Four Ordered Held Without Bond Pending Trial in Firearms Straw Purchasing and Smuggling Operation

United States Attorney Robert Pitman; Federal Bureau of Investigation Acting Special Agent in Charge Michael A. Clancy; Immigration and Customs Enforcement-Homeland Security Investigations Resident Agent in Charge Jerry Robinette; and Bureau of Alcohol, Tobacco, Firearms, and Explosives Assistant Special Agent in Charge Crisanto Perez announced that four individuals have been detained without bond after being arrested earlier this month in connection with a firearm straw purchasing and smuggling investigation based in San Antonio and Eagle Pass, Texas.

As a result of this investigation, 16 defendants have been arrested and charged in a series of indictments returned on February 1, 2012, by a federal grand jury seated in Del Rio. An additional defendant—23-year-old Wendy Guerra of Del Rio—was arrested and charged in a criminal complaint on February 1, 2012, with aiding and abetting the smuggling of firearms.

The indicted defendants and their charges are:

• Cesar Antonio Cardona-Garcia, age 22, of Ciudad Acuna, Mexico, is charged with one count of aiding and abetting the smuggling of firearms, namely six assault-style rifles, and one count of possession of a firearm by an undocumented alien;
• Salvador Martinez, age 32, of San Antonio, is charged with one count of aiding and abetting the smuggling of firearms, namely four assault-style rifles, and one count of being a convicted felon in possession of a firearm;
• Abigail Sabrina Trevino, age 22, of San Antonio, and Jonathan Paul Barrera, age 28, of Del Rio, Texas, are both charged with one count of aiding and abetting the smuggling of a firearm, namely one assault-style rifle, and one count of making a false statement during the purchase of a firearm;
• Angel Charles Garcia, age 19 of Shawnee, OK, and Elisa Hernandez Ramirez, age 24, of Devine, Texas, along with San Antonio residents Frank Hernandez, age 23, Wayne Russell Dixon, age 53, Rey David de la O-Rodriguez, age 21, Jasmine Leeann Gordo, age 22, Amanda Lopez, age 24, Denise Ordaz, age 19, Jessica Marie Cortes, age 22, Louis Christopher Martinez, age 24, Margil Cortes, Jr., age 19, and, Patricio Nova, age 32, are all charged with one count of making a false statement during the purchase of a firearm. Each of them allegedly purchased an assault-style rifle and immediately turned it over to another individual after claiming that they were the true purchaser.

According to court records as well as courtroom testimony, between September and November 2011, Salvador Martinez, Abigail Sabrina Trevino and Frank Hernandez allegedly recruited individuals to purchase approximately 65 assault-style firearms, which were later seized by law enforcement, from San Antonio area firearms dealers. Each straw purchaser was instructed to make a false statement on ATF Form 4473 at the time of purchase claiming to be the actual buyer. All of the individuals charged with having made a false statement during the purchase turned the firearms over to a recruiting individual minutes after the purchase was complete. Courtroom testimony during detention hearings revealed that the firearms were being purchased for members of the Los Zetas Drug Trafficking Organization in Mexico.

Defendant Salvador Martinez waived his detention hearing scheduled for this morning agreeing to remain in custody pending trial. During a detention hearing earlier this week in Del Rio, United States Magistrate Judge Victor Garcia ordered that Abigail Trevino remain in federal custody pending trial. Cesar Antonio Cardona-Garcia and Wendy Guerra also remain in federal custody pending trial per an order from Judge Garcia. A trial date has yet to be scheduled. Louis Christopher Martinez and Frank Hernandez are scheduled to have their detention hearing on Tuesday, February 21, 2012. Judge Garcia set bond for all of the remaining defendants. Upon conviction, each defendant faces up to 10 years in federal prison per count.

This investigation is being conducted by agents with the Federal Bureau of Investigation, Immigration and Customs Enforcement-Homeland Security Investigations and the Bureau of Alcohol, Tobacco, Firearms and Explosives together with U.S. Customs and Border Protection, U.S. Customs and Border Protection–Internal Affairs, U.S. Border Patrol, U.S. Parks and Wildlife (Lake Amistad), Val Verde County Sheriff’s Office, Eagle Pass Police Department, Round Rock Police Department, Castroville Police Department and the San Antonio Police Department. This matter is being prosecuted by Assistant United States Attorney Erica Giese.

An indictment is merely a charge and should not be considered as evidence of guilt. The defendants are presumed innocent until proven guilty in a court of law.