Story Published:
May 1, 2008 at 1:35 PM EST
Story Updated:
May 4, 2008 at 1:48 PM EST
Saturday, a Mexican judge dropped one of the two charges against Fresno Army Specialist, Richard Medina Torres, for possessing a military grade firearm.
Today, representatives from the U.S. Consulate were hoping get his other charged dropped, so he could walk free.
But as of Monday evening that still has yet to happen.
It was a bittersweet arrival Sunday night for the mother of Fresno Army Specialist Richard Medina Torres.
Back in Fresno, following a visit with her son inside Juarez, Mexico’s notorious Cereso Prison.
{"He said mom, I’m sorry you had to come and visit me in a prison, I’m sorry what you're going through right now and all I said was I’m sorry you have to be here because you don't deserve this,” said Medina.
The Iraq war vet was arrested one week ago today after he was caught with weapons in his car, while crossing into Mexico.
Something he says was only an accident...
{"He's got a good case. It was a mistake... He got in a lane and was across the border before he had a chance to turn around," says Representative George Radanovich.
Tonight... Radanovich, along with Representative Jim Costa are waiting on word from the U.S. Consulate, who are working to convince the Mexican magistrate to drop the remaining charge against Medina Torres for possessing a firearm, a charge in Mexico that could still carry a hefty prison sentence.
{"We hope that all the appropriate information has been exchanged and we'll await a decision soon,” Representative Jim Costa.
Meanwhile, prison officials have moved Medina Torres into a new, safer prison cell, that will keep him segregated from Cereso's general population inmates.
In January, the soldier had a tattoo of the Aztec calendar inked on his back, representing his family's heritage, but unbeknownst to him, that tattoo inside the prison is forbidden, unless you're affiliated with the "The Aztecas"... the most criminally active street gang in El Paso... and the most violent prison gang inside Cereso.
"They’re trying to be very careful because right now they said, they put him in with the general population, they'll probably kill him instantly," says Medina.
Now, the soldier's mom is patiently waiting.
Hoping and praying that the charge against her son will be dropped any minute now, and he'll be freed in time for his deployment to Honduras at the beginning of May.
"I think they'll see that this was an honest mistake and we're prepared in case they're not to step up the action," says Radanovich.
And step up the action is what may have to happen as prison officials plan to move Medina Torres deeper into Cereso Prison, something that could very well jeopardize his safety.
Stay with KSEE 24 News as we continue to bring you exclusive coverage of this developing story.
Click on the link to see Preston Phillips’ report.