Norteño gang members who gunned down a young couple waiting at a city bus stop – killing one and grievously wounding the other – will be sentenced tomorrow in San Francisco federal court.
Prosecutors are pressing for a 26 year sentence for gunman Alvaro Cordero and 24 years for his driver and accomplice Oscar Diaz. Each pleaded guilty to a racketeering conspiracy charge.
They will appear alongside fellow gang member Fernando Madrigal, who murdered two people and was responsible for significant amounts of violent criminal activity.
On the evening of January 23 2018 Cordero saw two people with whom he had gone to high school standing at a bus stop near St Mary’s Park. Believing them to be gang rivals, he got out of his car, donned a skull mask, walked up to his targets, drew a gun, and fired at them.
Duby Ortiz-Guardado was shot in the torso and died later in hospital. A female victim received a gunshot wound to the back of the head – the bullet exiting through her jaw – but survived.
Cordero ran back to the car and was driven off by Diaz.
SFPD officers heard the gunfire and were on the scene within minutes. ShotSpotter sensors detected nine shots fired and police recovered nine .40 caliber casings from the scene.
Diaz’ home was searched by SFPD two days later – a search which turned up the skeleton mask that Cordero wore during the shooting, a machine gun, ammunition, drugs and cash.
With respect to Diaz, prosecutors also say that he participated in two more gang-related shootings in 2019. In April, when occupants of his Mitsubishi Outlander got in to a verbal argument with pedestrians walking on Army Street, resulting in a gunfight which, they say, nearly resulted in a bystander being shot in the head. And, in July, he was present when his gang associate Fernando Madrigal murdered Day’von Hann and was himself armed with a gun.
If his plea agreement is accepted the Judge will have discretion to sentence him to a term of between 19-24 years imprisonment. Prosecutors are recommending the court impose the 24 year term.
Diaz earlier appeared for sentencing sepearately on firearms possession charges.
“[Diaz] is a validated Mission District Norteño gang member whose social media accounts were replete with guns, threats and gang promotion,” wrote Assistant U.S. Attorney Leif Dautch in a sentencing memorandum. “Rather than renounce of withdraw from the gang lifestyle after the 2018 murder and attempted murder, Guadrom Diaz continued to actively participate in gang violence, gun possession, and drug trafficking – including being present for two additional shootings (including one murder) the following year.”
With respect to Cordero, prosecutors say he was convicted three times between the murder and his arrest on federal charges, including battery, domestic violence and contempt of court.
If his plea agreement is accepted, the Judge will have discretion to sentence him to a term of between 21-26 years imprisonment. Prosecutors are recommending the court impose the 26 year term.
“It is clear that the crime itself had no deterrent effect on Cordero,” wrote Dautch. “Rather than curb his involvement in a gang of his criminal conduct, he remained an active…gang member, enjoying elevated status as a shooter.”
Both defendants, joined by Fernando Madrigal, will appear before U.S. District Judge William Orrick at 1:30pm tomorrow at San Francisco Federal Courthouse.
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