SAN DIEGO — The man accused of piloting the boat that crashed into the rocks near Point Loma, killing three in a human smuggling attempt, made his first appearance in San Diego federal court Thursday.
Antonio Hurtado is charged with attempting to bring undocumented immigrants into the U.S. at a place other than a port of entry and assault of a federal officer, both felonies. He appeared via video and did not enter a plea.
The assault charge stems from an accusation that Hurtado kneed a Border Patrol agent in the head as a shackle was being placed around his ankle, according to the complaint.
Prosecutors asked that he remain jailed, telling the judge Hurtado presented a danger to the community and was considered a flight risk. A detention hearing is set for Tuesday to determine if he should be granted bail.
The judge appointed an attorney to represent Hurtado after finding that Hurtado likely could not afford one on his own. A lawyer from Federal Defenders of San Diego said Hurtado has been unemployed for more than a year, had no substantial assets and was responsible for supporting his wife.
Attorneys offered no other details about Hurtado — including his age or city of residence — or the allegations against him in court. He was supposed to appear in court a day earlier but could not because he was hospitalized.
Hurtado was one of 33 people aboard the 40-foot trawler-style boat when it ran aground near Cabrillo National Monument and broke up on the rocks Sunday. Bystanders and rescue crews pulled many from the water. Three passengers, all Mexican nationals, died.
The other passengers are also from Mexico, except for one man from Guatemala. Three have since been identified as juveniles — a girl, 14, and two boys, 15 and 17, according to the Mexican Consulate.
The migrants are being held as material witnesses in the prosecution. The teens will likely be released to family or sponsors in the U.S.
