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Latest Legal News from the Criminal Courts in Houston, Texas
May 20, 2007
JURY CONVICTS HOUSTON RESIDENT OF HOSTAGE TAKING AND FIREARMS OFFENSE IN CONNECTION WITH HUMAN SMUGGLING OPERATION
(HOUSTON, TX) - After a four-day trial, a federal jury today found Charles Spezzia, 25, of Houston, guilty this morning of hostage taking, harboring an illegal alien, brandishing a firearm during and in relation to a crime of violence, and possession of an unregistered short-barrel shotgun, United States Attorney Don DeGabrielle, Jr. announced.
By its verdicts, the jury convicted Spezzia on all seven counts presented for their consideration, including conspiring to commit hostage taking, two substantive hostage taking counts relating to two specifically identified undocumented aliens, conspiracy to harbor illegal aliens and harboring a specifically identified undocumented alien, brandishing a firearm in connection with the hostage taking and possessing an unregistered short-barrel shotgun. U.S. District Judge Ewing Werlein, who presided over the four-day trial, has set sentencing for September 7, 2007.
During trial, the United States presented evidence which proved that in or about early January 2007 Spezzia’s and others smuggled four undocumented aliens into the U.S. through Nuevo Laredo. A Honduran national, hereinafter referred to as Miguel, was one of the four. All four were held at the Howard Johnson hotel at I-45 South and Dixie Farm Road overnight on January 5, 2007 until smuggling fees were paid. The smugglers including Spezzia demanded a $1800 smuggling fee from the Miguel’s brother, hereinafter referred to as Elmer, to release Miguel, and threatened Miguel’s life if the fee was not paid.
On January 6, 2007, Elmer, accompanied by a close friend, met with Spezzia and other smugglers at a gas station at the Beltway and South Post Oak to deliver money to secure Miguel’s release. But Elmer had not been able to raise the full amount demanded by the smugglers. When Spezzia discovered that the full fee was not forthcoming, he pulled out a pistol and struck Elmer on the forehead causing serious bleeding. Miguel, who had been transported to the meeting site, fled from Spezzia with Elmer’s friend. Spezzia and two other unidentified smugglers then took Elmer hostage and kept him for four days. During these four days, Spezzia and others in his organization called a close friend of Elmer’s threatening to kill and torture him unless an increased fee of $3200 was not paid.
On January 8, 2007, Spezzia called Elmer’s friend. While on the phone, Spezzia burned Elmer’s forearms with a hot iron and hit Elmer’s feet with a hammer so that the friend could hear Elmer’s screams. Elmer’s friend went to the police. Thereafter, recorded telephone calls between Elmer’s friend and the smugglers were made which assisted investigating agents locate Spezzia. The following day, Spezzia and his girlfriend, Patricia Garza, were arrested by ICE agents and HPD officers outside the Howard Johnson hotel. Investigating agents rescued Elmer. An unregistered short-barreled shotgun was discovered at Spezzia’s residence located next door to the hotel.
Spezzia, who has been detained since his arrest on January 9, 2007, will remain in federal custody without bond pending his sentencing on September 7, 2007. The conspiracy and each of the two hostage taking convictions carry maximum sentences of life imprisonment. The conspiracy and the harboring an undocumented alien convictions each carry a maximum punishment of up to ten years imprisonment. The firearm conviction of brandishing a firearm during the hostage taking of Elmer carries a mandatory seven-year sentence that must run consecutive to any other sentences imposed. The possession of an unregistered short-barrel shotgun carries a punishment of up to ten years imprisonment. All counts also carry hundreds of thousands of dollars in possible fines.
Patricia Garza, approximately 23 years of age, was charged and has been convicted of conspiracy to harbor illegal aliens. She pled guilty to the charge in March 2007 and testified during Spezzia’s trial this week. She is pending sentencing and faces a maximum of 10 years imprisonment for her involvement in the smuggling operation.
The investigation leading to the charges was conducted by special agents of the Immigration and Customs Enforcement, the Bureau of Alcohol, Tobacco and Firearms, and officers of the Houston Police Department. The case is being prosecuted by Assistant U.S. Attorneys Jimmy Kitchen and Gregg Costa.
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