‘Activist’ San Diego judge frees Machete-wielding MS-13 executioner known as ‘the witch’

 A federal judge in California has ordered the release of a machete-wielding MS-13 gang member, David Antonio Aviles Perez, despite him facing serious charges in his home country of El Salvador. This decision has sparked controversy and raised concerns over public safety.

Background: David Antonio Aviles Perez, also referred to as “the witch,” is a 35-year-old gang member caught by ICE agents in April 2026 on an international warrant for aggravated murder. He is wanted in El Salvador for a violent gang killing in 2014.

Judicial Decision: Federal Judge Jinsook Ohta ordered Aviles Perez's release from detention unless authorities could prove he was a danger to the community or a flight risk, which was required under law. His release became effective the day after the ruling.

Law Enforcement Response: A federal official criticized the judge, stating that such decisions empower “activist judges” and endanger community safety. There are claims that this case reflects broader issues with judicial rulings on immigration-related detentions.

Criminal Record: Aviles Perez has a history of violence, including a past arrest in the US for assault with a deadly weapon when he attempted to attack a man with a machete. Despite his arrest, he was released under California's sanctuary laws prior to his ICE detention.

Charges in El Salvador: In December 2022, he was sentenced to 20 years for aggravated homicide linked to a gang murder, where he and accomplices killed a victim in El Salvador by shooting him multiple times during a gang rivalry.

Release of Another Individual: Simultaneously, another judge, Linda Lopez, released a convicted murderer, Luis Valle, from ICE custody, highlighting continued concerns regarding the handling of violent offenders within the legal system.

The release of David Antonio Aviles Perez has prompted criticism over judicial decisions that allow violent offenders to return to communities while still facing serious criminal charges in their home countries. This situation has raised alarms about the implications for public safety and the effectiveness of current immigration law enforcement.

https://nypost.com/2026/09/04/us-news/san-diego-judge-releases-ms-13-gang-member-wanted-for-murder/