NYC Suspected Migrant Gang Members Arrested On Gun Charges, But Released On Reduced Charges

Two men arrested in a Feb. 5 gun and drug raid at a New York City auto repair shop were later released on reduced charges that may not lead to prosecution, according to police and court records – despite being suspected members of the Venezuelan Tren de Aragua (TdA) gang, which has been spreading violence across the country.

Jose Tamaronis-Caldera, 27, and Richard Garcia, 33, were taken into custody after authorities seized a Glock handgun, two imitation pistols, and a significant amount of drugs. While sources told the New York Post of their gang ties, the NYPD has not confirmed their affiliation, according to Fox News.

Rafael Nieves, 54, the alleged owner of V&R Auto and Collision in Woodside, Queens, was also arrested during the raid. Initially facing felony drug and gun charges, his charges were later reduced to criminal possession of a firearm, an imitation handgun, and a controlled substance in the seventh degree, none of which qualify for bail.

Prosecutors noted the gun was unloaded with no ammunition nearby, and the drugs—cocaine and oxycodone—were found in an office area. 

Jose Tamaronis-Caldera and Richard Garcia, who were also arrested, saw their charges downgraded to two misdemeanors—possession of an air pistol or rifle and possession of an imitation firearm—allowing them to be released without bail. Under an adjournment in contemplation of compliance (ACD), their charges will be dismissed after Aug. 5 if they avoid further offenses.

The Fox News report says that the Queens DA’s Office defended the handling of the case, stating, “The DA’s office reviews all evidence and charges as warranted. In this case, the weapon charge against defendant Nieves is for an unloaded firearm and is not bail-eligible. Our office asked for supervised release, and the judge granted supervised release.”

Prosecutors also noted that charges against Garcia and Tamaronis-Caldera were limited to air pistol possession, making them ineligible for bail.

Tamaronis-Caldera and Nieves reside at the Crowne Plaza JFK Airport migrant shelter, while Garcia lives at the Roosevelt Hotel shelter in Manhattan, police said. Both Tamaronis-Caldera and Garcia crossed the U.S. border illegally in 2023 but were later released, according to federal immigration sources.

A law enforcement official criticized the leniency, telling the New York Post, “These are not misguided individuals. They’re documented members of a known violent criminal enterprise… and the best we can do is let them out?”

Migrant-related crime has surged under the Biden administration amid record border crossings. Last month, Department of Homeland Security Secretary Kristi Noem revealed that a TdA gang leader arrested in the Bronx had attempted to buy grenades after a weapons deal. “Why would anybody in this country need to buy a grenade and go out and perpetuate violence?” Noem said.