Gang Expert Witness Testimony

David Lee Windecher is a qualified defense Gang Expert witness for hire on the subject of criminal street gangs. A Criminal Street Gang is an organization, association, or group of three or more persons associated in fact, whether formal or informal, which engage in criminal street gang activity. 

David’s testimony, as to criminal street gangs, is rooted in his personal experience as a former member of the Almighty Latin King Nation (Miami Chapter) and from working with current and former gang members through his restorative justice non-profit organization. David’s testimony has been referenced by the Georgia Court of Appeals in State of Georgia v. Lopez (A19A0527).

Given his past expereince, David is well versed in the culture and activities associated with nationally renowned criminal street gangs. David is fully educated in street gangs such as the Bloods, Crips, Gangster Disciples (aka GDs), Black Mafia Family (aka BMF), Folk Nation and Mara Salvatrucha (aka MS-13), as well as smaller organizations that operate at the local level. His knowledge extends into an organization’s origin, culture, activities, membership procedures, hierarchy structure, code of conduct, graffiti symbols and tattoo markings; as well as how an organization conducts its activities which includes the “authorizing” of gang-related actions as well as the consequences attached to independent non-gang-related actions performed by affiliated gang members.

David has the knowledge and experience to assist defense attorneys in dismantling the nexus required in criminal street gang prosecutions by testifying before a judge or jury to help explain the difference between crimes committed by affiliated gang members (that further the interest of a criminal organization) or crimes committed that are independent rogue acts by affiliated gang members (that do not further the criminal organization’s interests.) David will testify that being an affiliated gang member is not against the law in and of itself. David will also exclusively testify on behalf of individuals or organizations charged with criminal street gang offenses under criminal street gang statutes and will not testify for law enforcement agencies or prosecutorial offices.

The Criminal Street Gang Act 

The Criminal Street Gang Act is violated only when an affiliated gang member commits a crime that furthers the interest of the criminal organization. The prosecuting official must establish a probative connection between gang affiliation and organizational interests, otherwise the charges should not result in a conviction of the criminal street gang act.

Criminal street gang prosecutions require the prosecuting official to establish three elements beyond any reasonable doubt 

  • The charged individual is an affiliated gang member

  • The charged individual committed a predicate act under the criminal gang activity statute

  • The predicate act was intended to further the interests of the criminal street gang organization

As a gang expert witness, David’s role is to explain to the jury the hierarchy and psychology of being in a gang as well as how to translate the Criminal Street Gang Act as it pertains to the specific case. 

For more information on hiring David as a Gang Expert witness for your case, contact him today. 

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