Mexico Trucker Online

The first of three Texas National Guardsmen involved in an illegal immigrant smuggling conspiracy that unraveled in June was sentenced Friday to 38 months in prison and 120 hours of community service upon his release.Sgt. Clarence Hodge Jr., 36, of Fort Worth, was in tears at times, shaking and lowering his head after looking back at his family and Delta Airlines co-workers who sat in U.S. District Judge George P. Kazen’s courtroom.

Hodge pleaded guilty in August to aiding in the smuggling ring by waving a van through a checkpoint at least a half-dozen times. The van, driven by Pfc. Jose Rodrigo Torres, was filled with as many as 24 undocumented immigrants at a time.

Torres and Sgt. Julio Cesar Pacheco, both Laredoans, also pleaded guilty in August to conspiring to smuggle undocumented immigrants. They have not been sentenced.

“They’re here, sent here by the president, supposedly to beef up the border, show the locals how to do it,” Kazen said in court Friday. “They become the problem.”

Standing beside Hodge in court was Pacheco’s sister’s boyfriend, Jerry Zuñiga, who was sentenced to 36 months in prison and 120 hours of community service for his involvement in the case.

Zuñiga’s house, located in the 4000 block of Totem Pole Lane, was used as a staging area to load the undocumented immigrants into a National Guard-leased van before they were taken by Torres to either various houses in Cotulla or hotels in San Antonio. He was also a scout for Torres as he drove the immigrants north of Laredo.

Luisa Pacheco, Zuñiga’s live-in girlfriend and Pacheco’s sister, has pleaded guilty to a misdemeanor charge in the case for aiding the undocumented immigrants at her home. She has not been sentenced yet.

During the hearing Friday, Hodge’s attorney, Homero Martinez, objected to the recommended sentence, saying his client played a lesser role than the one the U.S. Probation and U.S. Attorney’s offices claimed, but Kazen interrupted to clarify that Hodge, in fact, played a key role.

“Don’t minimize it. It couldn’t have worked any other way,” Kazen said, adding the “fleet” of immigrants could not have made it through the inspection station on Interstate 35 without Hodge letting the van pass. “They had to have a traitor on the inside.”

Martinez also said Hodge was unaware of the number of immigrants being taken north of Laredo, thus he deserved a lesser sentence.

Assistant U.S. Attorney Mary Ellen Smyth later refuted that point by reading text messages that circulated among the trio of guardsmen, which specified the number of immigrants being transported each trip.

“You dance with the devil, that’s what happens,” Kazen said. “There’s no doubt they were bringing hordes of aliens.”

Hodge’s wife of 13 years, who refused to give her name after the hearing, emotionally addressed the court, asking for mercy and pleading with the judge that the couple’s two children have been confused in the absence of Hodge.

“This has tore us up,” she said.

While Kazen was sympathetic to the grief Hodge’s family is enduring, he said they must cope with it and “keep the faith.”

“I’m not trying to be facetious here. I guess you just have to pretend for a little while … that he got shipped to Iraq,” Kazen said. “At least we’re not going to be bombing and blowing him up here.

“When he gets out, he’ll start life anew,” Kazen added.

When Hodge pleaded with the judge, he tried to explain that he was merely trying to help a friend, Torres, whose family was in need.

“I wanted him to know I was in his corner,” Hodge said, adding that he didn’t do it for the money.

To that, Kazen said, “Listen to what you’re saying: ‘I feel sorry for these guys so I thought I would let them violate the law a few times.’ ”

Smyth also read text messages that prove Hodge and the others involved were indeed concerned about the cash. One particular message involving Hodge referenced an $8,000 payment and asked whether that was for each guardsman or split three ways.

Hodge admitted that he has disgraced the country, his family and the military command.

“I know I screwed up, your honor,” he said. “I just ask you, have mercy on me.”

Briefly before announcing the sentences, Kazen reasoned through his decision aloud and ensured each defendant understood his situation.

“I’m sure it was fun while it lasted,” Kazen said. “Now’s the time to pay up.”

Zuñiga commented after the hearing only to say his sentence was fair.

Two National Guard majors were also at the hearing to observe so they can report to their superior.

Maj. Milton Henderson said the military has yet to decide whether there will be a court martial, administration separation or no action regarding the guilty Guardsmen. Hodge’s eight-year term with the National Guard ended on Jan. 15. He had served 20 years in the military.