FOR IMMEDIATE RELEASE

October 1, 2008

MEXICAN NATIONAL INDICTED FOR SHOOTING AT BORDER PATROL

(LAREDO, Texas) - Bernardo Javier Gutierrez, 25, a Mexican national, has been indicted for assaulting a United States Border Patrol agent with a deadly weapon, illegally possessing a firearm and ammunition, and of discharging a firearm while in the commission of a violent offense, United States Attorney Don DeGabrielle announced today.

The indictment, returned by a Laredo grand jury on Tuesday, Sept. 30, 2008, charges Gutierrez with using a 9 mm semi-automatic pistol to assault a United States Border Patrol agent on Sept. 13, 2008. Two U.S. citizens, Mario Alberto Garcia Jr., 19, and Manuel Alberto Santana, 19, were also named in the indictment accused of aiding and abetting Gutierrez to possess the pistol and hindering and preventing Gutierrez' apprehension. Gutierrez, Garcia and Santana were all arrested on Sept. 13, 2008. Gutierrez remains in federal custody without bond pending indictment and trial. Garcia and Santana both ordered released upon posting bond following their arrests. All three are expected to appear in federal court for arraignment on a date to be set by the court in the near future.

This prosecution began with the filing of a federal criminal complaint on Sept. 15, 2008. The affidavit in support of that complaint alleged that on Sept. 13, 2008, at approximately 11:00 a.m., two Border Patrol agents responded to a report of illegal aliens crossing the Rio Grande River near Rio Bravo, Texas. As the two agents walked towards the intersection of Tulipan and Centeno Streets, the occupant of the rear seat of a black Ford F-150 in the intersection began shooting at them. Taking cover, one of the agents returned fire as the truck sped away. Other Border Patrol agents responding to the reported shooting stopped a vehicle matching the description of the truck carrying the assailant on Highway 83. The truck was occupied by Garcia and Santana.

Through further investigation, agents learned the third man that had been in the truck and fired at agents had been dropped off near his Rio Bravo home before the truck had been located and stopped by investigating agents. Gutierrez, an illegal alien, was subsequently identified as the third person in the truck who fired shots at the Border Patrol agents. Gutierrez was located and arrested by investigating agents near his home in Rio Bravo after a foot chase. Agents recovered a 9 mm semi-automatic pistol wrapped in cloth in an outdoor chimney of a nearby house.

The indictment also accuses Gutierrez of illegally possessing a semi-automatic pistol and ammunition. An illegal alien is prohibited from possessing firearms or ammunition.

If convicted of the assault on a federal agent charge, Gutierrez faces a maximum sentence of 20 years in prison and a $250,000 fine. The discharge of a firearm during a crime of violence offense carries a maximum of life imprisonment which must be served consecutive to any sentence imposed for the underlying crime of violence.

nlawful possession of a firearm and ammunition by a illegal alien carries a maximum punishment of 10 years imprisonment and a $250,000 fine, upon conviction. Garcia and Santana face a maximum of 10 years in prison and a $250,000 fine if convicted of aiding and abetting Gutierrez to possess the pistol and 15 years in prison for hindering the apprehension of Gutierrez.

This investigation leading to the charges was conducted by agents of the FBI, Immigration and Customs Enforcement, Border Patrol and the Webb County Sheriff's Department and is being prosecuted by Assistant United States Attorney Roberto Ramirez.

An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless and until convicted through due process of law.

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