Lame duck Biden's DOJ gives brutal gang leader sweetheart plea deal in murder spree that killed 7
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A notorious MS-13 gang leader who has admitted to planning, approving or taking part in at least seven murders in a federal racketeering case has avoided the death penalty and life in prison under the terms of a plea deal, authorities said this week.

Jairo Saenz, 28, is expected to receive a sentence of 40 to 60 years in federal prison after admitting to seven murders, multiple attempted murders, arson and other charges. Saenz’s brother Alexi, another gang leader, previously pleaded guilty to similar charges in exchange for an expected sentence of 70 years behind bars.

The Saenz brothers were the leaders of a Suffolk County, New York, branch of MS-13 known as the Sailors, according to federal authorities. Their group was known for extreme brutality and violence, including the murder of two Brentwood High School girls with a machete and a baseball bat.

Saenz leaving court in handcufs

MS-13 gang member Alexi Saenz is escorted by FBI agents in Central Islip, New York, after being taken into custody.  (James Carbone/Newsday via AP, File)

During the meeting, he described MS-13 as “a ruthless gang that has violated our borders and transformed once peaceful neighborhoods into bloodstained killing fields.” 

The federal crackdown at the time led to thousands of deportations of its members. Saenz and his group were held to face justice, and former Attorney General Bill Barr’s office would later announce it was seeking the death penalty.

Cuevas’ mother, Evelyn Rodriguez, became a fierce anti-gang activist but died before she ever saw justice. She was run over near her daughter’s memorial in 2018. The driver was convicted of criminally negligent homicide.

Evelyn Rodriguez seated next to then-President Trump at an anti-gang roundtable in New York

President Trump speaks alongside Evelyn Rodriguez, whose daughter was killed by MS-13 gang members, during a discussion on immigration at Morrelly Homeland Security Center in Bethpage, New York, May 23, 2018. (Saul Loeb/AFP via Getty Images)

In 2023, then-U.S. Attorney for the Eastern District of New York Breon Peace told the judge that Biden’s Attorney General Merrick Garland had directed him to stop pursuing the death penalty. Peace stepped down Friday and has been succeeded by acting U.S. Attorney Carolyn Pokorny, who is expected to hold the post until Trump-nominated Joseph Nocella Jr. is confirmed.

Trump has vowed to not only end Biden’s moratorium on capital punishment, but also to expand the list of crimes that can be punishable with execution to include child rape, human trafficking and the murder of U.S. citizens by illegal immigrants. Thirteen federal inmates were executed during Trump’s first term, the most under any president in decades, but Biden halted executions after taking office in 2021.

Experts tell Fox News Digital the deal is light, but it could have taken shape for a number of reasons, such as if Saenz agreed to cooperate against his co-conspirators. Avoiding trial also uses fewer government resources and spares the victims’ families from having to re-live the horror in court – or seeing the murderers continue to smirk and joke around.

DOJ Garland

Attorney General Merrick Garland speaks during a news conference at the Department of Justice, Sept. 24, 2024, in Washington. (AP Photo/Mark Schiefelbein)

Still, prosecutors could have sought a stiffer punishment without seeking execution.

“This is a very light sentence, considering the circumstances in the fact of this case,” said David Gelman, a New Jersey-based defense attorney and former prosecutor.

“The only plea deal that I would’ve offered is life in prison without the possibility of parole. Here these gang members are going to get an opportunity to not only get out while they are still living, but they probably will get out earlier than their expected sentence.”

Civello also noted the new threat of the Venezuelan prison gang, Tren de Aragua, but he said he is hopeful that new leadership will boost public safety across the country after Trump is inaugurated Monday.

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