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Reynosa Councilwoman Arrested by Texas Authorities After Federal Charges Dropped

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 ”Socalj” for Borderland Beat

Denisse Ahumada Martínez, shown in her June 16, 2023, Hidalgo County booking photo.

Denisse Ahumada Martínez, PAN councilor in Reynosa, Tamaulipas, was re-apprehended and charged by Brooks County, Texas State Police officers and charged with possession of a controlled substance. Yesterday, a federal US Judge dismissed the drug trafficking charges that had been brought against her citing no probable cause for the search that led to the discovery of 42 kilos of cocaine hidden in her Mazda SUV while at the Falfurrias, Texas checkpoint north of the US/Mexican border.

She had been able to convince the judge that she did not know that there were drugs in the car she was driving and that they threatened her to drive it to San Antonio, Texas. This came after initial reports in the criminal complaint filed by DEA Special Agent Nicholas Landsman that she had confessed to smuggling the drugs and had done so before. In court, she claimed on a previous occasion had been threatened in the same way and had crossed with another vehicle.

State Charges & Re-Arrest

Denisse is currently being held at Hidalgo County, Texas jail on a warrant out of Brooks County. She is now facing a drug possession charge on the local level, according to Brooks County Sheriff Urbino “Benny” Martinez. “The norm has been that if the case is not accepted [in] the federal level, we adopt those cases,” Martinez said.

“Ahumada-Martinez will remain at the Hidalgo County jail until the Brooks County Sheriff’s Office takes her into custody,” Martinez said. Hidalgo County borders Tamaulipas, Mexico, the checkpoint she was arrested at on June 10, 2023, for allegedly trafficking 42 kilos of cocaine is located to the north in Brooks County.

DEA Agent’s Testimony Conflicted Criminal Complaint

During the preliminary hearing that ultimately resulted in the dismissal of the charges against her in federal court by Judge Juan F. Alanís; DEA Special Agent Nicholas Landsman testified that following her arrest, she stated that she had been threatened and she had no knowledge of the drugs being in the Mazda.
According to the DEA agent, Denisse Ahumada-Martinez claimed someone had threatened her. She received a call from someone with a Mexican phone number, who instructed her to take her car to Monterrey, drop it off, pick it up, and drive to San Antonio. So she did.

The person told Ahumada-Martinez to drive from Reynosa to Monterrey on June 9. Ahumada-Martinez parked the Mazda in Monterrey. She picked up the car later that day and returned to Reynosa. The same person told Ahumada-Martinez to cross the border on June 10 and drive to San Antonio, Texas.

Ahumada-Martinez took her two children, a 2-year-old and a 7-year-old, with her. Border Patrol stopped them south of Falfurrias. Ahumada-Martinez said that she believed something illegal was going on but she didn’t know what.
She had 3 cellphones with her when Border Patrol arrested her. DEA agents discovered messages between Ahumada-Martinez and a Mexican phone number had been deleted. “She just knew that she was doing something illegal,” Landsman said.
During cross-examination, the DEA Agent admitted that her “mere presence” in the car was the only proof that they had that Ahumada-Martinez knew she was transporting drugs. His testimony appeared to conflict with the criminal complaint, which suggested that Ahumada-Martinez knew about the drugs.

Cross-Examination & Dismissal

Reyes asked if the government had any proof Ahumada-Martinez knew the Mazda contained drugs.

Landsman said, “Ahumada-Martinez was the only adult in the car.”

Reyes asked Landsman again: “Other than merely being present when Border Patrol found the cocaine, did the government find any evidence that Ahumada-Martinez knew the Mazda contained drugs?”

Landsman said no other proof existed.

“There’s a lot of stretching here and speculating, judge,” Reyes said.

Assistant U.S. Attorney Laura Marie Garcia pushed back.

“Given the circumstances, a reasonable person would assume the vehicle contained something illegal,” Garcia said. She maintained the government had enough evidence to establish probable cause.

Judge Alanís said the government had provided no evidence that Denisse Ahumada-Martinez knew the car contained drugs, so the government didn’t have enough probable cause to support the charge. Case dismissed.
“The judge determined that there was not enough probable cause against her…they did not show that she had knowledge of those drugs.” her attorney Samuel Reyes stated. “On a previous occasion, the same thing happened, where she was threatened. She didn’t know what was in the vehicle, but she knew that she was threatened and they asked her to transport the vehicle, she did, and I think she went to another place, but she transported it, she didn’t know what was inside, and she hoped they would leave her alone, but they threatened her again.”

He assures that he fears for the safety of his client. “It’s easy for somebody to say: Well, you know, they’re still guilty. They could have gone to the police,” Reyes said. “There’s nothing until you face that situation where your life is under threat and you’re being threatened to do something by these organizations that you really know what that feels like and what that results in.”

“You have to prove intent. You have to give some evidence that there was intent to traffic narcotics,” said attorney Samuel Reyes. “In this case, the government did not do that and the judge made the right decision.”

It was possible that the government could take the case to a federal grand jury with additional evidence to bring charges; that is not been announced either way yet. But, Brooks County beat them to it charging her with possession of a controlled substance.


Source: http://www.borderlandbeat.com/2023/06/reynosa-councilwoman-arrested-by-texas.html


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