Human Smuggler Sentenced to 19 Years for Attempted Murder of Border Patrol Agent

A New Mexico man will now face up to 19 years in federal prison after shooting a Border Patrol agent twice during a failed human smuggling attempt. His protective body armor saved the agent’s life.

A federal judge in the District of New Mexico sentenced 25-year-old Roberto Esquivel, a U.S. citizen, to 19 years in prison for shooting an El Paso Sector Border Patrol agent during an immigration inspection. According to a statement from the U.S. Attorney’s Office for the District of New Mexico, A Border Patrol agent pulled over Esquivel on a remote rural highway near Animas, New Mexico.

RELATED: Border Patrol Agent Shot Multiple Times, Returns Fire on Smuggler in New Mexico

According to a criminal complaint obtained by Breitbart Texas, the agent was on duty in plain clothes, wearing a tactical vest displaying the words “POLICE FEDERAL AGENT” when he approached the suspected human smuggler on January 5, 2023 at about 11:30 a.m.

The agent observed people in the vehicle he believed to be migrants illegally present in the United States. As the agent asked the driver, Esquivel, to exit the vehicle, the suspected human smuggler produced a gun and fired twice. The bullets struck the agent in his torso. Officials stated that the protective body armor saved the agent’s life. The agent returned fire as Esquivel fled the scene in his vehicle.

Officials reported that he lost control of the vehicle a short time later and crashed. When the vehicle rolled multiple times, one of the migrants sustained severe injuries, requiring an airlift to an area hospital. The migrant recovered from his injuries.

Responding law enforcement agents apprehended Esquivel and six passengers, who were later identified as migrants illegally present in the United States, the criminal complaint states. A search of the area led to the discovery of a black Smith & Wesson .40 caliber pistol about 150 yards east of the rollover crash scene.

After reading Esquivel his rights, the man confessed to smuggling the migrants to Deming, New Mexico. The man said he thought police were pulling him over but later recognized the approaching man as a Border Patrol agent. He said he panicked and opened fire on the agent.

During a secondary interview, Esquivel admitted to smuggling migrants on four prior occasions, according to the complaint. He admitted to being paid $300 per migrant to drive the migrants to the Deming location.

The U.S. Attorney’s Office charged Esquivel with attempted murder of a federal officer, aggravated assault of a federal officer with a deadly weapon, discharge of a firearm in furtherance of a crime of violence, and conspiracy to transport illegal aliens in further of their stay in the United States, the complaint states. Esquivel pleaded guilty to all four counts in the complaint.

The 228-month sentence is composed of concurrent sentences of 108 months for the attempted murder charge, the aggravated assault charge, and the human smuggling charge, combined with a sentence of 120 months for the 924 (c) charge of discharging a firearm in furtherance of a crime of violence.

After completing his sentence, Esquivel faces an additional three years of community supervision.