Attorney General’s Office and Freeborn County Attorney’s Office secures 2nd-degree murder, other convictions in Freeborn County

Jury convicts Ben Moreno on five counts in August 2022 murder of Juan Vasquez Jr. and attempted murder of Marco Posada

Attorney General’s Office prosecuted case on referral from the Freeborn County Attorney’s office, per state law

March 15, 2024 (SAINT PAUL) — After a jury trial lasting a week and a half, Minnesota Attorney General Keith Ellison’s office has secured the conviction of Ben Vidal Moreno on all five counts — including 2nd-degree murder, attempted 2nd-degree murder, and ineligible possession of a firearm — in the August 2022 murder of Juan Vasquez Jr. and the attempted murder of Marco Posada outside of Albert Lea.

On August 9, 2022, Ben Moreno fired a 12-gauge shotgun loaded with buckshot multiple times into an SUV containing Juan Vasquez and Marco Posada, resulting in significant damage to the vehicle. Juan Vasquez exited the SUV and approached Moreno. Moreno had armed himself with a rifle that fires .300 Savage rounds after he had fired all the shotgun rounds. Ben Moreno then shot Juan Vasquez in the chest and killed him. Moreno fled the area and was later found at a rural property in Iowa more than a day later. Moreno’s previous felony convictions rendered him ineligible to possess any firearms. Moreno and Mr. Vasquez had previously exchanged threats to kill one another over a dispute involving Moreno stealing a package of methamphetamine. When this incident happened, Ben Moreno had three other pending felony files in Freeborn County. Two of those other files alleged that Ben Moreno assaulted another person with a dangerous weapon. 

Attorney General Ellison’s office prosecuted Moreno upon a referral from Freeborn County Attorney David Walker under Minnesota Statutes Sec. 8.01, which provides, “Upon request of the county attorney, the attorney general shall appear in court in such criminal cases as the attorney general deems proper.” Assistant Attorney General John Gross led the State’s successful prosecution, assisted by paralegal Dionne Dodd and Assistant Freeborn County Attorney Abigail Ehret.

The Attorney General’s Office has successfully prosecuted other cases in Freeborn County, including securing the September 2022 conviction of Devin Weiland on three counts of attempted murder in the first degree, including one count of attempted murder of a police officer. Weiland fired more than 80 rounds in a November 2022 standoff that severely injured Albert Lea police officer Kody Needham.

“I am pleased to see justice done in this case. My thoughts are with the families of the victims and my thanks go to the team that won this conviction, the agencies that assisted in investigating this crime, and to Freeborn County Attorney David Walker for entrusting my office with this case. I accepted this case because under the law, it is my job to assist our county attorneys when they ask for help. Minnesotans in every corner of our state deserve equal justice and my office is here to help provide it. When a prosecutor asks for my help, I will seek justice for victims and prosecute offenders to the fullest extent of the law,” Attorney General Ellison concluded.

Attorney General Ellison thanks the Minnesota Bureau of Criminal Apprehension, the Freeborn County Sheriff’s Office, the Albert Lea Police Department, and the Winnebago County (Iowa) Sheriff’s Office, who all assisted in the investigation and successful prosecution of this crime.