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ICE says MS-13 member charged in Queens subway shooting is undocumented

Posted at 12:15 PM, Feb 06, 2019
and last updated 2019-02-06 17:32:38-05

NEW YORK — A day after a suspected MS-13 gang member was officially charged in connection to Sunday's fatal subway-platform shooting in Queens, Immigration Customs and Enforcement officials confirmed he is undocumented.

ICE officials told PIX11 on Wednesday that Ramiro Gutierrez "is in the country illegally."

"He had no status," the representative said. "He entered without inspection, so we don't know when he came in or where."

The Department of Correction's inmate listing for Gutierrez says he is originally from El Salvador.

The 26-year-old is accused of shooting and killing 20-year-old Abel Mosso around 1 p.m. Sunday after fighting on a Manhattan-bound 7 train. Mosso is a suspected 18th Street gang member.

Gutierrez was taken into police custody on Monday and charged with murder, gang assault and criminal possession of a weapon Tuesday.

Referencing the incident during his State of the Union address Tuesday night, President Trump said "Just yesterday, an MS-13 gang member was taken into custody for a fatal shooting on a subway platform in New York City."

"We are removing these gang members by the thousands. But until we secure our border, they're going to keep streaming right back in," Trump said, using the gang shooting to bolster his continued call for a border wall.

Authorities are still looking for two people of interest in connection with Sunday's subway shooting.

One is described as 30 to 35 years old, last seen wearing a dark color hat, red scarf, dark sweatshirt, dark pants and white sneakers.

The second man is 30 to 35 years old, slim build, and was last seen wearing a gray hoodie sweat shirt, black pants, and black sneakers.

Submit tips to police by calling Crime Stoppers at 1-800-577-TIPS (8477), visiting http://www.nypdcrimestoppers.com, or texting 274637 (CRIMES) then entering TIP577. Spanish-speaking callers are asked to dial 1-888-57-PISTA (74782).