 2008 at 1:48 p.m. ( Suggest removal )
We should be happy they get these worthless gang members off the streets no matter how they have to do it! Sounds like the pathetic judge was paid off or threatened!
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Posted by ( 3bullies ) on April 7, 2008 at 1:50 p.m. ( Suggest removal )
Sounds like the judge is a Latin King. Shame on LE for what? Doing everything they can to get and keep these POS's off the street we have to live on. No judge Sleet, shame on you. I say they should all come live with you in your neighborhood
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Posted by ( Jasmine501 ) on April 7, 2008 at 2:22 p.m. ( Suggest removal )
Way to go judge. As if there weren't enough trash on the streets already.
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Posted by ( kayman88 ) on April 7, 2008 at 2:36 p.m. ( Suggest removal )
Rest in Peace Danny Agosto.
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Posted by ( 91stormvet ) on April 7, 2008 at 3:02 p.m. ( Suggest removal )
I would like for some politician to propose a bill that would hold judges accountable for anyone arrested and let go only to re-offend. This would stop some of the soft sentences being handed down on gang bangers, pedophiles, and rapists. I do hold these judges responsible. Hope they sleep well at night.
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Posted by ( specialtimes ) on April 7, 2008 at 3:21 p.m. ( Suggest removal )
It seems like there are more loop holes in the law than laws themselves. I hear more cases thrown out or over turned than are done to the finish. I guess its best to find the hole first then do the crime. I say over and over, the judical system in this country is not what its cracked up to be, to many go free that are guilty and see how many have been set free that were innocent. It is time for a change.
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Posted by ( big_t ) on April 7, 2008 at 3:28 p.m. ( Suggest removal )
To all who are slamming Judge Sleet, may he be so fair if you end up in his court on some trumped up guilty til proven innocent charges.
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Posted by ( supernanny80 ) on April 7, 2008 at 3:31 p.m. ( Suggest removal )
LOCK ALL GANG MEMBERS IN JAIL FOR THE REST OF THEIR LIVES. BLACK, BROWN, WHITE, YELLOW OR WHATEVER THEY ARE. WE DON'T NEED GANG MEMBERS IN THIS COUNTRY!
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Posted by ( anne25 ) on April 7, 2008 at 3:52 p.m. ( Suggest removal )
Some of these people had no criminal backgrounds, some were full time students and all were minding their own business until these cops put their dirty little hands in it and started wasting our tax dollars.. Shame on all of you who think people should rot in jail for something they didn’t do, just because of a title they may hold. You have good and bad people everywhere you go.. a title like (latin King) should never diminish someone’s self worth. These people are still people and that alone should be their only title. NO ONE SHOULD ROT FOR SOMETHING THEY DIDN’T DO. And who are you to say if someone’s guilty or innocent if you don’t know the entire story.. and I’m sure you don’t ..
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Posted by ( RobKay ) on April 7, 2008 at 4:02 p.m. ( Suggest removal )
Lots of strong opinions on both sides. Does anyone who posted actually know what the Florida Due Process Clause says? How can you have an opinion about what was done if you don't even know why it was done?
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Posted by ( 1voice ) on April 7, 2008 at 4:15 p.m. ( Suggest removal )
Should be removed from the bench.
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Posted by ( GehlLady ) on April 7, 2008 at 4:37 p.m. ( Suggest removal )
I only know what I've read in this one article, and as I read it, the judge had no other choice. Period. Lovemy2boys, yours and others here with your attitude is much more dangerous than any gang. Once the the rights and protections of the law doesn't apply to "undesirables", it simply becomes whom ever is in power at any given time whether or not YOU are protected.
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Posted by ( tara4444 ) on April 7, 2008 at 4:52 p.m.
(This comment was removed by the site staff.)
Posted by ( JailBadJudges ) on April 7, 2008 at 5:38 p.m. ( Suggest removal )
Yes, absolutely. But mere dismissal isn't enough. Prosecutors and cops who abuse must be held accountable with jail time!!
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Posted by ( what_now ) on April 7, 2008 at 5:39 p.m. ( Suggest removal )
CAN WE SAY PAY OFF. WTG SUPERNANNY
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Posted by ( Major7th ) on April 7, 2008 at 6:08 p.m. ( Suggest removal )
Who is that said "Crime Doesn't Pay" ?
Sounds like we have a Judge and others on the Latin Kings payroll, or is it the other way around?
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Posted by ( DanPalmer ) on April 7, 2008 at 6:23 p.m. ( Suggest removal )
The tribal community we refer to as "gangs" have always been a part of our environment. They follow their own laws and spurn civility. They enforce their laws with a firm hand and concrete overshoes.
JAILBADJUDGES, no dismissal unless they are "NOT GUILTY" but, yes jail time for the offenders, whether cop or CI. Much like mishandled evidence, unless it compromises guilt, should be admissible. It is sad that so many criminals are walking the streets because of minor glitches on search warrants, or wording in depositions. It is just as sad as all the truly innocent people charged with crime. But if the judge believes the innocence of these people, he should move his family into an apt. building with all of them for the next 3-4 years!
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Posted by ( Concerned_In_TB ) on April 7, 2008 at 6:26 p.m. ( Suggest removal )
Gangs are gangs. I hope that people in Tampa Bay remind this Hillsborough Circuit Judge Daniel Sleet for the rest of his days everytime one of these gangbangers kill, hurt or rape someone in the future. I haven't read every single article that has been put out on this, but if any of these people who have been arrested are in a gang, then they put themselves in the way to be scrutinized, and why their families are paying money to bail them out. If they weren't, then the officers who put them in the way need to be scrutinized.
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Posted by ( tpa2008 ) on April 7, 2008 at 6:41 p.m. ( Suggest removal )
Judge Daniel Sleet should buy the house next door to his and let these guys use it as their new hang out. Then if anyone gets hurt, odds are,it will be the judge who set them free to run the streets.
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Posted by ( sophia12 ) on April 7, 2008 at 7:44 p.m. ( Suggest removal )
To all of the uneducated people who feel the need to comment on this case. Perhaps you should review the file at the Clerk's office before you go chastising the Judge for doing what was proved to be the correct thing in this situation. He did what he knew what right after Leann proved a very good case. Maybe next time you all should go sit in on some of the hearings before you think you know everything and start running your mouth!
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Posted by ( GF ) on April 7, 2008 at 9:44 p.m. ( Suggest removal )
sophia12, You felt the need to comment too.
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Posted by ( Claylisa ) on April 7, 2008 at 9:56 p.m. ( Suggest removal )
Good observation, GF.
'Brilliant' and as usual.
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Posted by ( bgraham309 ) on April 7, 2008 at 11:20 p.m. ( Suggest removal )
To all that think that Law enforcement is perfect like CSI or any other TV COP Show. Wake up! Law enforcement works just like all else. There is the good and the bad.
On a similar note I fought for this costitution, my father fought for this constitution, his father and his before. The climate today is conspiring to take those rights earned by their blood. Wake up
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Posted by ( sanders ) on April 8, 2008 at 12:10 a.m. ( Suggest removal )
Great police work. Good job in blowing this one.
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