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Three men have been indicted on multiple charges following a shooting that sent one person to the hospital days after a drug deal occurred, federal court documents show.
Illinois resident Barbarito Gonzalez was indicted on counts of conspiracy to distribute a controlled substance, kidnapping, motor vehicle theft and unlawful possession of a firearm.
Gerardo Javier Ochoa was indicted on two counts of conspiracy to distribute a controlled substance and possession of a controlled substance.
Jason Clemente Garces was also indicted on one count of conspiracy to distribute a controlled substance and attempting to affect commerce and the movement of articles and commodities in commerce by robbery or extortion.
The indictment states the conspiracy involved a controlled substance that was 500 grams or more of a mixture or substance containing a detectable amount of cocaine.
Gonzalez, who’s accused of shooting an unidentified person on April 16 after that individual bought cocaine from an alleged drug dealer in McAllen four days prior, was arrested last Saturday at the Falfurrias checkpoint.
According to a criminal complaint, the shooting occurred after the April 12 drug deal which allegedly involved Ochoa.
“On or about said date, FBI also obtained video and audio footage documenting that the individual had purchased said cocaine from Gerardo Ochoa in McAllen, Texas on said date,” that complaint said.
Four days later, Gonzalez’s complaint states that “Individual 1” met with Ochoa at an illegal gambling establishment in Hidalgo County where “Individual 1” was shot at around 2 a.m. on April 17.
The FBI obtained video surveillance showing that the shooting depicts a red Chevrolet Silverado using red and blue lights associated with law enforcement to conduct a “pseudo traffic stop” on a BMW X5, which was driven by “Individual 1.”
“After Individual 1 stopped his vehicle, two individuals emerged from the Silverado and approached Individual 1 and his vehicle,” the complaint said. “As Individual 1 attempted to leave the scene, the two individuals discharged their respective firearms multiple times.”
According to the complaint, “Individual 1” was shot and later taken to a local hospital for medical attention.
In addition, the FBI obtained more surveillance video that showed multiple individuals meeting with Ochoa prior to “Individual 1” arriving at the illegal gambling establishment.
The complaint stated that FBI Agents believe that at least one of the individuals meeting with Ochoa was Gonzalez and another person the FBI identified as “Individual 2.”
The FBI also obtained phone calls between various people referenced in the complaint that were made prior to the shooting.
According to the complaint, “Individual 2” accused “Individual 1” of stealing two kilograms of cocaine and stated that “Individual 1” would have to travel to Mexico to discuss the cocaine theft.
Telephone records obtained by the FBI show that Ochoa and “Individual 2” had significant communication with each other and were in communication with Gonzalez for about 30 minutes prior to the shooting, the complaint states.
Ochoa later told the FBI that “Individual 2” approached him to ask whether “Individual 1” drove a BMW and whether he’d be coming to the gambling establishment.
Ochoa stated that “Individual 2” was in the company of others which included Gonzalez.
On April 28, Gonzalez attempted to leave the Rio Grande Valley through the Falfurrias checkpoint where he denied being involved in the shooting.
His passenger, “Individual 2,” told FBI Agents that they were cousins.
Garces pleaded not guilty to the indictment on Wednesday while Gonzalez pleaded not guilty on Friday.
Ochoa is scheduled for his arraignment late next week.