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Tue, Sep 06, 2011

DHS Pilot Found Not Guilty Of Lying In 2005 Drowning Case

Judge Declares A Mistrial On Three Other Counts

A Department of Homeland Security (DHS) pilot was found not guilty on Friday on charges of lying to federal investigators about the drowning of a person attempting to cross into the U.S. illegally.

In the 2005 incident, Carlos Delgadillo Martinez drowned in the Rio Grande in the attempt. Prosecutors had accused pilot James Peters of flying his helicopter low to the ground in an attempt to force Delgadillo and another person back to the Mexican side of the river. Officials said the rotorwash caused Delgadillo to lose his grip on the inner tube he was using for support in the water.

USA Today reports that, while prosecutors portrayed Peters as an aggressive pilot who tried to force the people back to Mexico, the defense successfully argued that the pilot did not lie about flying too close to an international bridge or having any contact with alleged illegals immigrants on the bridge. And while there was video of the incident, the defense said there was no proof of anyone drowning on the video shown to the federal jury.

Peters had been accused of four counts of making false statements to federal investigators. Along with the acquittal on one count, the jury was unable to reach a verdict on the other three, forcing the judge to declare a mistrial.

FMI: www.dhs.gov, www.cbp.gov

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