Feds won’t seek death penalty for 2 Bandidos members accused of killing rivals in Houston gang war
By John Wayne Ferguson ,Houston Chronicle Staff August 22, 2025
https://www.houstonchronicle.com/news/houston-texas/article/bandidos-rival-biker-gang-war-death-penalty-20869785.php
Two members of the Bandidos biker gang accused of waging a deadly war in Houston against a rival group will not face the death penalty, according to court records.
On Aug. 13, prosecutors notified Judge Keith Ellison that they would not seek the death penalty against David Vargas and Roy Gomez, two of the 14 alleged gang members who were indicted in a organized crime case earlier this year.
Vargas and Gomez faced some of the most serious charges in the sprawling indictment, which accuses the men of killing and assaulting members of the Brothers East biker gang to take control of territory around the Houston area.
Brothers East, or B*EAST is another biker gang that was once tolerated by the Bandidos, one of the oldest outlaw motorcycle groups in the U.S. The groups’ relationship soured however and eventually devolved into armed conflict, according to federal prosecutors. Since 2020, Bandidos have been under orders to kill or assault B*EAST members on sight, according to the indictment.
Vargas is accused of murder in aid of racketeering and using a firearm during a violent crime resulting in death. He is accused of killing Michael John Zimbrich, a member of the Brothers East biker gang in November 2021 outside the Blue Bayou Cafe in east Harris County.
Gomez is also charged with using a firearm during a violent crime resulting in death. He is accused of shooting and killing Adam Burns, another B*EAST member, in September 2020.
The men still face possible life sentences if they are convicted.
Decisions about seeking the death penalty in federal cases are not made solely by local prosecutors. Death-penalty eligible cases are reviewed by a capital review committee at the Justice Department, which makes a recommendation to the U.S. Attorney General Pam Bondi on whether the harshest penalty will be sought. The decision to seek the death penalty is ultimately made by Bondi.
Since taking office, Bondi has authorized prosecutors to seek the death penalty against 19 people — far more than her predecessor, Merrick Garland, who approved just one death penalty case during his four-year tenure.
Federal prosecutors haven’t said if they intend to seek the death penalty against one other indicted Bandido, John Pfeffer, who they allege was the leader of the faction that targeted B*EAST members. Pfeffer is also accused of murder in Burns’ death.
Eleven other men were indicted on charges that don’t carry a possible death penalty, including racketeering, assault, witness tampering, distributing cocaine and illegal weapons possession.
Most of the indicted men are being held in federal custody until the case reaches trial. All 14 men are scheduled to go on trial together in October, though next week a judge will hear arguments from lawyers who are seeking to delay proceeding until 2026.
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