Margarito Tristan III, Aiming Laser at Aircraft, Texas 2013

McALLEN, Texas – In a disturbing incident of reckless endangerment, Margarito Tristan III, 28, of Donna, Texas, has been ordered to serve 18 months in federal prison for aiming a high-powered laser at a Customs and Border Protection (CBP) helicopter, announced United States Attorney Kenneth Magidson.

On March 7, 2013, CBP Air and Marine officers were conducting a night training operation in CBP helicopter, designated Omaha 26A. At approximately 10:20 p.m., while conducting a training flight near Weslaco, the pilots were illuminated by a green laser at which time their eyes were irradiated by the laser, causing disorientation.

After altering course, the aircrew was able to detect a vehicle which was the source of the laser by using their night vision goggles. The aircrew then directed law enforcement officers on the ground to the vehicle, and they subsequently conducted a traffic stop. A green laser was recovered from the vehicle, and Tristan admitted to using it to illuminate the helicopter.

During the sentencing hearing today, the court cited its concern, not only for the lives of the pilots, but also the lives of those on the ground should the helicopter have gone down, in formulating the sentence for this first-time offender.

Tristan was initially permitted release upon posting bond. However, he has not yet been able to do so and he remains in custody where he has been since his arrest.

The investigation was conducted by the FBI, Customs and Border Protection, Texas Department of Public Safety, Hidalgo County Sheriff’s Department, and the Donna Police Department. Assistant United States Attorney Steven Schammel is prosecuting.

Tristan pleaded guilty to the charges on July 1, 2013. U.S. District Judge Micaela Alvarez ordered him to prison for a term of 18 months to be immediately followed by a two-year-term of supervised release.

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