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7 UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA, Case No.
10 '191J9to4
11 Plaintiff, COMPLAINT FOR VIOLATION OF
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v. Title 8, U.S.C., Section 1324(a)(l )(A)(ii)
13 Transportation of Illegal Alien (Felony)
Christopher Brian EGBERT,
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15 Defendants.
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18 IJ The undersigned complainant being duly sworn states:

19 11 On or about June 2, 2019 within the Southern District of California, defendant,

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Christopher Brian EGBERT, with the intent to violate the immigration laws of the United
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22 II States, knowing and in reckless disregard of the fact that aliens,

23 Faustino CASTILLO-Victoriano,
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Fidel HERNANDEZ-Garcia,
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26 Mario MORENO-Penafort and,

27 Lucas OLEA-Galvez,
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Cristian SOTO-Hernandez
 11 had come to, entered or remained in the United States in violation of law, did transport or
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2 11 move, or attempted to transport or move, said aliens within the United States in furtherance
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"of such violation oflaw; in violation of Title 8, United States Code, Section 1324(a)(l )(A)(ii).
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6 And the complainant states this complaint is based on the attached Statement of Facts,
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which is incorporated herein by reference.
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9 "-J.....,t:.~-71~~; -~--

10 FRANK MORAGA
11 BORDER PATROL AGENT
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13 SWORN TO BEFORE ME AND SUBSCRIBED IN MY PRESENCE, TlllS

14 II 3RD DAY OF JUNE OF 2019.

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HON. RUTH BERMUDEZ MONTENEGRO
17 U.S. MAGISTRATE JUDGE
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 UNITED STATES OF AMERICA
1 v.
2 11 Christopher Brian EGBERT,

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STATEMENT OF FACTS
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5 II The complainant states that this complaint is based upon statements in investigative

6 11 reports by Border Patrol Agent (BPA) S. Swiatkowski that on June 2, 2019, Christopher
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Brian EGBERT (EGBERT), United States Citizen ·)was arrested in El Centro, California,
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9 while smuggling an undocumented alien in violation of Title 8, United States Code, Section

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10 1324.
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On June 2, 2019, United States Border Patrol Agent (BPA) Stephen Swiatkowski was
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13 performing line watch duties approximately 25 miles east of the Calexico West Port of Entry.
14 This area consists of a vast desert terrain and the All American Canal (AAC) that runs parallel
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to the United States/Mexico International Boundary Fence (IBF). The United States/Mexico
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17 International Boundary is clearly divided by a 15 foot fence. This is a common area for illegal
18 aliens to try to make an illegal entry into the United States due to the proximity of the IBF to
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Highway 98 and Interstate 8 (I-8).
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21 At approximately 7:00 a.m., BPA Swiatkowski was notified by Remote Video
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"Surveillance Systems (RVSS) Operators that seven subjects had made an illegal entry into
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the Unites States by climbing over the IBF. RVSS later advised BPA Swiatkowski that five
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25 of the subjects entered the AAC and that the other two subjects returned to Mexico. At
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approximately 6:45 a.m. RVSS observed as the five subjects approached I-8 and boarded a
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II black sedan that began travelling westbound. RVSS was able to maintain visual of the sedan
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21 II a BPA. BPA Swiatkowski ascertained through questioning that the driver of the vehicle, later

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22 identified as EGBERT, was a United States Citizen. BPA Swiatkowski was able to determine
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all the passangers of the vehicle, later identified as,
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25 Faustino CASTILLO-Victoriano (CASTILLO),

26 Fidel HERNANDEZ-Garcia (HERNANDEZ),

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Mario MORENO-Penafort (MORENO),
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 Lucas OLEA-Galvez (OLEA) and,
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2 Cristian SOTO-Hernandez (SOTO),
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" were all citizens and nationals of Mexico without the legal documents to enter or remain in
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the United States legally. At this time, BPA Clinton placed EGBERT under arrest for 8 USC
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6111324 Alien Smuggling.
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EGBERT was read his Miranda Rights. EGBERT stated he understood his rights
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11 and was willing to answer questions without the presence of an attorney. EGBERT stated
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10 he accepted an advertisement on Craigslist for a driver. EGBERT stated he was suspicious
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when he got to the location of the Craigslist ad and noticed that it was not a residence like
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13 11 most of the other rides he has given, but decided to continue with the pick up anyways.
14 11 EGBERT stated he was told to take the individuals to Los Angeles. EGEBERT stated he
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did not know how much he was going to get paid.
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17 11 Material Witnesses CASTILLO, HERNANDEZ, MORENO, OLEA and SOTO

18 II stated they were paying between $6,000.00 to $7 ,000.00 United States Dollars to be
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smuggled into the United States. Material Witnesses CASTILLO, HERNANDEZ,
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21 II MORENO, OLEA and SOTO were presented with a six-pack photographic line-up.

22 II CASTILLO, HERNANDEZ, MORENO, OLEA and SOTO were able to positively identify
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EGBERT, the smuggler who was there to pick them up.
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25 The complainant states the name of the Material Witness is as follows:

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 NAME PLACE OF BIRTH
Faustino CASTILLO-Victoriano Mexico

Fidel HERNANDEZ-Garcia, Mexico

Mario MORENO-Penafort, Mexico

Lucas OLEA-Galvez, Mexico

Cristian SOTO-Hernandez Mexico

Further, complainant states that the Material Witness is a citizen of a country other

an the United States; that said alien has admitted that she is deportable; that her testimony

material, that it is impracticable to secure their attendance at trial by subpoena; and that

eir is a material witness in relation to this criminal charge and should be held or admitted

bail pursuant to Title 18, United States Code, Section 3144.