Judge Denies Release For Murder Defendant Said to Be MS-13 Gang Member

By Adriana Marroquin - September 16, 2024
Court | Daily Stories | Homicides | Suspects | Victims |

DC Superior Court Judge Marisa Demeo denied a homicide defendant’s request for release on Sept. 13. Prosecutors claim the suspect is part of “Mara Salvatrucha” (MS-13), an international criminal gang.

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

According to the prosecutor, the killing stemmed from a violent history between Argueta and Guerra-Sanchez. She stated the two caused “disturbances” at a school in Frederick, Maryland in 2018, where Argueta and Guerra-Sanchez’s rival groups fought one another. 

Argueta’s court docket shows that he was indicted in connection to the case in June of 2021, and a warrant for his arrest was issued, but was not executed until July 10, 2024. 

Julie Swaney, Argueta’s attorney, filed a motion for release, citing substantial community support, and argued that Argueta “adamantly denies these allegations.” She stated he is a regular member of a church in Maryland, and pointed out the multiple individuals who showed up to court from the community to support him.

According to Swaney, a detainer from the Immigration and Customs Enforcement (ICE) Agency, which calls for Argueta’s removal from the United States due to his unlawful reentry after a deportation in 2021 “should not affect the finding that he will appear in court.” Swaney argued Argueta is not a flight risk.

The prosecution disagreed stating that not only does the ICE detainer mean he may Argueta deported if he’s released, but his criminal history and the nature and circumstances of the offense prove he’s a danger to the community. 

According to the prosecution, Argueta was convicted of second-degree sexual assault in Maryland in 2019 of a 15-year-old who ended up having his child.

Swaney quickly objected, stating the girl was in a relationship with the then 19-year-old Argueta, and it is unclear if the case was due to Maryland’s statutory rape law, or if the complaint came from the girl’s parents. 

The prosecutor added that although he wasn’t convicted for multiple school disturbances in 2018, Argueta was involved in assaultive behavior against Guerra-Sanchez in school, and it was a catalyst for Guerra-Sanchez’s murder. 

As for his deportation and new ICE detainer, the prosecutor argued his reentry after deportation “shows lack of compliance with laws,” and he “came back into the country knowing he shouldn’t.”

The prosecutor argued his alleged involvement in the MS-13 gang, in which he’s considered a “homeboy” is troubling. According to the prosecutor, in order for a gang member to reach that ranking of a “homeboy” he must have killed people. 

The prosecutor further argued that Guerra-Sanchez’s body was unidentifiable due to the chop wounds sustained to his face and extremities, and his head being almost decapitated. She stated they were only able to identify him by using DNA samples from his parents. 

Judge Demeo stated that Guerra-Sanchez endured an “extremely troubling, vicious, cruel, and inhumane,” murder, and that although Argueta was employed and has family support, the bad in the case outweighs the good. 

“This is not the first time Argueta is in the system,” Judge Demeo stated, adding that this is the most serious time. She argued that any “crime against a victim” proves dangerousness, and his “failure to abide by laws,” including immigration laws prove he poses a threat to the community. 

“One can give their vocation to God and still do things that are against the law,” Judge Demeo stated, referring to his participation in the church as a sign of good intent. 

“It would be a serious danger to the community to release him,” Judge Demeo claimed, ordering he continue to be detained as he awaits further proceedings. 

A trial date was tentatively set for June of 2026, but the prosecution alerted Judge Demeo they are working on indicting other people in connection to the murder. 

Parties are slated to reconvene Nov. 8.