Border Patrol agent was murdered, FBI agent contends in affidavit

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An FBI agent believes U.S. Border Patrol Agent Rogelio Martinez was murdered, according to a sworn affidavit filed in a federal court this week. 

Martinez died Nov. 19, after suffering head injuries the night before while on duty in Texas.

Border Patrol Agent Stephen Garland was found injured alongside Martinez, in a culvert off Interstate 10, in Van Horn, Texas. He has been unable to recall what happened to them, authorities said.

In the affidavit, the FBI agent requests a search warrant for a 2004 Pontiac Grand Am that he believes “will contain trace evidence relating to drug trafficking, the murder of Agent Martinez and the assault of Agent Garland.”

Last week Culberson County Sheriff Oscar Carrillo told the Dallas Morning News he believed a tractor-trailer may have inadvertently struck the agents, Fox News reported.

In the affidavit, the FBI investigator said an informant told a Customs and Border Protection agent that two brothers who were recently smuggled into the United States spoke about assaulting the agents.

Further investigation found that those two brothers are Antonio and Jesus Munoz, authorities said. But upon questioning, both brothers denied any role in the attack on the agents, according to the affidavit.

Border Patrol pallbearers carry Border Patrol agent Rogelio Martinez to a graveside service at Restlawn Cemetery, Saturday, Nov. 25, 2017 in El Paso, Texas. Martinez was on patrol in the Big Bend Sector when he died in the line of duty. (Mark Lambie/The El Paso Times via AP)

Border Patrol pallbearers carry Border Patrol agent Rogelio Martinez to a graveside service at Restlawn Cemetery, Saturday, Nov. 25, 2017 in El Paso, Texas. Martinez was on patrol in the Big Bend Sector when he died in the line of duty. (Mark Lambie/The El Paso Times via AP)

However, Daniel Munoz admitted to picking up his brother Antonio in a 2004 Pontiac Grand Am in Presidio, Texas, around Nov. 20. Antonio Munoz told the FBI in an interview that he entered the United States illegally sometime before Nov. 20. 

Maria Gonzalez, a woman traveling with Daniel Munoz, also was interviewed. She told investigators that when they picked up Antonio he looked clean cut, and was wearing clean clothes, according to the affidavit. 

The search warrant was filed so investigators could thoroughly search the Pontiac used to pick up Munoz. The car could have evidence like clothing fibers and hair that could pertain to the investigation. 

“When two individuals struggle, the physical components of their person can be exchanged, as well,” the agent wrote in the affidavit. 

Gonzalez also told the FBI that when she was in the car with the Munoz brothers, she overheard Antonio speaking with someone on the phone about crossing into the U.S. with methamphetamine and heroin. 

On Nov. 29, Antonio Munoz made an initial appearance before a magistrate judge on charges that he made illegal re-entry into the United States. 

Ray Bogan is a Fox News multimedia reporter based in El Paso, Texas. Follow him on twitter: @RayBogan