Judge denies release of murder defendant who was allegedly a member of the MS-13 gang

By Adriana Marroquin
– 16 September 2024
Court | Daily Stories | Murder Cases | Suspects | Victims |

Washington, DC Supreme Court Justice Marisa Demeo on September 13 denied a defendant's request for bail on a murder charge. Prosecutors allege that the suspect is a member of the international crime gang Mara Salvatrucha (MS-13).

Pedro Joya Argueta, 25, also known as “Peluche,” a Spanish nickname for hairy or burly people, is charged with first-degree premeditated murder with a weapon, first-degree murder with a weapon with aggravating circumstances, kidnapping and conspiracy. The charges stem from his alleged involvement in the execution of 16-year-old Eberson Guerra-Sanchez. The incident occurred on April 27, 2019, in the 5200 block of Canal Road, NW.

Prosecutors said the murder stemmed from a violent past between Argueta and Guerra-Sanchez, who said the two had caused “riots” at a school in Frederick, Maryland, in 2018, where Argueta and Guerra-Sanchez's rival groups were fighting each other.

Argueta's court records show that he was charged in connection with the case in June 2021 and an arrest warrant was issued for him, but it was not executed until July 10, 2024.

Julie Swaney, Argueta's attorney, filed a motion for bail, citing the substantial support of the congregation. She argued that Argueta “vigorously denies these allegations.” She said he is a regular member of a church in Maryland and pointed to the numerous people from the congregation who showed up in court to support him.

According to Swaney, an Immigration and Customs Enforcement (ICE) warrant seeking Argueta's removal from the United States due to his illegal re-entry following a 2021 deportation “should have no bearing on a determination that he will appear in court.” Swaney argued that Argueta is not a flight risk.

Prosecutors objected, arguing that ICE detention not only meant he could be deported if released, but that his criminal history and the nature and circumstances of the crime also showed that he posed a danger to the community.

According to the prosecution, Argueta was convicted in Maryland in 2019 of sexually assaulting a 15-year-old who eventually gave birth to his child.

Swaney immediately objected, saying the girl had been in a relationship with Argueta, who was 19 at the time. It was also unclear whether the case was based on Maryland's law on the rape of minors or whether the complaint came from the girl's parents.

The prosecutor added that although Argueta was not convicted of multiple school disturbances in 2018, he was involved in physical assaults against Guerra-Sanchez at school and this was a trigger for Guerra-Sanchez's murder.

As for his deportation and new ICE detention, the prosecutor argued that his re-entry after deportation “demonstrated a lack of compliance with the law” and that he “returned to the country knowing he should not have done so.”

The prosecutor argued that his alleged involvement with the MS-13 gang, where he is considered a “homeboy,” was disturbing. According to the prosecutor, a gang member must have killed people to achieve the rank of “homeboy.”

The prosecutor further argued that Guerra-Sanchez's body was unidentifiable due to slash wounds to his face and extremities and the nearly severed head. She stated that they were only able to identify him using DNA samples from his parents.

Judge Demeo stated that Guerra-Sanchez suffered an “extremely disturbing, vicious, cruel and inhumane” murder and that although Argueta was employed and received support from his family, the bad aspects of the case outweigh the good.

“This is not the first time Argueta has been in the system,” Judge Demeo explained, adding that this is the most serious case. She argued that any “crime against a victim” demonstrates dangerousness and that his “failure to comply with laws,” including immigration laws, proves he poses a threat to the community.

“One can dedicate one’s vocation to God and still do things that violate the law,” Judge Demeo explained, describing his attendance at the church as a sign of good intentions.

“Releasing him would pose a serious danger to the community,” Judge Demeo claimed, ordering that he remain in custody while awaiting further proceedings.

The trial date was provisionally set for June 2026, but prosecutors informed Judge Demeo that they were working on charging other people in connection with the murder.

The parties are scheduled to meet again on November 8.