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Autopsy finds Cuban immigrant in ICE custody died of homicide due to asphyxia

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Autopsy finds Cuban immigrant in ICE custody died of homicide due to asphyxia

An entrance to Fort Bliss is shown as reports indicate the military will begin to construct temporary housing for migrants on June 25, 2018 in Fort Bliss, Texas.

Joe Raedle/Getty Images North America


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Joe Raedle/Getty Images North America

WASHINGTON — A Cuban migrant held in solitary confinement at an immigration detention facility in Texas died after guards held him down and he stopped breathing, according to an autopsy report released Wednesday that ruled the death a homicide.

Geraldo Lunas Campos died Jan. 3 following an altercation with guards. U.S. Immigration and Customs Enforcement said the 55-year-old father of four was attempting suicide and the staff tried to save him.

But a witness told The Associated Press last week that Lunas Campos was handcuffed as at least five guards held him down and one put an arm around his neck and squeezed until he was unconscious.

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His death was one of at least three reported in little more than a month at Camp East Montana, a sprawling tent facility in the desert on the grounds of Fort Bliss, an Army base.

The autopsy report by the El Paso County Medical Examiner’s Office found Lunas Campos’ body showed signs of a struggle, including abrasions on his chest and knees. He also had hemorrhages on his neck. The deputy medical examiner, Dr. Adam Gonzalez. determined the cause of death was asphyxia due to neck and torso compression.

The report said witnesses saw Lunas Campos “become unresponsive while being physically restrained by law enforcement.” It did not elaborate on what happened during the struggle but cited evidence of injuries to his neck, head and torso associated with physical restraint. The report also noted the presence of petechial hemorrhages — tiny blood spots from burst capillaries that can be associated with intense strain or injury — in the eyelids and skin of the neck.

Dr. Victor Weedn, a forensic pathologist who reviewed the autopsy report for AP, said the presence of petechiae in the eyes support the conclusion that asphyxia caused the death. Those injuries suggest pressure on the body and are often associated with such deaths, he said.

He said the contusions on Lunas Campos’ body may reflect physical restraint and the neck injuries were consistent with a hand or knee on the neck.

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The autopsy also found the presence of prescription antidepressant and antihistamine medications, adding that Lunas Campos had a history of bipolar disorder and anxiety. It made no mention of him attempting suicide.

Government provided changing accounts of what happened

ICE’s initial account of the death, which included no mention of an altercation with guards, said Lunas Campos had become disruptive and staff moved him into a cellblock where detainees are held away from others.

“While in segregation, staff observed him in distress and contacted on-site medical personnel for assistance,” the agency said in its Jan. 9 statement. “Medical staff responded, initiated lifesaving measures, and requested emergency medical services.”

Lunas Campos was pronounced dead after paramedics arrived.

Last Thursday, after Lunas Campos’ family was first informed the death was likely to be ruled a homicide, Department of Homeland Security spokesperson Tricia McLaughlin amended the government’s account, saying he had attempted suicide and guards tried to help him.

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“Campos violently resisted the security staff and continued to attempt to take his life,” she said. “During the ensuing struggle, Campos stopped breathing and lost consciousness.”

After the final autopsy report was released Wednesday, McLaughlin issued a statement emphasizing that Lunas Campos was “a criminal illegal alien and convicted child sex predator.”

New York court records show Lunas Campos was convicted in 2003 of sexual contact with a person under 11, a felony for which he was sentenced to one year in jail and placed on the state’s sex offender registry. Lunas Campos was also sentenced to five years in prison and three years of supervision in 2009 after being convicted of attempting to sell a controlled substance, according to the New York corrections records. He completed the sentence in January 2017.

“ICE takes seriously the health and safety of all those detained in our custody,” McLaughlin said Wednesday, adding that the agency was investigating the death. DHS has not responded to questions about whether any outside law enforcement agency was also investigating.

Deaths put a spotlight on Camp East Montana

The AP reported in August that the $1.2 billion contract to build and operate Camp East Montana, expected to become the largest detention facility in the U.S., was awarded to a private contractor headquartered in a single-family home in Richmond, Virginia. The company, Acquisition Logistics LLC, had no prior experience running a corrections facility and has subcontracted with other companies to help operate the camp.

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It was not immediately clear whether the guards present when Lunas Campos died were government employees or those of a private contractor.

A final determination of homicide by the medical examiner would typically be critical in determining whether any guards are held criminally or civilly liable. The fact that Lunas Campos died on an Army base could limit state and local officials’ legal jurisdiction to investigate.

Lunas Campos was among the first detainees sent to Camp Montana East, arriving in September after ICE arrested him in Rochester, New York, where he lived for more than two decades. He was legally admitted to the U.S. in 1996, part of a wave of Cuban immigrants seeking to reach Florida by boat.

ICE said he was picked up in July as part of a planned immigration enforcement operation due to criminal convictions that made him eligible for removal.

In addition to Lunas Campos, ICE announced that on Dec. 3 an immigrant from Guatemala held in Camp East Montana died after being transferred to a El Paso hospital for care. While the cause of death was still pending, the agency said Francisco Gaspar-Andres, 48, was suspected to have died of liver and kidney failure.

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On Sunday, ICE announced that Victor Manuel Diaz, a 36-year-old immigrant from Nicaragua, died at Camp East Montana on Jan. 14 of a “presumed suicide.” The agency said Diaz was detained by ICE earlier this month during the immigration crackdown in Minneapolis.

Unlike with the two prior deaths, Diaz’s body wasn’t sent to the county medical examiner in El Paso. McLaughlin said Wednesday that the autopsy for Diaz is being performed at the Army medical center at Fort Bliss. DHS again did not respond to questions about whether any agency other than ICE will investigate the death.

Rep. Veronica Escobar, a Democrat whose district includes El Paso, called on DHS Secretary Kristi Noem and acting ICE Director Todd M. Lyons to brief Congress about the recent deaths.

“DHS must preserve all evidence — including halting their effort to deport the witnesses,” Escobar said Wednesday. “I reiterate my call for Camp East Montana to be shut down and for the contract with the corporation running it to be terminated.”

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Map: 4.9-Magnitude Earthquake Shakes Louisiana

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Map: 4.9-Magnitude Earthquake Shakes Louisiana

Note: Map shows the area with a shake intensity of 4 or greater, which U.S.G.S. defines as “light,” though the earthquake may be felt outside the areas shown.  All times on the map are Central time. The New York Times

A light, 4.9-magnitude earthquake struck in Louisiana on Thursday, according to the United States Geological Survey.

The temblor happened at 5:30 a.m. Central time about 6 miles west of Edgefield, La., data from the agency shows.

U.S.G.S. data earlier reported that the magnitude was 4.4.

As seismologists review available data, they may revise the earthquake’s reported magnitude. Additional information collected about the earthquake may also prompt U.S.G.S. scientists to update the shake-severity map.

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Source: United States Geological Survey | Notes: Shaking categories are based on the Modified Mercalli Intensity scale. When aftershock data is available, the corresponding maps and charts include earthquakes within 100 miles and seven days of the initial quake. All times above are Central time. Shake data is as of Thursday, March 5 at 8:40 a.m. Eastern. Aftershocks data is as of Thursday, March 5 at 10:46 a.m. Eastern.

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Donald Trump has no ‘phase two’ plan for Iran war, says US senator

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Donald Trump has no ‘phase two’ plan for Iran war, says US senator

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Man accused of plot to assassinate Trump testifies Iran pressured him, says Biden and Haley were other possible targets

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Man accused of plot to assassinate Trump testifies Iran pressured him, says Biden and Haley were other possible targets

The allegation sounded like the stuff of spy movies: A Pakistani businessman trying to hire hit men, even handing them $5,000 in cash, to kill a U.S. politician on behalf of Iran ‘s powerful paramilitary Revolutionary Guard.

It was true, and potential targets of the 2024 scheme included now-President Donald Trump, then-President Joe Biden and former presidential candidate and ex-U.N. Ambassador Nikki Haley, the man told jurors at his attempted terrorism trial in New York on Wednesday. But he insisted his actions were driven by fear for loved ones in Iran, and he figured he’d be apprehended before anything came of the scheme.

“My family was under threat, and I had to do this,” the defendant, Asif Merchant, testified through an Urdu interpreter. “I was not wanting to do this so willingly.”

Merchant said he had anticipated getting arrested before anyone was killed, intended to cooperate with the U.S. government and had hoped that would help him get a green card.

U.S. authorities were, indeed, on to him – the supposed hit men he paid were actually undercover FBI agents – and he was arrested on July 12, 2024, a day before an unrelated attempt on Trump’s life in Butler, Pennsylvania.  During a search, investigators said they found a handwritten note that contained the codewords for the various aspects of the plot, CBS News previously reported

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Merchant did sit for voluntary FBI interviews, but he ultimately ended up with a trial, not a cooperation deal.

“You traveled to the United States for the purpose of hiring Mafia members to kill a politician, correct?” Assistant U.S. Attorney Nina Gupta asked during her turn questioning Merchant Wednesday in a Brooklyn federal court.

“That’s right,” Merchant replied, his demeanor as matter-of-fact as his testimony was unusual.

The trial is unfolding amid the less than week-old Iran war, which killed Iranian Supreme Leader Ayatollah Ali Khamenei in a strike that Trump summed up as “I got him before he got me.” Jurors are instructed to ignore news pertaining to the case.

The Iranian government has denied plotting to kill Trump or other U.S. officials.

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Merchant, 47, had a roughly 20-year banking career in Pakistan before getting involved in an array of businesses: clothing, car sales, banana exports, insulation imports. He openly has two families, one in Pakistan and the other in Iran – where, he said, he was introduced around the end of 2022 to a Revolutionary Guard intelligence operative. They initially spoke about getting involved in a hawala, an informal money transfer system, Merchant said.

Merchant testified that his periodic visits to the U.S. for his garment business piqued the interest of his Revolutionary Guard contact, who trained him on countersurveillance techniques.

The U.S. deems the Revolutionary Guard a “foreign terrorist organization.” Formally called the Islamic Revolutionary Guard Corps, the force has been prominent in Iran under Khamenei.

Merchant said the handler told him to seek U.S. residents interested in working for Iran. Then came another assignment: Look for a criminal to arrange protests, steal things, do some money laundering, “and maybe have somebody murdered,” Merchant recalled.

“He did not tell me exactly who it is, but he told me – he named three people: Donald Trump, Joe Biden and Nikki Haley,” he added.

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In 2024, multiple sources familiar with the investigation told CBS News Merchant planned to assassinate current and former government officials across the political spectrum.

Merchant allegedly sketched out the plot on a napkin inside his New York hotel room, prosecutors said, and told the individual “that there would be ‘security all around’ the person” they were planning to kill.

“No other option”

After U.S. immigration agents pulled Merchant aside at the Houston airport in April 2024, searched his possessions and asked about his travels to Iran, he concluded that he was under surveillance. But still he researched Trump rally locations, sketched out a plot for a shooting at a political rally, lined up the supposed hit men and scrambled together $5,000 from a cousin to pay them a “token of appreciation.”

This image provided by the Justice Department, contained in the complaint supporting the arrest warrant, shows Asif Merchant. 

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AP


He even reported back to his Revolutionary Guard contact, sending observations – fake, Merchant said – tucked into a book that he shipped to Iran through a series of intermediaries.

Merchant said he “had no other option” than to play along because the handler had indicated that he knew who Merchant’s Iranian relatives were and where they lived.

In a court filing this week, prosecutors noted that Merchant didn’t seek out law enforcement to help with his purported predicament before he was arrested. He testified that he couldn’t turn to authorities because his handler had people watching him.

Prosecutors also said that in his FBI interviews, Merchant “neglected to mention any facts that could have supported” an argument that he acted under duress.

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Merchant told jurors Wednesday that he didn’t think agents would believe his story, because their questions suggested “they think that I’m some type of super-spy.”

“And are you a super-spy?” defense lawyer Avraham Moskowitz asked.

“No,” Merchant said. “Absolutely not.”

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