Benjamin Cortez-Gomez says an empty pockets β and greed β drove him to promote weapons after the COVID-19 pandemic torpedoed his low-paying catering gig.
βAll you concentrate on is that fast buck,β says the 32-year-old South Sider, who corresponded with the Chicago Solar-Occasions by e-mail from jail as a result of federal officers denied him permission to satisfy with a reporter.
βIβm speaking about maybe as much as $10,000 in a day,β Cortez-Gomez says. βWho else makes that sort of fast money in a few hours β apart from drug sellers?β
Federal brokers arrested him in July 2020 after he purchased seven handguns in Indiana and drove them again to Chicago to promote.
On Wednesday, he was sentenced to virtually 9 years in jail after pleading responsible to gun trafficking. He was one in all greater than 130 individuals arrested on gun fees throughout President Donald Trumpβs Operation Legend, a crackdown on crime in Chicago.
Cortez-Gomez requested the choose for a five-year jail time period, which might have allowed him to stroll free with a sentence of βtime served.β Prosecutors needed a sentence of greater than 11 years in jail.
Prosecutors say Cortez-Gomez was a βprolificβ gun supplier who purchased firearms from Indiana suppliers he discovered on the web, together with an internet site referred to as Armslist.
He left a message on the telephone of 1 La Raza gang member from Chicago, saying, βNow, when you’ve got some shooters that may assist me get them off my arms and provides me the loot, then I can go get them handguns,β based on prosecutors.
Cortez-Gomez denies the client was a gang member.
And he says his crimes werenβt motivated by a need to assist criminals.
He says he simply badly wanted cash after dropping his job in 2020.
βI can say that my crime was extra of a fast monetary alternative quite than the rest,β he says.
Cortez-Gomez says he would go to gun reveals in Indiana and that, despite the fact that, as a felon, heβs banned from shopping for firearms, it was straightforward to get them.
βIn Indiana, solely an ID or driverβs license is required to buy a firearm by way of a personal vendor,β he says.
At his sentencing, Cortez-Gomez appeared in an orange leap go well with and black-frame glasses.
Assistant U.S. Lawyer Elie Zenner informed the choose that Cortez-Gomez was an βunrepentant and prolific gun traffickerβ and mentioned Chicago is βawashβ in unlawful weapons from Indiana. He mentioned Cortez-Gomez knew he was promoting to gang members who would offer them to shooters.
βUnlawful weapons was a lifestyle for him,β Zenner mentioned.
Cortez-Gomez had studied regulation behind bars and represented himself for a lot of his case, however lawyer John Miraglia stepped in to talk for him at sentencing.
βThe person has some real, first rate qualities,β Miraglia mentioned.
Two of Cortez-Gomezβs sisters gave testimonials on his behalf. Then, dabbing his eyes with a Kleenex, Cortez-Gomez mentioned, βI’m very remorseful.β
U.S District Choose John Blakey famous Cortez-Gomezβs makes an attempt at self-improvement in jail and his troublesome life.
βI can’t lay at your toes the whole downside of gun violence in Chicago,β Blakey mentioned.
In sentencing Cortez-Gomez, the choose mentioned he wanted to offer him a wake-up name.
βYou have been undeterred by prior jail sentences,β Blakey mentioned.
In his on-line correspondence with the Solar-Occasions, Cortez-Gomez wouldnβt give particulars of his gun offers.
In keeping with courtroom information, a hid carry allow in one other manβs identify, David Saldana, was discovered within the automobile he was driving when he was arrested.
βThere’s actually no how-to handbook,β Cortez-Gomez says. βItβs extra about exploring the Indiana gun present group and attending to know individuals. When you turn out to be shut and pleasant, it turns into monetary achieve, a business-making alternative, and also you turn out to be blind to the results.β
In keeping with courtroom information, Stephen King, 69, of Indianapolis, admitted shopping for weapons from official sellers and promoting them to others, together with at the very least 25 of them to Cortez-Gomez with out verifying his id.
He informed investigators he thought Cortez-Gomezβs actual identify was David Saldana.
In 2022, King was sentenced to 18 months in jail for dealing firearms with out a federal license. He bought greater than 160 weapons, prosecutors say. His lawyer informed the choose that Kingβs interest of shopping for and promoting weapons become an unlawful enterprise.
βYouβve bought to like this enterprise,β King as soon as mentioned when shopping for two handguns from a federally licensed supplier within the Indianapolis suburbs, based on courtroom information. βThe merchandise promote themselves.β
Although prosecutors say Cortez-Gomezβs gun operating contributed to violence and bloodshed, he says: βI’m in opposition to violence in Chicago, interval.β
Earlier than getting concerned in gun operating, Cortez-Gomez says he labored in warehouses and eating places like TGI Fridays, Little Caesars and Dunkin.
βThese jobs are laborious labor,β he says.
He grew up in Elgin and moved to βnitty-gritty Chicagoβ in his teenagers. He lived in Palmer Sq. on the Northwest Facet.
Cortez-Gomez says his father abused him and his mom. His father died of most cancers in 2007, when Cortez-Gomez was 15.
βMy son didnβt have a father determine rising up in his early teenagers and was a younger boy with a misplaced thoughts with nowhere to go,β his mom mentioned in a letter final month to the choose, asking for leniency.
Cortez-Gomez says he graduated from North-Grand Excessive Faculty in Hermosa Park in 2010 and joined the Guardian Angels in the summertime of 2013, when he was 21. The Guardian Angels are unarmed volunteers who patrol CTA L trains, aiming to forestall violence.
Cortez-Gomez says theyβd meet downtown and break up into teams to patrol totally different practice strains. He says, as an illustration, that he as soon as escorted a lady to her house from a practice platform at 1 a.m. as a result of she didnβt really feel secure.
βI needed to make a constructive influence in my group,β he says.
In 2016, based on Cortez-Gomez, he was hustling to turn out to be a freelancer who feeds video to information organizations. Someday, he arrived on the scene of a automobile that crashed in a police chase in Again of the Yards after a deadly gang taking pictures.
βThey illegally searched my automobile, which led to the invention of my police scanner,β he says. βThey werenβt completely satisfied about it.β
He was charged with possession of a police scanner, however the case was dismissed when he forfeited it.
He says his dream of turning into a contract photojournalist ended as a result of he couldnβt afford the $10,000 cameras others have been utilizing β and the competitors was too intense.
βI misplaced hope and gave that up however nonetheless listened to radio site visitors close to my home,β he says.
In 2018, he bought arrested in a carjacking case. He pleaded responsible to a cost of aggravated illegal restraint and was sentenced to 4 and a half years in jail.
However he says he wasnβt a carjacker. At his sentencing, his lawyer informed the choose he was an adjunct to the crime and bought caught with the stolen automobile however wasnβt concerned within the theft.
βThere was no factual proof that I actually had dedicated that alleged carjacking,β he informed the Solar-Occasions. βA juvenile took the automobile and handed it all the way down to me. Sure, I used to be younger and silly. I remorse many issues, particularly my previous felony convictions.β
Cortez-Gomez was on parole in that case when he was arrested for gun trafficking.
That investigation stemmed from a tip from a lady who grew to become an informant for the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives.
She was dealing with a misdemeanor youngster endangerment cost in Cook dinner County felony courtroom, however was out of jail in lieu of bail.
The girl contacted a Cook dinner County sheriffβs investigator, saying she knew somebody who was shopping for weapons in Indiana and promoting them to gang members. The investigator contacted ATF brokers who interviewed the girl on July 21, 2020, and launched the case in opposition to Cortez-Gomez.
The girl informed the brokers she and Cortez-Gomez traveled to Indianapolis each few days and purchased as many as 10 weapons on every journey.
The unique plan was for the girl to rearrange for Cortez-Gomez to promote weapons to an undercover ATF agent posing as a gang member. However that plan fell aside when he drove to Indianapolis to purchase weapons on July 27, 2020 β earlier than ATF brokers might arrange a sting.
The ATF brokers felt they wanted to maintain Cortez-Gomez from placing these weapons on the road in Chicago, in order that they arrange surveillance and adopted him from his house in Englewood.
Brokers tailed him to Interstate 65 in northwest Indiana, then parked and waited for him to return.
Hours later, a U.S. Customs and Border Safety helicopter noticed the blue Dodge Charger that Cortez-Gomez was driving. 4 unmarked ATF automobiles adopted him again to Chicago.
On the 59th Avenue exit ramp on the Dan Ryan Expressway, ATF brokers boxed within the Charger, broke the driving forceβs aspect window, pulled Cortez-Gomez from the automobile and arrested him. They mentioned they discovered 5 semiautomatic handguns and two revolvers within the trunk.
ATF paid the informant $1,400, and the kid endangerment case in opposition to her was dropped, although federal authorities say that wasnβt a part of their cope with her.
Among the many key proof within the case was a collection of Snapchat messages between the informant and βBennie Blanco,β the identify Cortez-Gomez used on his Snapchat account.
Although Cortez-Gomez pleaded responsible to the gun trafficking cost, he says the informant gave false info to the brokers concerning the type of automobile he drove and lied that she accompanied him on his gun shopping for journeys.
He additionally says the ATF brokers didnβt observe him all the way in which to the place he purchased the weapons in Indiana, in order that they didnβt see the transaction happen.
βThat may be a grey space that the feds had in my investigation,β he says.
Federal authorities acknowledged that they sped up their investigation as a result of Cortez-Gomez unexpectedly determined to purchase weapons that day. Additionally they mentioned the informantβs story was mistaken in components.
Over the previous 5 years, Cortez-Gomez had repeatedly requested the courts to launch him from jail till his case was resolved, however judges denied his requests, saying he was a hazard to the group and a flight threat.
βMy earlier prosecutor and lawyer are those responsible for transferring the case at a snailβs tempo,β Cortez-Gomez says. βNothing was being filed, and all the pieces was being stalled even after post-pandemic courtroom proceedings. My private thought is that it shouldnβt have taken 5 years to resolve this plain and non-complex felony case.β
Prosecutors disagree, saying in a courtroom submitting that Cortez-Gomez βexplicitly declined to invoke his proper to a speedy trial.β
Cortez-Gomez is suing the ATF brokers who arrested him, saying they didnβt have possible trigger and used extreme drive once they smashed his automobile window, inflicting a lower on his hand that required stitches to shut.
Cortez-Gomez says that, since his 2020 arrest, heβs been learning felony regulation and hopes to turn out to be a paralegal, open a authorized help workplace and assist incarcerated individuals. He says he used his authorized data in his personal protection, which the choose acknowledged.
He says he regrets his involvement in gun operating and what he describes as a poor resolution to make a fast buck throughout the pandemic.
βThere are extreme penalties for the conduct I pleaded responsible to β transporting firearms from one state to a different,β Cortez-Gomez says. βIn a way, I can clearly perceive why such gun crime penalties have gotten harsher within the state of Illinois. And, on account of my expertise within the federal authorized system, itβs merely not definitely worth the bother, and Iβve realized so much from it.β
