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OGDEN — An injunction that limits the activities of members of the gang known as "Ogden Trece" was overturned Friday, but officials in Weber County say the fight is far from over.
The injunction had been made permanent in August 2012 when a 2nd District Court judge ruled it necessary to abate gang activity in the area. Under the injunction, the 315 to 500 members of the gang were prohibited from gathering within a 25-square-mile "safety zone," which blanketed much of Ogden.
According to the injunction, suspected members of the gang were prohibited from associating with each other within an area in the city limits. It included a ban on driving, sitting or even appearing together with other gang members, whether or not they were involved in any criminal activity.
"I couldn't be caught out in public with my own brother," said Chase Aeschlimann.
Aeschlimann said he was never a member of the Ogden Trece gang, but he claims he was named in the injunction. He said the Friday court ruling was great news for him.
"Really, I wanted to jump for joy," he said.
The court injunction, in effect since 2010, was an attempt to curb gang activity in the area. Weber county officials said it had worked.
"We could show a 75 percent drop of caseloads," said Deputy County Attorney Branden Miles. "And that was in all different crime areas."
The ACLU said the ruling is a victory for civil rights. Legal Director, John Mejia, said the wording of the injunction was far too broad and it didn't require any real proof to determine who was a gang member, other than what the Ogden Police Department claimed. Mejia said the injunction is reminiscent of what would happen in a police state.
At the end of the day, this isn't the courts finding that these are gang members and they're dangerous. This is the police claiming that you're a gang member, and you have to go to court and disprove it.
–John Mejia, Legal Director
"At the end of the day, this isn't the courts finding that these are gang members and they're dangerous," Meji said. "This is the police claiming that you're a gang member, and you have to go to court and disprove it."
The Utah Supreme Court declared that while Trece could be considered an unincorporated association, the Weber County Attorney's Office did not meet due diligence requirements to serve a leader of the group before serving the suit by publication. However, Weber County officials said they're also encouraged by the ruling.
Miles said that providing the necessary amount of evidence would be an easy fix.
"We can go back and we can put on the record all of the things that we have done to try and identify shot-callers within Ogden Trece," Miles said.
Miles said he is very pleased they can still go after the gang. He said the other side tried to claim it was illegal for a street gang to be sued under Utah law.
"The Supreme Court, in its opinion, very clearly said, 'Yes, you can sue a criminal street gang and subject them to an injunction,' " Miles said. "That part of the ruling is very clear."
Prosecutors will go over the ruling during the weekend to see what exactly needs to be changed in prosecuting gang members. Miles said they'll file another injunction against the gang when they can.
Contributing: Mckenzie Romero and Ashley Kewish
