Judge frees and removes robbery charges against United States ex Marine

Translated by Otis B Fly-Wheel for Borderland Beat from a Zetatijuana article

Subject Matter: James Tyler Yeager
Recommendation: No prior subject matter knowledge required

Reporter: Ines Garcia Ramos
The Judge Leticia Larranga Vizcarra set free the ex Marine from the United States, James Tyler Yeager, who was detained on 23rd of April by the Federal Police after breaking into a house in the Fraccionamiento San Antonio del Mar in Tijuana armed with a shotgun, to rob the owner of his wallet and tape recorder.

In a hearing held on Sunday afternoon, April the 30th, Judge Leticia Larranga Vizcarra determined that there were mitigating circumstances because it could not be proven that the American understood the reason for his arrest, since no translator was provided for him.

For this reason, which was considered a violation of his human rights, the charges of robbery with violence were withdrawn.




Although a representative of the PGJE stated that on the day of Yeagers arrest, the United States Consulate in Tijuana was informed of the fact, the Judge considered that the PGJE did not provide a translator.

In the criminal file, several persons who act as translators in various proceedings were registered o, but in his statement, the American assured that he did not understand what was explained to him in English and signed the documents which affirmed that he understood the charges against him, to expedite the process and return home.

In turn, his legal defence argued that since there were no translators or certified experts, there was no way to verify that a creditable translation was made to him.

Yeager was identified by neighbors of the sub division location on the Tijauana - Rosarito as the person responsible for more than ten assaults and had been captured on security cameras when entering homes, as the residents themselves had reported.

His Lawyer, Fernando Benitez, who defended Jorge Hank Rhon in 2011, when he was detained with an arsenal of weapons, and recently led the defence of Andrew Tahmooressi, another former Marine detained when he entered Tijuana with guns and ammunition from the United States in 2014.

Earlier the American had received a Lawyer from the Public Defenders Office, but according to the Lawyer himself, he was contacted by the Producer of a US program called Montel, a talk show conducted by Montel Williams a former veteran, to represent Yeager.

On the advice of his advocate, Yeager took the hearing which lasted three hours. He spoke with a translator at his side, he was beaten by men his believes were Police as they wore uniforms and name badges and they placed a black bag over his head, as they handed him over to Federal Police patrol.

However, this statement was not submitted by his Lawyer Benitez, who focused his allegations on the lack of a translator present and the fact that the American said he did not understand why he was arrested or what his rights were.

Benitez said that Yeager had lived in a state of destitution, did not have a fixed address and the detainee himself said he did not have a job or any source of income. For days, one of his ID photographs circulated between residents of San Antonio del Mar, who had even had meetings with the PGR and Municipal Police in Tijuana to request the arrest of the American.

According to the integrated Police report, on Sunday 23rd of April at 14:00 a man requested the intervention of Federal Police agents who were travelling on the Tijuana-Ensenada highway because a man had entered his home with a shotgun and stolen personal items.

At that moment, the officers saw a man running out of the house with a gun in one hand, which he threw as he ran, the caught up with him some minutes later. Both the victim of the robbery and the officers said they saw how fell on two occasions, causing him head injuries.

The Judge did not dismiss the preliminary data provided by the Attorney General, such as the  statement of the officers and the statement of the victim of the robbery, but only focused on the release of the accused in the lack of guarantees with the time at their disposal.

In addition the American faces charges of domestic violence in Montana, from whence he originates. Upon being reviewed by a physician of the PGJE, Yeager admitted having taken crystal meth.

The former Marine is expected to be released in the next few hours, but since he is undocumented in Mexico, he could be deported to the United States by the National Institute of Migration.

Original article in Spanish at Zetatijuana