Of Men Indicted for Robbing Trains of Beer One Asks Review of Plea as Faces Deportation

Of Men Indicted for Robbing Trains of Beer One Asks Review of Plea as Faces Deportation by Matthew Russell Lee, Patreon Book Substack SDNY COURTHOUSE, Aug 12– Eight men were indicted for robbing Modelo and Corona beer from trains and warehouses in the New York area.   On April 3, six of them were presented in the U.S. District Court for the Southern District of New York Magistrates court, covered by Inner City Press - and one remained detained, reportedly on an ICE warrant / detainer.   The indictment describes U-haul box trucks driven from the Bronx into the suburbs, and robbery of beer in Suffern, for example.    It estimates the value of the stolen beer in the hundreds of thousands of dollars. On April 11 another co-defendant was brought into the Magistrates Court, where Inner City Press was the only media: Kemar Bonitto. Magistrate Judge Sarah Netburn had a sidebar then agreed to the bond package, adding instead of seek employment mental health evaluation and treatment if necessary, to which the defendant agreed. In the back of the courtroom was a man with a badge, Rail Road Police, CTX Transportation. Jump cut to June 13 - Inner City Press was in the Mag court when lead defendant Jose Cesari was brought in by Marshals. He had apparently been in Puerto Rico when he was made aware of the warrant, and turned himself in. Two months later here he was. Magistrate Judge Moses ordered his released on $40,000 bond when he produces co-signers. The AUSA asked for time to appeal; Judge Moses said the delay in co-signers made a stay unnecessary. But on June 15, the US Attorney's Office requested and obtained a stay from District Judge Ramos. Then they filed a letter motion requesting that Cesari be detained pending trial. Cesari's CJA lawyer on June 18 filed opposition. And on June 18 it was not the District Judge assigned to the case, Edgardo Ramos, but rather the Part I judge who heard the appeal - and ordered Cesari released on $100,000 bond with two co-signers - release only when conditions are met. But on July 2 when Inner City Press went to his first appearance before Judge Ramos, Cesari was still in custody, on Ricker Island, based on an Essex County NJ extradition request. Thread: OK -now in case of the "ringleader" of beer stealing crew, transported in from Puerto Rico, previously ordered released on $40,000 unsecured bond. Counsel said he would work at a bodega in The Bronx. Defendant was brought in from hallway in handcuffs. Also here, CSX railroad officers we've previously seen in the Magistrates Court, and defendant's grandmother and sister.  AUSA: He was ordered free on appeal to Part 1 judge- but Essex County wants him extradited Defense lawyer: Marshals had to turn him over to NYPD, to be held on Rikers Island awaiting transport to NJ. Essex County prosecutors won't speak to defense counsel- Judge: As a matter of policy? Defense: It's Essex County. On November 26, Judge Ramos scheduled one of the defendant's guilty plea for December 20: "SCHEDULING ORDER as to Deylin Martinez-Guerrero. A change of plea hearing as to defendant Deylin Martinez-Guerrero will be held on December 20, 2024. And the guilty plea proceeding did take place, with YAOP District Judge Ronnie Abrams also involved and sentencing set for April 10, 2025. On January 15, 2025 another plea, before Judge Ramos (so not YAOP) - "Change of Plea Hearing as to Luis Izquierdo held on 1/15/2025.  Defendant withdrew previously entered not guilty plea and enters guilty plea to counts 1 of the Indictment. PSI Ordered. Counsel may be present at interview. Sentencing scheduled for April 17, 2025, at 11:00 a.m. Bail continued." On March 20 Judge Ramos set a trial date for those remaining: "Motions are due July 14, 2025; response is due August 14, 2025; and reply due August 21, 2025. A jury trial is scheduled for Monday, December 8, 2025." On March 27 another guilty plea: "before Judge Edgardo Ramos: Change of Plea Hearing as to Miguel Cintron held on 3/27/2025, enters guilty plea to count one of the Indictment. Sentencing scheduled for July 24, 2025 at 12:00 pm. Bail continue For a sentencing set for April 10 co-defendant Martinez-Guerrero asked for 364 days, recounting the gruesome death of his father in Honduras. On April 3, the US wrote in asking he be sentenced to 21 months. Docketed on April 17, "Deylin Martinez-Guerrero (6) Count 1.The Court sentenced Defendant to 21 months on Count 1 of the Indictment." For co-defendant Izquierdo / Zapata, the US wants 15 months on May 2; he wants time served. Jump cut to July 10, another guilty plea: "Minute Entry for proceedings held before Judge Edgardo Ramos: Change of Plea Hearing as to Wakiem Johnson held on 7/10/2025. Defendant withdrew previously entered plea of not guilty and entered a plea of guilty to Count 1 of the Indictment. PSI ordered. Counsel may be present at interview. Sentencing scheduled for October 17, 2025 at 11:00 am." On July 17 the US Attorney's Office wrote in asking for a "non-incarceratory sentence," three years probation, on co-defendant Cintron on July 24. On July 24 Cintron got two years probation: "Sentencing held on 7/24/2025 for Miguel Cintron (2) Count 1. Defendant was sentenced to 2 years of Probation on Count 1 of the Indictment." On August 4, "Minute Entry for proceedings held before Judge Edgardo Ramos: Sentencing held on 8/4/2025 for Antonio Gonzalez (7) Count 1. Defendant was sentenced to time served on count 1 of the Indictment. The Defendant shall be on supervised release for a term of 3 years with a special condition of six months of home detention." On August 7, re-entered on August 29 at 4 pm, Josue Gonzalez pled guilty to Count 1, with sentencing set for November 12. On September 26 the US Attorney's Office wrote in on Bonitto, who has been in for six months, asking for two more months. Docketed on October 2, "Kemar Bonitto, Defendant was sentenced to Time Served on count 1 of the Indictment." On October 29 counsel to Gonzalez ask for time served and one year probation on November 14. On November 5 the US Attorney's Office wrote in asking for 12 months imprisonment on Gonzalez. Docketed on November 24, he got time served: "as to Josue Gonzalez (9). THE DEFENDANT: pleaded guilty to count 1. Counts open counts are dismissed on the motion of the United States. IMPRISONMENT: Time Served." On December 4 counsel to lead defendant Cesari asked for 48 months, not the 63 months recommended by Probation. On December 5, co-defendant Johnson citing a syndrome called CHAOS asked for time served. On December 18 in a well-attended sentencing, Cesari was sentenced to 63 months in prison. Jump cut to August 12, 2026 when on co-defendant Martinez-Guerrero, white shoe CJA from Covington asked Judge Ramos to expedite decision on the 2255 motion, as the defendant has already finished his 21 month sentence and been picked up by ICE. The case is USA v. Cesari, et al., 1:24-cr-154 (Ramos) *** Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron. Feedback: Editorial [at] innercitypress.com Mail: Box 130222, Chinatown Station, NY NY 10013 Other, earlier Inner City Press are listed here, and some are available in the ProQuest service, and now on Lexis-Nexis.  Copyright 2006-2025 Inner City Press, Inc. To request reprint or other permission, e-contact Editorial [at] innercitypress.com