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Death penalty on the table after 3 killed in California human smuggling boat crash

Jacob Shelton May 7, 2025

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(Image Credit: Getty Images)

SAN DIEGO, CA - MAY 02: Debris is littered along the shoreline off Cabrillo Monument on May 2, 2021 in San Diego, California. Two people died and Twenty were rescued after a vessel overturned on Sunday afternoon off Point Loma area of San Diego(Photo by Sandy Huffaker/Getty Images)

San Diego, California – Five Mexican nationals have been arrested and charged in connection with a deadly human smuggling operation after a boat carrying at least 16 migrants capsized off the coast near San Diego, killing three people — including a 14-year-old boy from India — and leaving a 10-year-old girl presumed dead, officials announced Tuesday.

The panga-style boat, a small open vessel often used for smuggling operations, overturned Monday morning in Del Mar amid rough surf and frigid 60-degree waters. The tragic incident unfolded when the ship, about 20 feet long, flipped near the shore, ejecting passengers into the water.

According to federal prosecutors, Jesus Ivan Rodriguez-Leyva, 36, and Julio Cesar Zuniga-Luna, 30 — believed to be the boat’s operators — were arrested Monday at Torrey Pines State Beach. Both face charges of bringing in aliens resulting in death, a crime punishable by life imprisonment or even the death penalty, as well as bringing in aliens for financial gain.

Later that evening, Melissa Jenelle Cota, 33, Gustavo Lara, 32, and Sergio Rojas-Fregoso, 31, were taken into custody and charged with transporting undocumented migrants, which carries a maximum sentence of 10 years in prison and a $500,000 fine.

U.S. Attorney Adam Gordon called the incident “a heartbreaking reminder of how little human traffickers care about the costs of their deadly business.”

Among the dead were a 14-year-old Indian boy, his father now in a coma, and a Mexican man, 55, and an 18-year-old. The boy’s 10-year-old sister is still missing and presumed dead. The children’s mother remains hospitalized. Mexican consular officials confirmed their involvement in assisting and facilitating reunification for the surviving minor.

Homeland Security Secretary Kristi Noem stated that her department will formally request the Justice Department seek the death penalty under the Federal Death Penalty Act.

Meanwhile, law enforcement tracked down load vehicles believed to have transported survivors away from the scene. Border Patrol agents arrested suspects in Chula Vista and recovered eight of the nine initially unaccounted-for migrants. Prosecutors said the smugglers each migrant paid the smugglers thousands — up to $13,000 per person — for the illegal crossings.

Neighbors in Chula Vista, including Maya Arciaga, witnessed part of the manhunt. “My husband and nephew helped tackle one of the suspects right in our front yard,” she said.

“This kind of reckless disregard for human life will not be tolerated,” Noem stated. “We will ensure justice is served.”

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