June 7, 2007

Three Texas National Guardsmen charged with conspiracy to transport illegal aliens

LAREDO, Texas - A criminal complaint was filed in federal court Monday, June 4, 2007, charging three Texas National Guardsmen with conspiring to transport illegal aliens, announced United States Attorney Don DeGabrielle. U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) investigated the case.

Jose Rodrigo Torres, 26, and Julio Cesar Pacheco, 25, both Laredo residents, and Clarence Hodge, Jr. 36, from Fort Worth, appeared before a U.S. Magistrate Judge on June 4. All three defendants remain in custody and are scheduled to appear for their preliminary examination hearing on June 19.

According to the criminal complaint U.S. Customs and Border Protection (CBP) agents arrested Torres after 24 illegal aliens were discovered in a van he was driving along Interstate 35 near Cotulla, Texas. At the time of the arrest Torres was wearing his Guard uniform. ICE agents arrested Hodge and Pacheco the following morning.

Hodge is alleged to have assisted Torres in allowing his vehicle, while carrying illegal aliens, to bypass the I-35 Border Patrol checkpoint inspection process. He did this by approaching Torres' van as it approached, making it appear as if the two were conducting National Guard business. The van then proceeded beyond the checkpoint without being inspected.

Pacheco is accused of recruiting the guardsmen to transport undocumented aliens and paying $1,000 to $3,500 for each smuggling trip. The complaint alleges several similar smuggling trips had been conducted previously.

"The alleged actions of these three men is disturbing and will be addressed, but should not and does not diminish the outstanding contribution of the thousands of Texas National Guardsmen who daily do their duty alongside federal law enforcement officials to secure the borders of our nation," said United States Attorney Don DeGabrielle.

If indicted by a federal grand jury on the conspiracy charge and subsequently convicted, each defendant faces a maximum of ten years in federal prison, without parole, and a $250,000 fine.

The Texas National Guard is cooperating with federal investigative authorities. Assistant U. S. Attorneys Diana Song and Mary Ellen Smyth will prosecute the case in the Laredo Division.

A criminal complaint is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless and until indicted by a federal grand jury and thereafter convicted through due process of law.

-- 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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