A Douglas man arrested on charges of transporting undocumented immigrants for profit while transferring the remains of a local resident to a funeral home will remain out of custody pending trial as long as he complies with several conditions, a federal magistrate has ruled.
Michael William Bernal was arrested July 12 after U.S. Border Patrol agents became suspicious of 2002 GMC Yukon that was seen several times driving around a known stash house in Douglas. Agents found six Mexican nationals in the vehicle “next to a dead body under a blanket,” according to the criminal complaint filed by the U.S. Attorney’s Office.
Bernal, 35, was released from pretrial custody July 15 over the objection of prosecutors. There has been no announcement of Bernal’s next court date.
The complaint signed by USBP Agent Ricado Islava notes agents were surveilling a house when they witnessed the Yukon enter an alley that runs next to the residence. The SUV then exited the alley and drove around the area before entering the alley anew.
A traffic stop was conducted after the vehicle left the parking lot, but Bernal purportedly tried to stop the agent from approaching the vehicle, telling the agent he was transporting the dead bodies of two people who tested positive for COVID-19.
“Bernal was only wearing a pair of latex gloves as protective gear,” the complaint states. “The agents approached the Yukon and saw six subjects laying down in the back of the truck.”
All six admitted being in the United States illegally, including one who had just been removed back to Mexico on June 28. Another was removed from the U.S. in October 2019.
The human remains were transferred to a local mortuary. There is no mention in the report whether the corpse was damaged during the incident.
In a post-Miranda interview, Bernal told federal agents he works for a funeral home and was transporting a deceased person from Bisbee to Douglas. He said he transported the six Mexicans “to pay off a debt to the cartel in Agua Prieta.” The debt was related to his previous failed attempt to smuggle drugs into the country at the Douglas Port of Entry, Bernal claimed.
In announcing Bernal’s arrest, a USBP spokesperson also revealed that two teenagers believed to have been involved in the July 12 human smuggling operation were also arrested.
“Agents investigated a Mercury sedan leaving the area where the Yukon had been spotted,” according to the statement. “A subsequent immigration inspection vehicle stop of the sedan revealed the occupants to be 13-year-old residents of Douglas.”
Officials say one teen was released to a family member. However, the other was taken into custody by the Cochise County Sheriff’s Office for an outstanding felony warrant unrelated to the Bernal arrest.
Bernal must comply with nine court-ordered release conditions if he wants to stay out of custody until a trial can be held later this year. His conditions of pretrial release prohibit him from consuming alcohol or possessing any firearm or ammunition.
He also cannot travel outside Arizona without preapproval nor commit “any federal, state, tribal or local crime” while pending trial. Any violation could lead to Bernal’s detention by the U.S. Marshal Service until trial.
In April 2011, Bernal was arrested at the Douglas POE with 20 pounds of marijuana hidden inside a vehicle he was driving into the U.S. He made a failed attempt to run away from officers as they searched his vehicle.
As with his current arrest, Bernal told agents in 2011 he was forced to bring the marijuana into the country because he owed money to drug runners. He later pleaded guilty to felony possession with intent to distribute marijuana and was sentenced to 13 months in the Federal Bureau of Prisons.
Bernal’s statement in 2011 also included an allegation that he was “roughed up” by two men because he lost 53 pounds of marijuana when arrested at the POE in 2009. He was convicted of a misdemeanor drug charge in the 2009 case and served 60 days in custody.
However, Bernal claimed in 2011 that “the cartel” made threats to burn down his family’ home because of his 2009 debt, so he agreed to engage in another smuggling attempt. The court file for his recent arrest does not make it clear whether the drug debt Bernal referred to on July 12 is connected to either of his earlier cases.
Records from Cochise County Superior Court show Bernal was also convicted of a state charge in 2012 of aggravated assault. He served some prison time as well as probation in that case, completing his sentence in May 2014.
