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Barry Gilton, RICO Conspiracy and Accessory, California 2023

Violent Crime in San Francisco: Gang Member Convicted of RICO Conspiracy and Accessory

SAN FRANCISCO – In a major blow to organized crime, Barry Gilton, a/k/a “Prell,” was convicted of participating in a racketeering conspiracy and Lupe Mercado, his codefendant, was found guilty of being an accessory to a murder committed by members of the San Francisco gang referred to as the Central Divisadero Players, a/k/a “Central Divis Playas” or “CDP.”

The guilty verdicts follow a four-week jury trial before the Honorable William H. Orrick, U.S. District Judge, and represent the tenth and eleventh convictions in this racketeering case. Gilton, 46, and Mercado, 45, both of San Francisco, Calif., associated with members of CDP, a racketeering organization that worked collectively with other gangs in the Western Addition of San Francisco to preserve and protect the power, territory, reputation, and profits of the enterprise using intimidation, violence, assaults, and murder.

The evidence showed that CDP members and associates committed numerous crimes, including murder, attempted murder, pimping, robbery, firearms offenses, witness intimidation, drug trafficking, and the enticement of individuals to travel in interstate commerce for prostitution. The jury convicted Gilton of the racketeering conspiracy and Mercado of being an accessory after the fact of a murder.

U.S. Attorney David L. Anderson stated, “The jury found that Gilton and Mercado participated in or assisted gang activity on San Francisco streets. The jury’s verdict adds to nine prior convictions in the same case. Although much more work remains to be done, the verdicts are another significant step forward in dismantling a street gang that has imposed itself on San Francisco for far too long.”

FBI Special Agent in Charge John F. Bennett added, “Gang members operate outside of the rule of law that allows our community to function as it should. Members of CDP showed no hesitation to use violence to further their activities, and as public servants sworn to protect our community we cannot and will not let that happen unchallenged.”

Gilton and Mercado face maximum statutory penalties of life in prison and 15 years, respectively. However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Judge Orrick has not yet scheduled Gilton’s and Mercado’s sentencing. The other nine defendants in this case have already been convicted and sentenced, with penalties ranging from six to 27 years in prison.

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