Judge drops riot charges against 200 illegal aliens who rushed border, shoved Texas troops: 'I don't have jurisdiction'

On Wednesday, El Paso County Judge Ruben Morales dismissed riot participation charges against 211 illegal aliens who were caught on video rushing the southern border and shoving Texas National Guardsmen, the New York Post reported.

According to Morales, he was forced to drop the charges because the state failed to provide a transfer order to move the cases from district to county court. He said that because of that, his "hands [are] tied."

"Our office feels very strongly that the procedure was proper," DA Bill Hicks said.

During her opening statements, public defender Kelli Childress argued that "processes were ignored here."

"If I don't have jurisdiction, there's nothing I can do on these cases [except dismiss them]," Morales stated.

On March 21, footage captured by the New York Post showed a massive group of illegal immigrants — primarily adult males — ripping down the concertina wire. A Texas National Guardsman is seen in the video trying to grab the downed wire to prevent the group from storming through the gap created in the fencing. The video shows several men from the mob ripping the fencing away from the serviceman and throwing it to the side. Moments later, the unruly mass shoves through the five guardsmen and runs up to Gate 36, a closed area of the border that is not a designated port of entry.

At the time of the incident, troops had been attempting to divide the large mob into groups so that the illegal immigrants could be taken into Customs and Border Protection custody, the Post reported. Eight individuals are in custody and facing additional felony charges for acting as instigators. A ninth male, a 22-year-old Venezuelan national, Gabriel Enrique Angarita Carrasquero, faces similar charges but was released by Border Patrol and remains at large. He is accused of assaulting a Texas National Guardsman, the Post reported, citing an internal federal memo regarding his case.

District Attorney Bill Hicks stated during a Thursday news conference that his office plans to appeal the judge's decision to dismiss the charges.

"Our office feels very strongly that the procedure was proper," Hicks said. "We argued that it was appropriate and proper and we feel very strongly that it was done properly and Morales' order is an inappropriate order."

The misdemeanor riot participation charges carried a maximum penalty of 180 days in jail and a $2,000 fine.

Morales previously dropped cases against a large group of illegal immigrants who rushed the same area of the border on April 22. He claimed there was no evidence of "probable cause" to prove the individuals participated in a riot.

Hicks called for a grand jury of 12 El Paso citizens to decide on the case, arguing that Morales had refused to review additional evidence. The jurors indicted more than 140 illegal aliens on misdemeanor riot participation charges, effectively overruling Morales' judgment, Blaze News previously reported.

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