The Mexican national accused of breaking the nose of an U.S. Border Patrol agent earlier this month in Cochise County must remain in custody due to the “serious risk” he will not appear for trial, a federal magistrate judge has ruled.
Mario Garcia-Estrada is charged with two counts of Assault on a Federal Officer related to efforts by USBP Agent L.B. to take Garcia-Estrada into custody March 4 on suspicion of illegally entering the United States.
The criminal complaint filed with the U.S. District Court in Tucson notes Agent L.B. responded to a remote area near Naco around 4 a.m. after a surveillance camera observed a group of suspected undocumented non-citizens.
“Agent L.B. located one person, later identified as Mario Garcia-Estrada, hiding in brush and arrested him,” USBP Agent Rafael Ruiz wrote in the complaint. “When Agent L.B. attempted to place Garcia-Estrada into the back of the patrol vehicle, Garcia-Estrada turned around and shoved Agent L.B.”
According to the complaint, Garcia-Estrada then “got on top of Agent L.B. and punched her several times in the face” before fleeing on foot. Additional agents arrived and took Garcia-Estrada, who is noted in court documents as 23 or 24 years old, into custody.
The agent, who is assigned to USBP Tucson Sector, was hospitalized for treatment of a broken nose and other injuries to her face and arms. The criminal investigation was conducted by the FBI.
The last official statement by USBP about the incident was on March 7 by Tucson Sector Chief John Modlin.
“Last weekend, a Tucson Sector agent was assaulted. I am grateful to say she is recovering, and I am extremely proud of her and her teammates’ courage in arresting her attacker,” Modlin tweeted.
The U.S. Attorney’s Office did not respond by press time as to why Garcia-Estrada has not been charged with violating immigration laws.
On March 8, a federal magistrate ordered the U.S. Marshals Service to keep Garcia-Estrada in detention to ensure his appearance at future court dates and trial. Garcia-Estrada will be formally arraigned March 31, with a plea agreement deadline of April 21 and a jury trial start date of May 9 already set.
However, those dates are likely to be reset after arraignment.
Court records show Jordan Perry Malka of the Federal Public Defenders Office has been appointed to represent Garcia-Estrada, while Sarah Bullard Houston of the U.S. Attorney’s Office is prosecuting.