The Justice Department aims to dismiss its criminal charges against a man from Virginia who was labeled as the "East Coast leader" of the MS-13 gang, just a few weeks later. Attorney General Pam Bondi he disclosed his arrest at a nationally televised press conference last month.
During a press briefing held on March 27 in Manassas, Virginia, Bondi described Henrry Villatoro Santos as "a leading figure and the head of the East Coast operations" within the notorious MS-13 gang. She further alleged that Villatoro Santos had orchestrated numerous brutal criminal acts linked to the organization, stating he oversaw “all forms of violence attributed to MS-13.”
On Wednesday, in Alexandria, Virginia, the U.S. Attorney for the Eastern District of Virginia filed a motion asking the judge to "dismiss without prejudice the current criminal complaint against the defendant." In response to inquiries about why the government sought to withdraw the charges, a representative from Bondi quoted Bondi stating on March 27 that Villatoro Santos would soon "no longer be residing within this country."
Two people close to the situation informed CBS News that the department is expected to attempt to deport Villatoro Santos.
"As a terrorist, he will now face the removal process," Bondi said in a statement following CBS News' reporting.
Any decision to deport Villatoro-Santos without first securing a criminal conviction on the crimes alleged by Bondi would break historical precedent, according to two former Justice Department officials who spoke with CBS News.
Scott Fredericksen, a former federal prosecutor, told CBS News, "Historically and consistently, if someone truly is a leader of a violent gang, we would always prosecute them first and convict them first — and make sure they can't get back into the country."
On Wednesday afternoon, in an uncommon step, lawyers representing Villatoro Santos requested from a judge to postpone the dismissal of their client’s case. They alleged that both the Justice Department along with Virginia Governor Glenn Youngkin and several others have orchestrated a media frenzy through what they described as “hasty declarations” surrounding the accusations made against Villatoro Santos.
"The significant risk for Mr. Villatoro Santos facing unlawful deportation by ICE without proper judicial procedures and being sent back to El Salvador, where he would likely face immediate incarceration in some of the most notorious jails worldwide with no opportunity to challenge his expulsion, remains high. This assessment takes into account the government’s recent activities as well as the highly visible statements made in this specific case," stated his lawyers in Wednesday’s submission, highlighting the continuing legal dispute. alleged Venezuelan gang members who were dispatched to an El Salvador prison, apparently bypassing due process.
His lawyers expressed concern that their client might suffer the same outcome if the judge decided to dismiss the case right away.
Villatoro Santos also pointed out that they were "acutely aware of the extraordinary nature of this motion. However, we are living in exceptional times."
Charging documents filed against Villatoro Santos last month made only a fleeting reference to his alleged affiliation to MS-13. The charging documents said, "FBI agents and (task force officers) also observed indicia of MS-13 association in the garage bedroom" of Villatoro Santos' home. He was charged with one count of unlawful possession of a firearm and was ordered detained by a magistrate judge, pending future hearings.
At the March 27 news conference, Virginia Gov. Glenn Younkin also appeared and referred to Villatoro-Santos as "One of the top operatives in MS-13."
A defense lawyer did not immediately return a request for comment.
