Sep 17, 2013 10:31 PM by Lupita Murillo
NOGALES - Charges are dropped against a former city of Nogales employee accused of smuggling drugs. Eduardo Bojorques was charged with a series of felonies in 2012. It was a three year investigation headed by U.S. Immigration and Customs Enforcement (ICE). The Santa Cruz County Attorney's office is prosecuting the case, and made the decision to drop the charges after they learned the case agent lied.
Bojorquez was one of three public works employees arrested by I.C.E. agents.
News 4 obtained two letters from the Santa Cruz County Attorney's office. They explain why they are taking such drastic measures.
The letter is addressed to the Homeland Security Investigations Special Agent in Charge.
It says "Although the evidence clearly supports the drug smuggling charges against Mr. Bojorquez, dismissal was appropriate under these circumstances."
The case agent's last disclosure of a surveillance video showing Mr. Bojorquez involved in the drug smuggling offense. The video existed since 2009, the agent didn't make it available until August of 2013, a few weeks before trial.
The video contradicted statements the agent made to the prosecutor, defense counsel and agent's own reports.
The letter goes on to read, "Our office has grave concerns not only as to the facts of the case, but also about the agent's credibility."
It's a case that started in September of 2009. Federal Agents documented the case with pictures and video tape. Investigators say Eduardo Bojorquez and Francisco Rene Fuentes were building secret pot smuggling compartments.
Earlier this year, Fernando Islas Jr. a former Public Works supervisor and Francisco Rene Fuentes each pleaded guilty to one count of solicitation and unlawful transportation of marijuana for sale. They were sentenced to four years probation, including jail time. However, that decision is now up in the air.
A second letter News 4 obtained states the dropping of the charges complies with the Arizona rules of Criminal Procedure.
ICE released the following statement, "U.S. Immigration and Customs Enforcement (ICE) has a rigorous, thorough internal process that is currently being utilized to review the management of this case. The results of this assessment will be used to determine any appropriate next steps."
News 4 reached out to the attorneys of Eduardo Bojorques, and Francisco Fuentes. They didn't return our calls.