Judge: Informant can’t take back plea deal

A violent felon who was released from jail at the request of members of an FBI-led task force, then allegedly fatally shot a father of four, was denied attempts to renege on a deal with authorities so he could avoid a life prison term in a separate case.

District Judge David Barker on Monday set a Sept. 5 hearing, where prosecutors must present evidence that Raul “Sparks” Gonzalez shot and killed Eric Montoya. Barker could then sentence Gonzalez as a habitual criminal for the unrelated robbery case, which carries a life prison term without the possibility of parole.

Gonzalez, an influential member of the 28th Street Gang, on Monday denied he killed Montoya and said he never worked as an informant for police. He said he was pleased he would have a chance to prove his innocence at the September hearing. Gonzalez added that Montoya was not a gang member, something the victim’s family has also denied.

Meanwhile, Barker would not release the names of five Las Vegas police officers, at least two of whom were part of an FBI-led task force and asked for Gonzalez’ release. Barker said releasing the names could jeopardize the safety of the officers, some of whom work in an undercover capacity.

“Enough people have already died in the case,” he said.

Barker suggested prosecutors should also call to the stand members of the task force who wanted Gonzalez released, which was met with strenuous objections by prosecutor Danielle Pieper and Metro lawyer Charlotte Bible. It remained unclear whether any officer involved in talking with Gonzalez would be made to testify in September. Pieper suggested a homicide detective could be called.

On Friday, Metro Deputy Chief Al Salinas said two of the officers, a sergeant and a detective, involved in the request to release Gonzalez from jail have been disciplined and were removed from the FBI task force. Metro has also developed more “stringent controls” with officers assigned to task forces as a result of this case.

Salinas said the reason the officer went to work with Gonzalez was because Gonzalez “said he had information” about other gang members. Police have said Gonzalez was never given a specific task by law enforcement when he was released.

Lawyer Casey Landis, who is representing Montoya’s family, sought the release of the officers’ names because “the public has a right to know.” Barker questioned whether Landis wanted the names so he could sue the officers.

A Review-Journal investigation in February revealed that Gonzalez was a career violent criminal facing life in prison in a robbery case when he agreed in December to inform on fellow 28th Street Gang members to the FBI-led Las Vegas Safe Streets Gang Task Force.

At Barker’s request, five Las Vegas police officers in a Dec. 20, 2013 letter written by the Clark County District Attorney’s office stated: “At the request of the detectives at Las Vegas Metropolitan Police Department … the above Defendant will be entering a plea in the above case today. The detectives have also requested that the Defendant be released after entry of plea in this case.”

After the letter was filed under seal with Barker, Gonzalez pleaded guilty in the robbery case, his $250,000 bail was dismissed and he was freed on his own recognizance.

The letter was unsealed in June, but Barker ordered the names redacted.

Gonzalez was indicted earlier this year on seven felony counts, including one count each of murder with use of a deadly weapon, discharging a firearm into an occupied structure and possession of a firearm by an ex-felon, and four counts of child abuse or neglect.

Homicide detectives say the defendant confessed to firing multiple rounds with a .357-caliber revolver through Eric Paul Montoya’s front door, fatally wounding him Jan. 14.

According to an arrest report, Gonzalez confessed he shot Montoya because he believed his friend knew he was an informant and was planning to attack him.

Contact Francis McCabe at fmccabe@reviewjournal.com or 702-224-5512. Find him on Twitter: @fjmccabe