Former officer's claim disputed by assistant U.S. attorney

September 10, 2008 - 9:28 PM

Assistant U.S. Attorney William Hagen disputed Tuesday former Palm Valley police officer Ramon Martinez's claim that he would not be arrested and prosecuted for allegedly dealing in weapons.
Martinez, 37, claims that Special Agent Jimmy Brigance with the Bureau of Alcohol, Tobacco, Firearms and Explosives told him that he was a cooperating witness and would not be arrested.
Martinez is seeking the dismissal of a federal indictment alleging he bought firearm parts to build assault rifles. Martinez also seeks to suppress statements he made to Brigance and others.
Former Rio Hondo police officer Armando Dueñez also was named in the indictment. A warrant was issued for his arrest in August after he skipped a court date. Martinez is free on a $75,000 unsecured bond.
Hagan said that meetings were held between Martinez and Brigance, including two at the Palm Valley Police Department and one with State Rep. Rene Oliveira, D-Brownsville, who then-represented Martinez.
"(At one meeting) Oliveira asked if the defendant might receive probation," Hagan writes in a response to Martinez's motions. "Oliveira was told he would have to speak with the Assistant United States Attorney assigned to the case. It is clear from this discussion that the defendant was aware that he would be prosecuted."
Hagan said he has discussed potential plea bargains with Martinez's attorneys.
"I explained that the illegal sale of assault weapons by a police officer was a very serious matter and that any plea bargain would include a felony conviction and incarceration in prison," Hagan stated.
The court has not yet ruled on Martinez's motions.