Jury convicts man of killing Border Patrol agent
By ELLIOT SPAGAT, Associated Press
Apr 12, 2011 9:19 PM CDT

Federal jurors in San Diego have convicted a Mexican man of murder in the killing of a U.S. Border Patrol agent with a drug-laden vehicle.

Jurors deliberated for just two hours Tuesday before convicting Jesus Navarro. The 25-year-old Mexicali resident was also found guilty of conspiring to distribute marijuana in connection with the death of Border Patrol Agent Luis Aguilar in California's Imperial Sand Dunes in January 2008.

Navarro faces maximum sentences of life in prison for murder and 40 years in prison on the drug charge. U.S. District Judge Michael Anello scheduled sentencing for June 27.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

Jurors began deliberating Tuesday whether to convict a Mexican man of killing a Border Patrol agent by running him over with a drug-laden Hummer as a defense attorney questioned the credibility of drug smugglers' testimony and the reliability of witnesses who identified the driver.

Jesus Navarro, 25, testified during the two-week trial that he wasn't even in the Hummer that killed Agent Luis Aguilar in January 2008 after the agent laid spike strips at a popular campground in California's Imperial Sand Dunes. He also claimed he was forced to confess to the crime under interrogation by Mexican officials.

David Leshner, an assistant U.S. attorney, told jurors during his closing argument that if they accepted Navarro's version of events, "you'd have to believe he is a victim of an international conspiracy to frame him."

Navarro, of Mexicali, is charged with second-degree murder and conspiracy to distribute marijuana in connection with the death of Aguilar, 32, who was patrolling an area where drug smugglers try to mix in with throngs of dune buggy enthusiasts. If convicted of murder, he faces a maximum sentence of life in prison.

Navarro pleaded guilty last month to a marijuana smuggling attempt at the same campground less than four months before Aguilar died. In September 2007, he fled to Mexico in a Border Patrol vehicle after he and a companion were caught with nearly 1,000 pounds inside their Toyota Tacoma. As the agents waited outside, the suspects seized their vehicle and drove it through the dunes to Mexico.

The stolen Border Patrol vehicle figured prominently in the trial. Defense attorney David Bartick said Navarro was "basically expelled" from his drug smuggling organization because of the unwanted publicity he brought.

"At this point, he was essentially a burned individual who could no longer be used by the organization," Bartick said during his closing argument. "At this point, the heat was on."

Prosecutors said there was no evidence to support that claim and highlighted testimony of Navarro's alleged collaborators to argue that he remained an active smuggler. Macedonio Guerrero testified that he loaded the Hummer with drugs for Navarro to drive across the border on the attempt that killed the Border Patrol agent. Guerrero pleaded guilty in January to a drug charge in connection with that attempt.

Eyewitnesses identified Navarro as the driver in photos after the killing, but Bartick said their findings were tainted because a photo of Navarro from a previous immigration violation was already widely circulated. Bartick also noted that one eyewitness described the driver as much heavier than Navarro and with lighter hair.

Navarro was arrested in Mexico days after Aguilar's killing and, according to prosecutors, confessed to driving the Hummer that killed him. He was held in Mexico on unrelated smuggling charges but released in June 2008 after a judge cleared him.

His release initially drew an angry reaction from U.S. officials, but Mexico said it never received an extradition request. Navarro was caught again in February 2009 near the Mexican resort town of Zihuatenejo and extradited to face charges in San Diego.