AZMEX SPECIAL 13-2-13

AZMEX SPECIAL 13 FEB 2013

Note: Especially of interest to locals along the border, once again
points out the need for procedures / protocols between law
enforcement and citizens.
The bad guys and law enforcement too often get the wrong address.

Shooter thought feds were home invaders, says defense attorney
Posted: Tuesday, February 12, 2013 8:35 pm
Ildefonso Ortiz | The Monitor
Posted on February 12, 2013

http://www.themonitor.com/news/local/
article_0b1ed01c-7586-11e2-8806-0019bb30f31a.html

McALLEN – His defense attorney said he had fired in self-defense,
thinking it was home invaders posing as cops — not federal agents —
barging into his home.
But the judge denied bond Tuesday for the Weslaco man accused of
being part of a Florida-based drug trafficking group
after he allegedly misidentified and then shot at the agents
raiding his house last week in Weslaco.

On Tuesday morning, Armando Martinez Hernandez went before U.S.
Magistrate Judge Dorina Ramos for a detention hearing.
She denied bond and ordered he be remanded to the U.S. Marshals
Service to be taken to Florida to stand trial.
Martinez was arrested Feb. 5 at his home on 23rd Street in Weslaco
when FBI agents served a warrant out of Florida.
Martinez is allegedly one of seven individuals who conspired to
distribute more than 1,000 kilograms of marijuana in Florida.
Prosecutors have moved to seize various vehicles and properties in
the case.

During the hearing Tuesday, defense attorney Carlos Andres Garcia
alleged that FBI agents didn't identify themselves when they carried
out the arrest,
causing his client to shoot at who he thought were pseudo cops.
Martinez admitted to having fired four shots before realizing they
were federal agents and surrendering.
During the raid, Martinez's wife called 9-1-1, thinking that the men
who were sawing through her wrought-iron gate were robbers attempting
a home invasion.
Along with Martinez and his wife, their 12-year-old daughter and 2-
year-old grandson also were inside the home during the raid.

Garcia told Ramos that his client shouldn't be blamed for shooting at
the agent since he was simply acting in self-defense to protect his
children from an unknown threat.

According to Garcia, Martinez had legally purchased the weapons and
had a concealed handgun license.

Ramos denied the motions and asked a deputy U.S. marshal who was in
the court if, when they serve arrests warrants,
they make it a common practice to refrain from knocking on the door
and simply barge in.
The deputy marshal said that they don't knock in those cases.
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