OGDEN -- Another former gang member has convinced a judge of his former status to have his name taken off the Ogden Trece Injunction.
Santiago Boney, 33, activated the "opt out" clause in the Trece injunction. leading to 2nd District Judge Ernie Jones ruling he was no longer a Trece.
Officials said Boney is the second Trece to opt out of the injunction. The first was Leland McCubbin, whose removal from the injunction was approved by Jones in April.
In his opt-out motion, Boney wrote he is no longer affiliated with Trece. He said he left the gang in 2002, which included taking a beating, or "getting jumped out," the gang world's version of opting out.
The Weber County Attorney's Office reviews the opt-out requests, which includes background checks, and such things such as verifying employment, as well as consulting with the Ogden-Metro Gang Unit. The major requirement to be met is an absence of gang-related crimes for three years.
Boney's opt out came one day after Jones ordered the injunction changed from preliminary to permanent status, the biggest legal hurdle to date for the almost two-year-old injunction. Trece lawyers said they would appeal to the Utah Supreme Court, with the Utah ACLU chapter expected to join, although a decision could be a year away.
A first for Utah, the injunction bans Treces from associating with each other in public, or even being in the vicinity of guns, drugs or alcohol in public. It also sets an 11 p.m. curfew for Trece members.