The suspect in the $100M jewelry heist was allowed to walk free instead of going to trial

Federal immigration authorities have approved a $100 million jewelry robbery suspect’s retaliation, allowing him to avoid prosecution and possible prison time.

Jason Nelon Presilla Flores, 42, was one of seven people indicted last year for following an armored truck to a California highway rest stop and stealing diamonds, emeralds, gold, rubies and designer watches in July 2022, in what is believed to be the largest jewelry heist in American history.

Flores was facing up to 15 years in federal prison if convicted of conspiracy to commit embezzlement and embezzlement. He denies the charge.

US Immigration and Customs Enforcement deported Flores late last month after he requested voluntary departure, prosecutors said in court filings.

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The jewels the suspects stole are looking for answers from the immigration authorities.

“When a defendant in a grand theft case leaves the country before trial, the victims are left without answers, without resolution, and without closure,” Jerry Kroll, a lawyer for some of the jewelry companies, told the Los Angeles Times.

Flores’ attorney, John D. Robertson, proposed that the charges against his client be dismissed, asking that the charges be permanently dismissed and the case closed.

Federal prosecutors said they still want to try Flores in court, asking that the charges be dismissed “without prejudice” to allow for future criminal prosecutions.

While Flores is a legal citizen and out on bail, he was transferred to ICE custody in September, according to court filings. Federal prosecutors said they did not know he was in immigration detention.

Robertson argued that this violated his client’s rights to a criminal prosecution and agreed to his motion to dismiss.

US Immigration and Customs Enforcement deported Jason Nelon Presilla Flores late last month after he requested voluntary departure. (Getty Images)

Flores requested deportation to Chile during an immigration hearing on Dec. 16, according to court documents. The judge denied his request for voluntary departure but issued a final order of removal.

He was then deported to Ecuador.

“Prosecutors should allow the immigration process to operate independently while criminal charges are pending,” federal prosecutors wrote in their opposition effort to dismiss the case. “That’s exactly what they did in this case – unintentionally for the benefit of the defendant because now he will avoid a trial, and any possible conviction and sentence, unless he returns to the United States.”

Immigration officials used to inform prosecutors of what happens if a criminal defendant is convicted of trespassing. In minor cases, the accused may sometimes choose to withdraw rather than face prosecution.

Former federal prosecutor Laurie Levenson said what happened in the Flores case was unusual, especially given the importance of the case.

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Federal prosecutors say they still want to try Jason Nelon Presilla Flores in the case. (Immigration and Customs Enforcement)

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“It’s beyond me how they’re going to deport him without prosecutors … having a conversation,” Levenson told the Associated Press. “Surely this was the left hand, I don’t know what the right hand is doing.”

The jewelry heist was committed in July 2022 after the suspects rammed Brink’s tractor trailer leaving an international jewelry show near San Francisco with several bags of jewelry, according to the lawsuit. Victims reported losses of more than $1 billion, but Brink’s said the stolen items were worth less than $10 million.

According to the lawsuit filed by the security company, one of the drivers was sleeping inside the car and the other was taking food from the bus stop when the thieves broke in.

The Associated Press contributed to this report.