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El Paso judge dismisses 140 riot charges against migrants

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A district court judge has dismissed 140 cases against migrants charged during an April 12 “riot” at the U.S.-Mexico border after finding there was no probable cause for their arrests.

County Court at Law 7 Judge Ruben Morales dismissed the 140 cases during a hearing on Monday, April 22, after ruling that Texas Department of Public Safety state troopers failed to provide probable cause for the mass arrest .

“After reviewing the affidavit, I do not believe (probable cause) exists,” Morales said during the hearing. “I do not believe there is probable cause why these individuals continue to be held for the crime of participating in the riot.”

The migrants will now be released from state custody. However, all 140 migrants still face federal charges for illegally entering the U.S. and will be transferred to federal custody.

The dismissal does not mean that the migrants cannot later be charged with participating in a riot. The El Paso District Attorney’s Office could still charge them with these charges.

The El Paso District Attorney’s Office official could not immediately be reached for comment.

“This is one step,” El Paso County Public Defender Kelli Childress said after the hearing. “Can the DA go back and charge them now? “Certainly, but I hope they have the integrity to explain to a grand jury what probable cause means and the fact that the judge found there isn’t any.”

More: Migrants breach the barbed wire barrier in El Paso and overwhelm the Texas National Guard

Two other cases related to the April 12 encounter between migrants and Gov. Greg Abbott’s Operation Lone Star forces were not dismissed because one of the suspects is already in federal custody and the other is charged with criminal mischief, not participation in riot.

The alleged “riot” took place on April 12 in the US-Mexico near Riverside High School in El Paso’s Lower Valley.

Childress argued at Monday’s hearing that Texas Department of Public Safety troops lacked probable cause when they mass arrested a large group of migrants on charges of participating in a riot.

“This is nothing more than an attempt at arrest and intimidation,” Childress said during the hearing.

Assistant El Paso District Attorney Jennifer Vandenbosch countered that the migrants knew when they crossed the border illegally that they were taking part in a riot.

“Why were they camping and waiting for someone to cut the concertina wire?” Vandenbosch said this during the hearing.

Vandenbosch declined to comment after the hearing.

Public defender calls hearsay allegations without real evidence

Affidavits filed by state DPS troopers were the main focus of Monday’s hearing, which stemmed from the arrest of 142 migrants on charges of participating in a riot.

The criminal affidavits against each migrant are the same, with only the names of the defendants changed, Childress said.

“The affidavits for almost all of the migrants are identical,” Childress said. “DPS officers in the affidavit use boilerplate language.”

She argued that the basis of the accusations against the migrants is based on hearsay, with the affidavits failing to identify anyone who saw the migrants participating in the riot.

“There is no evidence as to who in the National Guard witnessed the crime,” Childress said. “These affidavits are nothing more than hearsay. We have nothing to indicate that these (migrants) are participating in a riot.”

District Attorney: Migrant ‘wanderer’ charged at Texas troops

Vandenbosch argued that the affidavits provided sufficient probable cause to show that the migrants participated in the riots.

The evidence in the affidavit includes the migrants who cut through the concertina wire and the “wandering” National Guard troops, state troopers and Border Patrol, Vandenbosch said.

“They all followed,” Vandenbosch said. “If you come to power with a large group, you participate in a riot.”

The judge questions whether the affidavit shows participation in the riot

Vandenbosch repeatedly said during the hearing that the migrants broke the law when they crossed the border illegally.

Judge Morales reminded Vandenbosch several times that the charge the migrants face in state court is participation in insurrection, not illegal entry into the US.

Vandenbosch argued that crossing the border illegally in a large group showed that the migrants participated in the riot.

She added that it did not matter whether the migrants were at the front or back of the large crowd as they were still participating.

Childress ended her argument by stating that prosecutors “clearly had no evidence whatsoever.”

Morales then adjourned the hearing before making a decision on probable cause.

All 142 migrants remain under immigration charge review by U.S. Immigration and Customs Enforcement.

No trial dates have been set for the federal charges.

Migrants and the National Guard continue to face each other at the border fence

This is at least the second mass arrest incident at the border fence in El Paso.

On March 21, a “riot” occurred around 10:45 a.m. at Gate 36 of the border fence in El Paso’s Lower Valley, about eight miles from downtown El Paso.

A group of migrants reportedly cut the concertina wire placed on the border by National Guard troops and stormed the troops, state troopers and U.S. Border Patrol agents.

Two Texas National Guard troops were injured in the incident, according to court documents.

Ultimately, 682 migrants were arrested for crossing the border illegally during the confrontation with National Guard troops.

DPS troopers arrested 214 migrants on charges of state crime “riot participation.” Another nine migrants are charged with rioting by the state for their actions that reportedly led to two National Guard troops being injured during the altercation.

Aaron Martinez can be reached at [email protected] or on Twitter @AMartinezEPT.

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