U.S. Department of Justice
U.S. Attorney’s Office
Southern District of Texas
Donald DeGabrielle, U.S. Attorney

FOR IMMEDIATE RELEASE

November 10, 2008

MEXICAN NATIONAL CONVICTED OF SHOOTING AT BORDER PATROL AGENT

(LAREDO, Texas) - Bernardo Javier Gutierrez, 25, a Mexican national, has been convicted of assaulting a United States Border Patrol agent with a deadly weapon, and illegally possessing a firearm, Acting United States Attorney Tim Johnson announced today.

At a re-arraignment hearing late Friday, Nov. 7, 2008, Gutierrez pleaded guilty to illegally possessing and using a 9 mm semi-automatic pistol to assault a United States Border Patrol agent on Sept. 13, 2008. Gutierrez was the rear seat passenger of a vehicle driven by Mario Alberto Garcia Jr., 19, and also occupied by Manuel Alberto Santana, 19. Garcia and Santana also entered pleas of guilty late Friday to being accessories after the fact and hindering and preventing Gutierrez' apprehension.

All three defendants were arrested on Sept. 13. Gutierrez remains in federal custody without bond pending his sentencing which has been scheduled for Feb. 17, 2009. He faces a maximum of 20 years imprisonment for the assault on a federal officer conviction and a maximum of 10 years imprisonment for illegally possessing a firearm. Garcia and Santana, both U. S. citizens, face a maximum of 10 years imprisonment and a $250,000.00 fine at sentencing, also set for Feb. 17, 2009. Garcia and Santana have been permitted to remain free on bond pending sentencing.

The charges against these defendants arose from an incident which occurred on Sept. 13, 2008, at approximately 11:00 a.m., near the intersection of Tulipan and Centeno Streets in Rio Bravo, Texas. Two Border Patrol agents, responding to a report of illegal aliens crossing the Rio Grande River near the area, were fired upon by the rear seat occupant of a black Ford F-150. 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, Gutierrez was identified as the rear seat passenger who had fired at the agents and had been dropped off by Garcia and Santana near his Rio Bravo home before the truck had been located and stopped by investigating agents. Gutierrez, a Mexican national illegally in the United States, was located and arrested by investigating agents near his home after a foot chase. Agents recovered a 9 mm semi-automatic pistol wrapped in cloth in an outdoor chimney of a nearby house. An illegal alien is prohibited from possessing firearms or ammunition.

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 Attorneys James Ustynoski and Roberto Ramirez.