U.S. Department of Justice
U.S. Attorney’s Office
Southern District of Texas
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U.S. Department of Justice |
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October 22, 2008 |
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SENTENCING IN CASE INVOLVING BOMB THREATS TO AIRPORT(McALLEN, TEXAS) – A 20-year-old U.S. citizen living in Reynosa, Mexico, has been sentenced to six months in federal prison for sending false bomb threats via the internet to the McAllen Miller International Airport in 2007, United States Attorney Don DeGabrielle announced today. U.S. District Judge Ricardo Hinojosa, who pronounced the sentence, departed downward from the applicable sentencing guideline range requested by the government but after finding there had to be consequences for the harm caused by the hoax bomb threats, denied the defendant’s request for a probationary sentence. During today’s sentencing hearing, the Judge considered arguments from the Government urging the court impose a sentence within the applicable guideline range of 18 to 24 months based on the criminal actions of the Defendant, the disruption his actions caused at McAllen Miller International Airport, and the fact that no evidence was presented which definitively proved the defendant suffered Asperger syndrome nor diminished capacity. Defendant’s attorneys sought a downward departure and a sentence of probation based upon testimony at a previous hearing from a doctor that the Defendant may have diminished capacity or may have Asperger syndrome. The court, relying on medical reports and testimony at previous hearings, ultimately decided the defendant did appear to have Asperger syndrome but declined to grant probation stating there had to be consequences for the defendant’s actions. In addition to the prison term, the court ordered Rodriguez to serve a two year term of supervised release during which he is not to use computers. Between Aug. 22 and Sept. 10, 2007, the McAllen Miller International Airport received four separate bomb threats via the message board on the airport’s website. Two threats were sent Aug. 22, and the other two were sent Sept. 7 and Sept. 10. All were written in Spanish and sent via e-mail with false return e-mail addresses. The threats claimed C-4 explosives were located inside the airport or in a vehicle parked in a lot by the airport, or that bombs were aboard in-bound Continental Airlines flights. In the threat sent Sept. 7, the defendant demanded airport personnel deliver $20,000 to the reception desk area of Holiday Inn hotels, but no one approached the hotel’s reception desk on either date to claim the money. On Sept. 10, the last of the four threats was received by the airport and claimed explosives were inside the airport and aboard an outbound Continental Airlines flight to Houston from McAllen. Each of the bomb threats prompted immediate action by the FBI, the Transportation Security Administration, Immigration and Customs Enforcement, Customs and Border Protection and local law enforcement agencies to secure the airport and ensure the safety of the flying public. No bombs or explosives were found. An investigation to identify the computer from which the messages originated and the location of that computer was immediately initiated by the FBI. On Sept. 15, 2007, a computer using the same Internet Protocol address and web browser as the one from which the threats had originated was located in Reynosa, Mexico. On Sept. 22, the computer from which the threats originated was secured at the residence of Rodriguez’s parents in Reynosa, Mexico. A forensic examination of that computer confirmed the computer was used to access the airport and Continental Airlines websites. Originally charged in a two-count indictment with knowingly and intentionally conveying false and misleading information on at least two occasions to the management of McAllen Miller International Airport, Rodriguez pleaded guilty Dec. 26, 2007 to the second count of the indictment. Rodriguez, who has been on bond since his arrest, has been ordered to turn himself in to the U.S. Marshal’s Office in McAllen, Texas, on Dec. 1, 2008 at 2:00 p.m. to begin serving his sentence. The case was prosecuted by Assistant United States Attorney Juan F. Alanis. ### |
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