PHOENIX, AZ – A federal grand jury in Phoenix has returned a four-count superseding indictment against Jorge Fontes-Garcia, a 25-year-old illegal alien from Sonora, Mexico, for leading a group of migrants through the Arizona desert, resulting in one heat-related death.
Charges Against Fontes-Garcia
The March 4, 2025, indictment includes the following charges:
- Bringing an Illegal Alien to the U.S. Unlawfully Resulting in Death
- Conspiracy to Bring Illegal Aliens to the U.S. Unlawfully
- Bringing Illegal Aliens to the U.S. Unlawfully
- Reentry of Removed Alien
Smuggling Incident Led to Tragic Death
According to the indictment, on August 23, 2023, Fontes-Garcia acted as a foot guide for a group of eight migrants, leading them across the U.S.-Mexico border into southern Arizona.
Border Patrol agents apprehended seven individuals in the open desert, approximately 19 miles south of Tacna, Arizona. However, one migrant was later found deceased due to excessive heat exposure.
Potential Penalties if Convicted
Fontes-Garcia faces severe penalties, including:
- Bringing Illegal Aliens Resulting in Death – Life in prison or the death penalty, plus a fine of up to $250,000.
- Conspiracy to Bring Illegal Aliens and Smuggling Aliens – Up to 10 years in prison per charge, plus fines of up to $250,000.
- Reentry of Removed Alien – Up to 10 years in prison.
Case Investigation and Prosecution
The case was investigated by Customs and Border Protection’s U.S. Border Patrol and is being prosecuted by the United States Attorney’s Office for the District of Arizona, Phoenix.
As with all criminal cases, an indictment is merely an accusation, and Fontes-Garcia is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
