Two San Antonio men have been sentenced to federal prison in connection with a gun theft and trafficking conspiracy. Alcapone Maximus Pena, 23, received a sentence of 70 months, while his co-defendant, Nathan Tyler Padilla, 27, was sentenced to 90 months. The charges and resulting sentences relate to activities that took place between January and October 2023.
According to court documents obtained by the U.S. Attorney’s Office, the pair were part of a scheme that involved breaking into vehicles, which they pinpointed for likely possessing firearms, and with the intent of moving those stolen guns into illicit markets. Pena’s residence when searched on October 25, 2023 yielded 14 firearms, and investigations linked him to at least 25-99 trafficked weapons. Padilla, was found through digital evidence to have been present during multiple thefts, sharing in the profits post-sale.
Charged in a seven-count indictment on November 15, 2023, Pena's charges included conspiracy to traffic firearms, possession of a machine gun and possession of stolen firearms. Padilla, with a previous conviction for evading arrest/detention with a vehicle, faced counts of conspiracy to traffic firearms and possession of ammunition by a felon. They plead guilty on January 7, leading to their recent sentences.
"This case highlights the importance of holding individuals trafficking in firearms accountable for their actions," Acting U.S. Attorney Margaret Leachman for the Western District of Texas said, "Each year, thousands of guns are stolen from vehicles in the San Antonio area, and then many of these are used to commit crimes, including violent crimes." Special Agent in Charge Michael Weddel of the Bureau of Alcohol, Tobacco, Firearms and Explosives Houston Division expressed similar views, acknowledging the collaborative efforts that led to the convictions and stated, "Our community is safer today because of the tireless efforts of our agency and our law enforcement partners," according to a statement from the U.S. Attorney’s Office.
The investigation was led by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), with Assistant U.S. Attorney Zack Parsons handling the prosecution. The case is part of Operation Take Back America, a Department of Justice initiative aimed at addressing illegal immigration, disrupting cartel activities, and enhancing public safety through increased coordination among federal agencies.
