Boat Captain Indicted in Human Smuggling Operation That Resulted in Death of a Minor

Dominican national could face life in prison or death penalty in incident off coast of Puerto Rico

A seal reading "Department of Justice Federal Bureau of Investigation" is displayed on the J. Edgar Hoover FBI building in Washington, on Aug. 9, 2022. STEFANI REYNOLDS/AFP via Getty Images

A grand jury in the District of Puerto Rico has indicted a Dominican national for multiple crimes related to human smuggling that resulted in the death of a minor child.

The Dominican national was charged with smuggling aliens into the United States, a crime that resulted in the death of a minor, aiding and abetting, and improper entry of an alien, according to the Department of Justice’s statement.

Alcibades De Paz was the captain of a boat that carried about 39 non-American citizens in an attempt to enter Puerto Rico illegally. The plan to smuggle people from the Dominican Republic to the United States involved using Puerto Rico’s west coast, according to court records. While law enforcement, including the Puerto Rico Police Bureau marine unit (Fuerzas Unidas de Rápida Acción, FURA), attempted to intercept the suspected vessel, De Paz is said to have been the engine operator. The boat capsized before it could reach the coast.

“Transnational human smuggling and trafficking networks pose a serious criminal threat,” U.S. Attorney for the District of Puerto Rico W. Stephen Muldrow said, according to the Department of Justice. “Our office will prosecute those who illegally smuggle individuals into the United States and routinely place these migrants’ lives in danger. We will continue efforts to disrupt and dismantle smuggling networks that abuse, exploit, or endanger migrants, and pose serious national security threats.”

One of the 39 passengers was a 3-year-old who was found unconscious in the water. He was taken to a hospital for treatment, but after failed attempts at resuscitation, he was pronounced dead. Also on the boat was the child’s mother, who claimed to be of Haitian descent.

The others on board were Dominican, Haitian, and Afghan nationals. They were detained and taken to the Ramey Border Patrol Station for additional processing, investigation, and removal procedures, but one of the illegal immigrants, a Dominican citizen, escaped in the underbrush.

De Paz was ordered held in custody while awaiting trial by U.S. Magistrate Judge Bruce McGiverin of the U.S. District Court for the District of Puerto Rico during yesterday’s arraignment and bail hearing. He might receive the death penalty or a life sentence in prison if found guilty. After taking into account the U.S. Sentencing Guidelines and other legal considerations, a federal district court judge will decide.

Purpose of the Grand Jury Trial

A grand jury is empaneled by a court when prosecutors deem it necessary to investigate potential criminal conduct and determine whether there is probable cause to believe that a person or entity has committed a crime. The jury members will hear evidence from a variety of sources, including witnesses, law enforcement officials, and experts in the field.

The use of a grand jury in the indictment process is rooted in the Fifth and Sixth Amendments of the United States Constitution, which provide for the right to a grand jury and the right to a fair trial. The use of grand juries is not mandatory, some states do not use grand juries, and federal criminal proceedings also have the option of using a different process known as a “probable cause hearing” instead.

The statement was made by Acting Special Agent in Charge of Immigration and Customs Enforcement Homeland Security Investigations Rebecca González, Acting Chief Patrol Agent, U.S. Border Patrol, Ramey Sector Desi Deleon, and U.S. Attorney W. Stephen Muldrow of the District of Puerto Rico.

Other Human Smuggling Indictments

Puerto Rico isn’t alone in its fight against human trafficking as Immigration and Customs Enforcement reporting on Jan. 17 that a smuggler admits to a conspiracy that resulted in two deaths.

ICE issued a statement saying that following an investigation by Homeland Security Investigations (HSI) in Laredo, Texas, U.S. Border Patrol, and the U.S. Marshals Service, a 34-year-old Dominican Republic citizen pleaded guilty to transporting noncitizens within the United States, resulting in two deaths. Wilkin Perez-Perez entered a guilty plea in front of a federal judge for his role in a human smuggling incident.

A Border Patrol agent checks an illegal immigrant wearing two wristbands that Mexican cartels have been using to control human smuggling into the United States, near Penitas, Texas, on March 15. 2021. Charlotte Cuthbertson/The Epoch Times

Melvin L. Barahona-Godoy, 27, of Guatemala, and Yoryi Alexis Perez, 33, of the Dominican Republic, led several people to the Rio Grande river on Sept. 21, 2017, according to court documents. Two noncitizens drowned while attempting to cross into the United States, and their bodies were discovered along the riverbank.

Perez-Perez, who had returned to the Dominican Republic, was the subject of the investigation. He oversaw the organization’s U.S. branch of the operation and was in charge of noncitizens’ transportation into the country, harboring them in Laredo. He was eventually apprehended by authorities and extradited to the United States.

Perez-Perez will be held in jail pending a hearing. Godoy and Yoryi Alexis Perez were also charged in connection with the men’s transportation and harboring, among other allegations.