Mexican Man Found Guilty of Assault on Two Border Patrol Agents and Illegal Re-Entry After Deportation

TUCSON—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, 2010. The case was tried before United States District Court Judge David C. Bury. The defendant remains in custody pending sentencing.

“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.”

The evidence at trial showed that on May 23, 2009, the defendant crossed illegally into the U.S. after having just been deported on May 20, 2010. When the defendant was encountered by a U.S. Border Patrol agent in Potero Canyon, west of Nogales, he refused to comply with the agent’s orders to stop and physically fought the agent, kicking him in the leg. The defendant was able to run away. Another Border Patrol agent had almost caught up to the defendant when the defendant stopped and picked up a large rock. The agent drew his weapon and ordered the defendant to drop the rock. Instead, the defendant threw the rock at the agent, striking the agent on the leg. The defendant picked up another rock and, after refusing to drop the rock as ordered, the agent fired at the defendant, hitting him.

At sentencing, the defendant 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 $250,000.00 fine. In determining an actual sentence, Judge Bury will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges. The judge, however, is not bound by those guidelines in determining a sentence.

The investigation leading to the guilty verdicts was conducted by the Federal Bureau of Investigation and the United States Border Patrol. The prosecution was handled by Ann Demarais, Assistant U.S. Attorney, District of Arizona, Tucson.

CASE NUMBER: CR-09-1164-TUC-DCB(CRP)
RELEASE NUMBER: 2010-197-Martinez-Garcia