Former police officer seeks dismissal of federal charges

Former Palm Valley police officer Ramon Martinez is seeking dismissal of the federal indictment against him, alleging that an ATF special agent reneged on assurances that he would not be arrested.

"I was shocked," Martinez, 37, said in an affidavit of his July arrest on charges that he and former Rio Hondo police officer Armando Dueñez bought firearm parts to build assault rifles.

Martinez faces four counts of conspiring to deal in firearms without a license, dealing in firearms without a license and two counts of making a false statement in the purchase of a firearm. He is free on a $75,000 unsecured bond.

The first charge again Martinez carries a five-year prison term, and the remaining three counts each carry a 10-year prison term and/or a $250,000 fine if convicted.

Dueñez failed to appear in federal court in early August and a warrant was issued for his arrest.

Martinez outlines his claims in the U.S. District Court for the Southern District of Texas.

Martinez maintains that he met with "ATF (Bureau of Alcohol, Tabacco, Firearms and Explosives) special agent Brigdance" several times.

Brigdance reportedly told Martinez that he had him on 27 felonies. Brigdance gave Martinez his Miranda warnings.

Martinez claims that he told Brigdance that he had done nothing wrong and was willing to cooperate with Brigdance's investigation.

"We discussed what had happened. I agreed that I would cooperate undercover with his investigation in order to gain evidence on another person whose name I will reveal if I am asked in court," Martinez stated.

"Brigdance assured me that I would not be arrested. I told Brigdance that I knew how it worked; he would have someone else arrest me. Brigdance told me ‘cop to cop' that I would not be arrested and that I was a cooperating witness. We planned how we would proceed with the investigation. I gave Brigdance a written statement," the affidavit states.

Martinez maintains that he spoke with Brigdance on a later date and again was assured that he would not be arrested. "The undercover investigation was aborted when the suspect was arrested by another agency," Martinez states. Martinez said he met with Brigdance another time at an attorney's office and again discussed what he knew.

Martinez's attorney Dale Robertson states in court records that the government breached the agreement that Martinez would not be prosecuted.

The government has not responded to the allegations.