Document 85-6 Date Filed: 11/07/2011 @5555 LAURA DUFFY _y United States Attorne -95552 ?f3P'f DAVID Zn" I A 54 FRED A. SHEPPARD tal Assistant United States Attorneys ifiif mum 8 0 Front Street Room 6293 111; 111111 111" San Diego, California 92101 Telephone 619 557 5610 Email todd robinson usdo .gov Email fred sheiiapard usdoj.gov Attorneys for inti -lb UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA, Plaintiff (1) Manuel Osono Arellanes; aka Manuel Arellanes aka "Paye, 2) Jesus Rosario Favela Astorga; aka Jesus Rosario Fabela Astorga (3) Ivan Soto Barraza (4) Heraclio Osorio-Arellanes; aka "Laco (5) L|onelPort1lIo Meza aka "Lionel Meza aka "Leonel Portillo-Meza" aka "Leonel Meza-Porhllo" (6) Rito Osorlo-Arellanes Defendants. case: 4111- 1 . 2 - Jlif Email; dav|d.|eshne IHIRD SHBERSEDIQQ IHDIQIMEHI Violations: 18 1111 and 1114 (First Degree Murder); 18 U.S.C. 1111 and 1114 (Second Degree Murder); 18 U.S.C. 1951 (Conspiracy to lnterfere with Commerce by Robbery); 18U.S.C. 1951 (Attempted Interference with Commerce by Robbery); 18 U.S.C. 924(c) (Use and Carrying a Firearm During a Crime of Violence); 18 U.S.C. 111 (Assault on a Federal 0l1lcer); 18 U.S.C. 922(g)(5)(A) (Possession of a Firearm hy a Prohibited Person); and 18 922(g)(1) (Possession 'of a Fireann by a Prohibite Person) Case: 4:114 -00150-DCB-BPV Document 85-6 Date FiledTHE GRAND Junv cnAnc1:s= DEGREE LQQER i On or about December 14, 2010, within the District of Arizona, during an attempt to interfere with commerce by robbery, as alleged in Count Four of this Third Superseding Indictment and incorporated herein by reference, defendants Manuel Osorio-Arellanes, aka "Manuel Arellanes," aka "Paye," Jesus Rosario Favela-Astorga, aka "Jesus Rosario Fabela Astorga," Ivan Soto-Barraza, Heraclio Osorio-Arellanes, aka "Laco," and Lionel Portillo- Meza, aka "Lionel Meza-Portillo," aka Leonel Portillo-Melia," "Leonel Meza-Portillo," did unlawfully kill with malice aforethought United States Border Patrol Agent Brian Terry; in violation of Title 18, United States Code, Sections and ?tat_e?, 640 (1946). COUNT TWQ - . SECOND DEGREE MQQER On or about December 14, 2010, within the District of Arizona, defendants Manuel Osorio-Arellanes, aka "Manuel Arellanes," aka _"Paye," Jesus Rosario Favela-Astorga, aka "Jesus Rosario Fabela Astorga," Ivan Soto-Barraza, Heraclio Osorio-Arellapes, aka "Laco," and Lionel Portillo-Meza, aka "Lionel Meza-Portillo," aka Leonel Portillo-Meza," aka "Leonel did kill with malice aforethought United States Border Patrol Agent Brian Terry while Agent Terry was engaged in and on account of the performance of his ofticial duties; in violation of Title 18, United States Code, Sections 1 1 1 1 and 1114 and I 328 U.S. 640 (1946).. 1 . COUNI THREE -2 - CY TQ INTEQLEBE HLTH QQMMEBCE BY RQBERY Beginning at a date unknown and continuing up to and including December 14, 2010, within the District of Arizona and elsewhere, defendants Manuel Osorio-Arellanes, aka Qnig States y, et. al. Page 2 of 9_ Manuel Arellanes aka Paye Jesus Rosario Favela Astorga aka Jesus Rosario Fabela Astorga, Ivan Soto-Barraza, Heracl1oOsor1o-Arellanes aka Laco L1onelPort1llo Meza, aka Lionel Meza Portillo aka Leonel Portillo Meza, aka Leonel Meza and Rtto Osono-Arellanes did knowingly and intentionally conspire with each other and with other persons known and tmknown to the grand Jury to obstruct, delay and affect commerce States Code Section 1951 by robbery in that the defendants unlawfully conspired to interfere with the movement of drugs through the unlawful taking and obtammg of property from a person and in the presence of another against his will by means of actual and threatened force violence and fear of injury immediate and future to his person and property and to anyone in his company at the time ofthe taking and obtaining in violation ofT1le 18 United States Code Section 1951 MANNER AND MEANS Defendants Manuel Osono Arellanes aka Manuel Arellanes aka Paye Jesus Rosario Favela Astorga, aka Jesus Rosario Fabela Astorga, Ivan Soto- Barraza, I-Ieracllo Osono Arellanes aka "Laco,' Lionel aka "Lionel Meza Portillo, aka Leonel lPort1llo Meza,' aka 'Leonel Meza Porhllo, and Rito Osorlo Arellanes traveled from the Republic of Mexico to the United States for the purpose of robbing marijuana trom others. Upon unlawfully entering the United States from the Repubhc of Mexico, the defendants planned to arm themselves with firearms The defendants intended to use the firearms to obtain marijuanaliom others by committing or threatening to commit physical violence against the individuals being robbed. All in violation of Title 18, United States Code, Section 1951. I r'o- ll al Page 3 of 9 Case: 4:11- -00150-DCB-BPV Document #2 85-6 Date Filed: 11107/2011 and the movement of articles and commodities in commerce, as defined 18, United Case 411 Document 85-6 Date Filed: 11/07/2011 ATTEMPTED INTEREERENCE QOMMEBQE BY ROBBEBY On or about December 14 2010 within the D1str1ctofAr1zona, defendants Manuel Osorio-Arellanes, aka "Manuel Arellanes," aka "Paye," Jesus Rosario Favela-Astorga, aka "Jesus Rosario Fabela Astorga," Ivan Soto-B arraza, Heraclio Osorio-Arellanes, aka "Laco and Lionel Portillo-Meza aka "Lionel Meza