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November 13, 2009

Trio arrested on gang charges

Mark Millican

Two men and a woman who live in Dalton are in custody at the Whitfield County Jail after being arrested on Thursday on street gang charges and other offenses by the sheriff’s office.

Jose Eduardo Arevalos, 28, of 625 Fourth Ave., was charged with theft by shoplifting, obstruction of an officer, criminal trespass, criminal street gang activity, fleeing to elude, no driver’s license, failure to obey a traffic signal, too fast for conditions and improper parking.

Diem My Dinh, 29, of 916 Vernon Ave., was charged with criminal street gang activity and unlawful operation of a vehicle. Francisco Elias Juan, 17, of 203 N. Fredrick St., was charged with theft by shoplifting, obstruction of an officer, criminal trespass and criminal street gang activity.

“Apparently these young people shoplifted from a store and fled in a car driven by Arevalos,” said Capt. Rick Swiney with the sheriff’s office. “(Arevalos) had stolen from the store before and was told not to come back. Dinh was part of the group but did not take part in the shoplifting, but let Arevalos drive her vehicle.”

All three were still in custody Friday afternoon. Arevalos and Juan have scheduled appearances in Superior Court on Tuesday for a bond hearing, although Arevalos is on an Immigrations and Customs Enforcement (ICE) hold. Dinh was born in Georgia and could be released on a $5,000 bond. A clerk of court spokeswoman said an arraignment date for her would likely take place on Feb. 5.

Juan was born in Mexico but is a legal permanent U.S. resident, officials said.

“(Juan) has no felony convictions, so ICE will not be able to place a hold (on him) until he is convicted,” Swiney said.

Tim Everhart, an ICE special agent with the Dalton office, said Juan’s permanent legal status could be revoked with a felony conviction such as criminal street gang activity.

“He would be subject to removal proceedings,” he said, “but it would be determined by an immigration judge.”

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