Maryland man faces death penalty for involvement in fatal border incident

A former federal prosecutor stated that Kilmar Abrego Garcia may face charges that are eligible for the death penalty if there is sufficient evidence linking him to an incident where 50 migrants lost their lives. Abrego Garcia was formally charged with alien smuggling and conspiracy by a grand jury in Tennessee earlier this month. The indictment asserts that Abrego Garcia had a significant role in a human smuggling operation that had been ongoing for nearly ten years. Attorney General Pam Bondi described Abrego Garcia as a full-time smuggler who conducted over 100 trips around the U.S., transporting MS-13 gang members, children, and women. The indictment alleges that Abrego Garcia and his co-conspirators collaborated to facilitate the illegal transportation of immigrants from El Salvador, Guatemala, Honduras, Ecuador, and Mexico to the U.S. for financial gain. During one of these trips, a tractor-trailer carrying over 150 migrants, allegedly linked to Abrego Garcia, overturned resulting in the deaths of more than 50 migrants and numerous injuries. Former Assistant U.S. Attorney Neama Rahmani indicated to Fox News Digital that this incident could potentially lead to charges that are eligible for the death penalty if federal prosecutors decide to pursue that avenue. Rahmani explained that even if Abrego Garcia wasn't physically present during the fatal incident, being a co-conspirator could still make him subject to such charges. Rahmani emphasized that prosecutors do not need to show intent in causing harm for death penalty-eligible charges, but rather intent in the smuggling operation and the resulting deaths. He noted that prosecutors typically do not seek the death penalty in cases like this. Fox News Digital has approached the Department of Justice and Abrego Garcia's legal representative for their comments.