James Bradley Jr. will not be sentenced to death, according to U.S. Attorney General Richard Durban, Jr., but will face additional charges in the case after a grand jury returned a superseding indictment Wednesday.
RELATED: Survivor in human smuggling case says people cried, asked for water
The indictment also charged 47-year-old Pedro Silva Seguara, an undocumented alien, in connection to transporting and harboring undocumented aliens for financial gain resulting in serious bodily injury. Segura faces life imprisonment or the death penalty.
What the driver claimed happened in the immigrant smuggling attempt gone wrong
In July, authorities were called to the Walmart store near Interstate 35 in San Antonio. According to the criminal complaint, Bradley told police the trailer he was hauling had been sold and he was "unaware" of its contents. He said he stopped at the Walmart and exited the vehicle to relieve himself when he heard "banging and shaking" in the trailer.
Survivors told authorities people began passing out, hitting trailer walls and making noise to get the driver's attention.
Bradley has also been charged with transportation of undocumented aliens resulting death, transporting undocumented aliens resulting in serious bodily injury and placing lives in jeopardy and possession of a firearm by a convicted felon. He faces up to life imprisonment for the conspiracy and transportation-resulting-in-death charges and up to ten years in federal prison for the firearm charge.
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