On September 29, 2025, Wilson Sonsini obtained a significant win on behalf of a pro bono client accused of robbery and conspiracy when the U.S. Government voluntarily dismissed his indictment in the matter of U.S. v. Barksdale, et al.
The firm’s client, Jose M., is a car mechanic who lives with his elderly mother in a New York City public housing development. Last spring, he was arrested by the FBI and charged in the Eastern District of New York with Hobbs Act robbery and conspiracy. The government alleged that Jose and an accomplice robbed a Brooklyn bodega clerk at gunpoint to steal the store’s ATM machine. Wilson Sonsini was appointed to represent him at arraignment under the Criminal Justice Act.
The complaint painted a daunting picture, with eyewitness testimony, surveillance videos, and phone records allegedly linking Jose to the crime, and Jose was detained without bail.
However, despite what initially looked like a strong case against him, Jose maintained his innocence. The Wilson Sonsini team representing Jose dug deeply into the discovery: surveillance videos, bodycam footage, phone records, cell-site data, and forensic evidence. The team also retained a private investigator who located the bodega clerk in Virginia. The clerk ultimately recanted his claim that a gun was brandished—an essential element for federal jurisdiction.
Following extensive discussions, Wilson Sonsini persuaded the prosecutor and his supervisors that not only was this was not a federal case, but that Jose was not involved at all. This past summer, the government agreed to Jose’s release on bond, and on September 29, they moved to dismiss the indictment entirely—a motion granted by the court.
The Wilson Sonsini pro bono team that represented Jose M. in the matter included Moe Fodeman, Isaac Gorenstein, Sarah Mosisa, and Anthony Geritano.