Illegal alien achieves dream of staying in America: Federal prison term for kicking, throwing rocks at Border Patrol

Jaime Martinez-Garcia, of Guaymas, Sonora, Mexico, was apparently not going to let anything stand in his way of achieving his goal of living in the United States.

The 'American Dream' is tangible for everyone/Thinkstock

Not even deportation. And surely not U.S. Border Patrol agents, whom he reportedly kicked and threw rocks at when they tried to stand in his way.

Martinez-Garcia’s dream of remaining in the U.S. came true this week when a federal judge in Tucson sentenced him to six years in federal prison, according to a news release from the District of Arizona Office of the United States Attorney.

His sentence came after a jury at his August trial found him guilty of two counts of assault on a federal officer and one count of illegal re-entry after deportation.

His success story began with a challenge from the get-go, as he was caught after illegally entering the United States and shuttled back to Mexico May 20, 2009.

Not to be deterred by that annoying thing called deportation, Martinez-Garcia returned to U.S. soil three days later.

But this time, alas, he encountered Border Patrol agents in Potrero Canyon, west of Nogales. When they told him to stop, he instead kicked one of the agents in the leg and ran.

Another agent nearly caught up with Martinez-Garcia when the Mexican man stopped and picked up a big rock. The agent drew his weapon and ordered Martinez-Garcia to put down the rock. So he threw it at the agent, hitting him in the leg.

Martinez-Garcia then picked up another rock and, once again, was ordered to drop it. He did not. The agent fired.

The release did not note where Martinez-Garcia was hit with the bullet, but we know the injury was not life-threatening as he was alive enough to attend his trial and alive enough to receive a federal prison term.

He was sentenced by U.S. District Judge David C. Bury.

Way to go, Martinez-Garcia. Perhaps he can serve as an example to others who try, but fail, to start a new life in this blooming land of opportunity.

The quote:

“U.S. Border Patrol agents patrol hundreds of deserted miles in our vast Southwestern Deserts protecting our border every day,” said U.S. Attorney Dennis K. Burke. “Just as our citizen’s safety is a priority for them, their safety is a priority of ours.”

The players:

The investigation in this case was conducted by Federal Bureau of Investigation and the United States Border Patrol. The prosecution was handled by Ann DeMarais, Assistant U.S. Attorney, District of Arizona, Tucson.


What do you think?

Do you think a prison term is a ploy to stay in the U.S.?

Are prison terms the way to go in such cases?


About Rynski

Writer, artist, performer who specializes in the weird, wacky and sometimes creepy. Learn more at
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20 Responses to Illegal alien achieves dream of staying in America: Federal prison term for kicking, throwing rocks at Border Patrol

  1. leftfield says:

    Two years minus time served for the officer who murdered Oscar Grant, six years for throwing a rock and hitting someone in the leg.  This is “Equal Justice Under The Law”?  I guess some are more equal than others. 

    The truth is that the system takes great umbrage at any assault upon its symbols of authority and will react quite violently at even the most minor lack of respect, let alone injury.  Even the most superficial look at the disparity of sentencing for a member of the “excess labor” pool who assaults an enforcer and an enforcer who assaults a member of the “excess labor” pool proves this out. 

    • Rynski says:

      dang good point – that would make a dang good essay. thanks for your input, once again, leftfield!

    • andrew farley says:

      “Justice is Blind” Comrade.  Az mouse has a good point and I know from experience that the Mexican police would have an interesting counterpoint to the situation. How about the essay Lefty speaks about can be from the Southern borders perspective. Hi everyone! Parade rides in the E#903 very soon, is the captua.

  2. azmouse says:

    I wonder what would happen to an American citizen in Mexico if he did the same thing to a person in a similar position of authority.
    Also, isn’t that man already showing an aggressive nature? How might he have behaved once in the U.S.?
    I wouldn’t be threatening to anyone, ever.

    • leftfield says:

      I wouldn’t be threatening to anyone, ever.

      We believe you, and it’s just one of the things that we love about you, azmouse. 

      I wonder what would happen to an American citizen in Mexico if he did the same thing to a person in a similar position of authority.

      No doubt the same or worse.  My impression is the system in Mexico is no less devoted to maintaining power than the system here or anywhere.  It’s always dangerous to attack the symbols of state authority.  Compare the effort put towards tracking down folks who have shot/killed a policeman versus the guy who shot a drug dealer. 

      • Rynski says:

        would you be comfortable in a society where the same amount of manpower was used to track down a cop killer as was used to track down a drug dealer killer?

      • Oakland says:

        I would want the same amount of man power put forth, its like saying one life is more valuable than the other. Not that I am fond of drug dealers, But we look at police officers for what they are supposeto represent, not for always what they are. I do agree with you rynski, the man had more than one opportunity to comply, he choose not to, there for action was taken.

      • Rynski says:

        thanks for answering the question i thought no one would want to answer, oakland.
        i am undecided – i fully understand where you’re coming from with every life having the same value – but, on the other hand, there is the ‘serve and protect’ oath that cops take – and that ‘lead’ thing the president is supposed to do – so shouldn’t those positions get a bit more esteem when it comes to people who want to shoot down or kill folks in those positions?

      • leftfield says:

        Yes, I would.  I am not surprised that those holding power, who are dependent on the police as an armed domestic force to represent and maintain the power of the state, would devote more energy and money to prosecuting someone who threatened state authority by killing one of their agents.  After all, if it was perceived that the state was indifferent to such crimes, there would be all manner of negative consequences for the state.  I’m speaking from a purely practical point of view as devil’s advocate for the ruling class in this case.  Speaking from a moral and humanistic POV, then I would expect the state to assign similar value to both lives. 

        I am only a somewhat disinterested observer of the behavior of the current regime and I do not identify with the state a whole lot more than I would identify with the hypothetical dead drug dealer.  This because, in my POV, both are dangerous in different ways to the welfare of the people of the world.  So it doesn’t particularly scare me if a police officer is killed.  I am sad for him/her and sad for their friends and relatives, but in his/her status as a symbol of state power, no I’m not bothered. 

      • Rynski says:

        excellent point: ‘After all, if it was perceived that the state was indifferent to such crimes, there would be all manner of negative consequences for the state.’
        thanks for your answer, too – and i have a strange feeling you’re none too fond of the gov’t – hahahahah.

    • Rynski says:

      he was already deported and came back. then he kicked – strike one
      then he threw a rock – strike two
      then he refused to drop a second rock – strike three
      guess you could say he was showing a bit of aggression, azmouse. and he had plenty of time to comply….

  3. Alan in Kent WA says:

    I am glad he didn’t initiate a suit because he could have a bad case of tennis elbow from throwing the rock!  It was the fault of the Border Agents to be in the way of the rock.  Here in the P.R.S, that would be the very logical conclusion.

  4. radmax says:

    Dude sounds a bit loony Rynski…or perhaps he felt he had the right to enter the U.S. illegally from reading ‘the illegals are citizens too’ nonsense (three hot dogs, etc.) around here. 😉

  5. citizentoo says:

    It’s a shame, that the border patrol agent is such a bad shot.

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