What does “Fast & Furious”, Cross Border Pilot Program and Jabin Akeem Bogan have in common

Truckers Arrest re-enacted in Cd. Juarez
Attorney Emilio de La Rosa, left, and forensics expert Mario Gomez, right, talk to a customs and court officials at the Las Americas Bridge in Juarez, Mexico on Thursday, July 5, 2012 while doing a walk-through reconstruction of the events that lead to the arrest of trucker Jabin Bogan. (AP Photo/ Juan Carlos Llorca)

Common sense tells us the answer to that question is absolutely nothing in common, but if one has listened to the Dave Nemo show recently, they would have heard Nemo trying to tie all together as rationalization why Mexico is prosecuting Jabin Akeem “Wrong Way” Bogan for being in possession of 268,000 rounds of NATO grade ammo.

And speaking of “Wrong Way” Bogan, a funny thing happened down on the border yesterday. The Mexican 5th District Court who is deciding Bogan’s case authorized a “re-enactment” of the events leading up to Bogan’s arrest on April 17, 2012.

The first thing that crossed my mind was “how do you “re-enact” an unauthorized u-turn and why would you? What would it prove? Testimony given before the Court on May 29 by Mexican Customs Agent America Saenz confirmed that Bogan was attempting to make an “unauthorized u-turn” when she saw him and directed him into the commercial inspection corral.

Perhaps this is the new transparency in Mexico as they attempt to bring trials out into the open, in the same manner as we hold trials in the United States.  Up until now, trials in Mexico involved the exchange of written statements, documented evidence and testimony of witnesses, which was submitted to a Judge who made his decision based upon those documents, often never seeing the defendants.

So how did they do the re-enactment? They called upon forensic expert Mario Gomez who showed the group how Bogan wound up blocking traffic while trying to make what he called an “impossible” U-turn back into the United States.  Gomez also showed prosecutors and the court photographs that the cargo wasn’t hidden, as prosecutors allege. He spent about an hour with local officials and Bogan’s attorney walking through the truck lanes of the bridge and inspections yard.

At the end of this dog and pony show,  Bogan’s Mexican defense lawyer, Emilio de la Rosa. said “This is very good for us”…..

De la Rosa said he is trying to convince the Judge that Bogan had no intention of “smuggling” the ammo into Mexico, which, based on the honest reportage of the Mexican Customs agents, seems to be the case. De la Rosa also said he is trying to work out a plea deal with prosecutors and the Court where Bogan would be found guilty of simple possession of ammunition, a lesser, but still serious charge or which he is de facto guilty of. This charge carries a sentence of 2 to 6 years in Federal prison and/or a very stiff fine.

Mexican Customs Agent America Zubia Saenz
Mexican Customs Agent America Zubia Saenz, the first Mexican official to come in contact with Jabin Bogan is the face of the new Aduanales Mexicano. Young, well trained, well educated professionals who take pride in their job and country.

I find it very unfortunate that some are trying to portray this as a play on Mexico’s part as an attempt to collect monumental bribes etc. The mere fact that American Saenz and her colleagues wrote their official reports in the manner that they did, reporting the facts as they happened, instead of writing their reports to confirm the prosecutors charges show how far out of the dark ages of jurisprudence Mexico has come in the past 15 years. They still have a long ways to go, but in the case of Jabin Akeem “Wrong Way” Bogan, he will and is receiving a fair an open trial.

As an aside, Bogan’s defense attorney’s are now making the unlikely claim that Bogan’s GPS malfunctioned directing him to make the left turn that took him into Mexico. However, whether it did, or did not, and as a user of GPS for many years, I find it an unlikely occurrence, Bogan would have seen the heavy signage telling him he was leaving the US and entering Mexico.

DIARIOTV on April 19, mentioned in their report that Bogan had told PGR investigators that he was bringing the ammo into Juarez where he was to meet 2 men. Perhaps this is why the PGR and the Court have been unwilling to reduce the charges. If true, their reluctance would be reasonable.

[pullquote_right] Las autoridades mexicanas dieron a conocer que el presunto contrabandista declaró que las balas tienen un valor de 80 mil dólares y que pensaba venderlas a dos personas en Juárez, las cuales pertenecen a un grupo delictivo. [/pullquote_right]


Bogan gained a bit more luck with the selection of the Judge to hear his case, 5th District Judge Carlos Miguel Garcia Trevino.

Judge Garcia appears to have excellent credentials. From Monterrey, Nuevo Leon, he was admitted to the Mexican Bar in 1995 and appointed to his current position in 2008. He graduated from UANL in 1995 and has also taught law at the same university and is well versed in civil, criminal, tax and constitutional law in Mexico. He appears to be one of the new breed of Judges being groomed for higher office. This can only work in Bogan’s favor.


We’ll continue to keep our readers updated as more developments become available.