DOJ moves to drop charges against man arrested in Virginia, accused of being top MS-13 gang leader

ALEXANDRIA, Va. - The Department of Justice on Wednesday moved to drop the charges against a man arrested in Virginia who they alleged was a top MS-13 gang leader. 

The backstory:

Henrry Josue Villatoro Santos, 24, was arrested in northern Virginia on Thursday, March 27. 

A joint task force made up of FBI agents, Prince William County Police, ATF, ICE, and the Virginia State Police made the arrest. They said Santos was ‘hiding’ in the garage bedroom of his mother's Dale City home and that agents deployed a stun grenade to force him out.

Santos was taken into custody on an outstanding administrative immigration warrant and was later charged with illegal gun possession after several firearms were discovered during a search of the premises.

Information released by federal authorities stated that Santos had been in the United States for more than a decade, crossing the border illegally at age 14 to go live with his mom in Manassas. Court records said he had been under surveillance for allegedly directing gang activity. 

Motion to dismiss:

Santos was granted a dismissal without prejudice. That means the prosecution could potentially refile the same charges later — essentially suspending the case but not closing it.

What they're saying:

At the time of the arrest, the Trump administration touted the operation as a significant step toward fulfilling its campaign promises to curb illegal immigration and dismantle gangs.

"Despite the tremendous success of this task force, I want the public to know that this is just the beginning of our efforts. We have a sense of urgency about this, and we do not plan on stopping until everyone of these violent gang members is off the streets," Erik Siebert, interim U.S. Attorney for the Eastern District of Virginia said at the time. "To the criminals I just have to say, we’re coming."

FOX 5 asked his office for comment on Wednesday but they "respectfully" declined. 

Dig deeper:

Earlier this year, the Trump administration designated MS-13 — also known as Mara Salvatrucha — as a foreign terrorist organization, joining seven other Latin American criminal groups in that classification.

Mara Salvatrucha 13, or MS-13, is a transnational gang that originated in Los Angeles, and has since gained a grip on much of Central America. The American government blames violence generated by the group as a driver of migration to the U.S.

MS-13 was formed by Salvadoran immigrants that came to the United States in order to escape the civil war in their home country, according to the Justice Department. Some of its members were trained in guerilla warfare and the use of military weapons.

The gang is "well-organized and is heavily involved in lucrative illegal enterprises, being notorious for its use of violence to achieve its objectives," the Justice Department says.

Investigators say MS-13 is involved in trafficking stolen vehicles from the U.S. to Central America, and they’re also known for human smuggling, weapons smuggling and illegal gun sales.