A 21-year-old Midlothian man who allegedly tried to provide bomb materials to a person he thought was an ISIS member was instigated into the act by an undercover police officer, his lawyer argued during a court hearing Tuesday.
John Michael Garza Jr., 21, was accused this week of messaging a New York Police Department officer pretending to be an ISIS member in Iraq since October. He was arrested Dec. 22 after allegedly meeting with a an undercover Dallas FBI agent to provide bomb materials, and charged with attempting to provide material support or resources to a designated foreign terrorist organization.
But Garza's attorney Errin Martin claimed Tuesday the officer messaged her client first on Instagram — and there's no evidence Garza would have committed the alleged offense without that solicitation.
"Since the New York undercover cop instigated this, Garza could've been trying to impress him," Martin said during Tuesday's hearing.
A federal judge ultimately denied a request to have Garza released with conditions pending trial, and he will remain in custody in the Johnson County Jail.
Department of Homeland Security officer Lonnie Felps testified during Tuesday's hearing, in which he said the NYPD officer first messaged Garza after he commented unspecified emojis under a pro-ISIS post. Felps also said several of Garza's messages to the officer showed he could be a danger, as he shared videos of how to make a bomb and other official ISIS media releases.
But Martin said these messages only provided evidence of his ideologies rather than being a threat.
Martin also argued Garza should be able to post bond because he has no previous criminal record.
But Assistant U.S. Attorney Madeleine Case said Garza was aware of his actions when he sent two separate payments to the undercover officer he thought would help pay for firearms and continued to text him for more than two months.
"That shows that the defendant took initiative," Case said. "It was clear that he knew was he was doing."
Penelope Rivera is KERA's breaking news reporter. Got a tip? Email Penelope Rivera at privera@kera.org.
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