Southern District of Texas
Press releases recorded for this federal judicial district.
Jury Convicts South Texas Man of Smuggling More Than Two Dozen AliensRead the Press Release
CORPUS CHRISTI, Texas - A Corpus Christi federal jury has returned a guilty verdict against a Pharr man for unlawful transportation of undocumented aliens, announced U.S. Attorney Ryan K. Patrick. They deliberated for less than three hours before finding Heriberto Lerma guilty as charged.
During the two-day trial, the jury heard testimony that on April 15, 2019, Lerma drove a tractor trailer into the Border Patrol Checkpoint south of Sarita shortly after 1:00 a.m. Lerma told agents he was traveling alone and that he was hauling building materials. However, authorities noticed the bill of lading and the seal placed on the door of the trailer did not match.
The jury heard this is a common sign of tampering with the load.
Further, a canine had alerted to possible contraband in the trailer.
Authorities eventually located a total of 27 undocumented aliens in the trailer, all of whom were illegally present in the United States.
The defense attempted to convince the jury that the defendant did not know that the undocumented aliens were in his tractor trailer.
U.S District Judge David S. Morales presided over the trial and set sentencing for Nov. 3, 2019. At that time, Lerma faces up to five years of imprisonment and a possible $250,000 maximum fine.
Lerma was permitted to remain on bond pending that hearing.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with the assistance of Border Patrol. Assistant U.S. Attorneys Sara Popejoy and Amanda Gould are prosecuting the case.
Former Military Official Heads to Prison for Trafficking CocaineRead the Press Release
McALLEN, Texas – A 47-year-old Mexican national has been ordered to federal prison following his conviction of importing cocaine into the United States, announced U.S. Attorney Ryan K. Patrick.
Victor Manuel Valencia Rascon served in the Mexican military as a medical doctor for 23 years. He pleaded guilty June 3, 2019.
Today, U.S. District Judge Ricardo H. Hinojosa ordered Rascon to serve a total of 37 months in federal prison. In handing down the sentence, the court noted the significant quantity of cocaine Rascon imported.
On March 3, 2019, Rascon attempted to enter the United States at the Hidalgo Port of Entry. During inspection, law enforcement discovered a suitcase in his trunk with 25 brick-shaped packages weighing 27.54 kilograms.
Authorities tested the contents and confirmed it to be cocaine.
Rascon admitted he was aware he was importing cocaine and that he expected to be paid $2,000 per kilogram successfully imported into the United States.
Rascon will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with the assistance of Customs and Border Protection. Assistant U.S. Attorney Matthew Redavid prosecuted the case.
Another Laredoan Arrested for Transporting AliensRead the Press Release
LAREDO, Texas – A 25-year-old Laredo resident has been arrested on charges of transporting an undocumented alien after another local violent crash, announced U.S. Attorney Ryan K. Patrick.
Authorities arrested Francisco Javier Quiroga Aug. 9, 2019. He is set to make his initial appearance today at 11:00 a.m. before U.S. Magistrate Judge Sam Sheldon.
The criminal complaint alleges that on Aug. 9, law enforcement observed multiple people being loaded into a vehicle near the Rio Grande River in Laredo. They attempted to perform an immigration inspection but the vehicle failed to stop, according to the charges. It crashed and rolled over. Authorities then observed people running out of the vehicle, according to the allegations.
According to the complaint, there were eight individuals in the vehicle, including Quiroga. The seven others were all allegedly undocumented aliens. One of them suffered a fractured sternum and three broken ribs as a result of the incident, according to the complaint.
If convicted of transporting an undocumented alien causing serious bodily injury, Rodriguez faces up to 20 years in federal prison and a possible $250,000 maximum fine.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with the assistance of Border Patrol. Assistant U.S. Attorney April Ayers-Perez is prosecuting the case.
A criminal complaint is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Young Laredoan to Appear in Court After Violent CrashRead the Press Release
LAREDO, Texas – A 23-year-old has been charged with transporting aliens following a vehicle crash that seriously injured eight, announced U.S. Attorney Ryan K. Patrick.
Authorities arrested Oziel Rodriguez Aug. 2 and made his initial appearance the following Monday. Today, he is set to make his preliminary examination and detention hearing at 10:00 a.m. before U.S. Magistrate Judge Sam Sheldon.
The criminal complaint alleges that on Aug. 2, law enforcement noticed a sensor alert. Shortly thereafter, they witnessed a vehicle leaving the area, according ot the charges. The vehicle allegedly began to accelerate and eventually struck a median, causing it to rollover.
According to the complaint, a total of 12 people were in the vehicle at the time of the rollover, including Rodriguez. The other 11 were determined to be undocumented aliens, eight of whom sustained serious bodily injuries, the complaint alleges.
Rodriguez allegedly left the scene of the accident. The complaint alleges that authorities located him and noted injuries to his chest and arm consistent with those caused by a vehicle accident.
If convicted of transporting an undocumented alien causing serious bodily injury, Rodriguez faces up to 20 years in federal prison and a possible $250,000 maximum fine.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with the assistance of Border Patrol and the Laredo Police Department. Assistant U.S. Attorney April Ayers-Perez is prosecuting the case.
A criminal complaint is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Former VA Employee Sentenced to Max in Fake Invoice SchemeRead the Press Release
HOUSTON – A 76-year-old Houston woman has been ordered to prison following her conviction of conspiring to commit fraud against the Veterans Administration (VA) by generating purchase orders for fictitious goods and services, announced U.S. Attorney Ryan K. Patrick.
Eduora McDaniel aka Eudora McDaniel pleaded guilty Jan. 31, 2019 to conspiracy to commit wire fraud.
At a hearing that concluded late yesterday, U.S. District Judge David Hittner handed McDaniel the maximum 60-month sentence to be immediately followed by three years of supervised release. In handing down the sentence, the court noted further ordered McDaniel to pay $290,000 restitution and a $100,000 fine and ordered the government to garnish the maximum amount of McDaniel’s government pension until the restitution and fines are paid.
McDaniel admitted she conspired with a vendor to defraud the VA by submitting fake invoices for goods and services that never happened. As a prosthetics representative for the VA, McDaniel had the authority to obtain prosthetic goods and services if a physician found it medically necessary, which she was authorized to pay using a government-issued VISA credit card. McDaniel created fake purchase orders for her co-conspirator’s company and paid them using her government credit card. McDaniel and the co-conspirator then split the payments.
McDaniel’s co-conspirator, Angela Hunter, pleaded guilty in August 2018 and is scheduled to be sentenced Aug. 13, 2019.
McDaniel has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The VA - Office of Inspector General conducted the investigation. Assistant U.S. Attorney Belinda Beek is prosecuting the case.
11 Sentenced in Transnational Heroin Trafficking RingRead the Press Release
HOUSTON – A total of 11 men from the countries of Tanzania, Pakistan and Iran have been ordered to federal prison for their part in trafficking multiple kilograms of heroin to the United States from abroad, announced U.S. Attorney Ryan K. Patrick.
Ali Khatib Haji Hassan, 49, Makame Haji Mwinyi, 49, Ernest Michael Mbwile, 35, Abdulahtif Juma Maalim, 43, Ibrahim Omary Madega, 52, Tiko Emanuel Adam, 41, Iddy Saleme Mfullu, 46, Mohammed Said Mohammed, 48, Daud Michael Vedasto, 58, all from Tanzania, previously pleaded guilty as did Salim Omar Balouch, 36, from Iran, and Abdul Basit Jahangir, 40, from Karachi, Pakistan.
On Aug. 7, 2019, U.S. District Judge Sim Lake completed two days of hearings and ordered them all to federal prison.
Jahangir received a 151-month term of imprisonment. Mfullu and Mohammed both received terms of 50 months, while Hassan, Mwinyi, Mbwile, Maalim, Madega, Adam and Vedasto, were ordered to serve 99, 62, 52, 46, 87, 37 and 46 months, respectively. The court imposed a 135-month sentence for Balouch. Not U.S. citizens, they are all expected to face deportation proceedings following their sentences.
This case began with the arrest of an internal body carrier at Houston’s Bush Intercontinental Airport June 3, 2012. That defendant had swallowed 1.5 kilograms of heroin packaged in 100 pellets.
The investigation eventually led to the charging of 15 defendants, including two Consolidated Priority Organization Targets, one U.S. Treasury Department designated “King Pin” and seizures of approximately 1,600 kilograms of heroin.
This investigation not only touched the United States, but also Canada, Afghanistan, Pakistan, Iran, South Africa, Tanzania, The Republic of Seychelles, Hong Kong, Australia, Oman, United Kingdom (UK), Italy, Brazil, United Arab Emirates, South Korea, Mozambique, The Netherlands and Saudi Arabia.
Thirteen have pleaded guilty. Two remain fugitives.
Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) conducted the Organized Crime Drug Enforcement Task Force Investigation dubbed Operation Diver Down with assistance from other HSI offices domestic and foreign, Drug Enforcement Administration, South African Police Service, Dubai Police Department, Royal Oman Police, UK National Crime Agency, Royal Canadian Mounted Police and Australian Federal Police.
Assistant U.S. Attorney Richard Magness is prosecuting the case.
Former South Texas Police Officer Gets 14 years for Participation in Drug Smuggling ConspiracyRead the Press Release
VICTORIA, Texas - A former law enforcement officer has received a significant sentence following his conviction of conspiracy to possess and distribute more than 1,000 kilograms of marijuana, announced U.S. Attorney Ryan K. Patrick.
Ramon “Ramey” Delacruz, 39, of Rio Grande City, was a former Rio Grande City police officer, Starr County Sheriff’s Office deputy and former investigator assigned to the Starr County District Attorney’s Violent Crime Task Force. He pleaded guilty April 4, 2017.
Today, following a nearly six-hour hearing, Senior U.S. District Judge John D. Rainey sentenced Delacruz to 168 months of federal imprisonment to be immediately followed by five years of supervised release.
At the hearing, the court heard additional testimony regarding the depths of corruption Delacruz reached in his support of the Rio Grande City-based Beltran Drug Trafficking Organization. Witnesses testified Delacruz escorted loads of marijuana through Starr county while on duty. He also assisted in the theft of marijuana loads from other traffickers by producing fictitious police reports of law enforcement interdictions that never took place and assisted in the theft of drug proceeds with mock law enforcement takedowns. Further, the court heard he provided the organization with a stolen law enforcement radio and a Starr county seal embosser and disposed of weapons taken from the Beltran ranch previously used in other violent felonies. Delacruz was paid for his services with racehorses, drugs and drug proceeds.
In handing down the sentence, the court noted Delacruz had not only participated in the conspiracy but also used his service-issued firearm and issued threats of violence in the commission of drug smuggling activities and assumed a leadership role in the organization. “Today is a sad day for your family and a sad day for law enforcement,” said Rainey. The court also noted Delacruz has a debt to pay society given his abuse of trust that was placed in him by the people in his community.
The investigation began in January 2013 after a Victoria County Sheriff’s Office deputy interdicted approximately 600 pounds of marijuana concealed in a horse trailer.
That event prompted a lengthy, multiple-agency, multi-jurisdictional investigation that would ultimately uncover information and evidence demonstrating the illegal activities of the Beltran drug trafficking organization. The organization used horse ranches in Rio Grande City to receive, repackage and conceal thousands of kilograms of marijuana in horse trailers, flat-bed trailers and tractor trailers to ship the marijuana to all points north. They used the sport of horse racing to facilitate drug smuggling and to launder illicit proceeds.
The organization also utilized violence, intimidation, bribery and public corruption to facilitate and perpetuate their illicit activities for nearly a decade with virtual impunity. The investigation demonstrated the organization’s dealings with ranking members of the Gulf and Zeta Cartels and the Starr County Chicano Brotherhood.
During his support of this conspiracy, Delacruz used his official capacity as well as municipal and county resources to assist the Beltran organization to smuggle thousands of pounds of marijuana into and throughout the U.S. Delacruz also used his peace officer authority to intimidate, threaten and coerce other drug traffickers as well as to protect drug loads to ensure their dominance in the region.
The six-year investigation has resulted in the arrest and conviction of 23 persons, the seizure and forfeiture of an American Quarter horse racing quarter horse, Black Patriot and three horse ranches.
Following the sentencing today, Delacruz was remanded to custody pending transfer to a U.S. Bureau of Prison facility to be determined in the near future.
Immigration and Customs Enforcement’s Homeland Security Investigations, Texas Attorney General’s Office and the Victoria County Sheriff’s Office conducted the investigation. Assistant U.S. Attorneys Patti Hubert Booth and Vincent Carroll are prosecuting the case.
Pearland Man Convicted of Sex Trafficking of a MinorRead the Press Release
HOUSTON – A 23-year-old man has admitted he recruited a high school girl and trafficked her for sex, announced U.S. Attorney Ryan K. Patrick.
On several consecutive weekends in late February and early March 2016, Dihlon Lee Davis used online advertisements for the victim’s services and rented hotel rooms where some of the commercial sex acts occurred.
The victim attended Manvel high school during the week and engaged in the sexual activity on the weekends.
On multiple occasions, Davis provided illegal drugs to the minor victim. He used the money the victim earned to purchase the drugs which he consumed with his girlfriend - also a minor - and the victim.
U.S. District Judge George C. Hanks Jr. accepted the plea and set sentencing for Oct. 9, 2019. At that time, Davis faces a minimum of 10 years and up to life in federal prison as well as a possible $250,000 fine. He will also be required to register as a sex offender.
He has been and will remain in custody pending that hearing.
The Texas Department of Public Safety (DPS) and FBI – Texas City, both part of the Human Trafficking Rescue Alliance (HTRA), conducted the investigation.
HTRA law enforcement includes members of the Houston Police Department, FBI, Immigration and Customs Enforcement’s Homeland Security Investigations, Texas Attorney General’s Office, IRS-Criminal Investigation, Department of Labor, Department of State, Texas Alcoholic and Beverage Commission, DPS, Coast Guard and sheriff’s offices in Harris and Montgomery counties in coordination with District Attorney’s offices in Harris, Montgomery and Fort Bend Counties. Established in 2004, the United States Attorney’s office in Houston formed HTRA to combine resources with federal, state and local enforcement agencies and prosecutors, as well as non-governmental service organizations to target human traffickers while providing necessary services to those that the traffickers victimized. Since its inception, HTRA has been recognized as both a national and international model in identifying and assisting victims of human trafficking and prosecuting those engaged in trafficking offenses
Assistant U.S. Attorneys Sherri L. Zack and Kimberly A. Leo are prosecuting the case.
Laredoan Convicted in Marijuana ConspiracyRead the Press Release
LAREDO, Texas – A 25-year old man from Laredo has admitted to conspiring with others to possess with the intent to distribute more than 100 kilograms of marijuana, announced U.S. Attorney Ryan K. Patrick.
Between May 30, 2016, and June 6, 2016, Martin Delgado coordinated the transportation of more than 375 kilograms of marijuana which was supposed to be delivered to Dallas. Authorities ultimately seized the drugs at the U.S. Border Patrol checkpoint on Interstate Highway 35, north of Laredo.
Today, Delgado admitted to his role in the conspiracy.
Sentencing before U.S. District Judge Diana Saldaña has not yet been set, but at that time Delgado will face a minimum of five and up to 40 years in federal prison as well as a possible $250,000 maximum fine.
He was permitted to remain on bond that hearing.
The Drug Enforcement Administration, Immigration and Customs Enforcement’s Homeland Security Investigations and Border Patrol conducted the long-term Organized Crime Drug Enforcement Task Force investigation dubbed Operation Eagle Ford Tour. Assistant U.S. Attorneys Christopher dos Santos and Graciela R. Lindberg are prosecuting the case.
Jury Convicts Man of Transporting AliensRead the Press Release
LAREDO, Texas – A federal jury has returned guilty verdicts against a 43-year-old man for his involvement in a conspiracy involving the transportation of illegal aliens, announced U.S. Attorney Ryan K. Patrick.
The jury deliberated for less than four hours following a three-day trial before convicting Anthony Terrele McCalebb, of Meridian, Mississippi, of conspiracy to transport and two counts of transporting undocumented aliens for financial gain.
On March 11, 2019, McCalebb and McKinley Lavell Young, 54, also of Meridian, Mississippi, loaded 10 undocumented aliens into the sleeper compartment of their tractor-trailer in Laredo. They then attempted to smuggle them through the Freer Checkpoint on Highway 59.
Upon arrival, a Border Patrol (BP) canine alerted to the vehicle Young was driving.
During trial, the jury heard that authorities had found McCalebb and the aliens hiding in the sleeper compartment of the trailer. The 10 illegal aliens were sitting on two bunk beds which were covered with blankets.
McCalebb and Young had agreed to transport the aliens to San Antonio in return for $10,000. Law enforcement recovered $5,400 of those proceeds upon their arrest. They had expected the remainder upon delivery.
Young pleaded guilty July 29, 2019, and testified at trial. He explained how McCalebb recruited him to smuggle aliens through Laredo. He confirmed he and McCalebb picked up undocumented aliens and attempted to transport them through the checkpoint and abut being paid to do so.
Two of the smuggled aliens - both women - told the jury about their journey from Brazil to Texas. They testified about being smuggled into the United States across the Rio Grande River on an inflatable raft, staying in a stash house in Laredo and being transported in the sleeper compartment of the McKinley’s truck.
The defense attempted to convince the jury that Young and the alien witnesses were lying to secure benefits from the government and that McCalebb was merely present but not guilty of actually transporting illegal aliens. They did not believe his claims and found McKinley guilty as charged.
Sentencing will be set for a later date. At that time, McKinley faces up to 10 years in federal prison and a possible $250,000 maximum fine.
McKinley and Young both remain in custody pending sentencing.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation along with Border Patrol. Assistant U.S. Attorneys Anthony J. Evans and Francisco Rodriguez are prosecuting the case.
Former Bank Employee Admits Role in Embezzlement ScamRead the Press Release
HOUSTON – A 38-year-old ex-employee of a local bank who resides in Houston has pleaded guilty to embezzlement, announced U.S. Attorney Ryan K. Patrick.
Adriana Granados aka Adriana Canas pleaded guilty today to one count of embezzling from her former employer.
According to the plea agreement, Granados was employed as an executive assistant in the bank’s Business Development Department and was responsible for submitting expenses account statements for corporate credit cards issued to her and other bank employees for business expenses incurred for the bank. Without the bank’s knowledge or consent, Granados used her corporate credit card and the cards of other employees to charge personal expenses.
Sentencing has been set for Oct. 16, 2019, before U.S. District Judge Nancy Atlas. At that time, Granados faces up to 30 years in federal prison and a possible $1 million maximum fine.
Granados was permitted to remain on bond pending that hearing.
The Federal Deposit Insurance Corporation - Office of Inspector General conducted the investigation. Assistant U.S. Attorney Belinda Beek is prosecuting the case.
Local Man Guilty of Firearms Charge in Furtherance of Drug TraffickingRead the Press Release
CORPUS CHRISTI, Texas - A federal jury returned a guilty verdict against a 42-year-old Corpus Christi man for possessing a firearm in furtherance of a drug trafficking crime, announced U.S. Attorney Ryan K. Patrick.
Charles Callis Jr. pleaded guilty to possession with intent to distribute cocaine this morning. Following a day of testimony, the jury deliberated for less than 30 minutes before also convicting him of the firearms charge.
On Dec. 6, 2018, multiple federal law enforcement agencies executed an arrest warrant for Callis on unrelated charges. At that time, they also searched his residence and business - Done Right Air Conditioning - on the 3700 block of Saturn Road.
During trial, the jury heard that during the searches, agents opened a locked room and discovered it had been set up for drug trafficking. The room contained an open counter along the wall where agents found a piece of Tupperware containing cocaine, a digital scale, cutting agents, a metal press, money counting machine and a loaded Taurus 9mm handgun.
In addition, they also discovered a large safe. Inside, there was a box of small Ziploc baggies, approximately $49,000 and a cellular phone. Authorities later confirmed the substance in the bags was cocaine with a total weight of 508 grams.
The defense attempted to convince the jury Callis had lawfully purchased the handgun and it was unrelated to the cocaine. The jury did not believe his claims and convicted him.
Senior U.S. District Judge John Rainey presided over the trial and set sentencing for Oct. 16, 2019. At that time, Callis faces a minimum of five and up to 40 years in federal prison for the cocaine conviction and up to life for the firearms charge which must be served consecutively to any other prison term imposed. The charges also carry a potential $5 million maximum fine.
Callis has been and will remain in custody pending that hearing.
Immigration and Customs Enforcement’s Homeland Security Investigations and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation with the assistance of the Drug Enforcement Administration. Assistant U.S. Attorney Lance Watt is prosecuting the case.
Justice Department Launches National Public Safety Partnership with Harris County Sheriff’s OfficeRead the Press Release
HOUSTON – Federal and local officials convened in Houston today to initiate the National Public Safety Partnership (PSP) program, announced U.S. Attorney Ryan K. Patrick along with Director of the Bureau of Justice Assistance Jon Adler and Harris County Sheriff Ed Gonzalez.
This Justice Department program is a three-year engagement that seeks to leverage department assets in support of a local jurisdictions' commitment to drive down violent crime.
On June 3, 2019, Attorney General William Barr announced the selection of the Harris County Sheriff’s Office (HCSO) as one of 10 fiscal year (FY) 2019 PSP sites where the Justice Department will work collaboratively to provide training and technical assistance in areas such as crime analytics, emerging technology and community engagement.
Since 2017, the Justice Department has directed nearly $14.9 million in customized training and technical assistance to help build crime fighting capacity in PSP sites. This includes $6.6 million to support the FY 2019 sites through FY 2022. PSP seeks to bring law enforcement stakeholders together to work collaboratively in reducing violent crime attributed to felonious firearm use, drug trafficking and human trafficking.
“Adding unincorporated Harris County to the PSP program, which already includes the Houston Police Department (HPD), compliments the technical assistance and formal collaboration in the greater metro area,” said Patrick. “My office is committed to working with local law enforcement in reducing violent crime. HCSO is already a great law enforcement partner, and this new effort will make those ties stronger.”
“Today our team is on-site in Houston to collaborate with local law enforcement officials in their mission to improve public safety and drive down violent crime,” said Adler. “Through the PSP, we are committed to fulfilling the Attorney General's priority of supporting local law enforcement combat violent gangs, felonious firearms use and drug trafficking.”
“Combating violent crime requires strategic coordination among all the law enforcement agencies serving our community,” said Gonzalez. “The Justice Department’s National PSP gives front-line deputies the technical training and expertise they need to keep our neighborhoods safe.”
Since 2017, the Justice Department has worked with more than 30 local jurisdictions under the nationwide PSP program. Many participating cities have already seen dramatic reductions in violent crime. New Orleans ended 2018 with 146 murders, the lowest number of murders since the early 1970s. In Milwaukee, homicides declined in 2018 for a third straight year after hitting a deadly peak in 2015.
Agencies in attendance at this meeting will include the U.S. Attorney’s Office; Office of Justice Programs; HCSO; FBI; Bureau of Alcohol, Tobacco, Firearms and Explosives; Drug Enforcement Administration; Harris County District Attorney’s Office; HPD; Institute for Intergovernmental Research; and CNA.
DACA Recipient Loses Status after Transporting Illegal AliensRead the Press Release
LAREDO, Texas – A 22-year-old Mexican national living in Laredo has been ordered deported following his conviction in a multi-agency, high-speed pursuit, announced U.S. Attorney Ryan K. Patrick.
Jose Yepez-Vega pleaded guilty April 29, 2019, to three counts of transporting an undocumented alien within the United States for financial gain, causing risk of serious bodily injury or death as well as one count of conspiracy.
Today, U.S. District Judge Diana Saldaña noted Yepez-Vega’s status as a recipient of the Deferred Action for Childhood Arrivals (DACA) policy has been revoked and he is to be deported back to Mexico. At the hearing, the court warned him to not come back to the United States.
On July 21, 2018, law enforcement agents observed a vehicle exit Interstate Highway 35 in an attempt to circumvent the checkpoint located at mile marker 29 north of Laredo. Yepez-Vega was driving. Authorities attempted to perform a traffic stop, but the vehicle failed to yield. More officers from various jurisdictions pursued the vehicle for more than 50 miles on Interstate 35. The fleeing vehicle exceeded speeds of 130 miles per hour before eventually losing control and pulling off the highway.
Authorities arrested Yepez-Vega, identified as a Mexican national and DACA recipient.
Three undocumented aliens from Mexico were located in his vehicle. All three admitted to paying between $4,000 - $6,000 to be smuggled into the United States and on to their final destinations of Texas, Wisconsin and Pennsylvania.
Yepez-Vega was sentenced to more than a year, his time in custody since his arrest.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with the assistance of Border Patrol, Encinal Police Department, La Salle County Sheriff’s Office and the Texas Department of Public Safety. Assistant U.S. Attorneys Graciela Lindberg and Jennifer Day prosecuted the case.
USA Patrick Statement on AG Capital Punishment OrderRead the Press Release
CORPUS CHRISTI, Texas – As the Attorney General has stated, the Department of Justice is duty-bound to uphold the rule of law - and we owe it to the victims and their families to carry out the sentence our justice system has imposed.
This case was one of the most atrocious crimes this office has ever seen – something that impacted the Corpus Christi community and other family members and friends in Southeast Texas and Louisiana. A jury convicted Alfred Bourgeois of torturing and finally killing his two-year-old daughter, after having visitation custody of her for just a month. The little girl died on June 28, 2002, after a final beating at the Corpus Christ Naval Air Station where Bourgeois was making a delivery as part of his long-haul trucking job. The facts surrounding this murder are horrific.
As a father myself, this case sickens me. Bourgeois preyed on an innocent child – one of the most vulnerable among us. She should have been protected and loved, but was instead robbed of her young life after being brutalized by her very own.
Bourgeois is guilty and was ordered to death. His execution has now been set.
Our hearts continue to go out to these families and we hope this measure of justice will finally help bring peace and closure.
Local Man Convicted of Robbing Local Convenience Stores with a KnifeRead the Press Release
CORPUS CHRISTI, Texas – A 47-year-old resident of Corpus Christi has entered a guilty plea to two counts of robbery causing an interference with interstate or foreign commerce, announced U.S. Attorney Ryan K. Patrick.
On Oct. 29, 2018, Billy Ray Mitchell robbed the Murphy Express convenience store in Corpus Christi at approximately 7:20 a.m. at knife point. Mitchell forced the clerk into the office where a safe was located and robbed the store of cash, cigarettes and duct tape. Mitchell then abducted the clerk, forcing her into her own vehicle and ordering the clerk to drive him to a nearby apartment complex.
Upon arrival there, Mitchell bound and gagged the clerk using the stolen duct tape, took her cellular telephone and departed the area on foot, leaving the clerk in the vehicle.
Police officers searched the area but were unable to locate Mitchell at that time. Later, agents reviewed video surveillance of the convenience store and noticed that Mitchell was wearing a distinctive neon yellow shirt with “MY SHIRT IS BRIGHTER THAN YOUR FUTURE” printed on the front.
On Nov. 8, 2018, at approximately 4 a.m., Mitchell robbed a Circle K convenience store in Corpus Christi, threatening the store clerk with a large kitchen knife. Mitchell brandished the weapon and forced the clerk at knife point to assist in opening the cash register. Mitchell robbed the store of a pack of cigarettes and the entire contents of the cash register. Again, Mitchell forced the clerk from the store and ordered him to drive him from the scene in the clerk’s own vehicle. This time, the clerk yelled out for help to a nearby patron and Mitchell fled the scene on foot.
Police officers searched the area but were unable to locate Mitchell at that time. However, crime scene investigators were able to recover latent fingerprints from a beer cooler that Mitchell touched. When compared, the fingerprints from the store were determined to be a match to Mitchell.
Agents executed a search warrant on Mitchell’s residence the next day and found the distinctive bright yellow shirt he wore during the Murphy Express robbery.
Mitchell later admitted he committed both robberies.
U.S. District Judge Nelva Gonzales Ramos accepted the plea and set sentencing for Nov. 14, 2019, at which time Mitchell faces up to 20 years imprisonment and a maximum $250,000 fine for each count.
Mitchell has been and will remain in custody pending that hearing.
Immigration and Customs Enforcement’s Homeland Security Investigations and the Corpus Christi Police Department conducted the investigation. Assistant U.S. Attorney David Paxton is prosecuting the case.
Woman Sent to Prison for Importing Nearly 2000 Fentanyl PillsRead the Press Release
McALLEN, Texas – A 32-year-old Kentucky woman has been ordered to federal prison after attempting to hide narcotics inside her body and within her undergarments, announced U.S. Attorney Ryan K. Patrick.
Yenny Yamileth Pino pleaded guilty Feb. 4, 2019.
Today, U.S. District Judge Micaela Alvarez, who accepted the guilty plea, handed Pino a 30-month-term of imprisonment. In handing down the sentence, the court noted the dangers of Fentanyl, how addictive it is and the problem it has become in the United States over the last few years.
On Aug. 12, 2018, Pino walked into the Hidalgo port of entry from Mexico. At primary, she began to give inconsistent statements and was sent to secondary inspection. Federal agents soon discovered nearly 900 fentanyl pills hidden in her undergarments.
She then admitted to having more inside her. Medical personnel assisted in the removal of an additional 1100 fentanyl pills hidden inside of her vagina, wrapped in a cylinder and covered by a condom.
Law enforcement ultimately discovered a total of 1981 hidden pills.
Pino was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
Immigration and Customs Enforcement’s Homeland Security Investigations and Customs and Border Protection conducted the investigation. Assistant U.S. Attorney David A. Lindenmuth is prosecuting the case.
One Guilty in Violent Crime Spree; Another Remains a FugitiveRead the Press Release
CORPUS CHRISTI, Texas – A 24-year-old resident of Corpus Christi has been convicted of robbery, brandishing a firearm in furtherance of a crime of violence and being a felon in possession of a firearm, announced U.S. Attorney Ryan K. Patrick.
Leonard Reyna entered a guilty plea today before U.S. Magistrate Judge Jason B. Libby.
Reyna admitted he participated in an aggravated robbery at the Corpus Christi Trade Center and another at a Stripes convenience store which involved the shooting of an innocent bystander.
On Aug. 26, 2018, Reyna approached a local jewelry store displaying a handgun and demanded several items of jewelry. After that robbery, he fled on foot and headed to the Stripes location on the 6000 block of Ayers. There, two men pointed a gun at a victim and demanded the keys to his truck. The victim refused and was later found inside the store where reported he had been shot in the left arm and stomach.
U.S. District Judge Nelva Gonzalez Ramos will impose sentencing Oct. 17, 2019, at which time, Reyna faces up to 20 years imprisonment for the robbery and another possible 10 years for the felon in possession conviction. He will also receive a minimum seven-year-term for brandishing a firearm which must be served consecutively to any other prison term imposed. All counts also carry the possibility of a $250,000 maximum fine.
Reyna has been and will remain in custody pending his sentencing.
He was originally indicted along with Carlos Moreno, 25, also of Corpus Christi who is charged with being involved in both robberies and with discharging a firearm. He is considered innocent unless and until convicted through due process of law, but remains a fugitive and a warrant remains outstanding for his arrest. Anyone with information about his whereabouts is asked to contact the U.S. Marshals service at 1-800-336-0102.
The Corpus Christi Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant U.S. Attorney Lance Watt is prosecuting the case.
Motorcycle Gang Member Convicted of Illegally Possessing AmmunitionRead the Press Release
CORPUS CHRISTI, Texas – A 36-year-old Corpus Christi resident who was involved in a shooting at a local convenience store has admitted to unlawful ammunition possession, announced U.S. Attorney Ryan K. Patrick.
Billy Boortz is a member of the Homietos outlaw motorcycle gang.
On May 11, 2019, Boortz was engaged in a physical altercation with another man. He then returned to a vehicle, retrieved a weapon and fired several rounds at the victim, hitting him in the foot.
Agents were able to identify Boortz using video footage. He had been taken into custody at a local hospital on May 26, 2019, where he was treated for a gunshot wound he received after another shooting.
Boortz was previously convicted of multiple felony offenses, including assault on a public servant, evading arrest with a vehicle and unlawful possession of a firearm by a felon. He is, therefore, prohibited from possessing firearms or ammunition per federal law.
Sentencing has been set for Oct. 22, 2019, before U.S. District Judge David S. Morales. At that time, Boortz faces up to 10 years in prison.
He has been and will remain in custody pending that hearing.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Corpus Christi Police Department Gang Unit conducted the investigation. Assistant U.S. Attorney David Paxton is prosecuting the case.
Immigration Attorney Arrested for BriberyRead the Press Release
BROWNSVILLE, Texas – Federal authorities have arrested a Weslaco attorney following the return of an indictment alleging conspiracy and bribery involving immigration detention employees, announced U.S. Attorney Ryan K. Patrick.
Today, law enforcement took Roel Alaniz, 39, of Weslaco, into custody. He is expected to make his initial appearance before U.S. Magistrate Judge Ignacio Torteya III tomorrow at 10:00.
The seven-count indictment, returned yesterday, alleges he obtained “alien detainee roster lists” from immigration detention employees who received cash payments in return.
In May 2019, a federal grand jury also indicted Benito Barrientez, 42, of Lyford, Damian Ortiz, 30, of Weslaco, and Exy Adelaida Gomez, 42, of Los Fresnos. Barrientez and Ortiz were employed at the Willacy County Regional Detention Center, while Gomez was employed at the El Valle Detention Center. Both facilities are located in Raymondville.
Barrientes, Ortiz and Gomez allegedly obtained these lists from the El Valle Detention Center and the Port Isabel Detention Center while employed in their capacities as classification clerk, senior program director and corrections officer, respectively.
These three are charged with providing the lists which contained names, dates of birth, country of origin and “A-numbers” of alien detainees to Alanis. The indictment alleges Alanis, an attorney with a practice in in the Rio Grande Valley, paid money in return. He would then visit, or instruct others to visit, illegal aliens for the purpose of hiring his law firm as their attorney in immigration proceedings, according to the charges.
If convicted, Alanis faces up to 15 years for bribery and a maximum of five years for the conspiracy. The charges also carry a possible penalty of $250,ooo.
Immigration and Customs Enforcement (ICE) – Office of Professional Responsibility conducted the investigation along with Department of Homeland Security – Office of Inspector General and ICE’s Homeland Security Investigations. Assistant U.S. Attorney Oscar Ponce is prosecuting the case.
A indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Two More “Rip Crew” Members Sent to Federal PrisonRead the Press Release
McALLEN, Texas – Two men involved with a rip crew responsible for multiple home invasions and carjackings to steal narcotics in Hidalgo County have been ordered to prison, announced U.S. Attorney Ryan K. Patrick.
Miguel Marin Cerda, 31, pleaded guilty to possessing with the intent to distribute more than five kilograms of cocaine, while his nephew - Alfredo Avalos-Sanchez, 27 - pleaded guilty to conspiring to commit Hobbs Act robbery.
Today, U.S. District Judge Micaela Alvarez ordered Cerda to serve 130 months in prison, while Avalos-Sanchez received an 87-month-term of imprisonment. Cerda and Avalos-Sanchez are Mexican citizens who illegally resided in Mission. As such, they are expected to face deportation proceedings following their prison sentences.
In considering their violent crimes, Judge Alvarez stated the events forming the charges are incidents that have come to be expected in Mexico and other Central American countries which do not allow residents to feel safe. The court noted that even though some victims were often drug traffickers themselves, it does not excuse the defendants’ behavior. She furthered that drug trafficking is bad in itself, but is exacerbated when combined with carjackings and home invasions.
The defense argued their actions were mistakes, but the court concurred with prosecutors that these were intentional profit-driven actions. They continued to engage in conduct even after prior arrests for similar conduct and close calls with life and death events. Such instances included violent crimes involving totaled vehicles and multiple discharges of firearms which could have taken lives.
In imposing the prison terms, the court considered multiple offenses. As a result of the conspiracy, the organization terrorized local residents with multiple home invasions and carjackings as well as the distribution or attempted distribution of multiple kilograms of cocaine and hundreds of kilograms of marijuana.
Specifically, the court considered their involvement in a carjacking March 12, 2017, in McAllen in which co-conspirators took a car believed to contain a controlled substance. Another instance occurred in Pharr in April 2017 which involved the discharge of firearms in a residential neighborhood in efforts to steal approximately 14 kilograms of cocaine contained within two vehicles.
The men also were also part of a home invasion June 6, 2017, in McAllen. The organization actually entered the wrong residence and terrorized a family, including a pregnant female.
Cerda was further held partially accountable for an April 2017 home invasion in San Juan, in which other co-conspirators assaulted juveniles in efforts to steal multiple kilograms of cocaine.
Cerda and Avalos-Sanchez have been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Others who have also pleaded guilty in the conspiracy and are pending sentencing include Roberto Lee Rodriguez aka el Tio or Pica, 39, and Sergio Alejandro Gallegos aka Tovy, both of Mission; and Mexican nationals Jose Garcia-De La Torre aka Coco, 22, Carlos Guadalupe Aquino-Pacheco aka Tomy, 20, Gustavo Angel DeLeon-Covarrubias aka Tripa, 19, Jose Arturo Reyes-Sanchez aka Gordo, 19; and Cesar Alejandro Tovar-Guillen aka Nucho or el Sobrino, 31.
They all also remain in custody.
The FBI Safe Streets Task Force and Drug Enforcement Administration conducted the investigation with the assistance of Border Patrol, Immigrations and Customs Enforcement’s Homeland Security Investigations, Hidalgo County Sheriff’s Office, Texas Department of Public Safety Regional Crime Lab and police departments in McAllen, Pharr, San Juan, Mission and Palmview. Assistant U.S. Attorneys Roberto Lopez Jr. and K. Alejandra Andrade are prosecuting the case.
Sex Offender Pleads Guilty to Immigration and SORNA violationsRead the Press Release
CORPUS CHRISTI, Texas - A 57-year-old Guatemalan national has admitted to two federal felonies after sexual assault conviction, announced U.S. Attorney Ryan K. Patrick.
On or about July 19, 2002, Jose Paxtor-Chiroy was convicted of aggravated sexual assault of a five-year-old child in Harris County. Following his state prison sentence, federal authorities ordered he be deported from the United States and to not return. He was also ordered to register as a sex offender.
He had previously faced removal proceedings on two other occasions.
In the early morning hours of Feb. 27, 2018, authorities located Paxtor-Chiroy walking through a ranch near Sarita. He was attempting to avoid the Border Patrol (BP) checkpoint. At the time of his arrest, he admitted he unlawfully entered the United States by traveling across the Rio Grande River near Hidalgo County.
Under the Sex Offender Registration and Notification Act (SORNA), convicted sex offenders must provide registration updates annually or quarterly, depending on the reportable conviction. Today, Paxtor-Chiroy admitted in federal court that he failed to do so as required. He also pleaded guilty to illegal re-entry into the United States after deportation.
U.S. District Judge Nelva Gonzales Ramos will impose sentencing Nov. 6, 2019. For the immigration offense, he faces up to 20 years in federal prison, while the failing to update his sex offender registration carries a potential 10-year-term of imprisonment. Both convictions also carry a potential $250,000 maximum fine. Not a U.S. citizen, he is again expected to face deportation proceedings.
Paxtor-Chiroy has been and will remain in custody pending that hearing.
Customs and Border Protection and the U.S. Marshals Service conducted the investigation. Assistant U.S. Attorney Reid Manning is prosecuting the case.
Houston Man Hammered for Firearms Offenses Related to CarjackingRead the Press Release
HOUSTON – A 23-year-old Houston man has been ordered to federal prison following his conviction of two counts of brandishing a firearm during a crime of violence, announced U.S. Attorney Ryan K. Patrick.
David Steve Elias pleaded guilty July 16, 2018.
Today, U.S. District Judge David Hittner ordered him to serve 150 months for each offense to run consecutively for a total of 300 months, which will be immediately followed by three years of supervised release. The sentence was enhanced based on the violent nature of the crimes.
Co-defendant Lawrence Benjamin Gordon, 23 of Houston, pleaded guilty to one count of carjacking and one count of brandishing a firearm and received a total sentence of 180 months in federal prison Feb. 27, 2019.
On July 21, 2017, Elias and Gordon successfully carjacked a victim of his Toyota Rav4. The victim was not able to identify either of the suspects, but said that the Hispanic male, later identified as Elias pistol whipped him and told the other accomplice, Gordon, to “grab his [sic].”
On July 22, 2017, Elias and Gordon were both armed when they carjacked a another victim and her boyfriend, stealing a black Lincoln. During the altercation, both defendants pointed the pistols at the victim and ordered them out of the vehicle, at which time Elias struck the male victim in the head with his gun.
The defendants also stole the victim’s iphone. Based on its location, police were able to find Elias and Gordon, followed them for a short while and ultimately attempted to apprehend both men. Elias got out of the vehicle and shot several rounds at the police and attempted to run. Gordon was apprehended from the vehicle.
The victim was later able to identify both of the defendants from a photo lineup, indicating Elias was the one who pistol whipped him.
At the time of their arrest, Gordon admitted he and Elias were involved in the carjacking of Rav4 and the Lincoln. Elias attempted to flea on foot and shot at the police, one police officer was injured with shards of glass from his windshield.
Both men have been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and Houston Police Department conducted the investigation. Assistant U.S. Attorney Jennie Basile is prosecuting the case.
Harlingen Man Sentenced for Child Pornography ChargeRead the Press Release
BROWNSVILLE, Texas – A 63-year-old U.S. citizen from South Texas has been ordered to federal prison following his conviction of possessing of child pornography, announced U.S. Attorney Ryan K. Patrick.
Charles Elmer Fankhauser pleaded guilty Aug. 28, 2018.
Today, U.S. District Judge Fernando Rodriguez ordered he serve 97 months. Following the term of imprisonment, Fankhauser must also serve 10 years of supervised release during which time he during which time he will have to comply with numerous requirements designed to restrict his access to children and the internet. He will also be ordered to register as a sex offender.
At the hearing, the court read excerpts from several impact statements as demonstrating that this is not a victimless crime.
On or about Dec. 26, 2017, authorities initiated an investigation of child pornography sharing which led them to Fankhauser’s address in Harlingen. A search warrant later yielded a laptop computer on which forensic analysis showed approximately 33,914 images and 1,776 videos of child pornography.
Fankhauser was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
Immigration and Customs Enforcement’s Homeland Security Investigations - Rio Grande Valley Child Exploitation Task Force conducted the investigation which was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Assistant U.S. Attorneys Jason Corley and Ana C. Cano prosecuted the case.
Local Man Sent to Prison for Aiming Laser Pointer at an AircraftRead the Press Release
HOUSTON – A 20-year-old Houston man has been ordered to federal prison after admitting to pointing a green laser light at an Airbus AS350 B2 helicopter while it was in the air, announced U.S. Attorney Ryan K. Patrick. Bryan Aldana pleaded guilty Monday, April 22, 2019.
Today, U.S. District Judge Lynn N. Hughes handed Aldana a 48-month sentence to be immediately followed by three years of supervised release. In handing down the sentence, the court noted Aldana’s irresponsible behavior shows he did not give thought to the people flying the aircraft and to the people on the ground. “The world is about responsibilities to other people,” said Hughes.
On June 23, 2018, Texas Department of Public Safety (DPS) agents were flying a the helicopter on routine law enforcement patrol. At approximately 9:00 p.m., they were headed in the northwest direction along highway US-290 when agents observed a flash of green light coming from the left side of the aircraft. At the time, they were at approximately 1000 feet elevation and traveling at a speed of 70-80 knots.
The pilot reversed the aircraft back to the southeast direction and was illuminated again by the green laser, which was powerful enough to light up the entire cockpit. The light caused a glare in the pilot’s eyes and obstructed his vision, forcing him to turn his head and maneuver the Airbus away from it. The pilot also had to close and shield his eyes from the flashing green laser inside the cockpit.
The investigation led to the source of the light at a business near the intersection of Hollister and Pitner Roads in Houston. Aldema was soon identified with the help of the Houston Police Department (HPD) and the store’s security cameras.
Video recordings show Aldana aiming a green laser up in the sky several times and a green laser pointer at the helicopter while sitting in a chair next to a silver sedan. He was also seen placing the green laser device through the opening of the silver sedan window on to the backseat.
Officers seized the laser and submitted it to a National Aeronautics and Space Administration scientist to be examined. The scientist concluded the laser pointer is a Class IIIB laser system and produced a “laser beam” which could result in serious and possibly permanent retinal damage.
Previously released on bond, Aldana appeared before Judge Hughes June 28, 2019, at which time the court found he had violated the terms of his release and ordered Aldana into custody. He will remain there pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI, HPD and DPS conducted the investigation. Assistant U.S. Attorney Joe Porto is prosecuting the case.
Former Law Enforcement Officers ConvictedRead the Press Release
HOUSTON – A federal jury in Houston has convicted two law enforcement officers and a confidential source on drug trafficking charges, announced U.S. Attorney Ryan K. Patrick.
The jury deliberated for approximately four hours before convicting Carmen Saldaňa Meyer, a 64-year-old resident of Mission; and former Edinburg Police Department officer Hector Beltran, 44, and former Border Patrol agent Daniel Polanco, 38, both of Edinburg.
The jury heard the investigation began in 2011 when authorities targeted a drug trafficking organization involved in stealing loads of cocaine from sources of supply. The organization had created fake bundles of drugs and used law enforcement officers to seize them in order to cover up the theft.
During the two-week trial, the government presented evidence that Beltran and Polanco abused their positions of trust as law enforcement officers to further the conspiracy. The jury heard they had seized fake bundles of cocaine and provided co-conspirators with police reports of the seizure.
Meyer was an FBI confidential source and would deliver the seizure paperwork to Gulf Cartel associates in Mexico as proof law enforcement had seized the cocaine as opposed to being stolen and sold.
The jury heard Beltran, Polanco and Meyer all received a payment from drug proceeds.
All three defendants testified at trial and denied participating in the scheme.
The did not believe their claims and convicted all three of conspiracy to possess with intent to distribute more than five kilograms of cocaine. Polanco and Meyer were also found guilty of one and two counts, respectively of possession with intent to distribute cocaine. Polanco was further convicted of making a false statement to federal agents, while Meyer was also found guilty of kidnapping.
All face a minimum of 10 years and up to life in prison as well as a possible $10 million fine. U.S. District Judge Keith P. Ellison has sentencing for Oct. 8, 2019.
Beltran and Polanco were permitted to remain on bond pending that hearing. Meyer has been and will remain in custody.
Nine others, including a former Houston Police Department officer and a former officer with the Harris County Constable’s Office have previously pleaded guilty and are pending sentencing.
Immigration and Customs Enforcement’s Homeland Security Investigations and Drug Enforcement Administration conducted the Organized Crime Drug Enforcement Task Force Investigation dubbed Operation Blue Shame. Assistant U.S. Attorney Casey N. MacDonald and Anibal J. Alaniz are prosecuting the case.
Registered Sex Offender Sent to Prison for Trafficking AgainRead the Press Release
HOUSTON – A 45-year-old Houston man has been ordered to prison following his second conviction related to sex trafficking of minors, announced U.S. Attorney Ryan K. Patrick.
Ronnie Presley, originally from Wichita, Kansas, pleaded guilty March 14, 2019.
Today, U.S. District Judge Alfred Bennett considered Presley’s criminal history, his actions as they related to the exploitation of the minor victim as well as his personal history. The court then imposed a 270-month sentence to be followed by 20 years of supervised release. He will again be ordered to register as a sex offender.
In handing down the lengthy sentence, Judge Bennett noted that while Presley did not perpetrate acts of violence upon the minor victim, her sexual exploitation constituted repeated acts of violence. The court commented that this victim is somebody’s daughter, sister and granddaughter and should not have been caused to engage in commercial sex for anyone’s benefit.
Presley was previously convicted Oct. 4, 2012, of conspiracy to commit sex trafficking, coercion and enticement, and transportation as part of Operation Total Exposure. He was later sentenced to 96 months in prison.
While on supervised release for those offenses, a federal grand jury indicted him in 2017 for similar offenses. Once released from prison for the 2012 conviction, Presley had violated his supervised release and was sentenced to 11 months imprisonment.
While serving that sentence, Presley continued to cause a minor female to engage in commercial sex. Via jail calls and communications with third parties, Presley continued to control the minor victim. In one particular instance, the minor went to the detention facility where Presley was incarcerated and added money to his commissary account.
Presley has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI led the investigation as part of the Human Trafficking Rescue Alliance (HTRA).
HTRA law enforcement includes members of the Houston Police Department, FBI, Immigration and Customs Enforcement’s Homeland Security Investigations, Texas Attorney General’s Office, IRS-Criminal Investigation, Department of Labor, Department of State, Texas Alcoholic and Beverage Commission, Texas Department of Public Safety, Coast Guard and sheriff’s offices in Harris and Montgomery counties in coordination with District Attorney’s offices in Harris, Montgomery and Fort Bend Counties.
Established in 2004, the United States Attorney’s office in Houston formed HTRA to combine resources with federal, state and local enforcement agencies and prosecutors, as well as non-governmental service organizations to target human traffickers while providing necessary services to those that the traffickers victimized. Since its inception, HTRA has been recognized as both a national and international model in identifying and assisting victims of human trafficking and prosecuting those engaged in trafficking offenses.
Assistant U.S. Attorneys Sherri L. Zack and Kimberly A. Leo prosecuted the case.
Former Police Sergeant Sentenced to Federal PrisonRead the Press Release
McALLEN, Texas ‐ A former sergeant with the Progreso Police Department (PPD) has been ordered to serve 20 years in federal prison for drug trafficking, announced U.S. Attorney Ryan K. Patrick and Special Agent in Charge Shane Folden of Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) along with Special Agent in Charge Will R. Glaspy of the Drug Enforcement (DEA) and Acting Special Agent in Charge Andy Tsui of IRS-Criminal Investigation (CI).
“This sentence serves as a sobering reminder about the serious consequences for those who violate the public’s trust,” said Folden. “HSI will continue to work closely with our law enforcement partners to target and investigate those who exploit their positions for financial gain.”
A jury convicted Geovani Hernandez, 45, of Weslaco, March 7, 2019, on two counts of attempting to aid and abet the trafficking of five kilograms of cocaine following a four-day trial and approximately three hours of deliberation.
Today, U.S. District Judge Randy Crane ordered Hernandez to serve 240 months in prison to be immediately followed by five years of supervised release. At the hearing, the court noted the evidence against Hernandez was overwhelming. In imposing the sentence, the court ruled Hernandez abused his position of trust to facilitate the drug trafficking offense and obstructed justice when he attempted to intimidate both the case agent and confidential informant to prevent them from testifying at trial.
Hernandez had been employed as a PPD sergeant from March through August 2017, when a confidential source met with him seeking assistance for a drug trafficking organization. The meetings culminated in Hernandez agreeing to scout for law enforcement to enable a vehicle he believed contained a controlled substance to pass through the Progreso area undetected.
At trial, the jury heard recordings between the informant and Hernandez discussing scouting for the drug load. The government presented evidence that once the drug load made it successfully through Progreso on July 15, 2017, Hernandez gave the informant his Progreso police badge.
The defense attempted to attack the credibility of the witnesses and denied any of Hernandez’s knowledge of the drug trafficking scheme or his attempt to participate in it. The jury was not convinced and convicted him on all counts as charged.
“The public’s trust of our law enforcement officials is very fragile; thus, DEA will always vigorously pursue allegations of drug trafficking within the ranks of the law enforcement community,” said Glaspy. “The sentence handed down today is a reminder to those who may consider betraying their badge and the public’s confidence that you will be held accountable for your actions.”
“Today’s sentencing of this former police officer should serve as a warning that anyone involved in the drug trafficker trade, especially those within a public trust position, will be held accountable for their actions,” added Tsui.
Hernandez has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
HSI and Department of Homeland Security - Office of Inspector General (DHS-OIG) led the investigation into Hernandez. The case arose as a result of the larger Organized Crime Drug Enforcement Task Force Investigation dubbed Operation Blue Shame which HSI, DHS-OIG, DEA and IRS – CI investigated. Assistant U.S. Attorneys (AUSA) James H. Sturgis and Kristen J. Rees prosecuted this case. AUSAs Anibal Alaniz and Casey Macdonald are prosecuting the related drug trafficking case.
Woman Charged with Importing 88 Kilos of MethRead the Press Release
LAREDO, Texas – A 21-year-old Georgia woman faces up to life in prison if convicted on charges of importing methamphetamine into the United States, announced U.S. Attorney Ryan K. Patrick.
Nandi Bibiano was originally charged via criminal complaint. Today, a Laredo grand jury returned a two-count indictment alleging she imported methamphetamine into the United States and conspired to do so. She is set for arraignment before a U.S. magistrate judge in the near future.
The criminal complaint alleges Bibiano, of Brunswick, Georgia, attempted to enter the United States June 28, 2019, at the Lincoln Juarez Bridge Number 2 in Laredo. She was driving a Dodge Caravan, according to the charges. Inside, law enforcement allegedly discovered a modified compartment in the floor of the vehicle in which they recovered 88.40 kilograms of methamphetamine.
If convicted, she faces up to life in prison and a possible $10 million fine.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with assistance from Customs and Border Protection. Assistant U.S. Attorney Jennifer Day is prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Honduran Man Charged with Smuggling Female Child into the U.S.Read the Press Release
McALLEN, Texas - A 22-year-old illegal alien from Honduras has been indicted on charges of human smuggling and making a false family claim, announced U.S. Attorney Ryan K. Patrick.
Luis Fernando Ortiz-Matamoros was originally charged by criminal complaint June 28, 2019. Today, a federal grand jury returned the two-count indictment. He is expected to appear for his arraignment before a U.S. magistrate judge in the near future.
On June 27, 2019, Ortiz-Matamoros allegedly crossed the Rio Grande River near Hidalgo with a young female child, also of Honduras. Martinez claimed to be traveling with his daughter and presented a fraudulent birth certificate for the juvenile, according to the charges.
The criminal complaint indicates he obtained the fraudulent document to show him as the father of the child. However, he was not the father of the child, according to the charges, and was only traveling with the child in order to successfully gain entry into the United States.
If convicted, he faces up to five years in federal prison.
Immigration and Customs Enforcement’s Homeland Security Investigations and Border Patrol conducted the investigation. Assistant U.S. Attorney Matthew Redavid is prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Alien Smuggler Learns Fate for Trying to Run over Federal AgentRead the Press Release
McALLEN, Texas - A 38-year-old Mexican national who was trying to escape from law enforcement and nearly struck a Border Patrol (BP) agent in the process has been ordered to federal prison, announced U.S. Attorney Ryan K. Patrick.
Miguel Mendez-Fajardo pleaded guilty March 28, 2019.
Today, U.S, District Judge Randy Crane ordered him to prison for a total of 44 months. Not a U.S. citizen, Mendez-Fajardo is expected to face deportation proceedings following the sentence. At the hearing, additional evidence was also provided that detailed how Mendez had been harboring aliens in his stash house for several months. In handing down the sentence, the court noted the dangerousness of his conduct, to the point where his vehicle almost careened into a ditch - just hanging over the edge the embankment.
The investigation revealed Mendez-Fajardo was harboring illegal aliens at his residence in Mission. Law enforcement observed him leave the stash house and attempted to pull him over. Instead of complying, Mendez tried to run over a BP agent, forcing the agent to jump out of the way to avoid being struck.
Mendez continued to flee from law enforcement at high rate of speed through a neighborhood before crashing into a ditch.
Authorities ultimately discovered six illegal aliens at his stash house.
Mendez-Fajardo will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
BP conducted the investigation with assistance from the Hidalgo County Precinct 4 Constables office. Assistant U.S. Attorney David A. Lindenmuth is prosecuting the case.
Young Brenham Woman Charged with Trafficking of a MinorRead the Press Release
HOUSTON - A 22-year-old Brenham woman is set to appear in federal court following the return of a three-count indictment alleging sex trafficking of a minor, announced U.S. Attorney Ryan K. Patrick.
Samantha Sanders, previously in state custody, is expected to make her initial appearance today before U.S. Magistrate Judge Christina Bryan at 10:00 a.m.
The federal indictment was returned June 18, 2019.
Sanders is charged with recruiting, harboring and soliciting three minor victims for commercial sex acts. The victims were under the age of 18 at the time of the sexual encounters, according to the indictment. Sanders is alleged to have benefited financially from her involvement in the trafficking of the minor victims.
If convicted, she faces a minimum of 10 years and up to life in prison.
The FBI conducted the investigation with the assistance of the Houston Police Department as part of the Human Trafficking Rescue Alliance (HTRA).
HTRA law enforcement includes members of the Houston Police Department, FBI, Immigration and Customs Enforcement’s Homeland Security Investigations, Texas Attorney General’s Office, IRS-Criminal Investigation, Department of Labor, Department of State, Texas Alcoholic and Beverage Commission, Texas Department of Public Safety, Coast Guard and sheriff’s offices in Harris and Montgomery counties in coordination with District Attorney’s offices in Harris, Montgomery and Fort Bend Counties.
Established in 2004, the United States Attorney’s office in Houston formed HTRA to combine resources with federal, state and local enforcement agencies and prosecutors, as well as non-governmental service organizations to target human traffickers while providing necessary services to those that the traffickers victimized. Since its inception, HTRA has been recognized as both a national and international model in identifying and assisting victims of human trafficking and prosecuting those engaged in trafficking offenses.
Assistant U.S. Attorneys Jill Stotts and Lisa Collins are prosecuting the case.
A indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Third Ward Man Heads to Federal Prison for Drug and Weapons ChargesRead the Press Release
HOUSTON – A 33-year-old Houston resident has been ordered to federal prison following his conviction of manufacturing/possessing with intent to deliver a controlled substance and discharging a firearm during a drug trafficking crime, announced U.S. Attorney Ryan K. Patrick.
Robert Coleman pleaded guilty April 9, 2019.
Today, U.S. District Judge Sim Lake sentenced Coleman to 70 months for the drug charges. He also received 10 years for the firearms conviction which must be served consecutively. The total 190-month term of imprisonment will be immediately followed by three years of supervised release.
The investigation revealed Coleman sold gram quantities of cocaine, crack cocaine, marijuana and pills to various customers on a regular basis. Coleman delivered to customers that were in close vicinity to his residence. Authorities also learned Coleman cooked crack cocaine in his home.
Coleman was taken into custody Nov. 6, 2018, after law enforcement executed a search warrant at his residence. As they entered, Coleman fired a pistol at the door. No one was injured at that time.
He will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Houston Police Department and FBI conducted the investigation. Assistant U.S. Attorney Jennie Basile and John M. Lewis prosecuted the case.
The case is an example of coordination between law enforcement who are part of the Houston Law Enforcement Violent Crime Initiative. The goal is to proactively fight and reduce violent crime across the Greater Houston area by targeting the region’s most violent offenders, augmenting investigative and prosecutorial efforts, and enhancing training, public awareness and education.
Texas Judge Convicted of Bribery and ObstructionRead the Press Release
A Texas state district judge has been convicted of bribery and obstruction, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Ryan K. Patrick for the Southern District of Texas.
Following a six-day trial, Rodolfo “Rudy” Delgado, 65, of Edinburg, Texas, was convicted of one count of Conspiracy; three counts of Federal Program Bribery; three counts of Travel Act Bribery and one count of Obstruction of Justice. Delgado was originally charged in January 2018 by complaint, and then indicted in February 2018. The grand jury issued three superseding indictments.
“Corrupt judges can harm a community’s confidence in our judicial system,” said Assistant Attorney General Benczkowski. “Today’s verdict takes an important step toward restoring that confidence, and affirms that no one – especially not a judge – is above the law.”
“The bribery of a judge may be the worst break of the publics’ trust in government,” said U.S. Attorney Patrick. “Rudy Delgado used his position to enrich himself. He didn’t just tip the scales of justice, he knocked it over with a wad of cash and didn’t look back. Delgado’s actions unfairly tarnish all his former colleagues.”
Delgado is currently a justice in the Thirteenth Court of Appeals for the State of Texas. He was previously the presiding judge for the 93rd District Court for the State of Texas, which has jurisdiction over Texas criminal and civil cases located within Hidalgo County. As a district judge, Delgado conspired with an attorney from January 2008 to November 2016 to accept bribes in exchange for favorable judicial consideration on criminal cases pending in his courtroom.
As part of an investigation conducted by the FBI, Delgado also accepted bribes on three separate occasions in exchange for agreeing to release three of the attorney’s clients on bond in cases pending before his court. The first two bribes totaled approximately $520 in cash and the third bribe, which occurred in January 2018, totaled approximately $5,500 in cash. After Delgado learned of the FBI’s investigation, he also attempted to obstruct justice by contacting the attorney and providing a false story about the payments.
Sentencing has been set for Sept. 25, 2019. Delgado was permitted to remain on bond pending sentencing.
The FBI conducted the investigation. Trial Attorney Peter Nothstein of the Criminal Divison’s Public Integrity Section and Assistant U.S. Attorneys Arthur “Rob” Jones and Robert Guerra are prosecuting the case.
Man Heads to Prison After Communicating Desire to Have Sex with TeenagerRead the Press Release
LAREDO, Texas – A 47-year old Zapata resident has been ordered to federal prison for enticement of a minor, announced U.S. Attorney Ryan K. Patrick. Matthew David Pascoe pleaded guilty April 3, 2019.
Today, U.S. District Judge Diana Saldaña sentenced Pascoe to 120 months. He was also to serve five yearson supervised release following completion of his prison term, during which time he will have to comply with numerous requirements designed to restrict his access to children and the internet. He will also be ordered to register as a sex offender.
In November 2018, Pascoe communicated through an online messaging application with whom he believed was a 15-year-old girl. During these exchanges, Pascoe communicated his desire to engage in sexual intercourse and other sexual acts with the purported minor.
Pascoe arranged a date and time to meet with her with the intent to engage in sexual intercourse. He was taken into custody as he arrived at that location in Laredo Nov. 10, 2018.
Pascoe will remain in the custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with the assistance of the Zapata County Sheriff’s Department and Laredo Police Department.
Assistant U.S. Attorney (AUSA) April Ayers-Perez and former AUSA Giselle Guerra prosecuted the case, which was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Judge Delgado ConvictedRead the Press Release
HOUSTON – A federal jury has convicted a Texas state district judge of bribery, announced U.S. Attorney Ryan K. Patrick and Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division.
The jury convicted Rodolfo “Rudy” Delgado, 65, of Edinburg, following a six-day trial of one count of conspiracy, three counts of federal program bribery, three counts of travel act bribery and one count of obstruction of justice.
“The bribery of a judge may be the worst break of the publics’ trust in government,” said Patrick. ”Rudy Delgado used his position to enrich himself. He didn’t just tip the scales of justice, he knocked it over with a wad of cash and didn’t look back. Delgado’s actions unfairly tarnish all his former colleagues.”
“No one – especially a judge – is above the law,” said Benczkowski. “Corrupt judges erode the confidence we have in our judicial system, but this verdict goes a long way in restoring that confidence.”
Delgado is currently a justice in the 13th Court of Appeals for the State of Texas. He was previously the presiding judge for the 93rd District Court for the State of Texas, which has jurisdiction over Texas criminal and civil cases located within Hidalgo County. As a district judge, Delgado conspired with an attorney from January 2008 to November 2016 to accept bribes in exchange for favorable judicial consideration on criminal cases pending in his courtroom.
As part of the investigation, Delgado also accepted bribes on three separate occasions in exchange for agreeing to release three of the attorney’s clients on bond in cases pending before his court. The first two bribes totaled approximately $520 in cash and the third bribe - in January 2018 - totaled approximately $5,500.
After Delgado learned of the FBI’s investigation, he also attempted to obstruct justice by contacting the attorney and providing a false story about the payments.
Sentencing has been set for Sept. 25, 2019. Delgado was permitted to remain on bond pending that hearing.
The FBI conducted the investigation. Assistant U.S. Attorneys Arthur “Rob” Jones and Robert Guerra are prosecuting the case along with Trial Attorney Peter Nothstein of the Criminal Division’s Public Integrity Section.
Third Man Arrested in Hotel RobberyRead the Press Release
HOUSTON – Three alleged members of the 103 criminal street gang have been charged for their participation in a robbery of America’s Best Value Inn hotel, announced U.S. Attorney Ryan K. Patrick.
Two were previously in custody. Law enforcement arrested the third man - Bernard Robinson, 19 – yesterday. He is expected to make his initial appearance before U.S. Magistrate Judge Christina Bryan today at 10:00 a.m.
A federal grand jury returned the two-count indictment April 25, 2019, against Leonard Murphy, 19, Corey Bishop, 20, and Robinson. Bishop and Murphy made their initial appearances May 2, 2019, at which time U.S. Magistrate Judge Christina Bryan found them to be a danger to the community and ordered them into custody pending further criminal proceedings. They are currently set for trial in October 2019.
The three men are each charged with one count of robbery and one count of discharging a firearm during a crime of violence.
The indictment alleges that on July 26, 2018, law enforcement responded to an aggravated robbery at the America’s Best Value Inn on the Southeast side of Houston. Upon arrival, authorities officers discovered that a group of males had allegedly confronted the hotel’s clerk and demanded access to the cash kept in the lobby. The indictment alleges the three men pistol-whipped the clerk and ultimately shot him.
After stealing the money, they fled from the hotel and into a waiting vehicle, according to the charges.
If convicted, each faces up to 20 years imprisonment for the robbery. The firearms charges also carries a minimum of 10 years which must be served consecutively to any other prison term imposed. Each conviction also carries a possible fine of up to $250,000.
The Houston Police Department and Immigrations and Customs Enforcement’s Homeland Security Investigations conducted the investigation. Assistant U.S. Attorney Lisa Collins is prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Illegal Alien Receives Significant Sentence for Unlawfully Being in the CountryRead the Press Release
BROWNSVILLE, Texas – A 44-year-old Mexican national has been ordered to federal prison for being an aggravated felon who illegally re-entered the United States, announced U.S. Attorney Ryan K. Patrick.
Juan Ramon Arevalo-Guzman pleaded guilty Dec. 21, 2018. He has a history of violent felony robberies in Hidalgo County and was previously deported and ordered not to return.
Today, U.S. District Judge Rolando Olvera ordered Arevalo-Guzman to serve an 84-month term of imprisonment. Not a U.S. citizen, he is expected to again face deportation proceedings following the sentence.
Arevalo-Guzman had aggravated felony convictions in 2002 and 2008. He had terrorized and robbed U.S. citizens at knife point, including one instance in which he committed carjacking and forced the victim to drive him to another city before stealing the vehicle.
On more than 15 separate occasions, Arevalo-Guzman robbed or caused disturbances at a local Hidalgo County church by assaulting the members in the parking lot.
Following his last conviction, he had been removed from the United States – Feb. 15, 2017.
However, he re-entered the country illegally on or about Nov. 1, 2018. At that time authorities found Arevalos-Guzman in the Rio Grande River area near Donna.
He has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Border Patrol conducted the investigation. Assistant U.S. Attorney Justin Schorr Dinsdale prosecuted the case.
Texas Man Pleads Guilty to Attempting to Provide Material Support to ISISRead the Press Release
A 20-year-old U.S. citizen from Houston, Texas, has entered a guilty plea to attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization. Assistant Attorney General for National Security John C. Demers and U.S. Attorney Ryan K. Patrick for the Southern District of Texas made the announcement.
From August 2017 until his arrest in December 2017, Kaan Sercan Damlarkaya attempted to join and support ISIS, and provided information to other ISIS supporters about the use of machetes, the homemade construction of an automatic weapon and how to build and use explosive materials.
As part of his plans to join ISIS overseas, starting in approximately early August 2017, Damlarkaya had numerous online conversations with individuals he believed to be fellow ISIS supporters. During these discussions, he described his intentions to travel overseas to fight for ISIS in Syria or Afghanistan. Damlarkaya added that if he was unsuccessful in joining ISIS overseas, he would conduct an attack on non-Muslims in the United States and that it was his “dream” to be a martyr.
Damlarkaya also provided information to other ISIS supporters, on at least two separate occasions, about ways to manufacture a bomb. Specifically, he described how to make explosives formula using triacetone triperoxide (TATP) and cautioned the others to “take safety seriously while you make this” to be “useful until you can strike.”
Damlarkaya also provided other ISIS supporters with information about how to construct an automatic weapon. He also claimed that he could buy a “GIANT machete for $15” and stated “a lot of us are poor. . . or we don't have experience. So not all of us can get a gun or make explosives, but we can afford to buy a $15 knife.” He claimed that he slept with a machete under his pillow ready to use if law enforcement raided his house.
When agents arrested Damlarkaya, they executed a search warrant at his residence and found a machete by his bed.
U.S. District Judge Andrew S. Hanen accepted the plea today and has set sentencing for Sept. 30, 2019. At that time, Damlarkaya faces up to 20 years in federal prison and a maximum $250,000 possible fine.
He has been and will remain in custody pending that hearing.
The FBI’s Joint Terrorism Task Force conducted the investigation. Assistant U.S. Attorneys Alamdar Hamdani and Rob Jones are prosecuting the case along with DOJ Trial Attorneys Kevin Nunnally and Gregory Gonzalez of National Security Division’s Counterterrorism Section.
New Caney Man Gets Significant Sentence for Sexual Exploitation of ChildrenRead the Press Release
HOUSTON – A 21-year-old local man has been ordered to federal prison for producing child pornography after exchanges on a social media site, announced U.S. Attorney Ryan K. Patrick. Thomas Anthony Garrett pleaded guilty April 3, 2019.
“If parents or guardians are going to allow their minor children on social media, they must be very vigilant,” said Patrick. “No young child should have unsupervised access to social media and they should not have any accounts a trusted adult cannot access at any time. Sadly, there are too many predators out there that exploit children this way.”
Today, U.S. District Judge Kenneth M. Hoyt handed Garrett a sentence of 220 months. The court heard evidence regarding a pattern of abuse which rendered Garrett a repeat and dangerous sex offender. Garrett had also sexually abused two other minor males – ages nine and 12.
Garrett will serve the rest of his life on supervised release following completion of his prison term, during which time he will have to comply with numerous requirements designed to restrict his access to children and the internet. Garrett will also be ordered to register as a sex offender.
Garrett came to the attention of law enforcement in July 2016. A relative of a 12-year-old male victim had found inappropriate messages and pictures on the minor’s iPod and brought it to authorities in Pennsylvania.
At that time, law enforcement reviewed contents of Facebook Messenger interactions between the victim and an individual later determined to be Garrett. The exchanges included several sexually-explicit images which Garrett had requested and the 12-year-old victim provided. The files included exposed genitals and a video of the minor masturbating.
Through the investigation, authorities learned Garrett met the minor victim on Facebook.
Garrett has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Southwestern Regional Police Department in Spring Grove, Pennsylvania, York County District Attorney’s Office and the FBI conducted the investigation.Assistant U.S. Attorney Kimberly Ann Leo prosecuted the case which was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Human Smuggler Admits to Transportation Conspiracy Involving Chinese NationalsRead the Press Release
VICTORIA, Texas – A 47-year-old Mexican national who resided in McAllen and Houston has pleaded guilty on the day trial was set to begin, announced U.S. Attorney Ryan K. Patrick.
Humberto Ramirez-Santos admitted to his involvement in a conspiracy to transport illegal aliens between October 2011 to July 2017. The alien smuggling organization facilitated the smuggling of illegal aliens from multiple countries including individuals from China, Russia, India, Brazil, Honduras, El Salvador, Guatemala and Mexico. Ages of those smuggled into the country ranged from toddlers to the elderly but were mostly comprised of young adults.
At the hearing today, the court heard that smuggling trips were taken every week and the total number of aliens transported are incalculable.
The organization used various methods to facilitate the smuggling. Co-conspirators drove cars and trucks to locations south of Border Patrol (BP) checkpoints. There, they were guided through South Texas ranches to avoid detection. They also used Penske trucks and tractor trailers to smuggle illegal aliens through various checkpoints.
A particular tactic was to select a tractor trailer parked at a South Texas truck stop with a suitable temperature. They would then remove the seal and load the illegal aliens. Members of the organization would follow the vehicle to the next stop somewhere north of the checkpoint to later retrieve them. The drivers would be unaware of their human cargo and were potentially exposed to criminal liability. The aliens were then be transported in closed Penske trucks to Houston.
Ramirez-Santos provided aliens to be smuggled through his contacts in Mexico. He also trained the young members of the organization in how to do counter-surveillance and instructed younger family members in how to move aliens.
Senior U.S. District Judge John Rainey accepted the plea and has set sentencing for Oct. 1, 2019. At that time, Ramirez-Santos faces up to 10 years in prison and a possible $250,000 fine.
Previously released on bond, he was permitted to remain on bond pending sentencing.
Immigration and Customs Enforcement’s Homeland Security Investigations, Border Patrol and Houston Police Department conducted the investigation. Assistant U.S. Attorney Patti Hubert Booth is prosecuting the case.
Houston Man Convicted on Terrorism ChargesRead the Press Release
HOUSTON – A 20-year-old U.S. citizen from Houston has entered a guilty plea to attempting to provide material support to Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization, announced U.S. Attorney Ryan K. Patrick and Assistant Attorney General for National Security John C. Demers.
Kaan Sercan Damlarkaya attempted to join and support ISIS from August 2017 until his arrest in December 2017. In addition to wanting to join ISIS, Damlarkaya also provided information to ISIS supporters about the use of machetes, homemade construction of an automatic weapon and how to build and use explosive materials.
As part of his plans to join ISIS overseas, starting in approximately early August 2017, Damlarkaya had numerous conversations online with many individuals he believed to be fellow ISIS supporters. During these discussions, he described his intentions to travel overseas to fight for ISIS in Syria or Afghanistan. Damlarkaya added that if he was unsuccessful in joining ISIS overseas, he would conduct an on attack on non-Muslims in the United States and that it was his “dream” to be a martyr.
Damalarkaya also provided information to other ISIS supporters, on at least two separate occasions, about ways to manufacture a bomb. Specifically, he described how to make explosives formula using triacetone triperoxide and cautioned the others to “take safety seriously while you make this” to be “useful until you can strike.”
Damlarkaya further illustrated to ISIS supporters ways to construct an automatic weapon. He claimed he could buy a “GIANT machete for $15” and stated “a lot of us are poor… or we don't have experience. So not all of us can get a gun or make explosives, but we can afford to buy a $15 knife.” He claimed he slept with a machete under his pillow ready to use if law enforcement raided his house.
When agents arrested Damlarkaya, they executed a search warrant at his residence and found a machete by his bed.
U.S. District Judge Andrew S. Hanen accepted the plea today and has set sentencing for Sept. 30, 2019. At that time, Damlarkaya faces up to 20 years in federal prison and a maximum $250,000 possible fine.
He has been and will remain in custody pending that hearing.
The FBI’s Joint Terrorism Task Force conducted the investigation. Assistant U.S. Attorneys Alamdar Hamdani and Rob Jones are prosecuting the case along with DOJ Trial Attorneys Kevin Nunnally and Gregory Gonzalez of National Security Division’s Counterterrorism Section.
Fourth Defendant Admits to Robbing Local Business with a FirearmRead the Press Release
CORPUS CHRISTI, Texas – A 22-year-old resident of Corpus Christi has entered a guilty plea to robbery and brandishing a firearm in furtherance of a crime of violence, announced U.S. Attorney Ryan K. Patrick.
Francisco Chavera appeared before U.S. Magistrate Judge Janice B. Ellington today and admitted he robbed the Texas Food Mart in the 6100 block of Williams on Aug. 5, 2018, along with Matthew Joseph Bryant, 24, Nathealle Avori Tyrell Jones, 21, and Corey Alexander Newman, 25, all of Corpus Christi.
Officers responded to the aggravated robbery and observed a vehicle matching the reported description of the suspects’ vehicle and attempted to conduct a traffic stop. The vehicle fled until crashing into a utility pole, at which time all four occupants ran. After a short foot pursuit, authorities arrested all four individuals.
At that time, law enforcement searched the vehicle and the surrounding area and discovered U.S. currency, convenience store items, cigarettes, disposable gloves and a loaded handgun with an extended magazine.
Surveillance footage at the location showed two males wearing dark clothing and bandanas covering their faces had entered the store. As one male, who was later identified as Bryant, stayed by the front door and pointed a handgun at the clerk. The other male, later confirmed to be Chavera, went behind the counter and emptied the cash register into a bag along with cigarettes and flavored cigars. Both men then took the clerk’s cellular phone and wallet before leaving the store and fleeing in a dark colored sedan Jones was driving.
Bryant, Jones and Newman each pleaded guilty Jan. 31, 2019. Senior U.S. District Judge Janis Graham Jack later sentenced Bryant and Jones each to a 33-month sentence for the robbery to be followed by an additional 84 months for the firearms charge which must be served consecutively to the other sentences imposed. Both must also serve five years of supervised release following completion of their sentences.
Newman is pending sentencing before Judge Jack later this year.
Judge Jack will impose Chavera’s sentencing Oct. 31, 2019. At that time, he faces up to 20 years imprisonment and a maximum $250,000 possible fine for the robbery and a minimum of seven years for brandishing a firearm during a crime of violence which must be served consecutively to any other sentence imposed.
Chavera and Newman have been and will remain in custody pending their sentencing hearings.
The Corpus Christi Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant U.S. Attorney Lance Watt is prosecuting the case.Kitchen Supervisor Set to Appear in Court for Actions Related to Prohibited Relationship with Federal InmateRead the Press Release
LAREDO, Texas - A federal grand jury sitting in Laredo has indicted a 51-year-old Laredo resident for making a false statement and providing contraband in prison, announced U.S. Attorney Ryan K. Patrick.
A federal grand jury returned the indictment against Oralia Aparicio July 2, 2019. She is expected to make her initial appearance before U.S. Magistrate Judge Diana Song Quiroga at 9:00 a.m. today.
Aparicio was employed by GEO Group Inc. as a Kitchen Supervisor. According to the indictment, she engaged in a prohibited relationship with a federal inmate over a period of several months at the Rio Grande Detention Center in Laredo. GEO is a Florida-based company that contracts with the Office of the Federal Detention Trustee to operate private corrections facilities.
Aparicio allegedly made false representations in order to avoid detection. The charges allege she contributed money to and placed orders on the commissary account of a federal inmate with whom she was engaged in a prohibited romantic relationship. Aparicio also violated federal law when she provided the inmate with contraband items, such as a prescription medication, over-the counter medicine, a nasal inhaler and photographs of herself, according to the indictment.
If convicted, Aparicio could face up to five years imprisonment as well as a $250,000 maximum possible fine.
The FBI and Department of Justice - Office of the Inspector General conducted the investigation with the assistance of the U.S. Marshals Service.
Assistant U.S. Attorney Sebastian Edwards is prosecuting this case.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.South Texas Man Charged with Child Exploitation via Social Media AppsRead the Press Release
McALLEN, Texas — A 22-year-old Alton man has been indicted for coercion and enticement of a minor, announced U.S. Attorney Ryan K. Patrick.
Dan Eliud Moncada-Gonzalez was originally charged by criminal complaint June 11, 2019, as he arrived at a local spot to meet whom he thought was a 13-year-old female. Today, a federal grand jury returned the indictment charging him with one count of coercion and enticement of a minor. He is expected to appear for his arraignment before U.S. Magistrate Judge Ormsby July 11, 2019.
The complaint alleges that beginning June 11, 2019, Moncada enticed an individual he believed to be a 13-year-old female on a social media app. Moncada allegedly sent multiple unsolicited sexually explicit images of himself, and others, and requested to meet in person at an agreed upon location. The charges allege that in those conversations, he described sexual acts he desired to perform.
Moncada was taken into custody as he arrived at a local park, allegedly expecting to engage in sexual activity with a minor.
If convicted, Moncada faces a minimum of 10 years in federal prison.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation as part of the Rio Grande Valley Child Exploitation Investigations Task Force.
Assistant U.S. Attorneys Michael Mitchell and Claire Nguyen are prosecuting the case. This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
An indictment or criminal complaint is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Local Man Indicted for Importing 3,000 Oxycodone Pills into United StatesRead the Press Release
McALLEN, Texas – A 40-year-old Mission man has been charged with importing oxycodone into the United States from Mexico, announced U.S. Attorney Ryan K. Patrick.
Jose Luis Guerra Jr., was originally charged by criminal complaint June 7, 2019, after being apprehended as he attempted to cross the border from Mexico at the Progreso Port of Entry. Today, a federal grand jury returned the four-count indictment charging him with conspiracy, importing and possessing with intent to distribute Oxycodone. He is expected to appear for his arraignment before U.S. Magistrate Judge Ormsby July 11, 2019.
Guerra allegedly attempted to enter the United States at the Progreso Port of Entry June 7, 2019, by foot. The complaint alleges he had numerous cookie boxes in his possession. Authorities searched the boxes and located approximately 3,000 oxycodone pills, totaling approximately 612 grams.
If convicted, Guerra faces up to 20 years prison and a possible $1 million maximum fine.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with assistance from Customs and Border Protection. Assistant U.S. Attorneys Steven Belt and Michael Mitchell are prosecuting the case.
An indictment or criminal complaint is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Houston Area Physician Pleads Guilty to Health Care FraudRead the Press Release
HOUSTON - A local physician has admitted to participating in a conspiracy involving medical tests, procedures and office visits that were not medically necessary, not properly provided or both, announced U.S. Attorney Ryan K. Patrick.
Rezik Saqer, 64, a licensed anesthesiologist of Houston, entered his guilty plea before Magistrate Judge Christina Bryan this morning.
At the hearing, Saqer admitted he submitted fraudulent claims to Medicare and other private insurance companies for financial gain.
From around January 2010 through September 2015, Saqer and his co-conspirators often overbooked patient appointments to maximize billings. Unlicensed co-conspirators often conducted the follow-up appointments which frequently lasted less than the typical face-to-face time that is require. These unlicensed co-conspirators were unqualified to perform medical care in the United States. However, Saqer frequently billed and caused the billing of higher reimbursement codes.
Saqer billed, or caused to be billed, millions of dollars for medical tests, procedures and office visits that were not medically necessary, not properly provided or both.
Sentencing has been set for Oct. 22, 2019, before Chief U.S. District Judge Lee H. Rosenthal. At that time, Saqer faces up to 10 years in federal prison and a possible $250,000 maximum fine.
He was permitted to remain on bond pending that hearing.
The Drug Enforcement Administration, FBI and IRS – Criminal Investigtion conducted the investigation. Assistant U.S. Attorney Tina Ansari and Department of Justice trial attorneys Andrew Pennebaker and Devon Helfmeyer are prosecuting the case.
Federal Judge Hands Down Life Sentences to Armored Car Murder CrewRead the Press Release
HOUSTON – Four Houston men will serve the rest of their lives behind bars for the robbery and murder of an armored car guard and attempted robbery and murder of another, announced U.S. Attorney Ryan K. Patrick.
A federal jury deliberated for eight hours before convicting Nelson Alexander Polk, 40, Marc Anthony Hill, 48, John Edward Scott, 43, and Bennie Charles Phillips Jr., 32, on March 29, 2019, following a nine-day trial. All were convicted of attempted interference with commerce by robbery and aiding and abetting discharge of a firearm during a crime of violence. The jury also convicted Hill and Polk of aiding and abetting interference with commerce by robbery and aiding and abetting discharge of a firearm during a crime of violence causing the death of another.
Today, U.S. District Judge David Hittner sentenced each man to life in prison for their roles in the offenses. At the hearing, the court heard from the victim’s family who described the impact of the murder on their lives. They described waiting for their son, brother and fiancé to come home from work and that he should have never had to die for “easy money.”
The sentences stemmed from the robbery and murder of a Brinks armored car guard Aug. 29, 2016, at Wells Fargo Bank located at 13120 Northwest Freeway as well as the attempted robbery of a Loomis armored car guard at Amegy Bank located at 400 N Sam Houston Pkwy E Dec. 7, 2016.
All members of the crew received at least life in prison because each member knew the scheme involved murdering the guard then stealing the money.
Hill and Polk were sentenced to two consecutive life terms followed by 240 months for their roles in both robberies and murder. Scott and Phillips received life in prison followed by a consecutive 240 months for their roles in the attempted robbery and murder of the Loomis guard at Amegy Bank.
Hill conducted extensive surveillance at both locations and was there during the time of the Wells Fargo murder and robbery. He was also near the Amegy Bank poised to pick up the robbery crew members in a getaway vehicle.
Polk, Hill’s nephew, drove the car that would pull up on the dying guard for another crew member to get out and steal the money. Polk confessed to his roles in the crimes and admitted he knew the leader intended to “lay [the guard] down” so he could easily steal the money from the dying armored guard.
Phillips recruited Trayvees Duncan-Bush, 32, also of Houston, who would take the money off of the dying guard. He made sure that Duncan-Bush had a phone, instructions and a hotel room in preparation for the robbery/murder plot. Scott acted as an outside perimeter lookout. He alerted the crew via cell phone when the armored truck was headed towards the bank and watched for law enforcement.
At trial, the jury heard that a now-deceased individual had allegedly led the robbery crew, which would conduct extensive surveillance of banks’ ATMs and armored car routes before executing the robberies. The plan involved the leader lying in wait for the guard to begin service of the ATM. He would then shoot the guard from a distance with a high caliber rifle so another member of the robbery crew could pull up and take the money.
When law enforcement moved in to arrest the subjects Dec. 7, 2016, the leader of the crew allegedly came out firing his weapon and police responded, killing him.
Those sentenced today will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Duncan-Bush had pleaded guilty to conspiracy to commit interference with commerce by robbery and aiding and abetting discharge of a firearm during a crime of violence prior to trial. He is set for sentencing Aug. 14, 2019, at which time he faces up to 20 years in prison.
The FBI, Houston Police Department and Bureau of Alcohol, Tobacoo, Firearms and Explosives conducted the investigation. Assistant U.S. Attorneys Heather Winter and Richard Hanes are prosecuting the case.
The case is an example of coordination between law enforcement who are part of the Houston Law Enforcement Violent Crime Initiative. The goal is to proactively fight and reduce violent crime across the Greater Houston area by targeting the region’s most violent offenders, augmenting investigative and prosecutorial efforts, and enhancing training, public awareness and education.
It was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.
Convicted Felon Headed Back to Prison on Firearms ChargeRead the Press Release
CORPUS CHRISTI, Texas – A 29-year-old Corpus Christi resident has been ordered to federal prison following his conviction for being a previously convicted felon in possession of a firearm and ammunition, announced U.S. Attorney Ryan K. Patrick. Lorenzo Cervantes pleaded guilty Feb. 19, 2019.
Today, U.S. District Judge Nelva Gonzalez Ramos sentenced Cervantes to 77 months to be immediately followed by three years of supervised release.
On Nov. 21, 2018, law enforcement was on patrol at an apartment complex in the 4600 block of Kostoryz when they observed several individuals trespassing inside a vacant apartment. Cervantes was attempting to leave as authorities approached the door. However, upon seeing the officers, he ran back into the vacant apartment. As they attempted to detain Cervantes, the officers discovered a loaded .40 caliber semi-automatic handgun on the floor next to him.
Cervantes was previously convicted of multiple felony offenses, including being a felon in possession of a firearm. As such, he is prohibited from possessing firearms and ammunition per federal law.
He has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Corpus Christi Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant U.S. Attorney Lance Watt is prosecuting the case.
Brookshire Woman Admits to Sending Homemade Bombs to State and Federal OfficialsRead the Press Release
HOUSTON – A 47-year-old resident of Brookshire has pleaded guilty to transportation of explosives with the intent to kill, injure and intimidate a person, announced U.S. Attorney Ryan K. Patrick along with Special Agent in Charge Perrye K. Turner of the FBI.
Julia Ann Poff admitted to mailing a package on or about Oct. 2 - 3, 2016, that contained a homemade bomb that was addressed to the former president of the United States. As part of her plea, she also acknowledged mailing two similar packages addressed to the Texas governor and the then Acting Social Security Administrator.
Each of those packages contained a victim-activated, booby trapped, improvised explosive device (IED) containing explosives materials.
“This was a resource-intensive investigation that involved the safety of the Texas Governor, President of the United States and the Social Security Administration,” said Turner. “Fortunately, no one was hurt, but the threat that Poff posed and the fear she incited was serious and real. The FBI spots, assesses and mitigates threats daily. For the last three years, the men and women of the FBI Bryan Joint Terrorism Task Force (JTTF) and its partners worked relentlessly to bring Poff’s life-threatening actions to an end. This is what the FBI does every day to keep our community safe, whether you reside in a private home, the Governor’s House or the White House.”
The investigation revealed that on Oct. 6, 2016, authorities intercepted a U.S. Postal Service (USPS) small, flat rate box at a White House mail handling facility at Bolling Air Force Base in the District of Columbia. They opened the package, and it appeared to contain a bomb.
An FBI explosives expert conducted an examination and determined it to be a homemade bomb.
Further examination linked the box and its contents to Julia Poff or her husband. The outer box contained a taped address label, under which they found a feline hair. Testing revealed this hair was microscopically consistent with the hairs taken from a cat the Poff family cared for and owned. Also, a box contained within the USPS box contained a micro-USB cable box, cellular phone, hobby fuse, matches, paper wadding, plastic sacks, sandpaper and two 20-ounce coke bottle caps as well as pyrotechnics and smokeless powder.
Poff’s daughter identified the phone as her old cell phone which was last seen in their home’s garage in August or September 2016. Authorities also learned Poff used her bank debit card to purchase a micro-USB box with the same bar code as the one found in the USPS package.
Poff admitted today she was solely responsible for sending the bomb-filled packages.
U.S. District Judge Vanessa Gilmore accepted the plea and has set sentencing for Nov. 18, 2019. At that time, she faces up to 10 years in federal prison and a maximum $250,000 possible fine.
She has been and will remain in custody pending that hearing.
The Bryan FBI JTTF conducted the investigation with assistance from the U.S. Postal Inspection Service, Texas Rangers, Social Security Administration - Office of Inspector General (OIG) and Department of Agriculture - OIG. The Bryan Resident Agency JTTF is comprised of the FBI; sheriff’s offices in Brazos, Waller and Walker Counties; police departments in Bryan, Texas A&M University and College Station; Secret Service; Texas Department of Criminal Justice - OIG and Immigration and Customs Enforcement’s Homeland Security Investigations.
Assistant U.S. Attorneys Ralph Imperato, Rob Jones and Alamdar Hamdani are prosecuting the case.