U.S. Senators John Cornyn, R-Texas, and Chris Coons, D-Delaware, on Tuesday introduced a bipartisan bill to protect federal officers and employees serving overseas.
The Jaime Zapata and Victor Avila Federal Law Enforcement Protection Act will ensure individuals who have killed or attempted to kill U.S. federal officers and employees abroad can be brought to justice and prosecuted in the United States, the bill states.
Cornyn initially filed the bill in May of 2020 after the D.C. Circuit Court of Appeals’ in January of 2020 vacated the murder convictions of Jose Emanuel Garcia Sota, aka “Zafado,” and Jesus Ivan Quezada Pina, aka “Loco,” who were convicted of murdering Zapata
Zapata, an Immigration and Customs Enforcement agent and Brownsville native, was killed Feb. 15, 2011, at a roadblock near San Luis Potosi, Mexico, in an attack by suspected members of the Zetas drug cartel. Agent Avila was wounded in the attack.
Although the men accused of killing Zapata were found guilty and received life sentences, their murder convictions were vacated and remanded to a lower court because they were killed outside the United States.
A portion of the court ruling states “Because we vacate the defendants’ convictions under 1114, we remand their case for a limited resentencing in which the district court may determine whether to modify its sentence in light of our vacatur.”
“U.S. law enforcement officers sacrifice their own safety for their fellow Americans, regardless of where they don their uniform,” said Cornyn, in a press release. “This bill sends an important message to our protectors that we recognize your service and we have your back.”
Coons said, “This bill provides an important clarification to federal law and will help ensure that we hold accountable those who attack federal officers overseas. I look forward to working with Sen. Cornyn to get this bill enacted into law.”
Authorities said Zapata struggled with his assailants as they tried to drag him out of the vehicle. Zapata was shot at least three times with the bullets going through the car window that had accidentally been cracked open. Authorities said 83 spent casings from AK-47 bullets were found at the scene.
One of seven defendants in the case reportedly told Mexican authorities that Zapata’s death was a case of mistaken identity. He and others believed the Suburban in which Zapata and Avila were riding belonged to a rival drug cartel.
Additional cosponsors of the bill include Sens. Chuck Grassley (R-IA), Senator Patrick Leahy (D-VT), Tom Cotton (R-AR), Sheldon Whitehouse (D-RI), and Josh Hawley (R-MO). U.S. Representatives Steve Chabot (OH-01) and Michael McCaul (TX-10) have introduced companion legislation in the House of Representatives.
