Case 5:22-cr-00366-OLG Document 92 Filed 06/07/23 Page 1 of 8

RDACTED FILED
COPY
[SEALED]UNITED STATES 7 2023
DISTRICT COURT
WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION
W!STT(
CLKus. O4STRICT

UNITED STATES OF AMERICA

Plaintiff
V 5:22: CR-00366-OLG
(1) HOMERO ZAMORANO JR., SUPERSEDING INDICTMENT
(2) CHRISTIAN MARTINEZ,
(3) RILEY COVARRUBIAS-PONCE COUNT 1: Vio: 8 U.S.C. §
aka RRILI 1324(a)(1)(A)(ii), (a)(1)(A)(v)(I) &
aka RILAY, (a)(1)(B)(iv): Conspiracy to Transport
(4) FELIPE ORDUNA-TORRES Illegal Aliens Resulting in Death
aka CHOLO
aka CHUEQUITO/CHUEKITO COUNT 2: Vio: 8 U.S.C. §
ki NJUPU 1324(a)(1)(A)(ii), (a)(1)(A)(v)(I) &
(a)(1)(B)(iii): Conspiracy to Transport
Illegal Aliens Resulting in Serious Bodily
Injury and Placing Lives in Jeopardy
(6) LUIS ALBERTO RIVERA-LEAL
aka COWBOY, COUNT 3: Vio: 8 U.S.C. §
(7) ARMANDO GONZALES-ORTEGA 1324(a)(1)(A)(ii), (a)(1)(A)(v)(II) &
aka EL DON (a)(1)(B)(iv): Transportation of Illegal
aka DON GON, Aliens Resulting in Death

Defendants COUNT 4: Vio: 8 U.S.C. §

1324(a)(1)(A)(ii), (a)(1)(A)(v)(II) &
(a)(1)(B)(iii): Transportation of Illegal
Aliens Resulting in Serious Bodily Injury
and Placing Lives in Jeopardy

THE GRAND JURY CHARGES:

Introduction

From at least December 2021 through June 2022, the defendants, HOMERO

ZAMORANO JR., CHRISTIAN MARTINEZ, RILEY COVARRUBIAS-PONCE, FELIPE

1) 11I$J (IJlTltl * LUIS ALBERTO RIVERA-LEAL,

ARMANDO GONZALES-ORTEGA, and others (collectively "smugglers"), participated in a

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human smuggling organization which illegally brought adults and children from Guatemala,

Honduras, and Mexico (collectively "aliens") into the United States. The aliens were not U.S.

citizens and did not have prior official authorization from the U.S. government to come to, enter,

and reside in the United States.

2. Each alien, or their families and friends, paid money, generally the equivalent of$ 12,000-

$15,000 USD, to individuals in Guatemala, Honduras, Mexico, the United States, and elsewhere,

to be transported illegally into the United States. This fee normally included at least three

"attempts"----that is, if the alien was caught by U.S. law enforcement at or near the border and

deported, the organization would smuggle them into the United States again for no additional fee.

3. The smugglers worked in concert with each other to transport, and facilitate the

transportation of, their various "customer" aliens, utilizing each other's routes, guides, stash

houses, trucks, trailers, and transporters. This patchwork association enabled the smugglers to

consolidate costs, spread out risk, and operate more profitably.

4. To ensure proper accounting, each alien was given a code wordthe "clave"to provide

at various points along their journey. These code words established that the alien was a "customer"

of a smuggler who had arranged access for that portion of the journey, be it a stay at a stash house,

a ride in a vehicle, or being led by a guide.

5. Once in the United States, the aliens were to be transported to various destinations within

the United States, including San Antonio and other areas within the Western District of Texas.

6. The smugglers operating in the United States worked in concert with smugglers operating

in Guatemala, Honduras, and Mexico.

7. The organization maintained a variety of tractors and trailers, which it used to transport

aliens from near the border to San Antonio. Some of these tractors and trailers were stored at a

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private parking lot in San Antonio.

8. Members of the organization managed stash houses along the border and coordinators

worked to consolidate aliens from these stash houses into larger groups that could be transported

in tractor-trailer loads from Laredo to San Antonio.

9. In the days leading up to June 27, 2022, COVARRUBIAS-PONCE, ORDUNA-

TORRES, and others, exchanged the names of aliens who would be

transported in an upcoming tractor-trailer load.

10. On June 27, 2022, the defendants charged herein, and others, facilitated and coordinated

the retrieval of an empty tractor-trailer and the corresponding hand-off of the tractor-trailer to the

driver in San Antonio.

11. The organization recruited ZAMORANO to drive the tractor-trailer, as he had done

previously. MARTINEZ drove ZAMORANO from Palestine, Texas to a gas station in San

Antonio, where ZAMORANO picked up the empty tractor-trailer. Each was to be paid for their

role.

12. ZAMORANO then drove the tractor-trailer to Laredo, where groups of aliens were

transported in box trucks from stash houses to the location of the tractor-trailer. ZAMORANO

received the load-up address from MARTINEZ, who was provided it by ORDUNA-TORRES.

GONZALES-ORTEGA also traveled to Laredo and met the tractor-trailer at the load-up location.

In total, at least 66 aliens were loaded into the back of the 53-foot trailer, including eight children

and one pregnant woman.

13. The organization demanded that the aliens give up their cell phones prior to entering the

trailer. An unknown powder was dispensed in the back of the trailer to mask the smell of the human

cargo from detection K-9s at U.S. Border Patrol Checkpoints.

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14. Once the trailer was loaded with the aliens, ZAMORANO drove it north along IH-35 to

San Antonio. GONZALES-ORTEGA returned to San Antonio as well.

15. Throughout the transport, MARTINEZ, COVARRUBIAS-PONCE, ORDUNA-

TORRES, RIVERA-LEAL, and GONZALES-ORTEGA

coordinated, facilitated, passed messages, and made each other aware of the tractor-trailer's

progress. MARTINEZ passed along messages and instructions to ZAMORANO.

16. Known to some of the defendants charged herein, the trailer's air-conditioning unit was

not working properly and did not blow any cool air to the aliens inside.

17. As the temperature inside the trailer rose, chaos ensued. Some aliens screamed and

banged on the walls for help. Some passed out, unconscious. Others clawed at the sides of the

trailer attempting to escape.

18. After making the approximate 3-hour journey, the tractor-trailer arrived at the designated

unloading location along Quintana Road in San Antonio. The location is easily accessible from

IH-35, but is desolate, private, and experiences little traffic. Members of the organization met the

tractor-trailer.

19. When the doors to the trailer were opened, forty-eight of the aliens were either already

dead or died on site, including one who was pregnant. At least two surviving aliens were

immediately transported away by members of the organization. Other members fled the location

after discovering so many of the aliens had died. ZAMORANO was found hiding in the nearby

brush by responding law enforcement.

20. Sixteen aliens were transported to hospitals-5 of those died.

21. Of the 53 total aliens who perished, 27 were Mexican nationals, 20 were Guatemalan

nationals, and 6 were Honduran nationals.

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COUNT ONE
[S U.S.C. § 1324(a)(1)(AXH), (a)(1)(A)(v)(I) & (a)(1)(B)(iv)J

Paragraphs 1 through 21 of this Indictment are realleged and incorporated as though full

set forth herein.

Beginning on or about December 1, 2021, and continuing through on or about June 27,

2022, in the Western District of Texas, Southern District of Texas, and elsewhere, Defendants,

(1) HOMERO ZAMORANO JR,

(2) CHRISTIAN MARTINEZ,
(3) RILEY COVARRUBIAS-PONCE aka RRILI aka RELAY,
(4) FELIPE ORDUNA-TORRES aka CHOLO aka CHUEQUITOICHUEKITO aka

(6) LUIS ALBERTO RIVERA-LEAL aka COWBOY,

(7) ARMANDO GONZALES-ORTEGA aka EL DON aka DON GON,

and others, knowing and in reckless disregard of the fact that aliens came to, entered, and remained

in the United States in violation of law, did knowingly and intentionally combine, conspire,

confederate and agree with each other, to transport, move, and attempt to transport and move, said

aliens within the United States by means of transportation or otherwise, in furtherance of such

violation of law, and the offense resulted in the death of 53 persons, namely: 47 adults and six

children, in violation of Title 8, United States Code, Sections 1 324(a)( 1)(A)(ii), (a)(1)(A)(v)(I),

and (a)(l)(B)(iv).

COUNT TWO
[S U.S.C. § 1324(a)(1)(A)(li), (a)(1)(A)(v)(I) & (a)(1)(B)(iil)J

Paragraphs 1 through 21 of this Indictment are reaUeged and incorporated as though full

set forth herein.

Beginning on or about December 1, 2021, and continuing through on or about June 27,

2022, in the Western District of Texas, Southern District of Texas, and elsewhere, Defendants,

(1) HOMERO ZAMORANO JR.

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(2) CHRISTIAN MARTINEZ,

(3) RILEY COVARRUBIAS-PONCE aka RRILI aka RILAY,
(4) FELIPE ORDUNA-TORRES aka CHOLO aka CHUEQUITO/CHUEKITO aka
NEGRO,

(6) LUIS ALBERTO RIVERA-LEAL aka COWBOY,

(7) ARMANDO GONZALES-ORTEGA aka EL DON aka DON GON,

and others, knowing and in reckless disregard of the fact that aliens came to, entered, and remained

in the United States in violation of law, did knowingly and intentionally combine, conspire,

confederate and agree with each other, to transport, move, and attempt to transport and move, said

aliens within the United States by means of transportation or otherwise, in furtherance of such

violation of law, and the offense resulted in the serious bodily injury to or placed in jeopardy the

life of 11 persons, namely: nine adults and two children, all in violation of Title 8, United States

Code, Sections 1 324(a)( 1 )(A)(ii), (a)( 1 )(A)(v)(I), and (a)( 1 )(B)(iii).

COUNT THREE
(a)(1)(A)(v)(II) & (a)(1)(B)(iv)]
[8 U.S.C. § 1324(a)(1)(A)(ii),

Paragraphs 1 through 21 of this Indictment are realleged and incorporated as though full

set forth herein.

Beginning on or about June 25, 2022, and continuing through on or about June 27, 2022,

in the Western District of Texas, Southern District of Texas, and elsewhere, Defendants,

(1) HOMERO ZAMORANO JR.,

(2) CHRISTIAN MARTINEZ,
(3) RILEY COVARRUBIAS-PONCE aka RRILI aka RILAY,
(4) FELIPE ORDUNA-TORRES aka CHOLO aka CHUEQUITO/CHUEKITO aka

(7) ARMANDO GONZALES-ORTEGA aka EL DON aka DON GON,

and others, aided and abetted by each other, knowing and in reckless disregard of the fact that

aliens came to, entered, and remained in the United States in violation of law, did knowingly and
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intentionally transport, move, and attempt to transport and move, said aliens within the United

States by means of transportation or otherwise, in furtherance of such violation of law, and the

offense resulted in the death of 53 persons, namely: 47 adults and six children, all in violation of

Title 8, United States Code, Sections 1324(a)(1)(A)(ii), (a)(1)(A)(v)(II), and (a)(1)(B)(iv).

COUNT FOUR
[8 U.S.C. § 1324(a)(1)(A)(ii), (a)(1)(A)(v)(II) & (a)(1)(B)(iii)J

Paragraphs 1 through 21 of this Indictment are realleged and incorporated as though full

set forth herein.

Beginning on or about June 25, 2022, and continuing through on or about June 27, 2022,

in the Western District of Texas, Southern District of Texas, and elsewhere, Defendants,

(1) HOMERO ZAMORANO JR.,

(2) CHRISTIAN MARTINEZ,
(3) RILEY COVARRUBIAS-PONCE aka RRILI aka RILAY,
(4) FELIPE ORDUNA-TORRES aka CHOLO aka CHUEQUITO/CHUEKITO aka

(7) ARMANDO GONZALES-ORTEGA aka EL DON aka DON GON,

and others, aided and abetted by each other, knowing and in reckless disregard of the fact that

aliens came to, entered, and remained in the United States in violation of law, did knowingly and

intentionally transport, move, and attempt to transport and move, said aliens within the United

States by means of transportation or otherwise, in furtherance of such violation of law, and the

offense resulted in the serious bodily injury to or placed in jeopardy the life of 11 persons, namely:

nine adults and two children, all in violation of Title 8, United States Code, Sections

1 324(a)( 1 )(A)(ii), (a)( 1 )(A)(v)(II), and (a)( 1 )(B)(iii).

NOTICE OF UNITED STATES OF AMERICA'S DEMAND FOR FORFEITURE

[See FED. R. CRIM. P. 32.21

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I.
Immigration Violations and Forfeiture Statute
[Title 8 U.S.C. § 1324(a)(1)(A)(ii)/(v)(I)/(v)(II),
subject to forfeiture pursuant to Title 18 U.S.C. § 982(a)(6)(A)]

As a result of the foregoing criminal violations set forth in Counts One to Four, the United

States of America gives notice to the Defendants of its intent to seek the forfeiture of property,

including any items listed below, upon conviction and as a part of sentence pursuant to FED. R.

CRIM. P. 32.2 and Title 18 U.S.C. § 982(a)(6)(A) which states the following:

Title 18 U.S.C. § 982 Criminal forfeiture

(a)(6)(A) The court, in imposing sentence on a person convicted of a violation of, or
conspiracy to violate, section 274(a). . . of the Immigration and Nationality Act.
shall order that the person forfeit to the United States, regardless of any provision of
Statelaw
(i) any conveyance, including any vessel, vehicle, or aircraft used in the
commission of the offense of which the person is convicted; and
(ii) any property real or personal
(I) that constitutes, or is derived from or is traceable to the proceeds obtained
directly or indirectly from the commission of the offense of which the person is
convicted; or
(II) that is used to facilitate, or is intended to be used to facilitate, the
commission of the offense of which the person is convicted.

This Notice of Demand for Forfeiture includes but is not limited to the following.

1. 1995 Phoenix Ultra refrigerated trailer, VIN 1UYV52530SU244808.

A TRUE BILL

FOREPERSON OF THE GRAND JURY

JAIME ESPARZA

BY:

FOR SARAH SPEARS

FOR AMANDA BROWN
Assistant United States Attorneys