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Defense attorneys on Tuesday explained to jurors in federal court why seven alleged members of the Tongan Crip Gang (TCG) should be acquitted of racketeering charges.
During closing arguments before U.S. District Court Judge Tena Campbell, attorneys highlighted their individual clients to the jury, explaining how some of the defendants have been wrongfully labeled as members of TCG.
Other defense attorneys spoke of how their clients have been unfairly thrown into a racketeering case aimed at dismantling the gang, without sufficient evidence to show the defendants were involved in crimes dating back to 2002 that prosecutors have argued makes them part of a conspiracy to build a criminal empire.
Campbell denied a motion for a mistrial filed by the defense, after jurors expressed concern that gang members may find their identities and retaliate against them for potential guilty verdicts. Campbell assured jurors their names will be protected.
The case will to go to jurors Wednesday.
Seventeen TCG members and associates were charged in a 29-count indictment filed in federal court in May 2010, alleging the gang engages in acts of violence to enhance its prestige and to protect and expand operations.
Nine of the 17 received Racketeer Influenced and Corrupt Organizations Act (RICO) charges, a move designed to take a major step toward dismantling the gang, prosecutors said when announcing the indictments last year.
Eight of the 17 were tried during the past four weeks: Eric Kamahele, aka "Smooth," 22, Cottonwood Heights; Mataika Tuai, aka "Fish," 32, Salt Lake City; David Kamoto, aka "D-Down," 22, Salt Lake City; Daniel Maumau, aka "D-Loc," 24, Salt Lake City; Kepa Maumau, aka "Kap-Loc," 22; Charles Moa, aka "Slim-Loc," 31, West Jordan; Sitamipa Toki, aka "Tok-Loc," 28, Salt Lake City; and David Walsh, aka "D-Nutt," 31, Inglewood, Calif.
Moa's case was dismissed before closing arguments by Campbell after his attorney filed a motion for acquittal. Campbell granted the request, finding there was not enough evidence to send Moa's case on to the jury.
Assistant U.S. Attorney Veda Travis on Monday told jurors that the defendants on trial evolved from criminals who committed beer runs to gangsters that brought a dangerous level of violence to armed robberies and assaults.
"They wanted to be the baddest, meanest, toughest guys in town," Travis said, explaining why TCG is a criminal enterprise, which therefore allows them to be charged as a RICO case in the federal system. She said TCG members sought to commit crime in order to enhance their standing in the gang and expand the gang's operations.
Defense attorneys have claimed TCG didn't commit violence as a way to build prestige but were simply a group of friends who happened to commit crimes together.
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