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September 5, 2026 – SAN DIEGO, CA – David Alfonso Barrera Nunes, pilot of a smuggling boat that capsized off Imperial DOJBeach in rough surf last year, resulting in the deaths of five undocumented immigrants, was sentenced in federal court on Friday to 57 months in prison.

On November 14, 2025, U.S. Border Patrol agents were notified of a small vessel crossing north from Mexico, heading towards Imperial Beach. Attempts to intercept the vessel were unsuccessful because dense fog significantly limited visibility. About an hour later, agents saw a small boat in the water, with several people emerging from the area. The boat soon capsized.

Shortly after people were seen emerging from the water near the boat, an agent saw an adult male run inland from the beach and climb over a jagged rock separating the beach from houses nearby. That person, later identified as Barrera, entered an enclosed backyard area. Barrera never attempted to rescue his passengers.

Law enforcement scoured the area for survivors and decedents. Ultimately, they found four bodies in the surf. A fifth decedent washed up in the surf several days later and was identified as a co-pilot of the vessel.

According to court documents, the defendant had agreed to pilot the boat in exchange for a reduced smuggling rate for himself.

“This case is a reminder that there is no harmless way to participate in human smuggling: If you choose to play a role, you will be held accountable for your actions,” said U.S. Attorney Adam Gordon.

“Transnational criminal organizations routinely place profit over human life, and this tragic case shows the devastating consequences of that callous disregard,” said HSI San Diego Special Agent in Charge Kevin Murphy. “As part of the Homeland Security Task Force, HSI’s Marine Task force and our law enforcement partners will continue to pursue those who exploit vulnerable people, endanger our coastal communities, and contribute to deadly smuggling ventures.”

“The loss of life in this incident is a tragic and entirely avoidable consequence of human smuggling,” said Acting Chief Border Patrol agent RJay Rippel. “Smugglers prioritize profit over life, often placing people in dangerous life-threatening conditions with no regard for their safety. This sentencing serves as a clear message that those who facilitate illegal border crossings and endanger lives will be held accountable for their actions. Our agents remain committed to disrupting these criminal networks and preventing such senseless tragedies.”

According to his April 2026 plea agreement, Barrera admitted that he was the pilot of the panga with nine undocumented aliens on board; that its single outboard motor repeatedly had engine trouble; and that there weren’t enough life jackets. He also admitted that as the vessel approached the United States shoreline near Imperial Beach, the motor failed again, causing the vessel to rotate and capsize in the surf about 200 yards from the coast, throwing everyone into the water. 

Bartolo Baltazar Baltazar, Luis Humberto Mazariegos De Leon, Hector Gomez Lopez, and Margarita Espinosa Castellanos drowned while attempting to reach shore safely. A week later, on November 21, 2025, a body was found on the shoreline near the Naval Base Coronado Silver Strand Training Complex in Imperial Beach, later identified as Jose Angel Vera- Romero. Vera- Romero had similarly been on the boat piloted by the defendant.

Passengers told harrowing stories about their ordeal.

One man, who had been trapped inside the cabin below deck when the boat overturned, found a pocket of air and was able to breathe while the boat was submerged with him and several others inside. He was able to exit the cabin after Border Patrol agents flipped the boat over. He said he didn’t know how to swim and believed that he was going to drown. Somehow, he said, he was able to reach the shore where he was aided by Border Patrol agents.

A complaint quoted several passengers who said the boat experienced engine problems, leading to an argument between the captain and passengers who urged him to return to Mexico. The captain refused and attempted to reach shore despite having no engine power, causing the vessel to rotate in the waves and capsize.

One passenger told agents he was reluctantly accompanying his granddaughter on the voyage. He said that before the vessel capsized, the captain ordered everyone to jump into the water. The vessel then capsized; the grandfather and granddaughter were trapped inside the vessel. As it rolled, the grandfather was able to pull his granddaughter out, but he remained trapped. He said a piece of metal penetrated his leg, causing a severe injury. He believed he was going to die, he said, but when the vessel came to a stop, he was pulled out and rescued.

This case is being prosecuted by Assistant U.S. Attorneys Francisco Nagel and Sean Van Demark.

DEFENDANTS                                Case Number 25cr4550-TWR                                 

David Alfonso Barrera Nunes            Age: 38                   Mexico

SUMMARY OF CHARGES

Bringing in Aliens Resulting in Death – Title 8, U.S.C., Sections 1324(a)(1)(A)(i), (v)(II), and (a)(1)(B)(iv)

Maximum penalty: Death or Life in Prison and $250,000 fine

Bringing in Aliens for Financial Gain – Title 8, U.S.C., Section 1324(a)(2)(B)(ii)

Maximum penalty: Ten years in prison with a three-year mandatory minimum and $250,000 fine

INVESTIGATING AGENCIES

Homeland Security Investigations – Marine Task Force

U.S. Border Patrol

U.S. Customs and Border Protection – Air and Marine Operations

United States Coast Guard

Imperial Beach Fire-Rescue Department

Imperial Beach Marine Safety - Lifeguards

San Diego County Sheriff’s Department

San Diego County Medical Examiner’s Office

This case is part of the Homeland Security Task Force (HSTF) initiative established by Executive Order 14159, Protecting the American People Against Invasion. The HSTF is a whole-of-government partnership dedicated to eliminating criminal cartels, foreign gangs, transnational criminal organizations, and human smuggling and trafficking rings operating in the United States and abroad. Through historic interagency collaboration, the HSTF directs the full might of United States law enforcement towards identifying, investigating, and prosecuting the full spectrum of crimes committed by these organizations, which have long fueled violence and instability within our borders. In performing this work, the HSTF places special emphasis on investigating and prosecuting those engaged in child trafficking or other crimes involving children. The HSTF further utilizes all available tools to prosecute and remove the most violent criminal aliens from the United States. HSTF San Diego comprises agents and officers from FBI, Homeland Security Investigations, DEA, ATF, U.S. Marshals, Department of Defense, U.S. Postal Inspection Service, Naval Criminal Investigative Service, IRS Criminal Investigation, U.S. Coast Guard, U.S. Customs and Border Protection and Interpol, with the prosecution being led by the United States Attorney’s Office for the Southern District of California.

This case is a result of the coordinated efforts of Joint Task Force Alpha (JTFA). JTFA is the Justice Department’s lead effort in combating high-impact human smuggling and trafficking committed by cartels and Transnational Criminal Organizations (TCOs). A highly successful partnership between the Department of Justice and the Department of Homeland Security (DHS), JTFA investigates and prosecutes human smuggling and trafficking and related immigration crimes that impact public safety and border security. JTFA’s mission is to target the leaders and organizers of Cartels and TCOs involved in human smuggling and trafficking throughout the Americas. The Attorney General has elevated and expanded JTFA to target the most prolific and dangerous human smuggling and trafficking groups operating not only in Mexico and the Northern Triangle countries of Guatemala, El Salvador, and Honduras, but also in Canada, the Caribbean, and the maritime border, and elsewhere. Led by the Criminal Division’s Human Rights and Special Prosecutions Section and supported by the Money Laundering, Narcotics and Forfeiture Section, the Office of International Affairs, and the Office of Enforcement Operations, among others, JTFA has dedicated Assistant U.S. Attorney-detailees from the Southern District of California; District of Arizona; District of New Mexico; Western and Southern Districts of Texas; Southern District of Florida; Northern District of New York; and District of Vermont. JTFA also partners with other U.S. Attorney’s Offices throughout the country and supports high-priority cases in any district. All JTFA cases rely on substantial law enforcement resources from DHS, including ICE/HSI and CBP/BP and OFO, as well as FBI and other law enforcement agencies.

Source: DOJ Release

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