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Mara Salvatrucha member jailed for smuggler's murder
April 29,2006
Cari Hammerstrom
Monitor Staff Writer


RIO GRANDE CITY — Last August, an illegal immigrant retaliated against a human smuggling guide by beating him with a stick and leaving him to die in a wooded area north of Roma.

On Thursday, a jury in Judge Alex Gabert’s 229th state District Court sent the message that no violence will be tolerated — no matter what its root cause.

Carlos Omar Martinez Rivera, a member of the notorious Mara Salvatrucha gang, was sentenced to 50 years in prison for the homicide. Charges were dropped against co-defendant Alfredo Lopez Gutierrez, said prosecutor Marco Treviño.

While still in Mexico, Treviño explained, a human smuggler sardined 10 people, including Martinez, into the extended cab of a pickup truck. They were suffocating, and one immigrant who was fed up with the treatment told the coyote that if the trip were to continue in that manner, he did not want to continue.

The coyote took the immigrants, six of whom were Mara Salvatrucha gang members from El Salvador, to a house in Miguel Aleman with other immigrants.

The group never saw the man that complained again. It is not known what happened to him, Treviño said.

Three witnesses in the trial testified that the group escaped the Mexican stash house and tried to contact the Federal Agency of Investigation (AFI), Mexico’s version of the FBI. But the police brought them back to the house instead of helping them, they said.

The human smugglers continued the trek, moving a total of 25 illegal immigrants, including Martinez and four other gang members, across the river under the cover of darkness.

On the U.S. of the Rio Grande, the immigrants were turned over to two guides.

As the group came to a fence, one guide — Juan Javier Gutierrez, a 20-something Mexican national — made sure all the immigrants got across.

At that point, the witnesses — the co-defendant and immigrants from two Central American countries —testified Martinez, who was the last to cross, picked up a long piece of wood and whacked the guide across the back.

He beat the guide to death, Treviño said, and the group of immigrants scattered.

Starr County sheriff’s deputies picked up the three undocumented immigrants from the group who had run away after the attack. They led the deputies to the body of the guide, who was working for the coyote.

A total of 10 people were detained. All but the three material witnesses were turned over to immigration authorities for removal. Now that the trial has concluded, the witnesses will be processed for deportation as well.

Martinez faced five to 99 years for the first-degree murder of Gutierrez, but received 50.

Prosecutors said they are pleased with the outcome.

"The jury sent a message that crime will not be tolerated in Starr County," Treviño said.

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Cari Hammerstrom covers law enforcement and general assignments for The Monitor. You can reach her at (956) 683-4424.