At a Glance
- Suspect in a $100 million jewelry heist was deported to South America.
- Prosecutors had planned a federal trial that could carry up to 15 years in prison.
- The case is unusual because the suspect was a lawful permanent resident who fled before trial.
Why it matters: Victims lose a chance for justice and closure.
A suspect in the largest U.S. jewelry robbery was sent to South America in late December, bypassing a federal trial that could have seen him serve up to 15 years in prison.
The Heist and Charges
The robbery, which took place in July 2022, saw a group of seven men stalk a Brinks armored truck to a rest stop north of Los Angeles and steal diamonds, emeralds, gold, rubies and designer watches.
The stolen goods were valued at more than $100 million, according to the indictment, while Brinks said the items were worth less than $10 million.
Jeson Nelon Presilla Flores, one of the seven defendants, faced charges of conspiracy to commit theft from interstate and foreign shipment and theft from interstate and foreign shipment.
If convicted, Flores could receive up to 15 years in federal prison.
Flores pleaded not guilty to all charges.
ICE Deportation and Legal Maneuvers
In late December, U.S. Immigration and Customs Enforcement (ICE) deported Flores after he requested voluntary departure.
At a Dec. 16 immigration hearing, Flores chose to be deported to Chile.
The judge denied his voluntary departure application but issued a final order of removal.
Flores was then sent to Ecuador.
ICE did not immediately respond to an email seeking comment.
Prosecutors vs. Defense
Flores’ attorney, John D. Robertson, filed a motion to dismiss the indictment, asking for the charges to be permanently dropped and the case closed.
Federal prosecutors opposed the motion.
They said they still hoped to bring Flores to trial and asked for charges to be dropped “without prejudice” so the door remained open for future prosecution.
Prosecutors argued that the criminal prosecution rights were violated because Flores, a lawful permanent resident, was taken into ICE custody in September without an immigration detainer.
They stated that this violation warrants dismissal of the case.
Robertson said the case should be dismissed because the defendant’s immigration status was mishandled.
What Happened to Flores Is Extremely Unusual
Former federal prosecutor Laurie Levenson said the case is “extremely unusual” for a case of this significance.
Levenson noted that ordinarily, if a criminal defendant has immigration proceedings, immigration officials inform prosecutors.
“It’s just beyond me how they would deport him without the prosecutors … being in on the conversation,” she said.
She added that the case showed a lack of coordination between the two agencies.
Victims and Industry Response
The jewelry companies that were robbed are demanding answers.
Jerry Kroll, an attorney for some of the jewelry companies, told the Los Angeles Times that when a defendant in a major federal theft case leaves the country before trial, victims are left without answers, a verdict, or closure.
Kroll said the victims are “left in limbo” and that the case’s outcome is unacceptable.
Brinks’ security company filed a lawsuit claiming one driver was asleep and the other was eating at the rest stop when the thieves broke in.
The company said the truck was unguarded at the time of the theft.
Timeline of Events
| Date | Event |
|---|---|
| July 2022 | Brinks armored truck robbery at a rest stop north of Los Angeles |
| 2023 | Flores and six others charged with theft and conspiracy |
| September 2023 | Flores taken into ICE custody without an immigration detainer |
| Dec. 16 2023 | Flores opts for deportation to Chile at an immigration hearing |
| Late December 2023 | ICE deported Flores to Ecuador |
What This Means for the Justice System
The case illustrates a rare intersection of federal criminal law and immigration enforcement.
It raises questions about how ICE and prosecutors coordinate when a defendant has pending criminal charges.
The decision to deport a suspect before trial means the federal government may lose the opportunity to prosecute a high-value theft.
Legal experts say that the case could set a precedent for future cases involving immigration status and criminal charges.
Prosecutors and the Department of Justice will likely review policies to prevent similar occurrences.
The outcome also leaves the victims without a trial and without a chance to see a conviction.
Key Takeaways
- Flores was deported to South America before a federal trial could begin.
- Prosecutors want the case to remain open for future prosecution.
- The incident highlights gaps between immigration enforcement and criminal prosecution.
- Victims are left without closure.
- The case may prompt policy changes in how ICE and prosecutors handle concurrent cases.
Final Thoughts
The deportation of a suspect in a $100 million robbery underscores the complexities of the U.S. justice system.
It demonstrates that immigration decisions can have far-reaching impacts on criminal justice outcomes.
The case will be closely watched by legal scholars and law enforcement agencies.
—
Sources: Olivia Bennett Harris reported; News Of Philadelphia covered the story.
