palominas
A Border Patrol agent was attacked by two undocumented migrants before 5 a.m. in a remote region near Palominas. [Photo by Daniel Webster]

A Mexican man who admitted holding a knife to the throat of a U.S. Border Patrol agent in January near Montezuma Canyon in southern Cochise County will stand trial next month for the attempted murder of a federal officer, unless a plea deal is negotiated in the next two weeks.

Rey David Marquez-Jimenez faces trial on the attempted murder count as well as one count each of assault on a federal officer with a deadly or dangerous weapon and assault on a federal officer. Court record show his trial will begin Nov. 1 in U.S. District Court in Tucson with Judge Jennifer Zipps presiding if a plea deal is not announced by 3 p.m. Oct. 14.

Read more by Terri Jo Neff >>

The charges against Marquez-Jimenez, 23, date back to the early morning of Jan. 26 when USBP Agent J.O. of the Tucson Sector’s Brian Terry A. Station was dispatched around 4:18 a.m. to a remote area between Hereford and Palominas after a USBP surveillance tower observed three individuals illegally entering the U.S. from Mexico.

“After locating two of the individuals, Agent J.O. was attempting to take one person into custody when Agent J.O. was attacked by another person, later identified as Rey David Marquez-Jimenez,” according to the criminal complaint signed by FBI Special Agent Michael Livingood and authorized by Assistant U.S. Attorney Sarah Houston.

Livingood’s complaint goes on to note Marquez-Jimenez struck Agent J.O. on the head and tackled him to the ground.

“In the ensuing struggle, Marquez-Jimenez pulled a knife and held it near Agent J.O.’s throat and face. Agent J.O.’s hand was cut while trying to end the attack,” the complaint adds.

Marquez-Jimenez then fled the scene with the other person but was later arrested by other USBP agents in the area.

“In a post-Miranda statement, Marquez-Jimenez admitted to attacking Agent J.O. and holding the knife to the agent’s throat,” the complaint states.

Personnel from multiple law enforcement agencies remained in the area throughout the day, and it took until 6:30 p.m. for an FBI spokeswoman to advise residents of the sparsely populated area that there was no residual threat to the public.

There were reports at the time that one gunshot was fired during the incident, although it remains unclear whether this is factual, and if so, who fired a gun and whose gun it was. The criminal complaint makes no reference to a firearm but was only written to support the arrest of Marquez-Jimenez on the attempted murder charge.

Marquez-Jimenez has remained in pretrial detention without bail since shortly after his arrest. He was arraigned March 18 at which time an April 26 trial date was announced. However, several motions have been filed and granted by the court since then to continue the trial date.

The most recent motion for a continuance was requested in August by Benjamin Aguilera, the court appointed defense attorney. Aguilera asked for more time to address whether a non-trial resolution (aka plea deal) is possible in the case.

As a result, Zipps set the current deadlines.

MORE ABOUT THE INCIDENT: https://arizonadailyindependent.com/2022/01/26/border-patrol-agent-attacked-in-remote-area-of-cochise-county/



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