The outcome of the case against the US trucker charged with smuggling 268,000 rounds of ammunition into Mexico last week could be further complicated by the conclusions of an investigationreleased by the US Department of Justice on Friday.
On June 7, 2010, Border Patrol Agent Jesus Mara Jr, according to witnesses and video, without provocation shot and killed 15 year old Sergio Adrian Hernandez Güereca who was standing behind a bridge pillar on Mexican soil.
In essence, it said that Border Patrol Agent Jesus Mara Jr. “did not act inconsistently with CBP policy or training regarding use of force.” and that ” there was insufficient evidence to pursue federal criminal charges against Border Patrol agent Jesus Mara Jr.”
This, despite dozens of witnesses who saw the incident and some who provided video showing the agent was never in any danger from rock throwing that is not in evidence.
Mexico, who has called for the arrest and extradition of BP agent Jesus Mara Jr and was rebuffed, was naturally outraged as we would be in a similar case.
Ricardo Alday, spokesman for the Mexican Embassy in Washington issued a statement which said in part,
The Government of Mexico, through its Ministry of Foreign Affairs, deeply regrets and strongly rejects the decision by the Department of Justice of the United States which today decided not to present charges against the Border Patrol agent who shot and killed Mexican teenager Sergio Adrián Hernández Güereca in an incident at the Ciudad Juarez border area, on June 7, 2010.
Mexican ambassador to the U.S. Arturo Sarukhan had a similar reaction to the decision, tweeting: “Mexico strongly rejects it.”
The decision to allow this agent to get away with cold blooded murder of a Mexican national on Mexican soil could have a profound effect on the outcome of the case against Jabin Bogan, driver for DEMCO Transport who is being held in Villa Aldarma CERESO in the gulf state of Veracruz. Bogan is charged with smuggling ammunition exclusive to the military, a charge that could net him 35 years in a Mexican prison.
Bogan’s case has been assigned to a Federal judge in Cd. Juarez where Bogan was arrested and where he will be transferred to and held until resolution of his case.
Mexico has just been slapped in the face, kicked in the ass again, by the decision of the Justice Department not to bring charges against BP agent Jesus Mara. In 2011, a west Texas Judge dismissed to lawsuits filed by the family of the victim. And now Mexico has in it’s custody and American trucker who knowingly or unintentionally, broke one of Mexico’s strictest anti gun laws.
Do you see how this all fits together?
By the very act of entering Mexico with his load of ammunition, legal in the US, illegal in Mexico, Bogan is guilty of the crime with which he is charged. Whether intentionally or not, ignorance and stupidity is no excuse.
Before the USDOJ made it’s decision, possibly, Bogan would have been sentenced and released to US authorities, something that could take two years or more. Now though, who knows what will happen. It’s become political.
It’s quite possible that 27 year old Jabin Bogan will pay for the crime committed by US Border Patrol Agent Jesus Mara Jr. on June 7, 2010. It’s not in anyway right, but that’s the way things go.
And the protests being organized in Dallas by friends and family of Bogan? You want him out “NOW!!!” momma? We’re afraid your Justice Department and Eric Holder have made that impossible.
35 years in the trucking business and living in Mexico for the past 15 years, make me uniquely qualified to offer my insight and opinion into the Mexican trucking industry and other border issues. A contributor to SiriuxXM Road Dog Channel 106 and to the award winning Lockridge Report, Mexico Trucker Online continues to publish the unvarnished truth about the subjects we cover.