Multiple Desert Deaths Discovered by U.S. Border Patrol Agents Over the Weekend Smugglers Continue to Leave People to Die

Tucson, Ariz. – Tucson Sector Border Patrol agents located three dead bodies over the weekend throughout southern Arizona. Each one perished as a result of exposure to the harsh desert environment.

In separate incidents Saturday, agents discovered three deceased subjects, all of whom are believed to be illegal immigrants. Casa Grande Station agents working near Sells, Ariz., located a pregnant female, dehydrated and in need of medical attention, sitting with her deceased husband. The Guatemalan couple had crossed the border two days earlier and had been abandoned by their smuggler when the husband collapsed. Later in the day, Border Patrol Search, Trauma and Rescue agents located the remains of a male near Queens Well, Ariz. The man appeared to be in his twenties. In both incidents, the Tohono O’odham Police Department (TOPD) responded to investigate. In the evening, Ajo Station agents located a third deceased male northwest of Lukeville. The man, approximately 30-35 years old, was found lying on the ground naked in an apparent desperate attempt to cool down. Pima County Sheriff’s Office took control of the scene.

In an incident early yesterday, Casa Grande Station agents apprehended a small group of illegal immigrants west of Sells. The group told agents where one man from their group had fallen behind and died. Agents responded to the area and located one deceased Mexican male. TOPD was notified and responded to the scene.

As temperatures increase, the risks associated with crossing the Sonoran Desert cannot be understated. Last month, Border Patrol agents located 19 deceased individuals, a result of blistering temperatures setting in earlier this year and ruthless smugglers who lie to desperate immigrants by telling them they will walk a short distance. In reality, they are forced to walk great distances within short periods of time. Those unable to keep up are left behind to die.

Citizens are encouraged to share these stories with friends and family who may be considering crossing into the country illegally. The high temperatures and increased threat of exposure are only two of the many risks people face when they decide to travel through the desert.

We welcome assistance from the community. Citizens can report suspicious activity to the Border Patrol and remain anonymous by calling (877) 872-7435 toll free.

U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation's borders at and between official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.

Federal Officials Close Investigation into the Death of Sergio Hernandez-Guereca

The Justice Department and the U.S. Attorney’s Office for the Western District of Texas announced today that there is insufficient evidence to pursue federal criminal charges against a U.S. Customs and Border Protection (CBP), Office of Border Patrol agent for the fatal shooting of the late Sergio Hernandez-Guereca, a 15-year-old Mexican national shot within a spillway of the Rio Grande River along the United States – Mexico border on June 7, 2010.      

The Justice Department conducted a comprehensive and thorough investigation into the shooting, which occurred while smugglers attempting an illegal border crossing hurled rocks from close range at a CBP agent who was attempting to detain a suspect.  In conjunction with agents from the FBI and Department of Homeland Security, Office of the Inspector General (DHS-OIG), prosecutors from the Justice Department’s Civil Rights Division and the U.S. Attorney’s Office interviewed more than 25 law enforcement and civilian witnesses.  In addition, they collected, analyzed and reviewed:  evidence from the scene of the shooting; civilian and surveillance video; law enforcement radio traffic; 911 recordings; volumes of CBP agent training and use of force materials; and the shooting agent’s training, disciplinary records, and personal history.  Also, they conducted site visits and analysis and consulted with the International Boundary and Water Commission concerning jurisdictional issues.  

The team of experienced prosecutors examined the shooting as a possible violation of U.S. criminal civil rights laws and as a possible violation of federal homicide statutes.   With regard to the federal homicide statutes, the team of prosecutors and agents concluded that there is insufficient evidence to pursue prosecution of the CBP agent for a federal homicide offense.  This review took into account evidence indicating that the agent’s actions constituted a reasonable use of force or would constitute an act of self defense in response to the threat created by a group of smugglers hurling rocks at the agent and his detainee. The investigation also revealed that, on these particular facts, the agent did not act inconsistently with CBP policy or training regarding use of force.  Based on a careful review and analysis of all the evidence, the team concluded that evidence would not be sufficient to prove beyond a reasonable doubt that the CBP agent violated the federal homicide laws in the shooting of Hernandez-Guereca.

 The Justice Department also concluded that no federal civil rights charges could be pursued in this matter.  Under the applicable civil rights statutes, prosecutors must establish, beyond a reasonable doubt, that a law enforcement officer willfully deprived an individual of a constitutional right, meaning with the deliberate and specific intent to do something the law forbids.  This is the highest standard of intent imposed by law.  Accident, mistake, misperception, negligence and bad judgment are not sufficient to establish a federal criminal civil rights violation.  After a careful and thorough review, a team of experienced federal prosecutors and FBI agents determined that the evidence was insufficient to prove, beyond a reasonable doubt, that the CBP agent acted willfully and with the deliberate and specific intent to do something the law forbids, as required by the applicable federal criminal civil rights laws.  Moreover, a prosecution under the federal criminal civil rights statutes would be barred because the investigation determined that Hernandez-Guereca was neither within the borders of the United States nor present on U.S. property, as required for jurisdiction to exist under the applicable federal civil rights statute. 

Accordingly, the investigation into this incident has been closed without prosecution.

The U.S. government regrets the loss of life in this matter, and the Civil Rights Division, the U.S. Attorney's Office for the Western District of Texas, the FBI and DHS devoted significant time and resources into conducting a thorough and complete investigation. The USG commits to continue to work with the Mexican government within existing mechanisms and agreements to prevent future incidents.  The Justice Department is committed to investigating allegations of excessive force by law enforcement officers and will continue to devote the resources required to ensure that all allegations of federal civil rights violations are fully and completely investigated.  The department aggressively prosecutes criminal civil rights violations whenever there is sufficient evidence to do so.

Federal Indictment Charges Air Force Sergeant and Wife with Child Abuse Resulting in Death

LAS CRUCES—Yesterday, a federal grand jury sitting in Albuquerque, New Mexico filed a seven-count indictment charging Peter John Zayas, 27, an Air Force sergeant stationed at Holloman Air Force Base; and his wife, Sophia Monique Zayas, 30, with child abuse offenses arising out of the death of their 2-month-old daughter.

U.S. Attorney Kenneth J. Gonzales said that Peter and Sophia Zayas were arrested without incident yesterday afternoon by the FBI and the Air Force Office of Special Investigations. Peter and Sophia Zayas remain in federal custody pending their initial appearances in federal court in Las Cruces, New Mexico tomorrow morning.

Count one of the indictment alleges that, between October 21, 2007 and October 22, 2007, Peter and Sophia Zayas caused their infant daughter’s death by intentionally torturing and punishing the child. The penalty for a conviction on this charge is life imprisonment.

Counts two, three, and four allege that, between October 1, 2007 and October 21, 2007, Peter and Sophia Zayas caused great bodily harm to their infant daughter by intentionally torturing and punishing the child. The maximum penalty for a conviction on any one of these three counts is 18 years of imprisonment.

Counts five, six, and seven allege that, between August 16, 2007 and October 20, 2007, Peter and Sophia Zayas endangered the life of their infant daughter by intentionally torturing and punishing the child. The maximum penalty for a conviction on any one of these three counts is three years of imprisonment.

According to the indictment, the seven offenses charged in the indictment allegedly took place in Otero County, New Mexico at Holloman Air Force Base.

The case was investigated by the FBI and is being prosecuted by Assistant U.S. Attorneys Maria Y. Armijo and Nathan J. Lichvarcik.

Charges and indictments are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

Former Prince George’s County, Maryland, Detention Officer Indicted for Death of Ronnie White

WASHINGTON – The Justice Department announced today that a federal grand jury in Greenbelt, Md., has indicted Anthony McIntosh, 48, a former corrections officer at the Prince George’s County Detention Center, in Upper Marlboro, Md., on three charges related to the in-custody death of a pretrial detainee, Ronnie White, on June 29, 2008, and McIntosh’s subsequent attempts to cover-up his involvement in White’s death. Earlier today, McIntosh was arrested in New York City by the FBI.

McIntosh is charged with a federal civil rights violation for deprivation of rights under color of law in connection with the death of White. It is alleged in the indictment that McIntosh discovered White in his cell, unresponsive and in apparent need of emergency medical care, and walked away without providing medical care or notifying PGDOC personnel of the emergency, thereby acting with deliberate indifference to a substantial risk of harm to White.  

McIntosh also is charged with two counts for destruction, alteration or falsification of records in a federal investigation, specifically for falsifying an incident report and a witness statement regarding White’s in-custody death.

McIntosh faces a maximum penalty of life in prison for the civil rights offense. He faces a maximum penalty of 20 years in prison on each count of falsification of records in a federal investigation. The maximum fine for each count is $250,000.

An indictment is merely an accusation, and the defendant is presumed innocent unless proven guilty.

The case is being investigated by the Baltimore Division of the FBI and is being prosecuted by Special Litigation Counsel Forrest Christian and Trial Attorney Carroll McCabe of the Civil Rights Division of the Department of Justice.

U.S. Attorney John Walsh Issues Letter Discussing FBI Investigation Into the Law Enforcement Shooting Death of Spencer Posey on the Ute Mountain Ute Indian Reservation

DURANGO, CO—U.S. Attorney John Walsh this afternoon released a letter discussing his review of the Federal Bureau of Investigation’s (FBI) findings in the law enforcement shooting death of Spencer Posey, an enrolled member of the Ute Mountain Ute Indian Tribe. The evidence established that the Bureau of Indian Affairs (BIA) officer fired a single shot in self-defense when Posey yelled that he would kill the officer, and charged him, wielding a hatchet. Posey ultimately died as a result of the gunshot wound. Based on a review of the FBI’s investigation, including a review of the facts, applicable law, and forensic evidence, U.S. Attorney John Walsh concluded that no criminal charges may properly be filed against the BIA officer.

The conclusion of the U.S. Attorney’s review of the shooting is outlined in a letter which was written to Gary Hayes, Chairman of the Ute Mountain Ute Tribal Council.