Thread: Tx - Border Patrol shooter gets 6 years

BP shooter gets 6 years

By JASON BUCH
LAREDO MORNING TIMES
Published: Wednesday, February 18, 2009 2:55 AM CST
A federal judge on Tuesday sentenced an undocumented immigrant to nearly six years in prison for shooting at two Border Patrol agents last year near Rio Bravo.

The agents on the afternoon of Sept. 13 were on foot chasing immigrants along Tulipan Drive, which runs parallel to the Rio Grande, when they came upon a black truck, according to court records.

From inside that truck, Bernardo Javier Gutierrez started shooting at them with a 9 mm pistol, according to Gutierrez's plea agreement.

Both agents sought cover, and one fired at the truck as it pulled away, according to the plea agreement.


Looking for payback


A short time later, another group of agents pulled over the truck and detained its occupants, Mario Alberto Garcia Jr. and Manuel Alberto Santana, both U.S. citizens.

Garcia and Santana told the agents they had given Gutierrez, who was drunk, a ride to the river so he could shoot at Border Patrol cameras, according to court records.

Gutierrez wanted to shoot the cameras because Border Patrol agents had captured a group of immigrants he was transporting, according to the records.

When they got to the river, Gutierrez started shooting, and when the men saw the Border Patrol agents, they fled, according to the records.

Gutierrez was arrested later that day near the corner of Centeno Lane and Montiel Drive.

Gutierrez pleaded guilty in November to assault on a federal officer and being an undocumented immigrant in possession of a firearm.

His attorney, Eduardo Peña, argued in court Tuesday that Gutierrez had not been trying to shoot the agents and deserved a lower sentence under federal guidelines.

"My intention was not to hurt a federal agent," Gutierrez said.

"I want to repeat again that was not my intention. I didn't know what I was doing."

Assistant U.S. Attorney James Ustynoski said one of the agents had seen Gutierrez following him with the gun as he ran for cover.

U.S. District Judge Micaela Alvarez told Gutierrez he was lucky he hadn't hit one of the agents and sentenced him to 70 months in prison.

Attorneys representing Garcia and Santana said their clients did not know what was going to happen when they took Gutierrez to the river. Both faced up to six months in prison.

Alvarez told them she was considering sending them to prison.

"On the other hand, I'm hopeful this has been enough to scare you into straightening up," she said, before sentencing Garcia and Santana to three years' probation.

(Jason Buch may be reached jbuch@lmtonline.com)


http://www.lmtonline.com/articles/2009/ ... 468132.txt

A short time later, another group of agents pulled over the truck and detained its occupants, Mario Alberto Garcia Jr. and Manuel Alberto Santana, both U.S. citizens.

Garcia and Santana told the agents they had given Gutierrez, who was drunk, a ride to the river so he could shoot at Border Patrol cameras, according to court records.

Gutierrez wanted to shoot the cameras because Border Patrol agents had captured a group of immigrants he was transporting, according to the records.

And these guys are US citizens transporting an illegal who is drunk with a gun? Nice citizens.