CRIMINAL COMPLAINT 

United States District Court 

United States of America 

v. 

Johnny G. Acosta 

DISTRICT of ARIZONA 

DOCKET NO. 

MAGISTRATE'S CASE NO. 

15-07466MJ 

Complaint for violation of Title 18, United States Code § 1073 

COMPLAINANT'S STATEMENT OF FACTS CONSTITUTING THE OFFENSE OR VIOLATION: 

On or about October 20, 2015, at or near Nogales, Arizona, at the DeConcini Port of Entry, in the District of 

Arizona, and the Republic of Mexico, Johnny G. Acosta, an individual, moved or traveled in interstate or foreign 

commerce with intent to avoid prosecution in the case of United States v. Johnny G. Acosta, United District Court 

for the District of Arizona, CR No. 15-775-TUC-CKJ(DTF), or custody or confinement after conviction in said 

case, under the laws of the place from which he flees, for crimes which is a felony under the laws of the place from 

which the fugitive flees. 

BASIS OF COMPLAINANT'S CHARGE AGAINST THE ACCUSED: 

SEE ATTACHED PROBABLE CAUSE STATEMENT 

MATERIAL WITNESS(ES) IN RELATION TO THE CHARGE: 

DETENTION REQUESTED II--,..,... 

COMPLAINT REVIEWED b~SA Wallace H. Kleindienst 

Being duly sworn, I declare that the foregoing is 

true and correct to the best of my knowledge. 

Sworn to before me and subscribed in my presence. 

See Federal rules of Criminal Procedure R'LJ d 54 

OFFICIAL TITLE & NAME: 

Special Agent, FBI, Adam Cushman 

DATE 

October 22,2015 
15 - o 1 L~ 6 6 r.1 J 

PROBABLE CAUSE STATEMENT 

On April 22, 2015, Johnny G. Acosta was indicted in a multi-count felony indictment charging him with 

conspiracy to smuggle marijuana into the United States through the Douglas, Arizona Port of Entry, and 

related drug distribution charges. See, United States v. Johnny Acosta, et. al., District Court of Arizona, 

CR No. 15-775-TUC-CKJ(DTF). At the time of the indictment, Acosta was a law enforcement officer 

with the U.S. Customs and Border Protection assigned to inspect incoming pedestrians and vehicles at the 

Douglas Port of Entry. Acosta was arrested on a warrant issued on the indictment, and on April 28, 2015, 

he was released pending trial in the case by U.S. Magistrate D. Thomas Ferraro. One of his conditions of 

release was that he shall not travel outside the State of Arizona unless express prior court permission is 

granted to travel elsewhere. 

On October 20, 2015, the FBI's Cochise Border Corruption Task Force (BCTF) received information that 

Acosta had made plans to flee the United States into Mexico on October 21, 2015, in order to avoid 

prosecution on the indictment. (A change of plea had been scheduled by Acosta's counsel for November 

3, 2015 at which time Acosta was going to enter a guilty plea.) On October 21, 2015, the BCTF 

conducted surveillance on Acosta at 1761 Baker Ave, his residence in Douglas, Arizona, consistent with 

the tip that Acosta was fleeing the Country. The surveillance team observed Acosta, who was passenger 

in a Ford Expedition, traveling from Douglas, Arizona to the Dennis DeConcini Port of Entry in Nogales, 

Arizona. The driver of the Expedition entered the Dennis DeConcini Port of Entry at approximately I 0:00 

p.m., in a lane committed to entering Mexico and was marked with signs indicating that fact. There was 

no other destination in that lane but Nogales, Sonora and there was no way to tum around and return to 

Nogales, Arizona. Law enforcement agents stopped the Expedition several feet from the actual 

International Border Line with Mexico and was placed under arrest for fleeing the United States to avoid 

prosecution, having traveled in foreign commerce in that he came to the International Border with the 

intention to cross into the Republic of Mexico. Alma Perez, Acosta's pretrial services officer, told your 

affiant on October 20,2015, that Acosta had not been granted permission by the Court to enter Mexico. A 

review of the docket sheet for the pending case does not reflect any order granting Acosta permission to 

enter Mexico since his release in the case.