Chihuahua officials seek extradition of border agent in the ’10 shooting death of teenager

May 4, 2012

El Paso Times on May 4, 2012 released the following:

“By Marisela Ortega Lozano and Aaron Bracamontes

Chihuahua’s governor on Thursday demanded that a U.S. Border Patrol agent charged with murder in Juárez in the shooting death of a teenager on the banks of the Río Grande be sent to Mexico to stand trial.

The agent’s El Paso lawyer said that will not happen.

“He is a U.S. citizen, and he was an agent of the United States Border Patrol acting in his capacity,” said lawyer Randy Ortega. “I don’t believe there is any treaty or pact that would allow him to be extradited.”

On Thursday, Chihuahua Gov. César Duarte said he wants the agent, Jesus Mesa, extradited to answer for the death of Sergio Adrián Güereca, 15.

Mesa has been charged with murder by the Chihuahua officials and faces 20 to 25 years in prison if convicted.

“From here (Juárez), we demand that the Mexican government seek extradition of border patrol agent Jesus Mesa to be prosecuted in Chihuahua,” Duarte said in a news release. “We have enough evidence to put Mesa on trial here in Chihuahua.”

On June 7, 2010, Mesa was patrolling on a bicycle along the Rio Grande when he came upon a group of boys, who included Güereca. The boys were running up a concrete spillway of the Rio Grande and touching a chain-link fence on the U.S. side.

When Mesa took one of the boys into custody, the rest of the group allegedly began to throw rocks at the agent. Mesa then fired at the group, striking Güereca twice, once fatally in the head.

The incident was recorded on a cellphone and shown on Mexican television.

“Since the U.S. often claims human-rights alleged violations against their citizens abroad, that is enough for President Obama to surrender this agent,” Duarte said.

Duarte asked Mexican Interior Department Secretary Alejandro Poiré to demand extradition of Mesa. At this point, it’s not known whether Mexico has officially asked that the U.S. government hand Mesa over to Mexican authorities.

In recent years, Mexico has extradited to the United States many Mexican citizens who were wanted on drug-smuggling, murder and other charges.

“There will be justice” for Güereca, Duarte vowed. “Chihuahua’s government is starting this fight and we are going to make justice; there is already a warrant arrest against Mesa.”

However Mesa’s lawyer, Ortega, said he does not think his client will be extradited.

“I always believed they would do this in order to gain media publicity,” Ortega said. “I think it’s more a deflection tactic.”

Mesa has been cleared of any wrongdoing by U.S. authorities, including all civil and criminal charges, and he is no longer under investigation in the U.S.

If Mexico does ask for an extradition, Ortega said, he will work with the Justice Department, but he fully expects the extradition to be dismissed.

According to Chihuahua officials in Juárez, the boy’s mother, María Guadalupe Güereca, approached Duarte during a law and safety forum in Juárez and asked him to prosecute Mesa.

“I hope you can help us,” Güereca was quoted as saying in the news release. “I don’t want money, but justice for my son. I want the agent to be punished. My son was not a smuggler at all. He was in the wrong place at the wrong time.””

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

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We previously discussed the extradition treaty between the United States and Mexico here.

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To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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Inmate at Lindsay superjail facing extradition to U.S. in human smuggling case

April 5, 2012

The Peterborough Examiner on April 5, 2012 released the following:

“By GALEN EAGLE Examiner Staff Writer

A Cornwall area man facing extradition to the United States on allegations of human smuggling is currently before the Peterborough courts awaiting a bail hearing.

The Public Prosecution Service of Canada issued a warrant for the arrest of Dennis Jocko, 58, who faces multiple counts of smuggling illegal aliens into the United States and failing to appear for court. Jocko was serving a jail sentence at the Central East Correctional Centre in Lindsay at the time of his arrest Feb. 15.

The U.S. Homeland Security Investigations and U.S. Border Patrol allege Jocko was part of a scheme to smuggle illegal aliens into the United States across the St. Lawrence River via the Akwesasne Mohawk Indian Reservation.

According to an affidavit by RCMP Immigration Task Force’s Corp. Louise Savard, the U.S. accuses Jocko of accepting money from three United Kingdom residents in exchange for smuggling them south of the border.

Jocko arranged their travel across the border by smuggling them across the St. Lawrence River by boat and arranging for a car to pick them up on the U.S. side of the border, the court documents state.

Three people Jocko allegedly smuggled — U.K. nationals Michael Connors, James O’Connor and Francis McNerney — have agreed to testify against Jocko, the documents show.

Jocko was allegedly paid sums of $1,300, $2,000 and $2,500 for his three illegal trips.

U.S. Border Patrol arrested Jocko in Burlington, Vt., April 10, 2010 and he was released on a $20,000 cash bond on a promise to appear for a pretrial conference Jan. 4, 2011 in New York state.

According to the U.S. Department of Justice, Jocko failed to attend that court date and has been at large ever since.

The RCMP recently discovered that Jocko was back in Ontario, serving an eight-month sentence at the Lindsay jail stemming from an April 2009 arrest by Akwesasne Mohawk Police Services on impaired driving and flight from police. He was sentenced on the charges Sept. 13 and was to be released from jail Feb. 22 but was arrested on the extradition warrant a week before his release.

Jocko has an extensive criminal record dating back to 1976 that includes assaulting a police officer, drug trafficking and possession of smuggled goods, his court documents show.

A Syracuse, N.Y., court sentenced one of Jocko’s co-accused last year.

Carl Thompson, 44, of Cornwall, pleaded guilty Oct. 6, 2010, to one count of bringing illegal aliens into the United States and was sentenced Feb. 3, 2011 to three years imprisonment followed by three years of supervised release.

Thompson admitted to his role in smuggling an Irish man, with no permission to enter the U.S., into the country using a boat on the St. Lawrence River to cross through the international boundary between Cornwall Island to the land-locked portion of the reservation in Quebec and from there to a business location in Massena, N.Y.

Jocko briefly appeared in Peterborough’s Superior Court of Justice Monday. His case was adjourned to April 26 for a bail hearing. No date has been set for his extradition hearing.”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

We previously discussed the extradition treaty between the United States and Canada here.

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.