Home Phoenix Press Releases 2010 Man Sentenced for Assaulting Two Border Patrol Agents Near Nogales

Man Sentenced for Assaulting Two Border Patrol Agents Near Nogales

U.S. Attorney’s Office November 30, 2010
  • District of Arizona (602) 514-7500

TUCSON, AZ—Jaime Martinez-Garcia, 26, of Guaymas, Sonora, Mexico, was sentenced here by U.S. District Judge David C. Bury to 72 months’ imprisonment. Martinez-Garcia was found guilty by a federal jury on August 31, 2010, of two counts of assault on a federal officer and one count of illegal re-entry after deportation.

“U.S. Border Patrol agents patrol hundreds of deserted miles in our vast Southwestern deserts protecting our border everyday,” said U.S. Attorney Dennis K. Burke. “Just as our citizen’s safety is a priority for them, their safety is a priority of ours.”

The evidence at trial showed that on May 23, 2009, the defendant crossed illegally into the U.S. He had just been deported on May 20, 2009. When the defendant was encountered by a U.S. Border Patrol Agent in Potrero 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 him in 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.

The investigation in this case was conducted by 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
RELEASE NUMBER: 2010-256(Martinez-Garcia)