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Charges Dismissed Against 2 Suspected Gang Members

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By ELAINE SILVESTRINI | The Tampa Tribune

Published: July 28, 2008

TAMPA - A Hillsborough Circuit Judge today dismissed armed kidnapping, aggravated battery and aggravated assault charges against two suspected Latin King gang members.

Judge Daniel H. Sleet cited the refusal of the FBI to turn over information to a defense attorney for Michael Lugo and Omari Elijah Tolbert, who were scheduled to go on trial this morning.

More than 50 purported members of the Latin Kings were arrested at an August 2006 gang meeting, which was set up by Luis "Danny" Agosto, a confidential informant hired by the FBI and Tampa police.

In April, Sleet threw out racketeering and conspiracy charges against almost all of the defendants. Just showing up at the meeting was not grounds for the charges, Sleet said.

The judge said authorities let Agosto go too far when the defendants were threatened with violence if they did not attend the meeting.

Agosto was paid $2,400 a month, given a cell phone, a rent-free apartment and the promise of a $100,000 bonus upon conviction of gang members. While he acted as an informant, he continued a life of crime, Sleet wrote in April.

This morning, the judge issued a ruling saying that "principles of fundamental fairness, due process and evidence exclusion" guided his decision to dismiss the remaining charges against Lugo and Tolbert, who faced prosecution for allegedly attending a meeting that was independent of Agosto.

Three others, who did not join in the motion to dismiss, Orlando Geraldo Perez, Edwin Deleon and Marcus Jiles, still face charges of armed kidnapping, aggravated battery and aggravated assault relating to that incident.

Lyann Goudie, a lawyer representing Lugo and Tolbert, filed the motion to dismiss, arguing that the FBI had intentionally withheld key evidence necessary to defend the case.

"The issue of withheld evidence first arise in October 2006 and has permeated this case to the point of malignancy," Sleet wrote in his ruling. "These charges are serious and it has been alleged that these defendants are violent individuals who are members of a dangerous gang. However, the principles of fundamental fairness, due process and evidence exclusion are not to be subjectively applied. The court wishes the federal government had been more cooperative in this case and recognizes that the state of Florida's prosecutors have performed admirably in their efforts to produce all of the evidence to these defendants."

News Channel 8 photojournalist Kate Caldwell contributed this report. Reporter Elaine Silvestrini can be reached at (813) 259-7837 or esilvestrini@tampatrib.com.

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