ICE agent indicted for allegedly violating suspect’s constitutional rights

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SALT LAKE CITY – An Immigrations and Customs Enforcement agent is accused of using unreasonable force and injuring a man while acting under color of law.

Agent Jon Martinson Junior is due to be arraigned in federal court July 29; the man was indicted last month after the victim alleged the agent violated his constitutional rights during an arrest that occurred on or about July 3.

The document mentions the agent was acting under “color of law.” The term relates to crimes that occur when an individual is acting under lawful authority given by a local, state or federal government.  The distinction is in place to prevent abuse of the special authority entrusted to people like law enforcement officers, judges, security guards or other officials. Authorities stated that the FBI generally leads investigations into “color of law” cases.

The indictment identifies the victim only by his initials and alleges Martinson, “Slammed [suspect] onto the concrete floor face first, willfully depriving him of the rights secured and protected by the Constitution and laws of the United States, to be free from the use of unreasonable force by a law enforcement officer.”

The indictment states the suspect suffered bodily injury as a result.

Tony Yapias is the director of Projecto Latino De Utah, an organization seeking to serve the needs of Utah’s Latino community, and he said he is aware of the case. He said the suspect was shackled and being moved when the agent allegedly pushed him from behind.

Yapias said the suspect who was injured entered the country without documentation, but that was not confirmed in the text of the indictment. Yapias said the man lost several teeth as a result for the agent’s action.

2 comments

  • nonmormon

    Yeah more of my tax $$$$$$ wasted!!!!
    Hey project latino whatever maybe you should counsel SOME your people on other peoples rights and that latins are not the only people that exist?
    They scream for rights that none of them fought, worked, or paid taxes to earn.
    They discriminate against others on the job and show no respect for others rights, bad tempers, poor work ethics, when dealing with the younger generation.
    This is getting way old…….

  • Tom Hauck (@hawkmo99)

    Still trying to remember when non-citizens were “entitled” to citizens rights…but hey… Obama made us a “global” society so everyone is given America’s rights…while Americans get nothing….

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