U.S. Department of Justice
United States Attorney
Northern District of California
Northern District of California
For Immediate Release
March 19, 2012
Melinda Haag, United States Attorney
Contact: Jack Gillund
Two Oakland Men Indicted on Federal Charges Including Carjacking and Robbery
Eleven–Count Superseding Indictment Charges Firearms Offenses, Violent Crimes and Possession of Methamphetamine for Sale
OAKLAND, Calif. — A federal grand jury in Oakland last week added carjacking and robbery to its original charges against Patrick Fiametta–McConnell, United States Attorney Melinda Haag announced. The Superseding Indictment also charges a second defendant, Ismael Eduardo Axtle, with three counts of carjacking, using a firearm to commit a carjacking, two counts of robbery, and two counts being a felon in possession of a firearm and ammunition.
According to the Superseding Indictment, which was issued on March 15, between July and November 2011, Axtle, of Oakland, committed three carjackings and two commercial robberies, and illegally possessed three firearms and hundreds of rounds of ammunition. Fiametta–McConnell, also of Oakland, is alleged to have participated together with Axtle in a carjacking and robbery in July 2011. These charges are in addition to the existing charges against Fiametta–McConnell for illegally possessing a firearm and ammunition, and possessing five grams or more of methamphetamine for sale.
The criminal complaint alleges that on Nov. 18, 2011, Axtle attempted to evade law enforcement by engaging in a high–speed vehicle chase. After crashing the car he was driving, Axtle carjacked an SUV at gunpoint, ordering the driver and two passengers out of the vehicle. Axtle was apprehended when he subsequently crashed the SUV and attempted to gain access to a third vehicle.
Fiametta–McConnell is currently being held on local charges in Alameda County. Axtle is currently being held on local charges in Stanislaus County. A date has not yet been set for the defendants’ initial appearances in federal court.
The maximum statutory penalty is 10 years for each count of felon in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922(g)(1); 15 years for each count of carjacking, in violation of 18 U.S.C. § 2119; 20 years for each count of interference with commerce by robbery, in violation of 18 U.S.C. § 1951(a); 40 years for possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1); and life for use of a firearm in the commission of a violent crime, in violation of 18 U.S.C. § 924©. In addition, each charge under Title 18 carries a maximum fine of $250,000, while the drug charge under Title 21 carries a maximum fine of $5 million. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Brigid Martin is the Assistant United States Attorney who is prosecuting the case with the assistance of Kathleen Turner. The prosecution is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Alameda County Regional Auto Theft Task Force (ACRATT), the California Highway Patrol, the Oakland Police Department, the San Francisco Police Department, the Petaluma Police Department and the Turlock Police Department.
Please note, an indictment contains only allegations against an individual and, as with all defendants, Fiametta–McConnell and Axtle must be presumed innocent unless and until proven guilty.
Case #: CR 11–00836 SBA
A copy of this press release may be found on the U.S. Attorney’s Office’ website at www.usdoj.gov/usao/can.
Electronic court filings and further procedural and docket information are available at https://ecf.cand.uscourts.gov/cgi-bin/login.pl.
Judges’ calendars with schedules for upcoming court hearings can be viewed on the court’s website at www.cand.uscourts.gov.
All press inquiries to the U.S. Attorney’s Office should be directed to Jack Gillund at (415) 436–6599 or by e–mail at Jack.Gillund@usdoj.gov.