A 39-year-old Mexican national by the name of Melecio Lopez-Hernandez was sentenced to more than five years in jail for attacking a Border Patrol agent. According to Lopez-Hernandez's defense team, the illegal alien was startled when the Border Patrol agent approached. He attached the agent because he thought the guy was a cow, KVEO-TV reported.
Lopez-Hernandez was attempting to illegally cross the border when a Border Patrol agent spotted him. The agent attempted to apprehend the illegal alien, at which point the two struggled. Lopez-Hernandez managed to get ahold of the agent's flash light that was clipped onto the agent.
When the agent attempted to apprehend Lopez-Hernandez, he took the flashlight that was attached to the agent's vest. He threatened the agent and before striking him over the head with the flashlight.
Court records revealed the incident took place on February 7, 2019. A records check revealed a previous deportation in August 2017. Additional court records show the man was also deported in December 2005 after being apprehended in Duval County, Texas. The Mexican national pleaded guilty to illegal re-entry after removal and the court sentenced him in October 2016 to 21 months in federal prison. Immigration officers removed him again to Mexico on August 28, 2017.
At trial, the defendant’s attorneys attempted to convince the court that Lopez-Hernandez did not mean to assault a Border Patrol agent. Instead, they claimed Lopez-Hernandez mistook the agent for a cow. “The judge was not persuaded,” KVUE reported.
If the migrant had been convicted again for illegal re-entry after removal, a federal felony, he could have received up to 20 years in prison.