Latest Legal News from the Criminal Courts in Houston, Texas

June 13, 2007

FORMER BORDER PATROL AGENT SENTENCED TO PRISON AND FINED FOR TRANSPORTING ILLEGAL ALIENS

LAREDO, TX – Former Border Patrol Agent William John Ferrone, 42, of Laredo, Texas, was sentenced to prison and fined $5,000 for conspiring to transport illegal aliens, United States Attorney Don DeGabrielle announced today.

U. S. District Judge George P. Kazen handed down a 16 month prison sentence following a hearing held on Monday, June 11, 2007. Ferrone pleaded guilty to the federal felony offense on September 16, 2006, admitting his role in a conspiracy to transport illegal aliens for the purpose of commercial advantage and private financial gain. Ferrone’s sentence includes an upward adjustment based upon Judge Kazen’s finding that Ferrone recklessly created a substantial risk of serious bodily injury or death to the illegal aliens because they were forced to cross through Laredo “desert” in July to circumvent the border patrol check-point before Ferrone picked up the group. Once Ferrone was encountered by law enforcement on July 28, 2006, one of the aliens in fact needed medical attention. In making this finding, the Court noted that Ferrone was at the stash house or staging area at which time the guides gave the illegal aliens “black shirts” to wear for the trek and would subsequently leave with the illegal aliens to guide them around the check-point. Ferrone had attempted to convince the court that he had no knowledge that the aliens would be walking through ranch land to circumvent the checkpoint by claiming the “black shirts” were given to the illegal aliens so that the aliens would not be observed in vehicles at night. The Judge was not persuaded.

The investigation that led to the arrest and subsequent indictment of Ferrone began on July 28, 2006, after U.S. Customs and Boarder Protection (CBP) agents received information from an anonymous caller concerning a black SUV seen picking up and transporting illegal aliens at the 35-mile marker of IH-35, approximately six miles north of the Border Patrol checkpoint on IH-35, according to allegations contained in a complaint filed on July 31, 2006. A second anonymous caller contacted CBP agents, and after describing the black SUV described by the first caller, told the agents about seeing the vehicle traveling northbound at the 39-mile marker along IH-35 in Encinal, Texas. Acting on the tips, a marked CBP unit located a black vehicle seeming to match the description given by the callers and noticed that it appeared to be riding heavy. The vehicle was occupied by the driver and several others in the back seat. The Border Patrol officers stopped the vehicle to conduct an immigration check at or near the 62-mile marker of IH-35 North. Agents identified the driver as Ferrone and found 11 Mexican and Honduran nationals – all of them illegally in the United States – in the vehicle.

Through further investigation, agents learned that Ferrone picked up the group of illegal aliens along IH-35, about six miles north of the IH-35 Laredo checkpoint, after they had been guided around the checkpoint through the brush by two guides. The aliens were directed by a guide to board Ferrone’s vehicle. Ferrone admitted in open court in September at the time of his guilty plea that his original role in the conspiracy was solely to introduce the “coyote” in Mexico to the “coyote” in the United States. For this “introduction,” Ferrone was to be paid $100 by these men for each illegal alien smuggled into the United States who reached their final destination. On July 28, 2006, arrangements had been made for 11 illegal aliens to be guided around the checkpoint, picked up along IH-35 and driven north. According to Ferrone, he met the group of illegal aliens and their guides along IH-35, picked them up and traveled north. However, he also claimed he did so only after learning another driver would not or could not make the pick up. Ferrone was arrested as he drove the eleven illegal aliens north.

Ferrone, who has been free on bond, has been permitted to remain on bond pending notification of at which U. S. Bureau of Prison facility he will serve his sentence and receipt of an order to surrender from the court.

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