Veteran opening $13 million lawsuit against federal government

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LAREDO, TX (KGNS) - Protecting our nation's coasts, patrolling the border, and even answering the call of duty is just a bit of the background of a veteran who is now suing the federal government.

This is a result of what he claims was a wrongful arrest.

It's a multimillion dollar lawsuit, but the list of things Osbaldo Garcia wants is for the Drug Enforcement Agency to admit their supposed mistake, and for them to explain how he ended up being labeled a drug dealer.

"Mr. Garcia was wrongfully and mistakenly arrested by the United States government of America, accused of drug trafficking, placed in a federal detention center."

"They arrested the wrong guy,” says attorney Norberto Cardenaz III, when asked about his client, Garcia.

According to federal court records, the case spans back to February 1, 2017 when arriving to the RV park where he lived after work. Over half a dozen fully armed DEA agents stormed surrounding his SUV, shouting orders for Garcia to raise his hands. The only explanation Osbaldo would get from agents was that the raid was about the heroin in Pennsylvania.

A place Garcia says he has never been to.

Handcuffed, he was taken to an ICE detention center in Conroe, Texas among detainees that had broken the very same laws he had helped enforce in the past.

"Nine years of his life to the military of the United States of America. Five years to the Army National Guard, four years to the U.S. coast guard. Joined the Department of Homeland Security as a Border Patrol agent."

The document states being a former senior Border Patrol agent was something that caused much concern.

After a court appearance the day after his arrest, his bond was set at $50,000. All the while, Garcia kept stating his innocence, saying they got the wrong man, but the case moved forward.

It was not until more than a month later, after his attorney got a hold of tapes the prosecutor used as evidence. Stating the voice on the recordings did not match Osbaldo Garcia’s pitch or accent.

Now, Garcia is taking legal action against the federal agency behind the arrest.

"An apology, number one, an explanation as to how this could have happened at the highest level for federal law enforcement. To clean his record, his stellar record has been tarnished. Last of all to compensate him and his family for the trauma that he was placed in."

The actual amount of damages Garcia is seeking is over $13 million.

A request for comment from the Department of Justice or the Laredo DEA Office has not responded.

As of yet, his next court date has not been scheduled.

In addition to the $3 million dollars Garcia is seeking, an additional $100,000 are being asked in damages by his wife.