Nuestra Familia members sentenced to prison

Both men were linked to murder conspiracies

Two members of the Nuestra Familia prison gang have been sentenced to varying federal prison terms for their roles in the same two murder conspiracies targeting lower-tier members of their organized crime network, court records show.

Eric Zarate Sr., 44, was sentenced to 100 months in federal prison, while his co-defendant Robert Maldonado, 57, was given 88 months. Both were sentenced by U.S. District Judge Yvonne GonzalezRogers in late January, records show.

Zarate and Maldonado pleaded guilty to a single count of racketeering involving the Nuestra Familia, a Northern California-based prison gang that lords over the Norteños and other affiliates in the area. Though it originated in the farmlands of Northern California, the gang has spread across the state and been linked to highprofile violent crimes; earlier this month, two alleged Norteños were charged in the massacre of six family members in Tulare County.

Zarate and Maldonado admitted to two murder conspiracies in 2018 and 2019. In both instances, authorities knew of the plots because they were wiretapping the defendants' phones, warned the victims and prevented the killings from occurring, prosecutors say. Despite having this evidence, prosecutors didn't indict the pair until August 2021, two months after Zarate was allegedly involved in a shooting near a San Jose courthouse that left one man dead.

In January 2019, with a high-ranking Nuestra Familia member named Samuel Luna, the two allegedly conspired to murder a Norteño who is referred to as “E.C.” in court records. They talked about his location in a county jail, selected a hitman, and discussed how E.C needed to be “hit on sight,” according to a prosecution sentencing memo.

Three months earlier, in October 2018, Maldonado and Zarate allegedly discussed killing another Norteño named “A.R.” for being “strung out” on heroin and consorting with a rival gang. They talked about how the victim had committed an assault to get back into good standing with the gang, but had resorted to his old ways, which was the final straw, prosecutors said.

Additionally, prosecutors describe Zarate as a “high level” heroin and cocaine trafficker who also collected thousands in dues for the gang.

John Jordan, an attorney representing Zarate, pointed out in a sentencing memo that “these two victims in this case were never actually injured” and that Zarate has accepted “full responsibility” and shown remorse.

“Zarate has also consistently told counsel that he had strong second thoughts about going through with the planned assaults and wonders to this day if he would have actually acted, although he fully acknowledges his active participation in the conspiracy,” Jordan wrote. He asked for an 84-month prison term.

Zarate was out of jail during the conspiracy, which made him more valuable to the gang, authorities say. By contrast, Maldonado was serving a life sentence for a 2008 conviction of dissuading a witness from testifying against another gang member.

Both men had support letters from their mothers. Zarate's mom described him as a “devoted son, father, grandfather, brother, and more” who has learned from his mistakes. Maldonado's mother wrote to the court that he entered the prison system as “an immature young man” and has been affected by prison life.

“He has had to adjust to a life that has had choices no one should have to make. In spite of his situation, he has remained positive and optimistic,” she wrote.

In June 2021, Zarate was arrested and charged with murder for his alleged participation in a retaliatory shooting in San Jose. Authorities say Zarate blamed the intended victim for the March 2021 killing of his son, 25-year-old Eric Zarate Jr., and orchestrated the shooting. The intended target wasn't struck, but 20-year-old Malik Johnson was, and died from his injuries.

Zarate and Maldonado were indicted as part of a massive 2021 investigation targeting the Nuestra Familia and multiple Norteño subsets based in San Jose. Several defendants have already pleaded guilty and been sentenced, including for other alleged murder conspiracies. The main targets of the investigation — including alleged members of the Nuestra Familia's leadership counsel — are still in federal detention awaiting a resolution to their cases.