San Diego prosecutors admit error in release of alleged MS-13 member

Federal prosecutors in San Diego have admitted to a significant legal error that led to the release of David Antonio Aviles Perez, an alleged MS-13 member nicknamed ‘The Witch’. Assistant U.S. Attorney Michael Wallace filed a sworn declaration apologizing for failing to disclose Aviles Perez’s criminal history to U.S. District Judge Jinsook Ohta.

Aviles Perez, who was detained by ICE in March on an international warrant, was released on August 26. The undisclosed information included a prior California arrest involving an alleged machete attack on a homeless man and connections to a gang-related execution. Judge Ohta stated she would not have ordered the release had the full criminal background been presented and has requested a written argument from prosecutors explaining why they should not face sanctions.

Federal authorities have been authorized to re-arrest Aviles Perez, but he remains at large in California. While U.S. Attorney Adam Gordon characterized the omission as an isolated mistake, law enforcement sources have criticized both the prosecutorial oversight and the judge’s decision to release the suspect.