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Federal immigration authorities approved the self-deportation of a suspect in a $100 million jewelry heist, allowing him to avoid trial and escape potential prison time.
Jeson Nelon Presilla Flores, 42, was one of seven people charged last year with following an armored truck to a rural freeway rest stop in California and stealing diamonds, emeralds, gold, rubies and designer watches in July 2022, which is believed to be the largest jewelry heist in U.S. history.
Flores was facing up to 15 years in federal prison if convicted on charges of conspiracy to commit theft from interstate and foreign shipments and theft from interstate and foreign shipments. He pleaded not guilty.
U.S. Immigration and Customs Enforcement deported Flores late last month after he asked for a voluntary departure, prosecutors said in court filings.
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The jewelers that the suspects stole from are also seeking answers from immigration authorities.
“When a defendant in a major federal theft case leaves the country before trial, victims are left without answers, without a verdict, and without closure,” Jerry Kroll, an attorney for some of the jewelry companies, told the Los Angeles Times.
Flores’ attorney, John D. Robertson, motioned to dismiss the indictment against his client, asking for the charges to be permanently dismissed and for the case to be closed.
Federal prosecutors said they still want to bring Flores to trial, asking for the charges to be dropped “without prejudice” to allow for a future criminal prosecution.
While Flores was a lawful permanent resident and released on bail, he was transferred to ICE custody in September, according to court filings. Federal prosecutors said they were unaware he had an immigration detainer.
Robertson argued that this violates his client’s criminal prosecution rights and justifies his motion to dismiss his case.
Flores requested deportation to Chile during an immigration hearing on Dec. 16, according to court documents. The judge denied his voluntary departure application but issued a final order of removal.
He was then deported to Ecuador.
“Prosecutors are supposed to allow the civil immigration process to play out independently while criminal charges are pending,” federal prosecutors wrote in their motion opposing efforts to dismiss the case. “That is exactly what they did in this case — unwittingly to defendant’s benefit in that he will now avoid trial, and any potential conviction and sentence, unless and until he returns to the United States.”
Immigration officials would typically inform prosecutors what was happening if a criminal defendant had immigration proceedings against them. In minor cases, a defendant can sometimes choose to self-deport instead of facing prosecution.
Former federal prosecutor Laurie Levenson said what happened in Flores’ case is highly unusual, particularly because of the significance in this case.
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“It’s just beyond me how they would deport him without the prosecutors … being in on the conversation,” Levenson told The Associated Press. “This really was the left hand not knowing what the right hand was doing.”
The jewelry heist was carried out in July 2022 after the suspects stalked a Brink’s tractor-trailer leaving an international jewelry show near San Francisco with dozens of bags of jewels, according to the indictment. The victims reported more than $100 million in losses, but Brink’s said the stolen items were worth under $10 million.
According to a lawsuit filed by the security company, one of the drivers was asleep inside the vehicle and the other was grabbing food inside the rest stop when the thieves broke in.
The Associated Press contributed to this report.