According to Director Taylor, Danni Rivera, 28, of Rahway, the alleged leader of the Ñetas in Perth Amboy, and David Santana, 21, of Perth Amboy, were charged in a state grand jury indictment with kidnapping (1st degree), conspiracy (2nd degree) and aggravated assault (2nd degree). Santana was also charged with unlawful possession of a weapon (2nd degree), possession of a weapon for an unlawful purpose (2nd degree) and terroristic threats (3rd degree).

The indictment, which was returned late yesterday afternoon, supersedes an April 20, 2010 indictment that charged Santana and two other men, Oswaldo Santillan Jr., 20, of Perth Amboy, and Hector Montoya-Garay, 22, of Perth Amboy. Santillan pleaded guilty on May 16, 2011 to first-degree kidnapping and faces a prison sentence of up to 30 years, 85 percent of which must be served without parole under the No Early Release Act. Montoya-Garay pleaded guilty on March 18, 2011 to third-degree criminal restraint and faces up to five years in prison.

The indictment stems from a joint investigation by the Division of Criminal Justice and the Perth Amboy Police Department, conducted with the assistance of the Middlesex County Prosecutor's Office, Carteret Police Department and U.S. Marshals Service.

“We charge that Danni Rivera ordered this brutal abduction as a leader of the Ñetas in Perth Amboy,” said Attorney General Dow. “If convicted of kidnapping, he would face a sentence of up to 30 years in state prison.”

“We will continue to work closely with our local, county and federal law enforcement partners to target the leaders of the street gangs that are bringing violence to our communities,” said Director Taylor. “This was an excellent cooperative investigation.”

The investigation revealed that the victim had gotten into trouble with Rivera. It is alleged that Rivera, as local leader of the Ñetas, ordered the other three defendants to carry out the kidnapping. In pleading guilty, Santillan admitted that he and Santana ambushed the 18-year-old victim at a house in Perth Amboy on Dec. 5, 2009, forcing him into a van driven by Montoya-Garay. Santillan admitted that he and Santana beat the victim inside the van and outside at a remote location. The victim suffered a broken nose, black eyes, cuts and other injuries. Santillan said the defendants then took the victim to a motel in Sayreville, where they held him at gunpoint and threatened to kill him. The victim escaped after Santillan and Santana departed, leaving Montoya-Garay to guard him. The next day, Montoya-Garay falsely reported the van stolen to the Perth Amboy Police Department.

A woman, Isis Rivera, 26, of Perth Amboy, was charged by the Middlesex County Prosecutor’s Office in connection with this case. She was charged with hindering apprehension for harboring Santillan in her residence after he was charged with the kidnapping and was being sought as a fugitive. She was admitted by the court into the Pre-Trial Intervention Program on Sept. 29, 2010.

Deputy Attorney General J. Michael Wicke presented the case to the state grand jury and took the prior guilty pleas. The investigation was conducted and coordinated for the Division of Criminal Justice Gangs & Organized Crime Bureau by Deputy Attorney General Wicke, Sgt. Keith Stopko, Lt. Richard Nocella and Detectives Tim Savage, Edward Augustyn, Scott Caponi, Cortney Lawrence and Richard Aitken; and for the Perth Amboy Police Department by Lt. Phil Terranova, Sgt. Joseph Breyta and Detectives Carl Graham, Mabner Terron, Carlos Rodriguez, Mohamed Mohamed, Jessica DeJesus, R.B Harris, Chris Joy and Sandra Rivera.

The first-degree kidnapping charge carries a maximum sentence of 30 years in state prison and a $200,000 fine. Second-degree crimes carry a maximum sentence of 10 years in state prison and a $150,000 fine. The kidnapping and conspiracy charges carry a mandatory period of parole ineligibility equal to 85 percent of the sentence imposed under the No Early Release Act. The weapons offenses carry a mandatory period of parole ineligibility equal to one-third to one-half of the sentence imposed. Third-degree crimes carry a maximum sentence of five years in state prison and a $15,000 fine.

The indictment is merely an accusation and the defendants are presumed innocent until proven guilty. The indictment was handed up to Superior Court Judge Pedro J. Jimenez Jr., who assigned the case to Middlesex County.