Preventive detention without bail for Kelvin León, an alleged member of the Tren de Aragua, was ordered by the U.S. District Court for the District of Columbia by the corresponding prosecutor, who faces federal and local charges for possession and use of firearms.
The prosecution seeks León’s detention on the grounds that he poses a significant danger to the community and faces a severe flight risk due to his immigration status and lack of community ties.
The main charges against León include possession of a machine gun and illegal discharge of a firearm. The government detailed the facts before the court, including the recovery of the weapon and the defendant’s confession regarding its possession and use.
Kelvin León was arrested on July 25, 2025, because he allegedly violated several federal and District of Columbia laws. A criminal complaint filed on September 4, 2025, formalizes the charges against the defendant.
Government Memorandum Supporting Preventive Detention
On September 17, 2025, the U.S. government requested preventive detention without bail for Kelvin León, claiming he poses both a significant danger to the community and a serious flight risk. This request was based on the charges brought against the defendant, including possession of a machine gun and illegal discharge of a firearm. He is presumed to be a member of the Tren de Aragua.
The central evidence is the discovery of a “ghost gun”—a privately manufactured and untraceable firearm—at his residence, modified with a conversion kit to function as a fully automatic machine gun. León confessed to purchasing and modifying the weapon, as well as firing it into the air from his apartment window to scare off individuals.
The prosecution of the District of Columbia argues that this reckless and dangerous behavior, combined with the nature of the weapon, makes him a direct threat to public safety. Additionally, the flight risk posed by Kelvin León is due to his irregular immigration status. His Temporary Protected Status (TPS) has expired, and he faces a pending immigration detention order, reducing his incentive to appear in court.
Accusations and Context of the Incident
Kelvin León faces multiple federal and District of Columbia charges following his arrest on July 24, 2025. The detailed charges are as follows:
- Possession of a Machine Gun: Violation of 18 U.S.C. § 922(o).
- Possession of an Unregistered Firearm: Violation of 26 U.S.C. §§ 5845(a), 5861(d) and 5871.
- Endangerment with a Firearm (Public Place): Violation of D.C. Code § 4503(a)(2)(B).
- Illegal Discharge of a Firearm: Violation of D.C. Code § 4503.01.
The maximum penalties for the two main federal charges are up to ten years in prison each.
Timeline of Events
1. July 14, 2025: The Metropolitan Police Department (MPD) received an anonymous tip about an individual shooting a firearm into the air from the apartment “101.” The caller described the shooter as a Hispanic man in his 20s, of slender build, with a bowl haircut and multiple tattoos on his chest.
2. Investigation and Search Warrant: Investigator Kelemen of the MPD contacted the informant and, after further investigation, obtained a search warrant for the residence located at 2400 Marion Barry Avenue SE, Apartment 101, Washington, D.C.
3. July 24, 2025: Members of the MPD’s Violent Crimes Suppression Division executed the warrant. Two individuals, including Kelvin León, were taken into custody without incident.
Seized Evidence
During the search of the apartment, authorities found the following items in one of the bedrooms:
Firearm: a privately manufactured firearm (PMF or “ghost gun”) assembled from a “Polymer80” kit, with no serial number. It was a semiautomatic 9 mm pistol.
Modification: the firearm was equipped with a Machine Gun Conversion Device (MCD), which allowed it to fire automatically, capable of discharging multiple rounds with a single trigger pull.
Ammunition: the weapon contained a magazine with fifteen rounds.
Identification: in the same room, a sling bag containing multiple identification and bank cards in Kelvin León’s name was found.
Confession of the Defendant and Key Evidence
Following his arrest, Kelvin León, after voluntarily waiving his Miranda rights, made the following admissions:
- Reason for the shooting: he stated that two men were “bothering” him with motorbikes parked in front of the building.
- Action taken: he admitted to pulling out his weapon through the window and firing once “into the sky” to scare them.
- Acquisition of the weapon: he confessed to having bought the weapon approximately three weeks before the interview.
- Acquisition and installation of the MCD: he stated that he purchased the conversion device a week after acquiring the gun and installed it himself by watching instructional videos on YouTube. He demonstrated knowledge of the device’s function and capabilities.
Authorities confirmed that Kelvin León held no license, registration, or federal permit for the firearm or the conversion device. The government considers the weight of evidence against him to be overwhelming, given the combination of the physical evidence recovered and his detailed confession.
The government categorizes the crimes as extremely serious since this is not merely possession of a firearm, but a “ghost gun” that has been transformed into a “war weapon” through an MCD. This modification enables the discharge of all fifteen rounds in the magazine automatically, posing an immense danger to the community.
Although León has no prior arrests, the government focuses on his immigration status as a determining factor for the flight risk. He entered the U.S. from Venezuela in July 2022 and was granted Temporary Protected Status (TPS), which has since expired. At the time of his arrest, there was an outstanding immigration detention order against him.
The government asserts that León has few or no ties to the local community. He has no known employment, family in the area, or other significant connections within the District, where he has resided for just over three years.
The government concluded that Kelvin León has proven to be an “obvious and articulable threat to the community,” and that his release, under any condition, would not ensure public safety.
For these reasons, the prosecution requested the court to issue an order for Kelvin León to be detained without bail while awaiting trial.
Order of Arrest Without Bail
On September 11, 2025, Magistrate Judge Matthew J. Sharbaugh of the U.S. District Court for the District of Columbia presided over Kelvin León’s initial appearance following his arrest. The court informed the prosecution of its due process obligations, appointed an attorney, and notified the defendant of his right to Consular Notification, which he accepted.
The judge scheduled a detention hearing for September 18, 2025, at 1:30 p.m. before Magistrate Judge Zia M. Faruqui. Defendant’s Bail Status: The defendant remains detained without bail. Sharbaugh ordered Kelvin León’s detention without bail.
Criminal Complaint Against Kelvin León
On September 4, 2025, Officer Nobi Thomas presented a criminal complaint against Kelvin León before Judge Michael Harvey of the U.S. District Court for the District of Columbia, allegedly linked to the transnational criminal organization, Tren de Aragua.
León is charged with serious federal and local offenses, including possession of a machine gun and illegal discharge of a firearm in a public place on July 25, 2025. The case combines U.S. federal jurisdiction with local law from the District of Columbia.
Kelvin León is charged with:
| Charged Offense | Legal Basis (Code) | Jurisdiction | Crime Description |
|---|---|---|---|
| Possession of a Machine Gun | 18 U.S.C. 922(o) | Federal | Prohibits possession of machine guns by civilians. |
| Possession of an Unregistered Firearm | 26 U.S.C. 5845(a), 5861(d), and 5871 | Federal | Punishes possession of certain types of firearms that have not been registered with federal authorities, per the National Firearms Act (NFA). |
| Endangerment with a Firearm (Public Place) | 22 D.C. Code, Section 4503.03(a)(2)(B) | Local (D.C.) | Sanctions the act of endangering others through the use of a firearm in a public space. |
| Illegal Discharge of a Firearm | 22 D.C. Code, Section 4503.01 | Local (D.C.) | Criminalizes the act of discharging a firearm without legal justification within the jurisdictional limits. |
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