Three Men Indicted In Marion County For Attempted Enticement Of A Minor

Ocala, Florida – United States Attorney Roger B. Handberg announces the return of three indictments separately charging Devin Joseph Rivera (24, Ocala), Rickey Lee Miller, Jr. (45, Ocala), and Obdy Mencia Guerrero (40, Honduras) with attempted enticement of a minor to engage in sexual activity. Mencia Guerrero has been charged with illegal reentry into the United States by a previously deported alien. If convicted of the enticement offense, Rivera, Miller, and Mencia Guerrero each face a minimum mandatory sentence of 10 years, up to life, in federal prison. Mencia Guerrero also faces up to an additional 2 years’ imprisonment for the illegal re-entry offense. All three individuals are currently detained pending the resolution of their criminal cases.

Devin Joseph Rivera

According to court records, on July 26, 2024, a special agent with Homeland Security Investigations posed undercover (UC) as a 13-year-old girl on an online social media platform. Rivera contacted the undercover agent’s account. The conversation between Rivera and the UC spanned three different online messaging platforms. Rivera engaged in a sexually explicit conversation with the UC, whom Rivera believed was a 13-year-old girl. Rivera and the UC agreed to meet at a predetermined location in Marion County to have sex. When Rivera arrived at that location, he was arrested by law enforcement. A search of Rivera’s person revealed an opened condom and a cellphone. The cellphone was confirmed to be the same one used to communicate with the undercover detective.

Rickey Lee Miller, Jr.

According to court records, on July 27, 2024, a detective from the Marion County Sheriff’s Office (MCSO) posed as a 15-year-old girl on an online messaging platform. Miller contacted the undercover detective’s account and asked if she wanted to “hang out.” Miller then engaged in a sexually explicit conversation with the detective. During the conversation, Miller asked the detective if she would be interested in having “some fun” with himself and a friend. Miller asked the detective to lie to his friend, stating, “and one more thing will you tell my friend your 18 I really don’t want her to know your real age.” Ultimately, Miller and his friend arrived at a predetermined location to meet with the minor. Miller was arrested by law enforcement. The cellphone in Miller’s vehicle was confirmed to be the same one used to communicate with the undercover detective.

Obdy Mencia Guerrero

According to court documents, on July 27, 2024, Mencia Guerrero contacted an undercover MCSO deputy who was posing as a 14-year-old girl. After acknowledging the undercover deputy’s age, Mencia Guerrero told her they could have sex. Mencia Guerrero and the deputy arranged to meet at a location in Marion County. Upon his arrival at the location, Mencia Guerrero was arrested. Mencia Guerrero is a citizen of Honduras. He was previously deported from the United States on four occasions—January 16, 2003, April 11, 2011, August 8, 2011, and June 2, 2014. He never had obtained permission to lawfully re-enter the United States.

An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.

These cases were investigated by the Marion County Sheriff’s Office, the Ocala Police Department, the Florida Department of Law Enforcement, the Chiefland Police Department, and Homeland Security Investigations. They are being prosecuted by Assistant United States Attorney Sarah Janette Swartzberg.

These cases were brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.