Brian Alexis Baldonado Belmontes, a Mexican citizen, was charged on March 31 with unlawfully possessing a firearm while illegally present in the United States, according to an April 6 announcement by United States Attorney Lesley A. Woods for the District of Nebraska. Baldonado Belmontes is currently being held in federal custody.
The case highlights concerns over illegal firearm possession and its connection to immigration status. The charges stem from an incident involving a juvenile and the discharge of a weapon in Omaha.
According to the criminal complaint, on March 22, an Omaha Police Department detective monitored a social media account belonging to a juvenile born in 2008. The video reportedly showed the juvenile firing a .22 caliber AR-style rifle into the air about twenty times. Law enforcement located the scene at the 5200 block of South 38th Street in Omaha, where officers found approximately twenty-three spent cartridge cases and two live rounds. A vehicle at the scene had been struck by bullets multiple times.
While processing evidence at the location, both Baldonado Belmontes and the juvenile approached officers and admitted to shooting at the truck. Baldonado Belmontes later provided further information regarding where law enforcement could find the rifle used during the incident. Officers subsequently recovered a Smith & Wesson M&P 15-22 .22 caliber rifle.
Baldonado Belmontes admitted that he entered into the United States illegally. The Department of Homeland Security confirmed he is a foreign national from Mexico who crossed into this country at an unknown date and location.
The investigation is ongoing with involvement from Omaha Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Homeland Security Investigations (HSI). Authorities emphasize that “a complaint is merely an allegation” and that “the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.” If convicted on these charges, Baldonado Belmontes faces up to fifteen years imprisonment.
