EFTA00075431¶
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d. caused the death, and injury resulting in death, of the victim, during the commission of an offense under Title 18, United States Code, Section 1201 (kidnapping) (Title 18, United States Code, Section 3592(c)(1));¶
e. committed the offense after substantial planning and premeditation to cause the death of a person (Title 18, United States Code, Section 3592(c)(9)); and¶
f. intentionally killed more than one person in a single criminal episode (Title 18, United States Code, Section 3592(c)(16)).¶
- Counts Four, Seven, and Twelve of this Indictment are realleged and incorporated by reference as though fully set forth herein. As to Four, Seven, and Twelve, alleging the intentional killing of Miguel Luna in furtherance of a drug trafficking crime (Count Four), the murder of Miguel Luna through the use of a firearm in furtherance of a drug trafficking crime (Count Seven), and the kidnapping resulting in death of Miguel Luna (Count Eleven), the defendant NICHOLAS TARTAGLIONE:
a. was 18 years of age or older at the time of the offense (Title 18, United States Code, Section 3591(a)(2));¶
b. intentionally participated in an act, contemplating that the life of a person would be taken and intending that lethal force would be used in connection with a¶
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EFTA00075432¶
Case 1:26-cv-00833-RMK Documentt 22Q: Filed 08/05/20 Page 18 of 21¶
person, other than one of the participants in the offense, and the victim died as a direct result of the act (Title 18, United States Code, Section 3591(a)(2)(C));¶
c. intentionally and specifically engaged in an act of violence, knowing that the act created a grave risk of death to a person, other than one of the participants in the offense, such that participation in the act constituted a reckless disregard for human life and the victim died as a direct result of the act (Title 18, United States Code, Section 3951(a)(2)(D);¶
d. caused the death, and injury resulting in death, of the victim, during the commission of an offense under Title 18, United States Code, Section 1201 (kidnapping) (Title 18, United States Code, Section 3592(c)(1));¶
e. committed the offense after substantial planning and premeditation to cause the death of a person (Title 18, United States Code, Section 3592(c)(9)); and¶
f. intentionally killed more than one person in a single criminal episode (Title 18, United States Code, Section 3592(c)(16)).¶
25. Counts Five, Eight, and Thirteen of this¶
Indictment are realleged and incorporated by reference as though fully set forth herein. As to Counts Five, Eight, and Thirteen, alleging the intentional killing of Hector Gutierrez in¶
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