ALBUQUERQUE, N.M. (KRQE) – Jorge Garcia-Rascon, 21, and Julio Garcia-Rascon, 19, brothers from Mexico, have been charged with conspiracy to smuggle illegal aliens resulting in death. According to a Department of Justice press release, Jorge will remain in custody until his arraignment following an initial appearance on July 29. Julio made his initial appearance on August 12 and will remain in custody until his trial.

A criminal complaint states that Border patrol agents attempted to make a traffic stop on an SUV traveling on New Mexico Highway 9 in Santa Teresa on July 27. The SUV didn’t stop and as agents ended their pursuit and turned off their emergency lights, the SUV lost control and rolled off the road.

According to the complaint, Julio and Jorge fled the vehicle as law enforcement approached but were caught shortly after. Police found the SUV had 13 people in it, all being undocumented non-citizens. Two of the people in the vehicle died from the rollover.