DENVER -- A federal judge ruled Thursday that the Fort Carson staff sergeant who was at a Colorado Springs illegal nightclub during a large-scale federal raid last month and arrested days later on suspicion of cocaine distribution is eligible for release — but not for at least one more day.
Staff Sgt. Juan Gabriel Orona-Rodriguez, 27, is facing one federal count each of distribution and possession with intent to distribute cocaine and conspiracy to distribute cocaine. Court records show that Orona-Rodriguez's alleged offenses started no later than Sept. 16, 2024, and continued through at least April 9.
Court records also show Orona-Rodriguez worked as armed security at the nightclub, identified as Warike. The early morning raid on April 27 resulted in 104 arrests, according to the Drug Enforcement Administration.
With his feet and hands shackled, Orona-Rodriguez heard arguments during a hearing in U.S. District Court about whether he should be released from jail and, if so, on what conditions.
The result of Orona-Rodriguez's urine analysis test was revealed in court Thursday. Prosecutor Peter McNeilly used the results, which were positive for cocaine, as an argument for his continued detention. McNeilly said he was concerned about the results because they were in conflict with what Orona-Rodriguez initially told law enforcement.
In addition, McNeilly argued his release would be a threat to public safety because of Orona-Rodriguez's involvement with the nightclub, including the alleged sale of a firearm to an illegal immigrant as stated in his affidavit.
Orona-Rodriguez's defense attorney Stephanie Snyder started her argument by telling U.S. Magistrate Judge Susan Prose more about her client personally.
Orona-Rodriguez grew up in Puerto Rico, Snyder said, in a single-parent household. Snyder noted his mother flew to Colorado for Thursday's hearing out of concern for her son. Alongside his mother sat his two siblings, who drove from Texas, and a friend from Fort Carson. His wife, who made a brief appearance during his preliminary hearing last week, was not present Thursday.
Orona-Rodriguez attended college briefly before deciding to enlist in 2016, Snyder said. His deployments have sent him all over the world, and his service has yielded several awards.
With concerns over releasing Orona-Rodriguez back to his wife — who worked at the illegal nightclub alongside his mother-in-law — Snyder informed Prose that both the friend from Fort Carson and Orona-Rodriguez's uncle have offered a place for him to stay.
Noting the positive cocaine test result, Snyder said it is not uncommon for someone who is selling drugs to then use them themselves. However, if sent to a halfway house, Orona-Rodriguez would be required to submit to drug tests.
Near the end of the hearing, McNeilly appeared to shift his argument from detention to what the conditions of release should look like.
After a brief recess, Prose ruled detention was not appropriate. She cited his lack of significant criminal history and his "many honorable years to the United States."
On her ruling, Orona-Rodriguez's family appeared excited. Before the ruling, they were seen crying and comforting each other.
Prose addressed the family, asking them to be "a source of strength for him," and encourage Orona-Rodriguez to comply with the conditions of release.
Prose added two conditions: a curfew of 9 p.m. and GPS monitor because of concern he may be a flight risk.
Orona-Rodriguez will remain in Jefferson County jail for at least one more night. He's scheduled to appear in front of another judge Friday morning for a release hearing. He is anticipated to spend time at a halfway house after his release.
The Fort Carson soldier is still facing federal charges despite his release from custody. Failure to appear for his upcoming hearings or follow the conditions of his release will have consequences, Prose said, including the possibility of detention and additional criminal charges. Prose added she has "faith" he will abide by the conditions.
As part of his release, Orona-Rodriguez can continue to work, but what he does for work is at the direction of Fort Carson.
Orona-Rodriguez was one of 17 soldiers at the nightclub during the early morning raid — among around 200 partygoers, officials said. He previously received counseling from his commanding officer at Fort Carson to discontinue his work through the company Immortal Security, where he was alleged to be in a leadership position, according to his arrest affidavit.
It remains unclear what punishment, if any, Fort Carson is may impose on Orona-Rodriguez. McNeilly told the court he will be processed for administrative separation, but that the process isn't anticipated to start for "at least" another six weeks. Starting the process does not mean Orona-Rodriguez will immediately be kicked out of the Army, McNeilly said.
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