Former prosecutor says man from Maryland, allegedly involved in MS-13 gang, may receive death penalty for fatal border incident

According to a former federal prosecutor, Kilmar Abrego Garcia might be charged with offenses that carry the death penalty if there is sufficient evidence linking him to an incident where 50 migrants lost their lives.

Recently, a grand jury in Tennessee charged Abrego Garcia with alien smuggling and conspiracy. The indictment states that Abrego Garcia had a significant role in a human smuggling operation that operated for about ten years.

At a press briefing, Attorney General Pam Bondi characterized Abrego Garcia as a dedicated smuggler who made more than 100 trips across the United States, transporting members of the MS-13 gang, along with children and women.

According to the indictment, Abrego Garcia and several co-conspirators are accused of working together to transport illegal immigrants from El Salvador, Guatemala, Honduras, Ecuador and Mexico to the U.S. for “profit and private financial gain.”

Kilmar Armando Abrego Garcia is seen in a car during a traffic stop. (Tennessee Highway Patrol)

“If the Justice Department can prove that Abrego Garcia was involved in the alien smuggling death, even though the death occurred in Mexico, as long as the intention was to bring those individuals to the United States, that may appropriately be a death penalty case,” he added.

Rahmani said the deaths wouldn’t need to be intentional for federal prosecutors to bring up death-penalty-eligible charges.

This undated photo provided by Murray Osorio PLLC shows Kilmar Abrego Garcia. (Murray Osorio PLLC via AP)

“Prosecutors don’t have to prove that Abrego Garcia intended to cause any injuries or even intended to hurt anyone. As long as they can show that he intended to smuggle people into the United States and a death resulted, that’s enough,” Rahmani said.

“Prosecutors just have to prove knowledge and intent of the smuggling operation as well as causation. The death resulted therefrom. That’s enough for a death penalty case.”

Rahmani said that being a co-conspirator makes people criminally liable for conduct during the crime, but noted that prosecutors don’t typically seek the death penalty in instances like this.

Fox News Digital reached out to the DOJ and Abrego Garcia’s lawyer for comment.