UNITED brat-?1415mm UOUIT

United States District Court

SOUTHERN DI STRICT OF TEXAS
MCALLEN DIVI ION

UNITED OF AMERICA CRIMINAL COMPLAINT

Francisco Desiderio Garza, United States Case Number:

voe: 1995 0 ?3 52.1?

 

 

(Name and Address ofDefendant)?



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 April 14, 2019 in Starr County, in

 

the Southern - District of Texas - defendants(s) did,
(Track Statutory Language of O?ense)

 

knowing or in reckless disregard of the fact that Alicia Peiia-Ortiz and Selene Ortiz-Barajas, both citizens of
Mexico, along with three (3) other undocumented aliens, for a total of ?ve (5), who had entered the United States
i" in violation of law, did knowingly transport, or move or attempted to transport said aliens in furtherance of such

violation of law within the United States, that is, from a location near Garceno, Texas to the point of arrest near
Garceno, Texas,

in violation of Title 8 United States Code, Section(s) 1324(a)(1)(A)(ii) - FELONY

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 April 14, 2019, camera operators observed several suspected undocumented aliens cross? the Rio
Grande River and board a vehicle near Garceno, Texas.

I

Camera operators maintained visual of the vehicle as the information was relayed to mobile Agents. A
short time later, Agents encountered a grey Dodge pickup truck, which was the vehicle being called out

by camera operators, as it stopped at a red light at the intersection of Highway 83 and FM 649' 1n
Garceno, Texas.

 

 

 

SEE ATTACHED
Continued on the attached sheet and made a part of this complaint: es LJ 0 
?ip?p NV in, \1 Greeks Abe, N454,
MUHM q/If/f? 
Signa?ine of Complainant
Julio C. Per'ia Senior Patrol Agent
Sworn to before me and subscribed in my presence, Printed Name of Complainant
I
April 15, 2019 3 5 can" at McAllen, Texas
Date City and State

 

Peter E. U. s. Magistrate Jugqg . 2%

Name and Title of Judicial Of?cer Signature of Judicial Of?cer .

 

Case Page 2 0f'3
SOUTHERN DISTRICT OF TEXAS .
TEXAS 

. ATTACHMENTETO CRIMINAL COMPLAINT:
M-19- 08523?

RE: .Francisco Desiderio Garza

CONTINUATION:

Agents proceeded to get behind the pickup truck, however the driver made an abrupt right
turn on an unpaved road in an attempt to evade. When Agents caught up to the pickup truck, 1
it was already stationary due to strikinga wire fence and a tree. Agents observed four
subjects abscond- and camera operators informed the mobile Agents that a one subject run
"south towards the river. 

Additional Agents reSponded and after a brief search, all ?ve subjects were apprehended. An
additional subject was found inside sitting on the passenger seat. An immigration inspection
was conducted and ?ve of six subjects were determine to be illegally present in the United
States.

One subject later identi?ed as Francisco Desiderio Garza, a United States Citizen, was asked
if he had any property on his person, to which Garza stated he had two cell. phones that he
left behind in the pickup truck. A search of the pickup truck revealed two cell phones on the
driver?s side floor board. Garza claimed both phones belonged to him.

All subjects were transported to the Rio Grande City Border Patrol Station to be processed
accordingly.

PRINCIPAL STATEMENT:
Francisco Desiderio Garza was read his Miranda Rights. He understood, however he refused
to provide a Sworn statement.

MATERIAL WITNESSES STATEMENTS:

Alicia Pe?a?Ortiz and Selena Ortiz-Baraj as, both citizens and nationals of Mexico, were 
advised of their Miranda rights and agreed to provide a sworn statement without the presence
of an attorney.

Page 2

Case Page 3 of?3
- SOUTHERN DISTRICT OF TEXAS

TEXAS
ATTACHMENT TO CRIMINAL COMPLAINT:
7 
RE: Francisco Desiderio Garza
CONTINUATION:

Pe?a stated that she crossed the river on a raft along with three (3) other subjects. Pe?a
stated that after crossing the river, their group met up with two (2) other subjects before
making their way to a road where they were picked up by a male subject in a pickup truck.
Pe?a also stated that once in the truck, she became frightened after the driver began to drive
at a fast pace. Pe?a stated that there were three (3) subjects inside the truck, and another two
(2) 1n the bed of the truck, all of which were not wearing seatbelts. UP:

Garza 0%

Through a photo lineup, Pe?a was able to positively identify;  the driver of the pickup truck.

Ortiz stated that she crossed the river on a raft along with two (2) other subjects. Ortiz stated
that the group was to be picked up by a male subject in a truck. Upon arriving at the truck,
Ortiz stated that she boarded the truck andesat in the front area of the truck. Ortiz stated that
there were ?ve (5) subjects 1n the truck all of which were not wearing seatbelts. Ortiz stated
that after boarding the truck, the driver drove off at a fast pace and eventually crashed. Ortiz
stated that after crashing into a tree, the driver exited the truck and took off.
1" A, .
Through a photo lineup, Ortiz was able to positively identi the driver of the pickup truck.

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