The Trump Administration just recently announced that it was making a priority of prosecuting members of gangs that commit criminal acts, and in particular members of the gang known as MS-13. Maryland’s highest Court just last week addressed whether a sentencing Judge can consider evidence of the defendant’s membership in a gang, even where the underlying crime was not gang related. The case is called Oscar Cruz-Quintanilla v. State of Maryland.
Chief Judge Barbera wrote in the opinion that the defendant was indicted for various crimes related to a home robbery. A jury convicted him of reckless endangerment, wearing/carrying/transporting a handgun, and conspiracy to commit robbery.At sentencing, the prosecution offered for the first time evidence that the defendant had been a member of MS-13. The State called a police Sergeant who testified about and showed pictures of various tattoos on the defendant that showed he belonged to that gang.
The officer said the defendant was a documented gang member since at least 2004. He further testified that members of that gang have to demonstrate loyalty and a willingness to commit violent criminal acts, consistent with its motto translated as “kill, rape, control.”