WASHINGTON - The man charged in Saturday's murder of a 9-year-old boy was a known associate of the MS-13 gang, but investigators believe the motive was retribution for a thwarted robbery attempt and not gang violence, police Chief Cathy Lanier (web | news | bio) said Tuesday.

Josue Pena, 26, was arraigned Tuesday on a first-degree-murder-while-armed charge in the death of 9-year-old Oscar Fuentes, who was shot while inside his family's apartment in the 1400 block of Columbia Road in Columbia Heights Saturday night. The judge ordered Pena held without bond.

In court, prosecutors said five witnesses put Pena at the scene of the shooting. A sixth witness said he saw Pena going into his uncle's house Saturday night with a long-barreled gun, prosecutors added. A search of the uncle's house turned up a .22-caliber rifle -- with two spent shells -- that was hidden between a mattress and box spring, according to police.

Pena was arrested Tuesday morning in a Hyattsville building where he was sleeping. He had been working as a carpenter at a home in Northwest, where a plumber also working there said police grabbed, then released, Pena on Sunday.

"It was something about murder and he was like he didn't know what they were talking about," said the plumber, Scott Dickens. "They questioned him and he said they took his pants and his shirt and I said, 'Why they take your clothes?' I don't know, I guess he figured gunpowder or something." 

Above, Oscar Fuentes. Below, the bullet hole in the door.

At a news conference with Mayor Adrian Fenty and Councilman Jim Graham, Lanier declined to describe the evidence against Pena, but said he had attempted a couple robberies Saturday night and attempted to rob the Fuentes' family. The family fled the robbery attempt, running into their apartment and shutting the door, Lanier said. Pena followed the family up the steps and fired a shot through the family's door, fatally wounding Oscar, according to Lanier.

"On Saturday night, when 9-year-old Oscar Fuentes was shot and killed in his own apartment, the Metropolitan Police Department (web | news) made a promise to his mother that we would find the killer and bring him to justice," Lanier said. "Today we are here to announce we have fulfilled our promise."

"There are few crimes which have ever risen to the level of a heinous tragedy as much as this one," Fenty said at the news conference. "It is a combination of a young, innocent boy being in the exactly the place he should be, with his family, being gunned down by someone who could not have had less remorse, care and regard for a fellow citizen." 

"To shoot into an apartment, knowing there are people are inside, and not knowing how many people are inside and not knowing how many people might be standing there ... is to have to complete disregard for human life -- to be callous, brazen, a murderer," Fenty added.

Lanier said Pena is a known associate of the MS-13 street gang, but not a "documented, validated' member, according to police records. She that the investigation indicates that Pena frequented the Columbia Heights neighborhood where the crime occurred.

Residents of the apartment complex say while Pena's arrest is a relief, it doesn't make them feel safe and it doesn't bring Fuentes back.

"He was just a little boy," said Heydi Romero. "He had nothing to do with nothing, so I don't know how can this guy do this to him." 

Officials said the apartment building where Fuentes lived had more than 100 code violations, including front and rear doors that did not lock.

Watch the entire news conference

"The person who has been charged with this crime ought not to have been in the building," Graham said. "These doors should have been secure, and the fact of the matter: they were not. But we are going to fix all of this. We are going to make sure that this building, from this time forward, has quality of life for the residents...."

The mayor promised the police would stay until a broken security door is fixed, but with word the suspect associates with MS-13, other families in the building are fearful.

"They are scared to go to out. They don't feel safe," said Maria Arias. "Even myself, I don't feel safe." 

"If the owner does not take this responsibility, the city is going to rapidly move to fix all of this and of course he's going to get the bill.

Lanier noted at the news conference that the police department has closed five murder cases in the past six days, calling it "our commitment to turning this fight against violence in our city around."

"We are fed up," Lanier added. "With the help of the community, we are going to turn the violent, repeat offenders, bring them to justice, and put them in jail."

Pena is due back in court on Dec. 1.

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