A federal magistrate in San Antonio today dismissed material witness warrants which had held 22 surviving victims of a deadly human smuggling operation in custody so they could provide testimony against the driver of a tractor trailer where ten undocumented immigrants were found dead in San Antonio in July, News Radio 1200 WOAI reports.
Magistrate Elizabeth Chestney agreed to a request by Assistant U.S. Attorney Christina Playton that holding the immigrants for further testimony was ‘no longer required.’
The immigrants were being held to provide testimony against James Bradley, 60, who is facing the potential death penalty. Prosecutors say he was driving an un air conditioned 18 wheeler that was found in a San Antonio parking lot July 23rd. A total of 39 people were found inside the truck when police arrived, and ten people were either found dead inside the truck or died later due to sweltering conditions inside the truck, which had transported them from Laredo to San Antonio, a three hour journey in ninety degree temperatures.
Testimony indicates that at one point, as many as 180 people may have been packed into the trailer. Others either ran away or were picked up by other members of what is believed to be a smuggling gang before authorities arrived on the scene.
Bradley has pleaded not guilty and told investigators, according to an affidavit, that he didn’t know the people were inside his truck.
Jonathan Ryan, a San Antonio civil rights attorney who has provided legal advice to the immigrants, says the action was long overdue.
“They have the same priorities as law enforcement, to see that justice is done,” Ryan said. “Remember, these are not just witnesses to this crime, these are the victims of this crime.”
Ryan says many of the witnesses have provided statements and depositions to prosecutors, and holding them was no longer necessary. The witnesses, all of whom are believed to be undocumented immigrants, will now be turned over to immigration officials for possible deportation.
“They have already provided much information, they have sat through interrogations and interviews,” he said. “Some have already provided evidence to the court.”
Public video depositions in the case which had been scheduled for two days later this week have been cancelled. A trial date for Bradley will now be set.