Yanaisa Yapur Guevara and Ariel Acosta Rizo.
Nine individuals with ties to the Cuban community have been indicted as part of a drug trafficking organization that allegedly operated a large-scale illegal marijuana grow that centered its production operations at 227 Hole in the Wall Road in Fremont County.
The individuals associated with the enterprise allegedly engaged in a scheme, including cultivating, manufacturing and/or distributing marijuana in Fremont County and numerous states including, but not limited to, Kansas and Florida, possessing firearms in furtherance of such activities, and simultaneously engaging in tax evasion, money laundering, filing false tax information and failing to pay taxes.
The case involves the following nine defendants: Onel Vicente Martinez, 32, Martha Vicente Romero, 41, Antony Aleman Rosetem 36, Diosnel Hernandez Vicente, 39, Ricardo Garcia Licourt, 49, Fernando Padilla Herrera, 58, Ariel Acosta Rizo, 40, Yanaisa Yapur Guevara, 45, and Juan Grau Reyes, 30.
According to the indictment, all its members were connected through relationships in the Cuban community, originating in Florida through Martinez. He and his wife, Romero, managed the illegal grow in Fremont County. Romero owned the property and oversaw daily activities to grow marijuana and obtained workers to assist its daily operations, the indictment states.
All individuals who operated the grow were either family members of Martinez or traveled from Florida to assist with operations at the facility.
The suspected activity occurred between Jan. 1, 2020, and Oct. 1, 2021, consisting of two full grow cycles.
A search warrant of the Fremont County property yielded 123 growing marijuana plants in the vegetative state and about 171 pounds of dried, finished marijuana bud. The illicit marijuana seized from the property evaded an excise tax of $33,760.
According to the affidavit, video shows several of the men possessing and displaying a firearm while engaging in the cultivation and possession of marijuana and Martinez and Romero allowing a child to go into premises that were being used to harvest and store marijuana.
In conjunction with this case, a search warrant was executed on June 8, 2022, at 1201 Pine St. in Pueblo, where officials found firearms, several police hats and holsters, about 140 pounds of marijuana product, 17 marijuana plants and about 3.23 grams of methamphetamine. During an interview with law enforcement, Rosete admitted that he was paid to grow and harvest the marijuana plants. The distance between the home and the grounds of Bessemer Elementary School is less than 1,000 feet. The indictment states that he willfully attempted to evade $13,982 in marijuana excise taxes.
Also on June 8, 2022, law enforcement executed a search warrant at 1224 Stone Ave. in Pueblo where they found 21 pounds of marijuana product and 12 marijuana plants. From this address, Rizo and Guevara are suspected of evading $2,516 in marijuana excise taxes.
On the same day, a warrant executed at 213 E. Northern Ave. in Pueblo netted 210 pounds of marijuana product, 47 marijuana plants and an Ithica DS Police Special 12 gauge shotgun. Based on the marijuana found at this address, Reyes is suspected of evading $24,878 in marijuana excise taxes.
An 11th Judicial Grand Jury on Feb. 6 indicted nine individuals on suspicion of various charges including:
- pattern of racketeering, a Class 2 felony
- violation of the Colorado Organized Crime Control Act – conspiracy, a Class 2 felony
- special offender – possession of a firearm, a Drug Felony 1
- cultivation of marijuana – more than 30 plants, a Drug Felony 3
- conspiracy to cultivate marijuana – more than 30 plants, a Drug Felony 3
- possession with intent to distribute marijuana, a Drug Felony 1
- conspiracy to distribute or possess with intent – marijuana, a Drug Felony 2
- money laundering, a Class 3 felony
- failing a false tax return, a Class 5 felony
- marijuana excise tax evasion, a Class 6 felony
- keeping a property for the manufacture of controlled substances, a drug misdemeanor 1
- child abuse, a Class 3 felony
- tampering with physical evidence, a Class 6 felony
- possession with intent to distribute, a Drug Felony 1
- special offender -protected areas, a Drug Felony 1
- cultivation of marijuana, 7-30 plants, a Drug Felony 4
- possession of methamphetamine, a drug misdemeanor 1
- keeping property for the unlawful distribution of controlled substances, a drug misdemeanor 1
- special offender – firearm, a Drug Felony 1
- possession with intent to manufacture or distribute marijuana, 50 pounds, or marijuana concentrate, 25 pounds, a Drug Felony 1
Bonds were set by Chief Judge Patrick Murphy in the following amounts: $50,000 cash only for Martinez and Romero; $25,000 cash only for Rosete; and $10,000 cash only for Vicinte, Licourt, Herrera, Rizo, Guevara and Reyes.
Guevara and Rizo were arrested March 12 after they were caught coming back into the country from Cuba where they have family, Deputy District Attorney Mark Hurlbert said during a bond hearing on March 13. He said neither of the defendants has any known ties to the community or the state.
Based on their lack of criminal history, Magistrate Claire Colette LeBeau modified their bonds to $5,000 cash only. They have since bonded out of jail. Bond conditions include no contact with the co-defendants, they must sign a waiver of extradition and surrender their passports.
As of Monday, Rizo, Guevara and Reyes are the only individuals in this case listed on the Fremont County court docket for upcoming hearings.
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