☷South Bay Resident Charged with Federal Firearm Violation in the Wake of January 2020 Shooting Death
Federal Bureau of Investigation ( By Press Release office)
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South Bay Resident Charged With Federal Firearm Violation In The Wake Of January 2020 Shooting Death SAN JOSE – The Office of the United States Attorney has filed a federal criminal complaint charging Marcus Pardo with a firearm - related crime in connection with a January 2020 shooting death near the corner of Squeri Drive and Clayton Road in San Jose , announced U . S . Attorney Stephanie M . Hinds and Federal Bureau of Investigation Acting Special Agent in Charge Sean Ragan . The complaint , filed April 11 , 2022 , and unsealed earlier today , alleges that Pardo , of Gilroy , Calif . , shot and killed the victim with a . 50 caliber firearm on January 15 , 2020 , during a drug transaction . According to the complaint , the shooting victim was involved in coordinating a drug deal between Pardo and another individual ( the Intended Buyer ) earlier the same day . The victim’s recovered text messages and other evidence show that the victim and the Intended Buyer met with Pardo , who had agreed to sell prescription Oxycodone pills to the Intended Buyer . The text messages also indicate Pardo and the Intended Buyer were bringing firearms to the drug deal and that the Intended Buyer contemplated robbing Pardo during the deal . The complaint details text messages by the victim acknowledging the danger inherent in this situation , and , specifically , one message in which the victim wrote to his friends: “Y’all if I die tonight just know I love y’all . ”According to the complaint , during the resulting meeting , Pardo fired the . 50 caliber handgun in his possession , striking and killing the victim . Pardo is charged with one count of using or carrying a firearm during and in relation to a drug trafficking crime , in violation of 18 U . S . C . § 924 ( c ) ( 1 ) ( A ) ( i ) . Pardo faces a statutory mandatory minimum sentence of five years in prison , and a maximum sentence of life in prison . In addition , as part of any sentence , the court may order restitution , a maximum $250 , 000 fine , and up to three years of supervised release . However , any sentence following conviction would be imposed by the court after consideration of the U . S . Sentencing Guidelines and the federal statute governing the imposition of a sentence , 18 U . S . C . § 3553 . Pardo made his initial federal court appearance this morning before U . S . Magistrate Judge Virginia K . DeMarchi . A criminal complaint merely alleges that a crime has been committed , and , as with all defendants , Pardo is presumed innocent until proven guilty beyond a reasonable doubt . Assistant U . S . Attorney Jeffrey Backhus is prosecuting the case with the assistance of Elise Etter . This prosecution is the result of an investigation by the San Jose Police Department and the FBI .
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