Assistant U. S. Attorneys Timothy Coughlin (619) 546-6768 and Carlos Arguello (619) 546-6684
NEWS RELEASE SUMMARY - May 12, 2017
SAN DIEGO - Martel Valencia-Cortez, a Mexican national and prolific alien smuggler, was convicted by a federal jury today of assaulting a federal officer by hurling a softball-sized rock at a U.S. Border Patrol agent’s face.
The jury deliberated for about eight hours following a four-day trial that included testimony from the agent and some of the immigrants who were smuggled by the defendant. Valencia was convicted of all counts, including one count of assault on a federal officer with a deadly weapon and three counts of bringing in an alien for financial gain. Sentencing is set for Aug. 28, 2017 at 9 a.m. before U.S. District Judge Marilyn Huff.
On Nov. 15, 2015, less than two months after his deportation to Mexico following the completion of a 33-month sentence for a prior alien smuggling conviction, Valencia re-entered the United States guiding a group of 15 undocumented immigrants. When the trip through the mountains in rough terrain and inclement weather was interrupted by agents, Valencia threw a softball-sized rock from a distance of approximately 30 feet that hit an agent on the side of the face. Valencia evaded apprehension when he ran back into Mexico afterwards. Agents arrested Valencia when Mexican authorities escorted him to the San Ysidro Port of Entry on Friday, March 11, 2016.
According to court records and testimony at trial, the agent who was assaulted said he had never been hit that hard in his life, and he felt an overwhelming pain that caused him to feel dazed and disoriented, as if he was going to pass out. The rock hit the agent so hard that he thought his teeth were knocked-out or his jaw was broken.
“The conditions are treacherous in some sections of the border, and our courageous agents put their lives on the line every day to protect our country," said Acting U.S. Attorney Alana W. Robinson. “This verdict tells us that the safety of our agents is of paramount importance and attacks on our agents will come at a high price."
“We are grateful for the resolve and collaboration that our law enforcement partners have demonstrated over the past several months, resulting in Valencia’s arrest, his prosecution and conviction. We look forward to a just sentencing that will keep him off our streets for a significant period of time, and will keep our communities safe from this violent criminal," said San Diego Sector Chief Patrol Agent Richard A. Barlow.
DEFENDANTS Case Number 16-CR-0730
Martel Valencia-Cortez Age: 39 Colima, Mexico
SUMMARY OF CHARGES
Count 1: Assault on a Federal Officer, in violation 18 U.S.C. 111 (a)(b)
Maximum Penalty 20 years in prison
Count 2-4: Bringing in Aliens for Financial Gain, in violation of 8 U.S.C. 1324 (a)(2)(b)(ii)
Mandatory Minimum of 5 years in prison, maximum 15 years
AGENCY
U.S. Customs and Border Protection
U.S. Border Patrol
Source: U.S. Department of Justice, Office of the United States Attorneys
