Mencho's Godson Granted Amparo by Federal Judge

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In a battle of court orders by judges, Mencho's godson Adrián Alonso Guerrero Covarrubias, alias "El Ocho" was ordered to be released by a federal judge. Then the Federal Attorney General's Office (FGR) got a different federal judge to order El Ocho be detained for 40 days while they work on a new federal investigation. This allowed them to arrest him as he was leaving prison. Then Ocho's legal team got a third federal judge to grant him a writ of amparo which bars him from being detained.

El Ocho's Legal Battle

Based on an appeal filed by El Ocho’s legal team, a Tamaulipas based Federal Judge granted an injunction which ordered El Ocho be released from Federal Prison #14 in Gómez Palacio, Durango. 

When prosecutors heard about the injunction that would release him, the FGR requested as an urgent matter to be heard by a specialized judge. At the court hearing, the FGR demonstrated that, in addition to the charges El Ocho already faced, they had opened a new investigation on El Ocho based on information they have gathered about his probable participation in federal crimes. Based on the FGR’s evidence at the hearing, the specialized judge granted an arraigo order against El Ocho.

El Ocho being transferred.

An arraigo order is a mechanism in Mexican law that allows for those suspected of organized crime to be held for up to 40 days without charges having been formally brought against them. This time is to allow prosecutors to investigate and prepare their evidence against the accused in more complicated charges related to organized crime. 

June 10 2021 

At around 3:00 pm, Ocho was granted his freedom from federal prison #14. However he was only a free man for a few minutes because as he was leaving the facilities FGR agents rearrested him based on the arraigo order they had been granted. Ocho was then transferred to the facilities of the Specialized Prosecutor's Office for Organized Crime (FEMDO) in Mexico City. 

June 12 2021

FGR agents transferred Ocho from FEMDO facilities to the National Arraigo Center in Mexico City, where he joined drug lord Héctor "El Güero" Palma, who is also being held there.

El Ocho being transferred.

June 14 2021

In response to the arraigo order, El Ocho’s legal team filed a petition for a writ of amparo. An amparo is a powerful provision with unique precedents within Mexican law meant to protect a person’s rights and the Mexican constitution itself from violations by the state. In a practical sense, an amparo provides for a constitutional review by a Federal Court at any stage of a case to determine whether a citizen’s rights are being violated by the state.

Judge María Dolores Núñez Solorio granted El Ocho a suspension, which means Ocho must be brought before a corresponding judicial body within 48 hours (or 96 hours in the case of organized crime charges) or he will be released.

The amapro judge asserted that unless Ocho was detained in an urgent case or in flagrante delicto, then prosecutor's cannot restrict his liberty and if they have restricted his liberty than he must be immediately released from custody.

El Ocho in detention.

El Ocho's legal team asserted that he is being held incommunicado by the prosecution. They also argued that he is being mistreated, saying he has suffered physical beatings and psychological torture.

Judge Núñez Solorio ordered a court clerk to visit El Ocho in order to verify their claims. The court clerk reported that El Ocho was not being held incommunicado and had not suffered physical mistreatment.

The judge asked prosecutors to render a report within a term of 15 days regarding Ocho's detention.

Who is El Ocho?

Adrián Alonso Guerrero Covarrubias, alias "El Ocho" was the leader of a Cartel Jalisco New Generation (CJNG) cell called Los Guerreros.

The Guerrero family has been operating in the state of Michoacán for more than 30 years. In the early days the Guerrero family was known for cattle rustling. Their criminal endeavors expanded and they are now believed to be involved in extortion, kidnapping, murder, gasoline pipeline theft and drug trafficking. Previously they had to fight off attempted incursions by the Sinaloa Cartel into their territory.

Their leader was Javier Guerrero Martinez, who was a close personal friend of CJNG leader El Mencho. Through their friendship and collaboration, the Guerreros influence is believed to expanded to Ocotlán, Zapotlanejo, La Barca, Poncitlán, Atotonilco, Arandas, San Ignacio, La Capilla, Tepatitlán and Yahualica, in Jalisco state, as well as the municipalities of Tanhuato and Yurécuaro, in Michoacán state by 2015.

The two leaders worked closely together to prevent the Caballeros Templarios cartel from expanding on the borders of Jalisco and Michoacán, especially in the municipalities of Ecuandureo and Tanhuato.  

Tanhuato is actually where Javier Guerrero Martinez met his end, while fighting with Caballeros Templarios. In December 2011, Javier Guerrero died on a dirt road between the town of Tinaja de Vargas (Tanhuato) and the Autopista de Occidente.

Javier Guerrero Covarrubias, alias "El Javi" who is El Ocho's brother.

After his death, Javier Guerrero Martinez's three sons and his brother Heraclio Guerrero Martínez took over leadership of Los Guerreros. Javier's sons are Leonardo Guerrero Covarrubias, Javier Guerrero Covarrubias alias "El Javi" and Adrian Alonso Guerrero Covarrubias "El Ocho". All three sons are godsons of El Mencho.

In May-August 2015, Leonardo, Javier and their uncle Heraclio were all arrested after a series of highly violent incidents. They are suspected of planning such as the March 2015 ambush that killed 5 federal policemen and 2 civilians in Ocotlán and the Villa Purificación battle that killed 9 security forces personnel.

After the arrest of his two brothers and his uncles, leadership of Los Guerreros fell to Adrian Alonso Guerrero Covarrubias. In April 2019 Adrian was captured and charged with organized crime and kidnapping. He was sent to Federal Prison #14 where he has been ever since until these recent events, occurring June 10 2021. Where Los Guerreros still holds influence and who they are currently being led by is unconfirmed by official sources at this time.

Sources: Milenio, La Jornada, Article 2, Article 3, El Universal, El Financiero, MVS Noticias, La Silla Rota

Los Guerreros Sources: Infobae, La Silla Rota, El Universal, AristeguiNoticias