MyRGV, Los Fresnos bakers seek acquittal on harboring conviction
Attorneys representing the owners of Abby’s Bakery in Los Fresnos filed a motion for acquittal nearly two weeks after their clients were found guilty on all charges for harboring people in the country illegally. Sergio Villarreal and Cesar de Leon, who represent Leonardo Baez and Nora Alicia Avila-Guel respectively, filed the motions on Aug. 26. Both attorneys are arguing that the U.S. government failed to provide evidence that the defendants willfully engaged in an agreement to harbor individuals who were not authorized to be in the country. They also claim that the government failed to prove that Baez and Avila-Guel attempted to conceal those individuals. “The evidence adduced at trial in this case was woefully insufficient on the key elements of the Defendants’ intent to willfully join in the conspiracy alleged in the indictment and to harbor, as charged in Counts II and III of the Indictment, in order to prove their guilt beyond a reasonable doubt.,” the motion reads. The attorneys cited the deposition of two material witnesses, identified as Gerardo Emmanuel Sanchez-Martinez and Roberto Ibarra-Otero, who each denied entering into any agreement with the bakery owners, nor were they instructed to avoid immigration officials while living in Suite No. 5, which is located on the same property as the bakery at 417 W. Ocean Blvd. Unit 2 in Los Fresnos. Sanchez-Martinez and Ibarra-Otero were two of the eight individuals employed by Abby’s Bakery who were arrested by HSI special agents on Feb. 12. The six other individuals held temporary visas. However, those visas did not permit them to work in the United States. Sanchez-Martinez and Ibarra-Otero were undocumented. Baez and Avila-Guel were arrested on Feb. 19. They were each charged with one count of conspiracy to harbor people in the country illegally, and two counts of harboring or attempting to harbor them. With the guilty verdicts, both owners — who are legal permanent residents — could face more trouble as their status in the U.S. is potentially at stake. “The record shows no agreement, no knowledge or intent, and no concealment or substantial facilitation, as both material witnesses expressly denied that (Baez and Avila-Guel) engaged in or furthered any unlawful conduct,” the motion reads. “Their testimony establishes open and public living conditions inconsistent with ‘harboring,’ and the Fifth Circuit has made clear that mere shelter does not satisfy the statute,” the motion continued. “With no evidence of an agreement, no evidence of willful participation, and no evidence of concealment, the government’s case rests on speculation, which cannot constitutionally sustain a conviction. Counts 2 and 3, as well as the derivative conspiracy in Count 1, are therefore legally insufficient, and judgment of acquittal must be entered.” A sentencing hearing is scheduled for Nov. 18 as both defendants will remain on bond.
ValleyCentral, Abby’s Bakery owners face judge Friday
LOS FRESNOS, Texas (ValleyCentral) — The owners of Abby’s Bakery in Los Fresnos, Texas appeared in court Friday where they were issued bonds for their alleged crimes of harboring illegal people. As reported Thursday, Leonardo Baez and Nora Alicia Avila-Guel identified themselves to authorities as the owners of Abby’s Bakery and were charged after eight people present in the country illegally were found at their business on Feb. 12. They were charged with harboring people illegally present in the U.S. and aiding and abetting the harboring, according to a criminal complaint. On Friday, Baez and Avila-Guel went before Cameron County Judge Laura L. Betancourt and were issued respective bond amounts of $100,000. Before their bonds were set, a Homeland Security Investigations special agent took the stand during their preliminary examination hearing to state the facts of the case and what he saw at the Los Fresnos bakery that day. The agent testified that HSI was tipped off about the harboring through its HSI tip. They received a call regarding the business owners employing and harboring illegal immigrants at their bakery and not paying them. The tip also included claims that potential minors were employed at the location. The caller was not compensated and was not present during the ICE raid. As previously reported by ValleyCentral, the raid took place at Abby’s Bakery and Dulce’s Cafe, two restaurants housed in one building at 1417 West Ocean Blvd. Los Fresnos, Texas. The agent also testified that Baez and Avila-Guel admitted to hiring both people illegally present in the U.S. and B1/B2 visa holders who are unauthorized to work in the U.S. B1/B2 visa holders have the right to be in the U.S. but do not have the right to work. The bakery owners allegedly told authorities that they knew this would happen one day and that they would be discovered. The agent who took the stand stated that the migrants were being housed in the same plaza as the bakery and the cafe in Unit 5. When they entered, they found two people present in the country illegally in a narrow small rectangular room with approximately six beds along the walls, an AC unit, one shower room, one restroom and no kitchen. Additionally, he said all of the windows in the room were boarded up with cardboard and tin foil. The agent stated that the people living there did have clothing in the room. The two people found in the room identified Baez and Avila-Guel as the individuals who harbored them in the U.S. Of the eight, the other six individuals were B1/B2 holders who stated they were being paid $8 an hour at Abby’s, 75 cents above the minimum wage in Texas. Those six individuals had their B1/B2 visas revoked and were deported to Mexico, according to the agent. A video that was circulating on social media from the raid alleged that ICE agents were arresting people who were coming to the bakery to buy bread. The agent on trial stated that that was false information and that no one who was not part of the investigation was asked for their immigration documents or their status in the United States. The agent stated that the person seen being taken into a truck in the video was someone who had a warrant out for their arrest. Judge Betancourt stated she found probable cause to believe Baez and Avila-Guel had violated the law. The judge stated that the bakery can remain open and that the owners are permitted to work as long as they do so legally.