US Trucker who smuggled ammunition into Mexico, formally charged. Has 30 days to appeal indictment

Jabin Bogan
Jabin Bogan, 27, has been formally charged by Mexican prosecutors with smuggling 268,000 rounds of military grade ammunition into Mexico without permission.

Jabin Bogan, the driver for DEMCO Transportation, who was caught with 268,000 rounds of military grade ammunition when he “inadvertantly” crossed into Mexico from El Paso, has been formally charged with violating Mexico’s uber strict gun laws.

Bogan was charged yesterday with importing ammunition exclusive to the Mexican military, a crime that could put him behind bars in Mexico for 5-35 years.

Under Mexican law, Bogan, through his attorney, now has 30 days to appeal the indictment. In other words, he will be appealing the charges and the charging document, and a Federal judge assigned the case will decide if the charges stand and he is held to answer the charges.

Dennis MeKenye of Demco Transportation. Bogan’s boss has been harping that they have documentation proving Bogan made a wrong turn by accident. That “documentation”, the Bills of Lading for the load, only prove that the 9 pallets of military grade ammunition was being legally hauled between the shipper in Tennessee and the receiver in Phoenix. It does not prove one way or the other Bogan’s intent and whether his foray into Mexico was planned or accidental. But McKenye, seems to think that these documents, will prove his employees innocence and result in his release and has been demanding Mexico accept them at face value.

And in what some are calling a rare move, Mexico’s prosecutor’s office reached out the to the family’s attorney asking for some of that documentation. After weeks of silence, his attorney, Carlos Spector of El Paso, sees this as a hopeful sign. We don’t see it as anything more than a very thorough prosecutor making certain he has all his ducks in a row before he presents his case to the assigned Judge for adjudication.

LEGAL SYSTEM DIFFERENT FROM US LEGAL SYSTEM

Although some jurisdictions such as those in Mexico City and Monterrey are experimenting with the concept of “open trials” such as we have in the US, Mexico, for the most part, continues to conduct it’s judicial proceedings by documentation.

Open trials, where the accused is allowed to confront his accusers, and present witnesses in their defense in open court, is in it’s infancy in Mexico.

Instead, trials in Mexico involve the prosecution presenting their case, complete with evidence and witness testimony, on paper to the presiding judge. Likewise, the defense presents their case in the same manner to the judge who examines all documents, considers the testimony and evidence and eventually comes to a conclusion about the accused guilt or innocence. If found guilty, the judge passes sentence which is relayed to the accused in the facility where they are being held. Rarely does a defendant get any face time with the judge.

While Bogan’s mommy and girlfriend traveled to El Paso Tuesday to plead/demand Bogan’s release, because of course, it is all just a horrible mistake, Bogan can plan on an extended vacation in Mexico while this issue is resolved.
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