NEW: Driver in deadly crash to serve 10 years for smuggling
Web Posted: 05/18/2005 05:15 PM CDT
http://www.mysanantonio.com/news/crime/ ... 83550.html
Guillermo Contreras
Express-News Staff Writer

A man convicted of driving a pickup full of undocumented workers involved in a deadly Frio County crash last year was sentenced today to 10 years in prison.

U.S. District Judge W. Royal Furgeson rejected requests for leniency for Heriberto Garcia Herrera, 29, who was convicted of four charges of immigrant-smuggling conspiracy, including one count relating to the death of Ivan Hernandez Ramirez, 15.

At his January trial, jurors determined Garcia drove a pickup truck full of some 15 immigrants that led police on a 48-mile high-speed chase before the truck ran over a spike belt and crashed into an embankment on U.S. 57 at Interstate 35. Several immigrants were injured in the March 2, 2004, wreck.

Garcia denied being the driver, and his lawyer, Pascual Madrigal, disputed probation officers' findings that his client acted in a supervisory role -– a determination that cranks up sentencing under federal guidelines. Madrigal blamed the crash on state police for placing a spike belt that punctured the truck's tires too close to a curve.

"After watching the trial, I came away with the clear impression that your client was in the lead here and that he was the driver," Furgeson said. "I also find he acted with a remarkable recklessness in handling this matter. I have a different view of the matter than you do."

The guidelines recommended a range of 108 to 135 months. Assistant U.S. Attorney Kelly Loving asked for 13 months, but Furgeson chose 120 months and ordered Garcia to pay $67,865 in restitution.

Two immigrant guides who identified Garcia as the driver, Hugo Millan Coria, 24, and Miguel Angel Borzani Gutierrez, 20, were sentenced in February to 11 months for their roles.


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gcontreras@express-news.net