Legal Opinion

Artist Des Sanchez Estrada Sentenced to 30 Years for Transporting Zines

This week’s comic-related rabbit hole is a somber one. I saw a Bluesky post about the sentencing of Texas tattoo artist Des Sanchez Estrada who was accused of transporting zines in his car. That post by Eisner-nominated author and artist Ryan Estrada (no relation) gained a lot of traction. He tells me he felt compelled to spread the word because “I am also a cartoonist named Estrada who makes comics about fighting fascism with my wife and join protests and banned book clubs.” After reading more about Des’ case, I too think it’s worth understanding because Des and others are being used as examples to any American who takes for granted their first amendment rights to protest our government, and their right to create or distribute art or information.

Daniel Rolando Sanchez-Estrada aka "Des"
Daniel “Des” Sanchez Estrada. Photo from FreeDes.com

The “Facts” of the Case

Last year, several individuals, including Des’ wife Maricela Rueda, attended what they maintain was supposed to be a peaceful “noise demonstration” at the ICE Prairieland Detention Center outside of Dallas. It started with chants and lighting fireworks, but things started to escalate. Individuals at the protest began to vandalize parked cars and an empty guard station. ICE officers called in the local police. An officer arrived and was shot (luckily survived). Some participants were arrested on site, others the next day. Des did not attend the protest.

After President Trump declared Antifa as a domestic terrorist organization the Department of Justice claimed these individuals were part of a North Texas Antifa Cell (Antifa Cell).

While incarcerated Maricela called Des. The call was recorded. According to Reason magazine she told Des to do “whatever you need to do” and “move whatever you need to move at the house.” Des complied. His car was stopped and searched. The U.S. District Court for Northern District of Texas Fort Worth described the contents “a box that contained numerous Antifa materials, such as insurrection planning, anti-law enforcement, anti-government, and anti-immigration enforcement documents and propaganda.” He was arrested and indicted with one count of “corruptly concealing a document or record.”

The Facts of the Case

The Trump Administration is making an example of this prosecution. The grand jury indictment declares Antifa is a terrorist organization with a goal to “overthrow of the United States Government, law enforcement authorities, and the system of law.” It’s a stretch to call individuals protesting the round-up and incarceration of migrants as a group wanting to overthrow the government, but here we are.

The sentencing of all the defendants related to the case is an exercise of government abuse. For instance, married couple Ines and Elizabeth Soto were charged and sentenced with 1) providing material support to terrorists, 2) conspiracy to use and carry an explosive, and 3) using and carrying an explosives. The facts are they had in their garage a commercial copy machine, paper cutting equipment and a book binder. According to the Fort Worth Star-Telegram, the prosecution couldn’t even prove that the printing press was used to print any of the anti-government zines, nor could they prove that the contents of the zines were not protected under the first amendment. The “explosives” used in two of the counts against them were fireworks. The two left the scene when the protest went out of control. For owning a printing press and lighting fireworks, Elizabeth was sentenced to 50 years. Her husband will be sentenced on July 1. They have one child.

The “Antifa materials” in the box Des was transporting included zines, illustrations, stickers, and tattoo flash sheets criticizing ICE and police. None of the items are against the law to create, distribute or transport. He was accused of doing the same thing that Waltine Nauta and Carlos de Oliveira did when they allegedly moved classified documents per Trump’s orders when Trump was on trial accused of hoarding classified documents. Had the case against Nauta and de Oliveira not been dismissed by Trump’s Justice Department and found guilty they would have likely faced 20 years under normal sentencing guidelines. Twenty years for moving classified documents. Des is facing 30 for zines and tattoo art.

Des and the others will appeal their conviction. It will be a long-shot to find relief in the current judiciary. Their likely relief will come only with a future pardon by a Democratic president. Until then, feel free to support Des. Visit Free Des! for more information about Des and his case. There is also a GoFundMe campaign to help pay his legal fees if you can help. As of this writing $52,233 has been raised for the estimated $80k needed.

You can also visit Support the Prairieland Defendants to learn more and I think printing and distributing zines to raise awareness of the defendants’ cases is an appropriate action to take.

Lastly, prior to Trump’s election there was a chorus of individuals who warned our first amendment rights in America would be attacked by his administration. “See I told you so” moments like this do not feel like victories.

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Comments 8

  1. This conviction is so obviously wrong, wrong, wrong that I’d expect it to be immediately overturned, but it’s sad that these days you never know. The articles I’ve read don’t say whether the ACLU is on the case, but I’d hope so. This would also be an ideal one for the Comic Book Legal Defense Fund to take up, or else why does it exist?

    1. I’ve been looking into the legal technicalities at issue in these convictions. Since we’re dealing with live cases, I’ve been holding off on explainers of the legalities and our next steps for the time being. Silence does not mean inaction; more often than not on such matters, it means that we’re doing serious research and don’t want to cause any problems down the line with public statements made before working through all aspects of the law. I will say that I’m in regular communication with other First Amendment groups, and this matter is receiving serious attention across the 1A community.

    2. The ACLU wouldn’t touch it because another person committed a crime with a gun on the scene. That’s what they said. I am absolutely disappointed that they wouldn’t defend the others charged without representing the shooter.

  2. It does not sound like he was doing anything illegal and should have the right to express himself or have materials that someone else might not approve of. It is against white supremacy, which should make sense to all as we are supposed to all be treated equally by American standards. It is supposed to be against authoritarian governments-we are supposed to be a democracy with freedoms other countries don’t all have, but by putting them in jail like this it sounds more like communism-to jail or get rid of any dissidents. That is actually scary to think our country would act that way. It is also against the extreme far right. I do not think any extremes are good- right or left and think our country needs to be more in the middle as I feel the extreme polarization is what will destroy us from within. Taking away rights of free speech is extreme. Any physical damage should not be allowed, but free speech should be.
    What are we so afraid of? As has been said, we should be afraid of fear itself. It feels like our government is trying to instill fear into anyone not agreeing with them so the ones making these rules -they themselves are afraid of not having the control they want or need. I may not agree with antifa, but as long as they hurt no one physically, they have the right to their beliefs. My dad died was killed in Vietnam as he believed in freedom and people not being oppressed. Many people over the course of our country’s life died for that right. We cannot take that right away or else we become the oppressors!

  3. How did they find judges so braindead as to pass such ludricrous judgments and sentences? Oh, right. Texas. Never mind.

  4. Meanwhile, in the UK, tech companies may be forced to promote “trusted” information sources, such as the State-controlled BBC, which has continually been called out over its institutional bias and misleading news coverage.

  5. Re: clocks striking 13 and ‘It can’t happen here’: Samizdat (Russian: самиздат, pronounced [səmɨzˈdat], lit. ‘self-publishing’), which, according to Wikipedia, was a key form of dissident activity across the Soviet bloc in which individuals reproduced censored and underground publications by hand and passed the documents from reader to reader.

    1. I write a zine (and I’m always stoked when I meet someone who knows the term samizdat), and I’m making another edition with statements of anyone who wishes to vocalize their support of Daniel and absolutely condemns this unconstitutional behavior.
      https://www.counterstorymedia.com/tnp
      pw: whiterose

      I print these and distribute in several cities in Virginia and have friends who distribute in some other cities… if you’d like to print some and distribute where you live, I’ll take all the help I can get.

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