A Brownsville man who struck an immigrant teen while working for Customs and Border Protection will not be facing jail time but was instead sentenced Thursday to home confinement followed by a long probation.
“Sufficient but not greater than necessary” — that phrase was used a few times by U.S. Magistrate Judge Nadia S. Medrano as she considered the facts before her in the case of Gregson Martinez.
Martinez was hired by U.S. Customs and Border Protection as a processing coordinator sometime last year. CBP began employing processing coordinators in 2021 to relieve Border Patrol agents from processing duties and allow them to return to enforcement work in the field. The first class graduated in April of the same year.
Processing coordinators undergo training lasting 36 days in which they learn how to receive and document information of migrants in their custody, among other duties.
After completing his course, Martinez worked at the Donna Processing Center.
On July 21, 2021, an Honduran migrant arrived at the center after he was stopped by Border Patrol agents near Hidalgo, according to a news release.
Martinez was tasked with taking information from him. The Honduran migrant who stood 6 feet, 1 inch tall claimed to be a 17-year-old who came alone into the country. Under U.S. law, migrants who are minors and who come into the country on their own are subject to a different immigration process than those who enter with their families or as adults.
Martinez was doubtful of the age and pressed the young man, as a zealous employee might, his attorney, Reynaldo M. Merino, argued before the court.
The migrant minor repeatedly said he was 17 years old and presented paperwork. He sat before Martinez surrounded by other migrants under federal custody. While under further scrutiny, the migrant man looked away. Merino said that’s when his client, Martinez, struck the young man’s face, though it was not a “full back-swing.”
No injuries were reported, the government attorney said.
One of Martinez’s colleagues saw the incident and reported him. Martinez was arrested for three days after being charged with depriving someone of their civil rights. He was then released on bond.
“We agree that this shouldn’t have happened,” Merino said, adding, “there’s no excuse for it.”
Martinez agreed.
“I would like to apologize to the kid. I lost my temper that day. I lost my cool,” Martinez told the judge and court. The Honduran migrant was not present. “It was always my intention to take responsibility for it.”
The apologies extended to his son, who shares his same name, and his wife, who was present in the courtroom and holds the same position he did with CBP.
Martinez was fired from his job on Aug. 2, 2021, but during the time he was working with the government he was taking prescription steroids and drinking on nights after work.
Judge Medrano considered his lack of criminal history and determined his behavior was inconsistent with his character. However, the government and the judge agreed the behavior needed to be punished since it was an abuse of power and an act committed when he was a public official.
Martinez faced a maximum of one year in jail, which the judge felt was “excessive.” Instead, she considered a six-month sentence.
Judge Medrano factored the nature and circumstance of the offense including no physical injury and the lasting effects of a sentence on a man repentant of his actions.
“He did lose his job and respect,” the judge said.
Silence filled the courtroom as the judge deliberated and questioned aloud the lack of clarity on the guidelines normally used to sentence a defendant for such a crime.
Martinez was sentenced to six months of home confinement with GPS monitoring, though he will be allowed to go to work as a diesel technician apprentice. He faced no fine, but will be required to attend programs to help with anger management, treat his mental health and address an alcohol dependency problem.
After the confinement period is over, Martinez will be placed on probation for five years.
“It’s a serious offense,” Medrano said. “My hope is that this affords you the opportunity to learn from what happened.”
