Bernardo Javier Gutierrez, 25, a Mexican national, has been indicted for assaulting a United States Border Patrol agent with a deadly weapon, illegally possessing a firearm and ammunition, and of discharging a firearm while in the commission of a violent offense, United States Attorney Don DeGabrielle announced today.
The indictment, returned by a Laredo grand jury on Tuesday, Sept. 30, 2008, charges Gutierrez with using a 9 mm semi-automatic pistol to assault a United States Border Patrol agent on Sept. 13, 2008. Two U.S. citizens, Mario Alberto Garcia Jr., 19, and Manuel Alberto Santana, 19, were also named in the indictment accused of aiding and abetting Gutierrez to possess the pistol and hindering and preventing Gutierrez’ apprehension. Gutierrez, Garcia and Santana were all arrested on Sept. 13, 2008. Gutierrez remains in federal custody without bond pending indictment and trial. Garcia and Santana both ordered released upon posting bond following their arrests. All three are expected to appear in federal court for arraignment on a date to be set by the court in the near future.
