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Updated: 4:26 p.m. Tuesday, Feb. 28, 2012 | Posted: 11:23 a.m. Tuesday, Feb. 28, 2012
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By Martina Valverde
El Paso Federal Courthouse
EL PASO, Texas —
After two hours of hearing evidence and watching tapes from the Drug Enforcement Agency, the court decided to grant Willie Gandara Jr. a $50,000 cash-only bond.
Magistrate Judge David Guaderrama gave government prosecutors until the end of the day to decide if they want to appeal his bond. The prosecution insisted in court Tuesday that their evidence proves Gandara is a threat to society.
"Up until these charges, Mr. Gandara has been an outstanding part of this community," Guaderrama said.
In video and audio tapes from 2010 and 2011 played in federal court, a DEA confidential informant meets up with Gandara at his home. Gandara agrees to use his scrapyard in Socorro to allow the confidential informant to transfer 500 pounds of "mota" or marijuana. Gandara was paid $5,000 for the transfer that was only about 300 pounds.
In that same conversation, the informant asks Gandara what would happen if they were caught with the 500 pounds of marijuana. Gandara responds that he would send 150 pounds through his pipeline to Oklahoma and Chicago.
Gandara's attorney, Joe Spencer, said his client is not guilty, and the DEA testified that at no point did they connect Gandara to a pipeline.
If convicted, Gandara could face 20 years in federal prison and $1 million fine for each count.
Juan Canales, who was arrested along with Gandara, was a lookout for a trailer carrying marijuana. He was given a $20,000 bond, the court said Tuesday.
Gandara and Canales were charged with one charge of conspiracy with intent to distribute 50 kilograms or more of marijuana and one substantive count of possession with intent to distribute marijuana. Gandara was also charged with three counts of maintaining property for distribution of marijuana.
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