Case 7:17-cr-01378 Document 1 Filed in TXSD on 08/26/17 Page, A0 91 (Rev 8/01) Criminal Complaint as We? at United States District Court AUG-Z 5? 2W SOUTHERN DISTRICT OF TEXAS . MCALLEN DIVISION it I UNITED STATES OF AMERICA 7 v. CRIMINAL COMPLAINT Priciliano Martinez Jr. Principal Case Number: YOB: 1978 United States 17 {51 (Name and Address of Defendant) I, the undersigned complainant being duly sworn state the following is true and correct to the best; of my knowledge and belief. On or about August 25, 2017 in the Southern District of (Traci: Statutory Language of Offense) Starr County, 1n- Texas defendants(s} did, knowing or in reckless disregard of the fact that Nelson Omar Garcia?Paz, a citizen of Honduras, and Thierry Mendes-Chaves, a citizen of Brazil, along with one (1) other undocumented alien, for a total of three (3), who had entered the United States'in violation of law, did knowingly transport, or move or attempt to transport. said aliens in furtherance of such violation of law within the United States, that is, from a location near Roma, Texas, to the point of arrest near Roma, Texas. in violation of Title 8 United States Code, Section(s) FELOMY I further state that I am a(n) U.S. Senior Border Patrol Agent and that this complaint is based on the following facts: On August 25, 2017, a Border Patrol Agent patrolling the Rio Grande River near Esoobares, Texas observed three subjects on a raft crossing the river from Mexico; The Agent relayed this information via his service radio and proceeded to the area where the raft was going to make landfall. - I declare under penalty of perjury that the statements in this complaint are true and correct. Executed on August 26, 2017. SEE ATTACHED Continued on the attached sheet and made a part of this complaint: .Yes No? Submitted by reliable electronic means, sworn to. and attested to telephonically per Fed. R. Cr. P. 4.1, and probable cause found on: Julio C. Pena Signature of Complainant Julio C. Pena Senior Patrol Agent . .L J. -- 5-- 5 Printed Name of Complainant August 26, 2017 3:37 pm. at McAIlen, Texas Data Peter E- OWSW U. S. Magistrate Judge Name and Title of Judicial Officer 20W Signature of Judicial Officer Case 7:17-Cr-01378 Document 1 Filed in TXSD on 08/26/17 Page 2 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS MCALLEN, TEXAS ATTACHMENT TO CRIMINAL COMPLAINT: M-17- i5 1 cl-M RE: Priciliano Martinez Jr. CONTINUATION: The area where the subjects made landfall is known as the ?Eagle Street Trail?. This location is a notorious area for human smuggling and approximately half a mile North of the Rio Grande River. As the agent traveled South on Eagle Street he observed a green Ford Expedition being boarded by several people and then drive off. The agent proceeded to follow the Expedition in an attempt to take a closer look inside and run the vehicle?s registration. The agent observed the Expedition make several turns before coming to a stop and two subjects bailing out. The agent observed the subjects running away from the vehicle as it continued driving off. The agent continued to follow the Expedition as it made its way back to Eagle Street. Shortly thereafter, the agent observed an additional subject exit the Expedition and run off. At this time, the agent activated his emergency equipment and conducted a vehicle stop on the Expedition. The agent gave verbal commands to the driver to lower the window and to show his hands, however the driver failed to comply. As the agent approached the Expedition it drove off momentarily before stopping once again. The agent once again instructed the driver to show his hands and exit the vehicle. From his position the agent was unable to see inside the vehicle due to its dark tint. For his safety, since he was unable to see his hands and not knowing what the driver was doing, the agent proceeded to break the back window in order to get visual of the driver. Immediately after breaking the window, the driver complied with the agents command and exited the vehicle. The'driver was identi?ed as Priciliano Martinez J12, a United States Citizen. Additional agents responded to the area and they were able to apprehend the three subjects that had exited the vehicle. Nelson Omar Garcia?Fez, Thierry Mendes~Chaves, and the third subject were determined to be illegaliy present in the United States. All subjects were placed under arrest and transported to the Rio Grande City Border Patrol Station to be processed accordingly. PRINCIPAL STATEMENT: Priciliano Martinez Jr. was read his Miranda Rights. He understood his rights and refused to provide a sworn statement without the presence of an attorney. MATERIAL WITNESSES Nelson Omar 'Garcia?Paz and Thi'erry Mendes-Chaves were read their Miranda Rights. Both understood their rights and agreed to provide a sworn statement without the presence of an attorney. Garcia, a citizen of Honduras, stated he made the smuggling arrangements and paid $2,900 USD. He was smuggled into the United States on August 25, 2017 along with three others. After crossing the river, Garcia stated that the guide instructed them to run north and that a four door truck was gOing to be waiting for them. Garcia stated that they ran until they saw thetruck. When they reached the truck, Garcia stated that the driver yelled at them to get in. Garcia indicated that he sat in the front passenger seat for a few seconds before the driver instructed them to run. Garcia identi?ed Priciliano Martinez Jr. through a photo lineup as the driver of the truck. Page 2 Case 7:17-cr-01378 Document 1 Filed in TXSD on 08/26/17 Page 3 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS TEXAS ATTACHMENT T0 CRIMINAL COMPLAINT: I 510] -M RE: Prici'liano Martinez Jr. CONTINUATION: Mendes, a citizen of Brazil, stated his aunt made the smuggling arrangements and was to pay $20,000 USD once he reached his ?nal destination. After crossing. the river with ?ve other subjects, they were instructed by the guide to run north until they reach a street and a vehicle would be waiting to pick them up. Mendes stated that when they reached the street, a green four door truck was waiting and the driver instructed them to get in. Mendes stated that the driver was stopped right away by border patrol and the driver instructed them to get out and run. Mendes identi?ed Priciliano Martinez Jr. through a photo lineup as the driver of the truck. Page 3