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U.S. v. DEJESUS

July 26, 1999

UNITED STATES OF AMERICA,
v.
NEPHTALI DEJESUS, DEFENDANT.



The opinion of the court was delivered by: Scheindlin, District Judge.

OPINION

I. Background

Defendant Nephtali DeJesus was found guilty, after a jury trial, of conspiring to commit assault in aid of racketeering and attempting to commit assault with a dangerous weapon, both counts in violation of 18 U.S.C. § 1959(a)(6). At the time of the incident, defendant was a member of the Latin Kings and, in fact, held the position of "warlord," the third highest ranking title of that organization.

  A: So when he hit me the first time I told him,
    Little, don't hit me, I don't want to disrespect
    you, don't hit me. And he hit me again. So the
    second time he hit me I hit him back.
    So we started fighting. And then he punched me in
    my stomach. I was down like that and he upper cut
    me and hit me in my nose.

Q: Why were you down?

A: Because I didn't want him to hit me in my stomach.

Q: You were showing -

A: Yes, I was five months pregnant.

Q: Then what happened?

  A: So we was fighting. He threw me up against the
    car, he had my neck up against the car.
    He said I will kill you, bitch. I'll kill you.
    That's when this guy Ketchup and Ariel came running
    towards us and they separated the fight.
    They say, what are you doing hitting the [sic]
    sister, ...

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