The Town of Columbus, N.M.
One of three Columbus village officials charged last week with being part of an illegal firearms trafficking ring says the federal charges against him are “politically motivated.”
“Make no mistake that these charges are politically motivated,” C.J. McElhinney, the attorney for Blas Gutierrez, said in a news release. “Any citizen that engages in a private sale of a firearm could find themselves in the same position that Mr. Gutierrez currently faces. This is especially true for those that live near the U.S.-Mexico border.”
“Mr. Gutierrez is presumed innocent and intends to vigorously defend against the charges now pending against him,” he said.
Gutierrez was charged Friday along with 10 others, including the Columbus mayor and police chief, with being part of a trafficking ring that was allegedly smuggling firearms into Mexico. Gutierrez is facing 37 counts including one count of conspiracy, 17 counts of making false statements in connection with the acquisition of firearms, and 19 counts of firearms smuggling.
The charges of conspiracy and making false statements each carry a maximum prison sentence of five years. The smuggling charges each carry a maximum sentence of 10 years. Each charge carries a maximum fine of $250,000.
Gutierrez’s sister and cousin were also charged in the case. Most of the defendants are scheduled to be arraigned on Tuesday.
Read the full indictment here.
No allegation that firearms were used in crimes
McElhinney said it’s “important to note” that, of the approximately 200 firearms the U.S. attorney alleges the group purchased, only 12 were recovered in Mexico, and of those, only three were “directly tied to firearm purchases made by Mr. Gutierrez.”
“There is not one allegation that any of these firearms were used to commit a crime either in the United States or the Republic of Mexico,” McElhinney said. “Not one defendant named in the March 8th indictment is alleged to have personally transported firearms into the Republic of Mexico. Not one defendant named in the indictment is alleged to have personal knowledge of any firearm being transported to the Republic of Mexico.”
He pointed to a recent situation in which federal law enforcement agents are alleged to have knowingly allowed illegal trafficking of weapons into Mexico. Agents allegedly allowed the weapons to be sent to Mexico to try to track them to cartel bosses, and McElhinney pointed out that “some of those firearms were involved in the shooting death of U.S. Border Patrol Agent Bryan Terry” in December.
“The U.S.-Mexico border is a hot button topic which has been politically manipulated by politicians for years,” McElhinney said. “Those in power seek to maintain the appearance of tackling the violence which has beset the region, especially given the recent developments with Operation Gunrunner and Operation Fast and Furious.”
McElhinney’s full statement
Here’s McElhinney’s full statement:
“As a village trustee for Columbus, New Mexico, Blas Guttierez is a prominent citizen of his community. Mr. Guttierez is married and the father of three young children. He has no criminal record. He has resided in Columbus, New Mexico for approximately twenty-five years.
“It is important to note that over two hundred firearms are described in the March 8th indictment. According to the government’s allegations, only twelve were located in the Republic of Mexico. Of those twelve firearms alleged to have been found in the Republic of Mexico, only three are directly tied to firearm purchases made by Mr. Guttierez. There is not one allegation that any of these firearms were used to commit a crime either in the United States or the Republic of Mexico. Not one defendant named in the March 8th indictment is alleged to have personally transported firearms into the Republic of Mexico. Not one defendant named in the indictment is alleged to have personal knowledge of any firearm being transported to the Republic of Mexico.
“It is not illegal for a U.S. citizen to purchase a firearm and then resell it to another U.S. citizen so long as the seller has no knowledge that the person to whom he is selling the firearm is not legally permitted to own or possess the firearm. There are no allegations that Mr.Guttierez had any knowledge that any firearms that he may have sold were to persons who were not legally permitted to own or possess firearms. It is also not illegal to purchase multiple firearms at a time and resell those firearms. Mr. Guttierez filled out the appropriate paperwork to purchase the firearms and knew that the transactions were being recorded.
“Recently, the only persons or entities known to have been complicit in the transportation of firearms into the Republic of Mexico were agents of the Bureau of Alcohol Tobacco and Firearms and the United States government itself, as described in the March 5th article in the Arizona Republic regarding Operation Gunrunner and Operation Fast and Furious, in which federal agents knowingly permitted over 1,500 firearms to be illegally moved into Mexico. Unfortunately, it has been determined that some of those firearms were involved in the shooting death of US Border Patrol Agent Bryan Terry on December 14, 2010. By permitting those weapons to enter the Republic of Mexico, the United States government was complicit in the death of its own law enforcement officer. See http://www.azcentral.com/arizonarepublic/news/articles/2011/03/05/20110305atf-mexican-gun-smuggling-sting-scrutinized.html
“The U.S.-Mexico border is a hot button topic which has been politically manipulated by politicians for years and those in power seek to maintain the appearance of tackling the violence which has beset the region, especially given the recent developments with “Operation Gunrunner and Operation Fast and Furious. Make no mistake that these charges are politically motivated. Any citizen that engages in a private sale of a firearm could find themselves in the same position that Mr. Guttierez currently faces. This is especially true for those that live near the U.S.-Mexico border. Mr. Guttierez is presumed innocent and intends to vigorously defend against the charges now pending against him.”