Feds motion to dismiss immigrant smuggling charges
SAN DIEGO — The U.S. Attorney’s Office has filed a motion to dismiss a criminal complaint against two Valley residents who were recently arrested for their alleged roles in immigrant smuggling and conspiracy to commit immigrant smuggling.
The U.S. Attorney’s Office for the Southern District of California filed a motion Monday seeking to dismiss the immigrant smuggling conspiracy charges against a 32-yearold man and a 37-year-old woman, both of Heber, according to federal court records.
On Tuesday, a second motion was filed seeking to recall an arrest warrant issued for one of the defendants, Sergio Acosta, as well as seeking the release of three material witnesses from federal custody.
Both motions requested the complaint be dismissed without prejudice. The U.S. Attorney’s Office declined a request to comment about its decision to dismiss the charges.
A preliminary hearing for the case is scheduled for today in San Diego at the U.S. District Court for the Southern District of California.
Acosta was reportedly booked into county jail on Tuesday for allegedly transporting immigrants in the country illegally and held without bail, the county Sheriff’s Office arrest records stated.
Acosta was arrested on July 21 by Border Patrol agents near the Interstate 8 Gordon’s Well exit after he was observed on a remote video surveillance camera allegedly pick up three individuals that reportedly had illegally crossed into the United States moments before, the court complaint stated.
A Border Patrol agent had conducted a traffic stop of the vehicle Acosta was allegedly driving as he was traveling east toward Yuma.
Once in custody, Acosta allegedly told agents that he was aware that the individuals he had reportedly picked up were in the country illegally and that we was going to be paid $600 for eventually transporting them to El Centro, the court complaint stated.
While being questioned, Acosta provided agents the first name of the individual who had recruited him to transport the immigrants and positively identified the suspect, Lorena Martinez Vasquez, from a photo line-up.
Acosta also alleged that on July 18 he had been offered $800 by Vasquez to transport immigrants in the country illegally from El Centro to Los Angeles, but had declined the offer because a child was reportedly involved, the court complaint stated.
Vasquez is also alleged to have recruited Francisco Javier Gonzalez, age and city of residence unknown, to transport immigrants in the country illegally, the court complaint stated.
During Gonzalez’s questioning by Border Agents on July 18, he alleged that Vasquez had agreed to pay him $300 for each individual immigrant he picked up and transported, and that Vasquez had previously paid him $600 for successfully transporting two immigrants in the country illegally to an undisclosed location, the court complaint stated.
“Gonzalez stated that Vasquez is in charge of recruiting and responsible for smuggling illegal aliens into the United States,” the court complaint stated. “Gonzalez said that Vasquez engages in these criminal activities for a living.”
Border Patrol agents reportedly began surveilling Vasquez’s home in Heber on July 23, eventually making contact with her as she exited a nearby market and placing her under arrest for alleged conspiracy to commit immigrant smuggling, the court complaint stated.
At the time of her arrest, Vasquez was allegedly found in possession of 22 grams of methamphetamine, the court complaint stated.
“Although Vasquez informed (Border Patrol agents) that the methamphetamine found on her person was for personal use, (agents) believe that the methamphetamine was intended to be distributed,” the court complaint stated.