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FBI questions brothers in the death of Border Patrol agent

By The Washington Post
Dec. 6, 2017 at 11:05 p.m.


EL PASO — FBI agents investigating the unexplained death of a Border Patrol agent have turned their attention to two brothers who might be suspects in the case, one of whom has been taken into federal custody on an immigration violation, according to court documents filed this week in New Mexico.

Border Patrol agent Rogelio Martinez's death last month was quickly seized upon by President Donald Trump to re-affirm his case for a wall along the border with Mexico. But the FBI has only said it is treating Martinez's death as a "potential attack" and had yet to determine if he could have died in an accident or under other circumstances.

The documents released this week are the strongest sign yet investigators believe that Martinez was the victim of a gruesome roadside beating Nov. 18. The 36-year-old agent was found with severe head injuries and broken bones at the bottom of a culvert along Interstate 10 in West Texas. He died at an El Paso hospital hours later.

Another agent, whom court documents identified for the first time as Stephan Garland, was found near Martinez with serious injuries and no memory of what happened. Neither officer drew his weapon, initially casting doubt on the possibility the agents came under attack.

Jeanette Harper, spokeswoman for the FBI in El Paso, which is leading the investigation, said officials could say little about the latest court filings because the probe is ongoing.

"We are still in the beginning stages to see if these people are connected to this incident," Harper said.

But in the court filings the FBI refers to the brothers, Antonio and Jesus Muñoz, as "the likely perpetrators of the assault."

On Sunday, investigators found fabric with red stains and other discolored clothing after obtaining a warrant to search a 2004 Pontiac Grand Am that transported Antonio Muñoz, and another brother, Daniel Muñoz, on Nov. 20.

The brothers denied any role in the incident or any knowledge of what happened to the agents.

Martinez's autopsy report has not yet been completed, the El Paso County Medical Examiner's Office said Wednesday.

Both Muñoz brothers are in federal custody.The U.S. Attorney's Office for New Mexico on Tuesday assigned one of its top prosecutors to Muñoz's immigration case, but it's unclear if the government plans to file additional charges.

According to the FBI, a confidential informant told Border Patrol agents that the Muñoz brothers were part of group that might have assaulted the officers with rocks.

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