The Justice Department has made the decision to no longer seek the death penalty for two alleged MS-13 gang members accused of several gruesome killings in Long Island, New York. This news comes after Attorney General Merrick Garland directed prosecutors to withdraw their notices of intention to seek capital punishment for brothers, Alexi Saenz and Jairo Saenz.
The decision was revealed in a letter written to U.S. District Judge Gary R. Brown by Breon Peace, the U.S. attorney for the Eastern District of New York. In the letter, Peace stated that the government was providing an update on the status of the death penalty deauthorization requests for the Saenz brothers and the DOJ’s decision regarding an eighth murder charge against Alexi Saenz.
The brothers were originally facing potential execution for their alleged involvement in the brutal killings of 16-year-old Kayla Cuevas and 15-year-old Nisa Mickens in 2016. The murders gained national attention and put the spotlight on MS-13, a notorious transnational gang with origins in Los Angeles. The Saenz brothers are also charged with the deaths of five other victims, including Michael Johnson, Oscar Acosta, Javier Castillo, Dewann Stacks, and Esteban Alvarado-Bonilla.
Alexi Saenz, the leader of MS-13’s Brentwood and Central Islip-based clique, was also facing capital offenses for an eighth murder, that of Marcus Bohannon. Peace has requested a decision from the DOJ on whether they will seek the death penalty for this charge by November 29th.
The U.S. Justice Department will not seek the death penalty for two alleged MS-13 members, who face criminal charges in the killings of seven victims on Long Island, including the 2016 slayings of two Brentwood teenagers. https://t.co/O6mvYFUmho
— Newsday (@Newsday) November 12, 2023
The news of the DOJ’s decision to not seek the death penalty for the Saenz brothers was met with relief by their lawyers. Jacqueline K. Walsh, one of Jairo Saenz’s attorneys, spoke to Newsday, expressing her clients’ relief and happiness at the news. Fox News Digital attempted to reach out to Walsh for further comment but was unsuccessful. The DOJ also did not provide any comment on the matter.
According to federal prosecutors, Alexi Saenz was the leader of MS-13’s Brentwood and Central Islip clique, with his brother Jairo serving as his second-in-command. The brutal killings of Cuevas and Mickens, who were lifelong friends, were allegedly in retaliation for Cuevas calling out the gang at school and on social media. Officials say Mickens was an innocent victim caught in the crossfire.
The use of the death penalty by the federal government was put on hold in 2021, with 13 executions carried out during the final months of the Trump administration in 2020. This decision by the DOJ not to seek the death penalty for the Saenz brothers is in line with President Biden’s stance against capital punishment.
The tragic story of Cuevas and Mickens has also taken another devastating turn. Cuevas’ mother, Evelyn Rodriguez, became an anti-gang activist and was later killed in 2018 during a dispute over a memorial honoring her daughter. The woman accused of her death, Annmarie Drago, is currently facing a second trial after the previous jury failed to reach a verdict on the top count of criminally negligent homicide.
As the trial for the Saenz brothers is expected to begin on March 4th, the news of the DOJ’s decision to not seek the death penalty for them brings a renewed focus on the issue of capital punishment. With this latest development, it remains to be seen how the case will unfold and what justice will be served for the victims and their families.
