The Federal Bureau of Investigation on Friday morning arrested a 22-year-old in the killing of Day’von Hann, a 15-year-old boy who was shot and killed on 24th Street last July.
Northern California U.S. Attorney Dave Anderson announced the charges today, alleging that Fernando Madrigal, an alleged member of the “San Francisco Mission District Norteños,” mistook Hann for a rival gang member, shot Hann on July 8, 2019, led police on a high-speed chase, and managed to get away.
Hann, Anderson emphasized, was an “innocent bystander” and not a member of a gang.
Anderson said the charge, “murder in the aid of racketeering with malice aforethought,” makes Madrigal eligible for the death penalty — though Anderson noted that proceedings are in the early stages and “allegations for a criminal complaint are just that — allegations,” and that Madrigal is presumed innocent until proven guilty.
The FBI and the San Francisco Police Department arrested Madrigal on Friday morning in San Francisco, although a spokesman declined to specify in which part of the city.
The feds are alleging that Hann’s death was the result of an ongoing battle for territory in the Mission District among three different gangs: the Norteños, the Sureños, and the so-called “Army Street Gang,” which allegedly operates in Bernal Dwellings, according to the U.S. Attorney.
“The team investigating this case pieced together footage from video surveillance cameras, Madrigal’s social media accounts, and forensic evidence and cell phone location data” to link Madrigal to the crime, Anderson said.
Some of the images the FBI obtained showed Madrigal showing off guns he owned, and in messages they obtained, he made references to being a Norteño.
Shortly after the shooting, Madrigal and fellow gang members drove several blocks away to Bernal Dwellings and fired a gunshot, the feds allege. Police then pursued them in a high-speed chase into San Mateo County, where they evaded the police.
Anderson emphasized that he did not want the charges to define the Mission District by gang violence. “The Mission District is a wonderful neighborhood … of children and young families and the elderly,” he said. “The Mission deserves safety and security just as much as other neighborhoods in San Francisco.”
In a criminal complaint against Madrigal unsealed today, the FBI presents a case that Madrigal allegedly killed Day’von Hann shortly after midnight on July 8, 2019, with an assault rifle he owned and showed off on Instagram days before the shooting. Madrigal allegedly fired several shots and struck Hann once near the corner of 24th and Capp streets. Hann died within 10 minutes of being shot, according to the complaint.
Following the shooting, Madrigal then allegedly drove his car to Bernal Dwellings and fired the same rifle, although he apparently did not injure anyone. When police sighted him, he allegedly led them on a high-speed chase, running multiple red lights and topping speeds of 120 MPH.
The FBI’s affidavit also notes that Madrigal showed up at a City Hall rally in late July, 2019, aimed at violence prevention legislation authored by Supervisor Shamann Walton. During the rally, Hann’s mother spoke, and Madrigal was quoted by SFWeekly saying that he had himself once been shot.
As an alleged member of the Mission District Norteños, the US Attorney alleges Madrigal’s killing of Hann was fueled by the Norteño gang’s animus toward the “Army Street gang,” which allegedly controls the area around Bernal Dwellings on Cesar Chavez Street, where Hann lived — though the 15-year-old was not associated with the gang.
“These rivalries—between Norteños and Sureños and between Norteños and Army Street—have resulted in acts of violence, including murders, attempted murders, drive-by shootings, stabbings, and beatings,” wrote FBI Agent Keigan Park in his August 10 affidavit presenting evidence against Madrigal.
In March, U.S. Attorney Anderson announced a grand jury indictment of 17 alleged MS-13 gang members for a rash of alleged shootings and beatings around the Mission District.