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Suspect in brawl denied bond again
Authorities worried about possible gang retaliation
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Fernando Acosta enters Hall County Magistrate Court for a bond hearing Friday. - photo by Tom Reed

Saying she had concerns over community safety, a Hall County magistrate judge denied bond Friday for one of 11 people charged in last weekend’s gang-related brawl that left one dead.

Fernando “Boogie” Acosta, 24, was one of two alleged members of the Sur-13 gang who were struck by a minivan during a confrontation with members of the BOE and La Onda gangs early Sunday at Lenox Park apartments. The other person struck, 23-year-old Sur-13 member Daniel “Ghost” Adame, was killed.

Juan Francisco Villaneuva, an 18-year-old alleged member of BOE, is charged with Adame’s murder.

Acosta, who sustained what his lawyer called “serious injuries,” was arrested along with 11 others on charges of affray and violation of state gang laws.

Friday was the second time Acosta sought bond.

Associate Magistrate Elizabeth Reisman denied him bond during an initial appearance Wednesday.

On Friday, Associate Magistrate Tracy Loggins heard testimony from Gainesville-Hall County Gang Task Force Investigator Joe Amerling, who said there were misconceptions in the community about what started Sunday’s fatal brawl.

Amerling said some family members of the victim and neighborhood residents thought the fight was retribution for an August drive-by shooting also involving members of Sur-13 and La Onda. In that incident, 16-year-old La Onda member Juan “Baby P-Nut” Gomez was shot to death, allegedly by members of Sur-13.

“They felt it was revenge for the event that occurred in August,” Amerling said, adding later that he did not feel the two events were connected. He did not testify as to whether law enforcement had any theories on how Sunday’s brawl started.

Amerling said he had “never seen such a concern for retaliation as we have since Sunday’s event.”

“There will be a heightened awareness this weekend,” he said. “I feel like this will not be laid to rest.”

Assistant District Attorney Juliet Aldridge told the judge that prosecutors were “concerned about the heightened feelings and worried about reprisals on both sides.”

Acosta’s attorney, Arturo Corso, said at 24, his client was old for a gang member and not heavily involved in gang activity.

Amerling testified that Acosta told him he had been a member of Sur-13 for seven years.

Corso said his client is a legal permanent resident who was born in Mexico and has lived in the U.S. since the age of 6. He said his client had a steady job, lived with his family and was not a flight risk or a risk for intimidating witnesses.

Corso also said Acosta, who suffered lacerations to the head, ran the risk of infection if he stayed in jail.

Aldridge, the prosecutor, noted that Acosta was cleared by hospital officials to be taken to the jail.

The judge sided with the prosecution.

“Out of an abundance of caution, I am not setting a bond,” Loggins said.

“I have greater concern for the community and the families, and I don’t want there to be further instances,” she said.

Three other suspects charged in the brawl were scheduled to seek bond Friday but waived their hearings and remain jailed.