In the United States District Court for the Central District of Georgia – Athens Division, Diego Ibarra, the brother of the murderer of nurse Laken Hope Riley and an alleged member of the Tren de Aragua, was sentenced to 48 months in prison. He will be deported along with his brother and a former housemate.
Known by the alias “Gocho,” 29-year-old Diego José Ibarra pleaded guilty to two counts of possession of a fraudulent document on July 15, 2024. Similarly, his brother, Argenis Ibarra, alias “Meny,” 25 years old, was also sentenced to time served after pleading guilty to a charge of possession of a fraudulent document on December 10, 2024.
Together with them, Rosbeli Flores-Bello, alias “La Gorda,” 29 years old, received a time-served sentence after pleading guilty to a charge of possession of a fraudulent document on December 11, 2024.
The three individuals will be handed over to U.S. Immigration and Customs Enforcement (ICE) for deportation, where they will remain in custody upon completing their sentence in federal prison.
Read more: It’s not fiction! Tren de Aragua: a cruel reality threatening regional security
Illegal Entry and False Documents
Diego Ibarra’s brother, José Antonio Ibarra, is the murderer of Laken Hope Riley, a nursing student who was kidnapped by him on February 22, 2024, while running at the University of Georgia, where she completed her undergraduate studies before transferring to the Nursing School of Augusta University. He later killed her. He was sentenced to life in prison on November 20, 2024.
During the investigation of the murder, Diego Ibarra was arrested on February 23, 2024, and presented a fake U.S. permanent resident card to the police, leading to his arrest. He had illegally entered the U.S. on April 30, 2023, via El Paso, Texas. He and four other Venezuelans fled when approached by border police.
Diego Ibarra resisted arrest, snatched a radio from an officer, threw it into a nearby yard, and attempted to bite the officer. With the intervention of the National Guard, he was subdued and taken to a local hospital after complaining of chest, back, and leg pains.
He admitted to entering the U.S. illegally and resisting arrest, acknowledging that his injuries did not result from the altercation with the officers.
Possible Member of Tren de Aragua
Characteristic details of Tren de Aragua members
Investigations raise suspicions that Diego Ibarra is a member of Tren de Aragua. He was deported from the U.S. to Mexico on April 3, 2023, and after the previously mentioned incident, he sought asylum, declaring his fear of being returned to Venezuela.
Diego Ibarra was admitted to the Alternatives to Detention (ATD) program by the Enforcement and Removal Operations (ERO) of ICE on May 11, 2023, and was released from immigration custody the following day. He was required to wear an ankle monitoring device with GPS and was instructed to report to New York to await his asylum process but failed to comply.
The last record of Diego Ibarra’s ankle monitor occurred on May 25, 2023, near Littleton, Colorado, and it is assumed he cut it before his final arrest in Athens, Georgia, where he settled and was later arrested three times by law enforcement. He was also reported for domestic violence on September 26, 2023.
While in U.S. Marshals custody at the Butts County Detention Center, he caused severe damage to the fire sprinkler system in a cell block; he was found in possession of two improvised weapons.
This was not a simple case of illegal immigration, as indicated by the protective order in the case file, highlighting the sensitive and potentially confidential nature of this matter for the U.S. justice system.
The details regarding Diego Ibarra’s prior interactions with immigration authorities, as well as the information he “presented to government officials in order to remain or seek legal status in the United States,” were relevant to the judge’s decision at the time of sentencing.
Diego Ibarra Requests Evidence Discovery
On March 5, 2024, Diego Ibarra’s defense presented a request to the United States District Court for the Central District of Georgia – Athens Division, asking the prosecution to provide all relevant evidence they possess as part of discovery for inspection before the trial.
Ibarra’s attorney requested statements of his, whether written or recorded, as well as the contents of any oral statements made in response to inquiries by government agents; she also sought the defendant’s criminal history in possession or control of the government; and the production of all types of physical evidence related to the case that would be used by the government at trial or that had been obtained from the defendant.
Additionally, Ibarra requested results or reports of physical or mental examinations, scientific tests the government plans to use as evidence; expert witness testimonies, and any evidence that could favor him or discredit the prosecution’s witnesses. Furthermore, he indicated his intention to reserve the right to file additional motions after receiving the requested evidence.
Arrest Order Against Diego Ibarra
On July 3, 2024, Magistrate Judge Charles H. Welgle, of the United States District Court for the Central District of Georgia – Athens Division, issued an arrest order pending trial against Diego Ibarra.
This order was based on the rebuttable presumption for the detention of the defendant, given the nature of the charges and his history, which includes illegal entry into the country and possession of fraudulent documentation.
It was noted that Ibarra, despite being initially released under supervision, did not comply with the conditions, manipulated his electronic monitoring, and had multiple encounters with the law, including arrests. Consequently, the judge concluded that there were no conditions under which the safety of the community could reasonably be assured and ordered his detention in custody until trial.
Substituted Indictment Against Diego Ibarra and Others
On June 11, 2024, Michael D. Morrison, assistant to prosecutor Peter D. Leary, filed a substituted indictment in the Athens Division of the Central District of Georgia against Diego Ibarra, Argenis Ibarra, and Rosbeli Flores-Bello, accusing them of possession of counterfeit immigration documents on two occasions in February and October 2024; possession of counterfeit documents in February 2024; and possession of counterfeit immigration documents in February 2024, respectively.
A Grand Jury found probable cause to believe that the defendants committed the alleged crimes and, accordingly, presented two counts against each of them for possession of a fraudulent immigration document.
Diego Ibarra, Argenis Ibarra, and Rosbeli Flores-Bello possessed U.S. permanent resident cards with forged, falsified, or illegally altered names. The first did so on January 23 and October 27, 2023, while the second and third did so on January 23, 2023.
Flores-Bello was also found with a U.S. Social Security card, knowing that the document in the name of Rodrianny Brito Brito was forged, falsified, altered, and obtained illegally.
Habeas Corpus ad Prosequendum for Argenis Ibarra
On July 5, 2024, Michael D. Morrison, assistant to prosecutor Peter D. Leary, requested the court to issue a writ of habeas corpus ad prosequendum for Argenis Ibarra to be transferred from the ICE detention center where he was held to ensure his appearance in court.
Ibarra was detained under the custody of U.S. Immigration and Customs Enforcement (ICE) at the Stewart Detention Center in Lumpkin, Georgia, after being charged with possession of counterfeit immigration documents. The prosecution required his appearance at an initial hearing.
Argenis Ibarra Pleads Not Guilty
On July 11, 2024, Argenis Ibarra pleaded “not guilty” to charges against him before the United States District Court for the Central District of Georgia, Athens Division.
His declaration was signed by the defendant Argenis Ibarra, his attorney Leslie Jones, and United States Assistant Attorney Michael Morrison.
Protective Order of Diego Ibarra’s Case File
False identification of Diego Ibarra
On September 25, 2024, the judge of the Central District of Georgia, Tilman E. Self III, issued a protective order for Diego Ibarra’s immigration file, limiting access to the court, defense attorney, and their team.
The order was issued at the request of the U.S. Attorney’s Office to regulate access and handling of the defendant’s “alien file,” provided by the Department of Homeland Security (DHS) through the Department of Justice (DOJ).
The explicit purpose of this review is “to determine the terms and conditions of sentencing,” suggesting that information from the alien file could be relevant during the sentencing phase of the criminal process. It specifies that the review will determine “identity documents, immigration history, and what, if anything, the defendant presented to government officials to remain or seek legal status in the U.S.”
The file will remain sealed, and if needed for an appeal review, it will be incorporated into the record of proceedings under seal. This is indicative of concerns regarding the privacy and confidentiality of the information contained in the file.
Additionally, the court or defense attorney are prohibited from disclosing materials from the alien file to any individual, organization, or other entity, with specific exceptions. The defendant will have access “for review only,” and receiving copies of any material from the file is prohibited.
After the deadlines expire following the conclusion of the case – appeal period and/or post-conviction motions – the defense attorney must return all copies of the material to the United States, certify its destruction, or if they deem it necessary to retain part of the discovery, certify that the material is stored inaccessibly to third parties and provide a destruction date.