Cuban national indicted for assaulting officer during smuggling attempt
CORPUS CHRISTI, Texas – A federal grand jury has returned an indictment against a 32-year-old man who resided in Austin for assaulting, resisting or impeding officers and unlawful transportation of undocumented aliens, announced U.S. Attorney Ryan K. Patrick.
Brenli Lescaille-Durand is charged with two counts of unlawful transportation of undocumented aliens by means of a motor vehicle and two counts of assaulting, resisting or impeding certain officers or employees.
On Aug. 18, Lescaille-Durand allegedly drove to an area along U.S. Highway 281 and picked up multiple individuals from Mexico and Honduras illegally present in the United States. The charges allege he then drove just north of the Falfurrias Border Patrol (BP) checkpoint. Law enforcement attempted to pull him over but he, along with five occupants, fled the vehicle into the brush, according to the charges.
Authorities were able to ultimately apprehend Lescaille-Durand, but he had allegedly assaulted two of them while resisting arrest. The charges allege he punched, kicked and struck them with an object while attempting to flee.
If convicted, he faces a maximum of five years in federal prison for alien transporting and up to eight years for the alleged. Each count also carries a possible $250,000 fine.
BP and FBI conducted the investigation. Assistant U.S. Attorney Christopher Marin is prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.