A Tucson man who was shot at by law enforcement officers last month in Benson after he drove away at high speed from the U.S. Border Patrol on State Route 90 will be back in a federal court next week.
Cody Levi Holley and co-defendant Annalysa Reene Rodriguez were taken into custody the night of Dec. 14 following a tense search in the dark desert area around Cochise College in Benson. At least one USBP agent and a Benson police officer fired their guns during the incident, but no one was injured, according to the Cochise County Sheriff’s Office.
Holley, 26, and Rodriguez are each charged with two federal felonies related to transportation of undocumented immigrants for profit. They have been ordered to appear for a Jan. 7 status conference with Magistrate Judge Maria S. Aguilera at the U.S. District Court in Tucson.
State charges have also been filed against Holley for resisting arrest and unlawful flight from a law enforcement vehicle stemming from the same incident. His bail in the state case is set at $100,000 although Holley remains in the Cochise County jail due to a no-bond order on the federal charges.
According to the criminal complaint filed by the U.S. Attorney’s Office, three Mexican nationals told USBP agents that Holley was at the wheel of a 2019 Nissan Rogue SUV that picked them up after the men had illegally crossed into the United States. Holley and Rodriguez reportedly used a smartphone app to communicate with the Mexicans who did not speak English.
When Holley reached the checkpoint on northbound SR 90 shortly after 8 p.m., he drove away at high-speed instead of pulling into a secondary inspection lane as instructed. The complaint does not address why USBP agents referred the Nissan for further inspection, but a short while later agents received word that Benson PD officers found the unoccupied vehicle near Cochise College south of Interstate 10.
“When the agents arrived, the SUV’s passenger door was open and (an agent) could see a holster clipped onto the compartment in the door,” the complaint states. “The agents had found foot sign and were using K-9 to track the subjects.”
While engaged in the foot search, a USBP agent heard several gun shots after which he lost communication with another agent. “The agent ran towards the gun shots until he could see flashlights and a Benson Police officer was standing over a woman lying face down on the ground,” the complaint states. “The woman was identified as Annalysa Reene Rodriguez.”
When officers came into contact with Holley, “he was not listening to commands and was extremely hostile and aggressive,” the complaint states. “Holley eventually surrender(ed) and got on his knees” but he continued to struggle when a USBP agent tried to take him into custody. Holley was eventually restrained with help from a trooper with the Arizona Department of Public Safety.
A handgun was found about 50 yards away. The three Mexican nationals were also captured in the area.
The Cochise County Sheriff’s Office issued a statement after the incident noting that Holley appeared to be armed as he attempted to evade capture. “Border Patrol agents and a Benson Police officer discharged their weapons at the suspect, with no injuries being reported,” according to the statement.
Holley was not booked into the Cochise County jail until 9:30 a.m. on Dec. 15. It’s unclear if the delay was due to a need for medical treatment or some other reason. The Federal Bureau of Investigation was also called in to investigation the incident.
On Dec. 17, a federal magistrate ordered the continued detention of at least one of the Mexicans as a material trial witness.
Court records show Holley was sentenced to a 2.5-year state prison term after pleading guilty to a 2015 identify theft offense out of Maricopa County. He completed that sentence in April 2018.
In an unrelated matter, Holley is the subject of a felony arrest warrant issued by the Bonneville County Sheriff’s Office in Idaho. Details about the warrant were not available over the holiday weekend.