The trial of Homero Zamorano Jr., the man who drove a truck that killed 53 suffocated migrants in Texas on June 27, 2022, already has a date: June 26, 2023, one day before the first year of the worst tragedy of this type in the history of the United States.
Zamorano Jr., 47, of Pasadena, Texas, faces four counts along with his alleged accomplice, Christian Martinez, 28, of transportation and conspiracy to illegally move migrants, which ended in death and serious injury, and put lives at risk, according to a federal court in San Antonio.
Both still have a chance to reach a plea deal with prosecutors. The deadline to notify the court of any plea agreement is next Thursday, June 15. After that date, the court will not accept a settlement and the case will go to trial, according to an order signed by U.S. District Judge Orlando L. Garcia of the Western District of Texas.
The most serious charges of conspiracy to transport and transfer the 53 deceased people — including three minors — carry a maximum punishment of life imprisonment or the death penalty. However, the U.S. attorney's office for the Western District of Texas said in September that it will not seek the death penalty for the defendants, according to the decision signed by then-District Attorney General Ashley C. Hoff.
On June 27, 2022, police found dozens of dead immigrants in a trailer parked in San Antonio, Texas. In total, 53 people died, including three minors, due to lack of oxygen and high temperature. Eric Gay / AP
The judge scheduled for June 22 the pre-trial hearing with the lawyers, in which it would be discussed whether the case goes to trial or if it will resolve through a guilty plea. If not, the selection of the jury will begin on the 26th at 9:30 am.
The trial was originally scheduled to begin in March, but because of the voluminous evidence provided by the government — including interviews with witnesses, investigative reports, expert opinion, audio and video recordings — the court decided to postpone it for three months to give Zamorano and Martinez's lawyers enough time to prepare their defense.
[Driver and Another Man Charged in Texas Truck Death]
Judge Garcia declared this case complex due to the number of victims, the international nature of the investigation, the amount of evidence and the possibility that the death penalty would be sought, so preparing for the trial is more complicated than usual.
It is unclear whether the defendants are negotiating any kind of agreement. Asked by Noticias Telemundo, Zamorano's lawyer, Mark Stevens, declined to comment on the case.
An abandoned truck
On June 27, 2022, police encountered a gruesome scene after several 911 calls for help were received. The bodies of dozens of migrants traveling in overcrowded and extreme temperatures were found in an abandoned trailer on Quintana Street, southwest of San Antonio.
Relatives of Pascual Melvin Guachiac Sipac charge their ferétro in the municipality of Nahualá, Guatemala, on July 15, 2022. Guachiac, 13, was one of three children killed in the truck in Texas. Oliver de Ros / AP
In total, 53 people, from Guatemala, Honduras and Mexico, died from high temperatures and lack of oxygen inside the container. The truck had left Laredo at about 2:45 p.m. and traveled 146 miles to San Antonio, passing through a Border Patrol checkpoint undetected.
Zamorano tried to flee through a nearby field but was arrested by authorities the same day and was hospitalized for being under the influence of methamphetamine, according to the San Antonio Express News, which cited a police officer.
["Call me, brother." Cellphone Messages to 'Death Truck' Driver Reveal Final Hours of Tragic Journey]
Police searched Zamorano's cellphone and found messages he exchanged with Martinez on the day of the tragedy. He first sent her details about the truck's manifest as well as the address of a location in Laredo, Texas. He then texted her asking where she was, but got no response, according to the criminal complaint reviewed by Noticias Telemundo.
Martinez acknowledged his involvement in transporting the migrants, saying he knew the driver, and that the trailer's air conditioning had stopped working without Zamorano's knowledge, according to court documents.
Mynor Cardona, father of Yenifer Yulisa Cardona, one of the survivors in the San Antonio tragedy, said he is confident justice will be done for the deaths of the 53 migrants in the truck. Oliver de Ros / AP
Among those who survived the tragedy is 21-year-old Guatemalan Yenifer Yulisa Cardona Tomás. His father, Mynor Cardona, told Noticias Telemundo that he trusts US authorities to see justice done.
"Let the justice of the United States take care of them. With what they are going to do, they will not bring back to life the people who died. I only ask God to have mercy on these people," Cardona said Tuesday from Guatemala City.
With what they are going to do, they will not bring back to life the people who died. I only ask God to have mercy on those people."
Mynor Cardona FATHER OF SURVIVOR
But Cardona said eventual punishment for the suspects wouldn't make him feel any better. "I wouldn't feel happy, because I'm nobody to judge that man's life. And if it had touched my beautiful daughter, the same. Not even because I said lock them up 200 years would they have brought my princess back to life. In this what counts is the justice of God," he said.
209 migrants who were traveling overcrowded in a truck rescued in Mexico
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If you have had the experience of traveling aboard a truck from the southern border, or know someone who has, you can contact Noticias Telemundo at ronny.rojas@nbcuni.com or send a text message to 732 927 6246. We want to hear your testimony.
