3 accused of plotting to give military weapons to Mexican cartel

At least three people who allegedly worked for a Mexican drug cartel face charges of plotting to buy a Stinger Missile, anti-tank rockets and other military firepower, according to federal court papers unsealed Friday in Phoenix.

"The object of the conspiracy was to obtain and possess military grade weaponry, and then to export that weaponry to the Republic of Mexico, and supply that weaponry to a Mexican drug trafficking organization," says an indictment in U.S. District Court.

The defendants – David Diaz-Sosa, Jorge De Jesus-Casteneda and Emilia Palomina-Robles – were indicted by a grand jury on multiple conspiracy counts involving drugs and weapons.

The indictment says Diaz-Sosa began communicating with a government informant and undercover agents in November 2009, claiming he represented a cartel middleman identified only as "Enrique."

According to other prosecution filings, Diaz-Sosa told an informer that he oversaw monthly narcotics shipments from Nogales, Sonora, to Virginia, and worked on behalf of the Sinaloa Cartel. He purportedly said bosses of the syndicate, Chapo Guzman, Mayo Zambada and Demacio Lopez, were going to divide up weapons that "do the most damage."

Over a series of meetings and phone calls, prosecutors allege, the defendants negotiated with Enrique and Diaz-Sosa to buy a military-style arsenal for nearly $400,000, with some of that sum to be paid in narcotics. Federal records indicate the suspects were shown weapons or facsimiles but never actually completed a transaction.

The indictment says undercover agents spoke with Enrique by phone and agreed to provide multiple weapons at specific prices, including:

• A Stinger surface-to-air missile and launcher with infrared homing device, designed to seek and destroy aircraft, for $200,000. Manufacturer Raytheon describes the weapon as "accurate and lethal" to helicopters and airplanes.

• A Dragon shoulder-fired anti-tank weapon for $100,000.

• Two AT4 recoilless weapons anti-tank guns for $20,000.

• Another light anti-tank weapon, known as a LAW rocket, for $20,000.

• One M60 machine gun and one .30 caliber weapon for $30,000.

• Dozens of grenades and two launchers for a total of $27,000.

On Nov. 25, 2009, prosecutors allege, Diaz-Sosa and Palomina-Robles delivered a down payment of 4.5 pounds of methamphetamines to an undercover agent in Las Vegas.

On Feb. 17 of last year, Diaz-Sosa and De Jesus Castaneda allegedly were shown a Stinger Missile and other weapons at a warehouse, after which they provided 10 additional pounds of crystal meth as further down payment.

After those two were arrested, agents called Enrique requesting $143,000 in currency as the final down payment. Prosecutors allege that Palomina-Robles and a man named Mario Orozco-Acosta delivered $139,000 in a van.

Orozco-Acosta, charged with other crimes in a separate indictment, pleaded guilty four months ago to being a felon in possession of more than 12,700 rounds of ammunition used in AK-47 rifles favored by narcotics cartels.

Robbie Sherwood, a spokesman for the U.S. Attorney's Office, said the suspects have remained in custody since their arrests. "These are very serious charges," Sherwood added. "We have no further comment."

Adrian Fontes, an attorney for Palomina-Robles, emphasized that defendants are presumed innocent under U.S. law. "It's unfortunate that the case was charged the way it was, and the government connected the conspiracy as it did," he said, without elaborating.

Machine guns and grenades have been used in recent years by cartel operatives in combat with one another and with Mexican law enforcement. It is unclear if investigators ascertained whether the proposed weapons actually were intended for trafficking organizations, or whether agents identified the suspect known as Enrique.

Sherwood said the investigation is ongoing.

Some court filings in the case appear to remain hidden. Available records indicate defendants have remained in custody through more than a year of secret arraignments, hearings and motions. A trial date is set April 19.

Federal indictments occasionally remain sealed by the court so investigators can track down fugitives or seek a defendant's cooperation, but the duration of secrecy in this case appears unusual.

Court papers identify Diaz-Sosa and De Jesus Casteneda as undocumented aliens, while Palomina-Robles is listed as a non-citizen resident.

Wagner reports for The Arizona Republic.