Humberto Diaz, an illegal alien from Honduras residing in Wallace, pleaded guilty to conspiring to commit Hobbs Act robbery, and aiding and abetting the use of a firearm in furtherance of a crime of violence. He is the second man to plead guilty in the incidents.
A federal grand jury returned a criminal indictment on Aug. 6. The guilty plea was entered in federal court Monday.
The Hobbs Act prohibits actual or attempted robbery or extortion affecting interstate or foreign commerce “in any way or degree.” Although originally enacted in the 1940s to combat racketeering in labor-management disputes, the extortion statute of the Hobbs Act is frequently used in connection with cases involving public corruption, commercial disputes and corruption directed at members of labor unions.
On Nov. 15, 2008, Diaz and co-defendant, Ever Jose Contreras, entered the Your Convenience Store No. 3 in Wallace. Diaz approached the counter and pulled a knife, demanding all the money from the register. Contreras took $320 from the register drawer, before both men fled.
Just eight days later, on Nov. 23, 2008, Diaz, along with co-defendants Contreras, Jose Leonel Matute and Daniel Edgardo Rodriguez, entered the Your Convenience Store No. 755 in Burgaw. While a fourth co-defendant, Axel Contreras, waited in the car performing look-out, Diaz and Ever Contreras went to the back of the store, where they encountered one of the business’ patrons.
Diaz removed a .22-caliber revolver from his pocket, pointed it at the customer and demanded his wallet. Ever Contreras held a knife to the customer and Diaz fired one round from the gun in the direction of the customer’s head.
At the same time, Rodriguez and Matute were at the front of the store demanding the clerk remove all the money from the register. After taking $50 from the register, the defendants fled the store, hopped into the car and sped away.
Diaz’s guilty plea Monday is the second in the case, with Ever Contreras entering a guilty plea to the same charges last year. Both men face life in prison for their roles in the robberies.
Diaz is scheduled to be sentenced on May 3.
For the conspiracy charge, he faces a maximum penalty up to 20 years imprisonment followed by up to three years supervised release. For the charge of aiding and abetting the use of a firearm during a crime of violence, the maximum penalty is life imprisonment consecutive to any other prison term imposed, followed by up to five years of supervised release. Each conviction also carries a fine of up to $250,000.
Ever Contreras, 22, an illegal alien from Honduras and known gang member, pleaded guilty to the same firearm and conspiracy to commit robbery charges in October. He is also awaiting sentencing, with the same possible fate.
According to the U.S. Attorney’s Office, the case against Diaz, Contreras and others is part of Project Safe Neighborhoods, an effort encouraging federal, state and local agencies to cooperate in a unified effort against gun crime, specifically targeting repeat offenders who continually plague their communities.
Investigation of the case was conducted by the Federal Bureau of Investigation’s Wilmington office, the Pender County Sheriff’s Office and the Wallace Police Department.
Chris Berendt can be reached at 910-592-8137, ext. 121, or by email at sicrime@myclintonnc.com.






