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Saturday, 21 November 2009

17-year-old Christian Daniel Castro Alvarez pleaded guilty in U.S. District Court in San Diego to murdering a federal officer during a robbery.

17-year-old Christian Daniel Castro Alvarez pleaded guilty in U.S. District Court in San Diego to murdering a federal officer during a robbery. The teen admitted to illegally crossing into the United States near Campo with a group July 23 and luring Rosas from his patrol vehicle to rob him, according to the plea agreement. During the robbery, Castro Alvarez and Rosas struggled over a gun, and the agent was shot eight times by the teen and at least one other assailant. Prosecutors declined to answer additional questions about the incident. It was unknown if Rosas’ service weapon, which was stolen, has been recovered. The case remains under investigation, according to the FBI. No additional arrests have been announced. “The Rosas murder investigation will continue to be a priority until all involved in the murder are brought to justice,” Border Patrol Deputy Chief Richard Barlow said yesterdayat a news conference at the agency’s Chula Vista headquarters. “Though this provides some degree of closure, the murder of Robert is a stark reminder of the dangers that our agents face every day protecting our homeland.” The teen, with the assistance of a translator, appeared in federal court yesterday morning before U.S. District Judge M. James Lorenz for a motion to make the proceedings an adult case. He later pleaded guilty to charges of murdering a federal officer during a robbery, and aiding and abetting. The courtroom was packed with onlookers, including Rosas’ widow, Rosalie. The family could not be reached later for comment. Ezekiel E. Cortez, the attorney representing Castro Alvarez, said during the brief federal court hearing that his client did not intend to shoot the Border Patrol agent. “He is deeply, deeply remorseful,” Cortez told reporters outside the courtroom. “He himself was shot during the struggle, in the right hand. At no time did he have any intention to harm anyone, specifically a law enforcement officer.” He is scheduled to be sentenced Feb. 19. The prosecution and defense have both recommended a sentence of 30 years to life in prison, according to the plea agreement. The document stated that the defense could argue for a sentence of 24 years and four months to life in prison, depending on the teen’s criminal history. Both parties agreed that the sentencing should take into consideration the facts that Castro Alvarez voluntarily surrendered and agreed to be considered an adult. “They wanted him to be treated as an adult because of the severity of the crime,” said Charles LaBella, a former federal prosecutor now in private practice in San Diego. LaBella said a judge can do whatever he or she thinks is appropriate. “Under the law, the guidelines are truly guidelines,” he said. “Judges under federal law are required to consult the guidelines. As a general rule, they stay within the guidelines.” In the days after the shooting, law enforcement on both sides of the border detained men believed to have information, but no one was formally charged in the killing. Department of Homeland Security Secretary Janet Napolitano said in a statement that the guilty plea is a clear sign to criminals that assaults on officers will not go unpunished.
“I am confident that any others involved in Agent Rosas’ tragic death will also be held responsible, and I applaud the U.S. Attorney’s Office and the FBI, as well as the government of Mexico, for their cooperation in this case,” Napolitano said. Rosas, 30, a three-year member of the force, became the first Border Patrol agent killed by gunfire since 1998, according to a Web site that tracks law enforcement deaths. He was one of 2,500 agents serving in the San Diego sector, which runs along 61 miles from the Pacific Ocean to the Imperial County line. Rosas worked for two years as a reserve officer in the El Centro Police Department, then for six as a state prison guard, before joining the Border Patrol. He is survived by his wife and two young children in El Centro. Border Patrol spokesman Jerry Conlin said the danger for agents at the border remains high. “It is still that level of threat where every agent has to remain vigilant as smuggling organizations are continually using tactics in the forms of assaults — either with rocks or vehicles or not yielding to emergency lights and sirens,” Conlin said. “In every encounter, you just never know. It could be a group of three or 30.”

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