National District First Court of Instruction judge, Roman Berroa Hiciano, has issued a decree ordering the trial against 18 of the accused in the drug-related killings in Paya, Bani on 4 August 2008, while he dismissed 9 other people who had been implicated from penal responsibility. The killings were attributed to a presumed drug heist of some 1,300 kgs of cocaine that was brought to the country from Colombia.
The judge partially accepted the accusations brought by the District Attorney, and ordered the following individuals to stand trial: Luis Lara Martinez and Jose Luis Montas Vargas (El Duro Motors), former naval colonels Eduardo Mayobanex Rodriguez Montero, Jorge Luis Chalas, former Lt. Colonel Ricardo Guzman Perez, former lieutenants Andres Tapia Balbuena and Miguel Pena Figuereo, former sergeants Antonio Manuel Pineda Roche and Redys Manuel Encarnacion Quezada, and civilians Andres Berroa Mercedes (El Capi) Yaneuri Manuel Calvo Tejeda, Nennys Jairo Rodriguez Perez, Jose Martin Sterling Villalon, Joaquin Perez Feliz, Domingo Onesimo Marmolejos Santana, Scarlet Aristy Rosa and Marco Fajardo Almonte, and former sergeant and lawyer Jose Sime Cisneros.
They are charged with criminal association, murder and violation of Law 50-88 on Drugs and Controlled Substances, against the Dominican state and Colombians Dario Jose Atencio Vargas, Eduardo Fabio de Leon Perozo, Jesus David del Rio Hans, Antonio Zuluaga Mustiola, Apolinar Altamirano Cuellar, Geovanny Alejandro Bowie Duffis and Oscar Dario Maranjo Mejia, who were shot dead after being taken from a house belonging to Atensio Vargas in Paya.
The magistrate also issued an edict of insufficient evidence for an indictment against former Navy major Pedro Gonzalez Estevez, Kirvio Santana Feliz (El Chivo), Colombian Alexander de Jesus Restrepo Carmona (El Flaco), Girson Antonio Gonzalez Martinez, Feliz Mota Terrero (Felin), Victor Manuel Montas and Nicaraguan Orin Clinton Gomez.
The judge said that the proof obtained and presented by the District Attorney in order to substantiate the accusations against this group was insufficient. Therefore, he ordered the immediate lifting of the coercive measures against them, and ordered their release from custody. He also admitted the petition by Orin Clinton Gomez to become a plaintiff in the case against the others on the charge of attempted murder. The Nicaraguan received 3 bullet wounds but survived the killings because he played dead.