Posted: Sep 3, 2010 10:17 AM
TUCSON - A Mexican National has been found guilty of assaulting two border patrol agents.
Jaime Martinez-Garcia, 26, of Guaymas, Sonora, Mexico, was found guilty of two counts of Assault on a Federal Officer and one count of Illegal Re-Entry After Deportation, by a federal jury in Tucson, on August 31. The defendant remains in custody pending sentencing.
The evidence at trial showed that on May 23, 2009, Martinez crossed illegally into the U.S. after having just been deported on May 20. When he was encountered by a U.S. Border Patrol Agent in Portero Canyon, west of Nogales, he refused agent's orders to stop and physically fought the agent, kicking him in the leg. Martinez then ran away.
Another Border Patrol agent had almost caught up to Martinez when he stopped and picked up a large rock. The agent drew his weapon and ordered him to drop the rock. Instead, the agent testified Martinez threw the rock at him, striking him on the leg. He says Martinez picked up another rock and, after refusing to drop the rock as ordered, the agent fired at Martinez, hitting him.
At sentencing, Martinez faces a maximum sentence of eight years for each Assault on a Federal Officer conviction, a maximum of 10 years for the Illegal Re-Entry conviction, and up to a $250,000 fine.
"In Arizona, Border Patrol Agents risk their lives on a daily basis patrolling in remote desert canyons and other harsh terrain," said U.S. Attorney Dennis K. Burke. "We won't tolerate attacks on them, and will aggressively prosecute those who do so."
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