Judge Orders the Release of Gulf Cartel Leader 'La Kena'

"Morogris" for Borderland Beat

After this announcement was made, another judge ordered to stop this release, which you can read here.

Jose Alberto Garcia Vilano, alias La Kena or Ciclon 19, was arrested this month and sent to the Federal Social Readaptation Center No. 1 (Altipano), Mexico's maximum-security prison.

A court in Tamaulipas has ordered the release of José Alberto García Vilano, also known as La Kena or Ciclón 19, the leader of the Matamoros faction of the Gulf Cartel, who was recently captured near Monterrey.

The judge Crescencio Contreras Martínez explained that La Kena was due to be released for lack of sufficient evidence presented by Mexico's Attorney General's Office (FGR) and procedural errors in their investigation presented before the court.

As of the latest information available, it remains unclear whether this release order has been executed and if La Kena has been set free.

In response to these events, the FGR has asked the Secretariat for Home Affairs to investigate and impeach Judge Contreras Martinez for his favorable rulings toward cartel members. Nevertheless, a judge association criticized this action, asserting that the judge acted in accordance with the law.

The Case and Its Unraveling

The case fell apart when authorities found a driver's license with the name Jose Alberto Garcia (La Kena's name) at one of the properties seized days after the arrest. The FGR used this ID card to press charges, but the ID was fake. They also asserted before the judge that the address on the card was La Kena's residence (though it was not).

The judge criticized the FGR, stating that they should have cross-checked this information and conducted a thorough investigation to confirm if the mentioned address was indeed La Kena's official residence.

During his initial hearing, La Kena was charged with illegal possession of firearms and organized crime involvement with the intent of drug trafficking. In other words, his organized crime activity was considered a means to an end (the "end" being drug trafficking). However, the judge ruled that the FGR failed to prove his connections to drug trafficking and organized crime altogether.

Despite the discovery of drugs in the seized residences, the judge deemed it insufficient to establish La Kena's direct involvement with the Gulf Cartel. The judge said that the drugs seized show signs of drug possession but do not indicate an intent to distribute, let alone any evidence suggesting cartel connections.

In March 2023, the FGR presented a case against La Kena before the judge, alleging his involvement with the Gulf Cartel and his responsibility for the kidnapping of 31 migrants. However, following La Kena's arrest, the FGR did not provide additional evidence for these charges.

Narco-banner

On January 25, Alerta Tamaulipas 2 shared a picture of a narco-banner erected by cartel members in Ciudad Victoria where they alluded to the possibility that La Kena could be released from prison.

The banner reads:

Attention Government of Mexico and Government of the United States of America

The people of Mexico hereby ask you to supervise the judge or judges who are handling the trial of Jose Alberto Garcia Vilano, alias La Kena, Ciclon 19. It is very likely that the crime of organized crime involvement will be removed and that La Kena may seek freedom.

We know that Mexico is infested with corruption and that is why feel vulnerable with the decisions of those who administer justice.

It is also known that the transfer of La Kena to the Matamoros state prison has already been ordered, and that his escape is being planned from there. Therefore, we ask tha La Kena continues to be imprisoned at Altiplano prison and that his extradition process be expedited so that this person stops causing harm to the people of Mexico.

Please give your attention and immediate involvement, Federal Judiciary Council.

Why are capos being freed?

The recent release order for La Kena follows a similar pattern observed with Axel Alfredo Cárdenas Rodríguez, a Gulf Cartel member and the son of cartel leader José Alfredo Cardenas Martinez, also known as El Contador.

This trend points to a recurring challenge faced by Mexican prosecutors in gathering evidence against suspects. The historical struggle predates the adoption of Mexico's New Criminal Justice System (Nuevo Sistema de Justicia Penal, NJSP) in 2016. Before the NJSP, the judicial system allowed authorities to detain suspects preventively (arraigo) for up to 80 days, providing time for the prosecution to gather evidence and build a case.

However, with the reduction of arraigos under the NJSP, prosecutors now need to have cases prepared before making an arrest. Any flaws in the case can result in the suspect's quick release from prison. The shift has required police investigators to adapt to a more meticulous approach, as lawyers scrutinize cases more carefully.

La Kena's release may also imply the involvement of a skilled legal team proficient in navigating federal court systems and obtaining favorable rulings from judges. This assumption is drawn from the release patterns observed among other members of the Gulf Cartel Matamoros faction who have been freed from prison in recent years.

Sources: Proceso; Lopez-Doriga Noticias; El Universal; Infobae; El Decidor; Milenio; Borderland Beat Archives; Borderland Beat Analysis