A man traveling by train with the gunman who shot and killed a DEA agent during a stop in Tucson in 2021 was sentenced Thursday to 10 years in prison.

Devonte Okeith Mathis, 24, of Mesquite, Texas, was ordered to serve 10 years in prison by Federal Court Judge Rosemary Marquez in connection with the death of Michael Garbo, who was killed in a shootout when he approached a man Mathis accompanied on an Amtrak train.

Officers from the Tucson Police, Arizona Dept. of Public Safety and other agencies stand at attention while the body of fallen DEA Agent Michael Garbo is prepared for transport of the Pima County Office of Medical Examiner after a shooting on an Amtrak train.

Mathis previously pleaded guilty to conspiracy to possess with intent to distribute marijuana, using and carrying a firearm during and in relation to a drug trafficking and possession of a firearm in furtherance of a drug trafficking crime.

On Oct. 4, 2021, Mathis and Darrion Taylor, 26, were traveling together on an Amtrak train in Tucson.

They were seen by a DEA agent sitting in the same row but on opposite sides of the aisle. The agent then saw Mathis move several bags a few rows away and return to his seat, the Arizona Daily Star previously reported.

When the bags were opened, agents found 2.39 kilograms of marijuana, marijuana edibles and other products related to the drug, the Star reported. Mathis told agents that the bags weren’t his.

As agents approached Taylor, a shootout erupted, killing Garbo and injuring two other DEA agents. Taylor was also killed in the shootout.

Further investigation revealed that Mathis knew Taylor had guns, that Taylor was β€œon the run” and had told Mathis that he did not want to go back to jail, court documents say.

Stephanie J. Meade asked the that Mathis be sentenced to five years and six months in prison followed by supervised release. She said Mathis plans on completing drug treatment in prison, will seek mental health counseling and wants to get his commercial driver’s license in hopes of becoming a long-haul truck driver.

However, prosecutors asked Marquez to sentence Mathis to 10 years in prison followed by five years of supervised release, saying Mathis knew he was traveling with a dangerous person and allowed law enforcements officers to be blindsided.

Vida Garbo, Michael Garbo’s wife, tearfully told the court that he was a man who was deeply loved and respected. She said her family’s lives have been shattered since the incident.

β€œMathis has robbed me of the love of my life,” Garbo told the judge.

Their daughter, Alexis, said her father was the kind or person to drop everything for you. She recalled a time when she made him walk into work with painted toenails because she had a new glitter polish.

β€œHe is gone but his memory is irreplaceable,” Alexis Garbo said.

Mathis sat with this his head down, wiping tears from his face, as the pair talked about Garbo.

Mathis apologized to the victims when he spoke in court.

β€œI wish I could take it all back,” Mathis said.


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Jamie Donnelly covers courts for the Arizona Daily Star. Contact her via e-mail at jdonnelly@tucson.com