see also: in July 2006 News Releases:   SENTRI Participants Revoked for Agriculture Violations   Monthly Trade Payments to CBP Reach $5 Billion   Border Patrol, National Guard Partnership Helps Deny, Deter Illegal Immigration   U.S. Customs and Border Protection Offers Tips for Summer Border Travel   CBP Agriculture Specialist Intercepts Voracious Slug   Customs and Border Protection Has Five Drug Seizures In Five Days At The Detroit Border Crossings   Customs and Border Protection South Florida Marina Update ...more on cbp.gov:   Press Officers   CBP News Releases on the web:   United States Attorney's Office for the Southern District of Florida   District Court for the Southern District of Florida   Florida Southern District Court PACER

contacts for this news release

R. Alexander Acosta, United States Attorney for the Southern District of Florida, Jesus Torres, Special Agent in Charge, U.S. Immigration and Customs Enforcement, John Beutlich, Director, Air Operations Miami, U.S. Customs and Border Protection, Air and Marine, Rear Admiral David W. Kunkel, Commander 7th Coast Guard District, U.S. Coast Guard, Paul Blocker Jr., Chief Patrol Agent, CBP Border Patrol, Miami Sector, and Sheriff Ken Jenne, Broward County Sheriff’s Office, announced today the arrest of and the unsealing of an Indictment charging defendant Zhivargo McBride. McBride was indicted on February 16, 2006, by a Ft. Lauderdale grand jury. The fifteen-count Indictment charges McBride with eight (8) counts of alien smuggling for profit, three (3) counts of bringing in aliens at a place other than a designated port of entry resulting in death, one (1) count of bringing in aliens at a place other than a designated port of entry resulting in serious bodily injury, and three (3) counts of second degree murder. The case has been assigned to United States District Court Judge Joan Lenard. McBride made his initial appearance in federal court in Miami before Magistrate Judge Chris McAliley. A detention hearing is scheduled for July 13, 2006 at 10:00 a.m.

If convicted on the three (3) counts of bringing in aliens at a place other than a designated port of entry resulting in death, the defendant could face the death penalty. The defendant is also facing a maximum statutory term of life imprisonment on the second degree murder counts, a maximum statutory term of twenty (20) years on the count of bringing in aliens at a place other than a designated port of entry resulting in serious bodily injury, and a maximum statutory term of ten (10) years imprisonment with a statutory mandatory minimum sentence of three (3) years imprisonment on each of the ten (10) counts of alien smuggling for profit.

Since September of 2005, numerous human smuggling interdictions have been made in South Florida, including in Broward, Miami-Dade, Palm Beach, Martin and Monroe counties. Numerous Indictments have been filed by the U.S. Attorney’s Office in connection with these incidents. As a result of these smuggling ventures, numerous individuals have died, and others have been severely injured. In response to the growing number of human smuggling incidents and resulting deaths, a multi-agency task force, called Operation Lost at Sea, was established to investigate smugglers and their criminal enterprise. Under Operation Lost at Sea, agents and detectives from U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection, the U.S. Coast Guard, the U.S. Drug Enforcement Administration (DEA), the Broward Sheriff’s Office (BSO), and the Palm Beach Sheriff’s Office (PBSO), in conjunction with the U.S. Attorney’s Office, have joined forces to interdict these criminal ventures and prosecute these cases.

As alleged in the Indictment, Zhivargo McBride was the captain of a boat carrying eight illegal aliens attempting to reach the United States from the Bahamas. As the vessel approached the beach in Broward County, McBride ordered the aliens to jump off the boat and into deep, rough ocean water. Ultimately, one alien was seriously injured when he was struck by the boat’s propeller.. Three others drowned while attempting to reach shore.

United States Attorney Alex Acosta stated, “Human smugglers do not value the lives of their passengers; instead, they value money and escaping law enforcement. More and more in South Florida, we see individuals risk their lives for a chance to live the American dream. But this dream of freedom and prosperity becomes a human tragedy as children, women and men die at the hand of smugglers. We are committed to prosecuting these criminals and to putting a stop to human smuggling. ”

"The penalty for illegally coming to the United States should not be death at the hands of ruthless smugglers who have no regard for human life," said Jesus Torres, Special Agent in Charge of ICE in Miami. “One of ICE's top priorities is identifying, arresting and prosecuting human smugglers who are responsible for exploiting people and encouraging them to use dangerous and illegal methods to come to the United States. Weewill simply not tolerate this flagrant disregard for human life and will not rest until those responsible are brought to justice."

John S. Beutlich, Director, Miami Air and Marine, U.S. customs and Border Protection Air and Marine, stated, “The apprehension of Zhivargo McBride, in the middle of the night off the coast of Florida, is significant in that it proves there are smugglers, who have harmed others attempting to enter the United States on any given day. McBride’s arrest also sends a loud and clear message to these smugglers, U.S. Customs and Border Protection’s detection and interdiction capabilities work and its partnerships with other law enforcement agencies is successful at protecting America’s borders and bringing criminals to trial.”

Paul Blocker Jr., Chief Patrol Agent, CBP Border Patrol, Miami Sector, “Maritime smuggling of human beings continues to be a serious concern of the Department of Homeland Security. CBP Border Patrol is committed to assisting the United States Attorney's Office in prosecuting smugglers that show little regard for human life. It is imperative that we collectively work together to deter and mitigate this type of smuggling venture and educate the public on the dangers assosciated with the life threatening tactics utilized by smuggling organizations. CBP Border Patrol works collectively with all of our DHS partners in securing our nations borders, which is paramount in protecting the national security of the United States.”

"Migrant smuggling must stop," said Coast Guard Lt. Cmdr. Chris O'Neil, Public Affairs Officer for the Coast Guard's Seventh District. "We have seen time and time again the unfortunate tragedies that happen as a result of the ruthless and reckless endangerment of migrants by smugglers," said O'Neil. "We are pleased to see the prosecution moving forward in this case and greatly appreciate the efforts of our DHS and DOJ partners," he said.

“This prosecution is the direct result of the combined efforts of the U.S. Attorney’s Office, the Broward Sheriff’s Office, the Palm Beach County Sheriff’s Office, and our federal law enforcement partners in Operation Lost at Sea,” said Broward County Sheriff Ken Jenne. “From the moment the first bodies washed ashore, BSO and its partner law enforcement agencies have worked tirelessly to bring their killers to justice. While federal authorities pursue their case, I want the families of these victims to know we will make sure those responsible for these tragedies also are held accountable to the people of Broward and Palm Beach Counties.”

Mr. Acosta commended the investigative efforts of the U.S. Immigration and Customs Enforcement, the U.S. Border Patrol, U.S. Coast Guard. Drug Enforcement Administration, Broward Sheriff’s Office and palm Beach County Sheriff’s Office. This case is being prosecuted by Special Assistant United States Attorney Marc Anton.

A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida. ( United States Attorney's Office for the Southern District of Florida ) Related court documents and information may be found on the website of the District Court for the Southern District of Florida ( District Court for the Southern District of Florida ) or Florida Southern District Court PACER ( Florida Southern District Court PACER ) .

U.S. Customs and Border Protection (CBP) is the unified border agency within the Department of Homeland Security charged with the management, control, and protection of our Nation's borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.