A former federal prosecutor noted that Kilmar Abrego Garcia might face charges eligible for the death penalty if the government gathers sufficient evidence linking him to an incident resulting in the deaths of 50 migrants.
Earlier this month, a grand jury in Tennessee indicted Abrego Garcia on charges of alien smuggling and conspiracy. According to the indictment, Abrego Garcia played a “significant role” in an extensive human smuggling operation active for almost a decade.
At a news conference, Attorney General Pam Bondi characterized Abrego Garcia as a full-time smuggler who completed over 100 trips across the U.S., transporting MS-13 gang members, children, and women.
According to the indictment, Abrego Garcia and several co-conspirators are accused of working together to transport illegal immigrants from El Salvador, Guatemala, Honduras, Ecuador and Mexico to the U.S. for “profit and private financial gain.”
Kilmar Armando Abrego Garcia is seen in a car during a traffic stop. (Tennessee Highway Patrol)
“If the Justice Department can prove that Abrego Garcia was involved in the alien smuggling death, even though the death occurred in Mexico, as long as the intention was to bring those individuals to the United States, that may appropriately be a death penalty case,” he added.
Rahmani said the deaths wouldn’t need to be intentional for federal prosecutors to bring up death-penalty-eligible charges.
This undated photo provided by Murray Osorio PLLC shows Kilmar Abrego Garcia. (Murray Osorio PLLC via AP)
“Prosecutors don’t have to prove that Abrego Garcia intended to cause any injuries or even intended to hurt anyone. As long as they can show that he intended to smuggle people into the United States and a death resulted, that’s enough,” Rahmani said.
“Prosecutors just have to prove knowledge and intent of the smuggling operation as well as causation. The death resulted therefrom. That’s enough for a death penalty case.”
Rahmani said that being a co-conspirator makes people criminally liable for conduct during the crime, but noted that prosecutors don’t typically seek the death penalty in instances like this.
Fox News Digital reached out to the DOJ and Abrego Garcia’s lawyer for comment.
