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May 23, 2007

Fugitive Wanted In Connection To Death Of Three Illegal Aliens Arrested
Tornillo Man And Seven Others Indicted For Their Role In 2004 Failed Smuggling Attempt

EL PASO, Texas - U.S. Immigration and Customs Enforcement (ICE) special agents last week arrested a Tornillo man who played a key role in a failed smuggling attempt in 2004 that resulted in the deaths of five people, including three illegal aliens, near Fort Stockton, Texas.

Raul Vargas-Rivera, 35, was arrested Thursday night without incident at his residence in the 18000 block of Tia Drive in Tornillo, Texas. The U.S. Marshals Service, U.S. Border Patrol and El Paso County Sheriff’s Department participated in Vargas’ arrest.

Vargas, a U.S. citizen, is charged with conspiracy to illegally transport aliens resulting in death; illegal transportation of an alien resulting in death; aiding and abetting; and possession with intent to distribute a controlled substance. Special agents had been looking for Rivera-Vargas since he was indicted in May 2004.

An ICE investigation revealed that at least eight individuals, including Rivera-Vargas, were involved in the failed smuggling attempt that resulted in the deaths of five people April 5, 2004. The drug charge stems from the key role Rivera-Vargas played in a criminal enterprise involved in transporting illegal aliens as well as drug loads. At the time ICE special agents arrested two other members of the conspiracy, they also seized 577.5 lbs. of marijuana, which Rivera-Vargas had provided to them.

On April 5, 2004, a tractor-trailer carrying six Mexican nationals in the sleeper area of the tractor collided head-on with another 18-wheeler about 2 a.m. on Highway 285 in Reeves County, approximately 30 miles north of Fort Stockton. Three of the illegal aliens and the tractor-trailer driver died at the scene. A motorist on his way to work that morning didn’t see the two rigs blocking the road and struck one of them, and also died as a result.

"ICE is stepping up its enforcement efforts to attack and dismantle criminal organizations that display little regard for human life," said Roberto G. Medina, special agent-in-charge for the ICE Office of Investigations in El Paso. "Our agents will catch these unscrupulous individuals who profit from the exploitation of those they consider to be human cargo, and bring them to justice."

Other members of the conspiracy are serving time in prison for the following charges to which they pleaded guilty in 2004 and 2005:

  • Alfredo Lopez - 46 months in prison and five years supervised release for conspiracy to transport illegal aliens resulting in death.
  • Dwayne Hector Ortiz - 41 months in prison and five years supervised release for conspiracy to transport illegal aliens resulting in death.
  • Leticia Martinez, 32 months in prison and three years supervised release for conspiracy to transport illegal aliens resulting in death.
  • Lawrence Elmer Pearce, 87 months and five years supervised release for conspiracy to transport illegal aliens resulting in death, and aiding and abetting the possession of a controlled substance with intent to distribute.
  • Martial John Chamberland, 33 months in prison and five years supervised release for possession of a controlled substance.
  • Gregory James Schottenloher, 27 months in prison and five years supervised release for conspiracy to transport illegal aliens resulting in death, and aiding and abetting the possession of a controlled substance with intent to distribute.
  • Justin Wade Davenport, 12 months and one day in prison and one year supervised release for misprision of a felony, a misdemeanor. That means he had knowledge about the conspiracy to transport illegal aliens resulting in death, but failed to disclose information about it.

If convicted, the U.S. Attorney’s Office could seek the death penalty in Vargas-Rivera’s case.

-- ICE --

U.S. Immigration and Customs Enforcement (ICE) was established in March 2003 as the largest investigative arm of the Department of Homeland Security. ICE is comprised of five integrated divisions that form a 21st century law enforcement agency with broad responsibilities for a number of key homeland security priorities.

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