Former Marine held in Mexico jail to be freed, lawmakers say By Juan Ortega and Diana Gonzalez, NBCMiami.com A judge on Friday agreed to free a South Florida Marine veteran from a prison in Mexico, according to spokespeople for two congressional members. Jon Hammar is seen in an undated photograph provided by his family. Jon Hammar, 27, was being held at the Matamoros prison on a gun charge, but at a hearing it was determined he had no intent to commit a crime by taking the firearm to Mexico, a defense lawyer told U.S. Sen. Bill Nelson's office. "No American should be in a Mexican jail for five months without being able to have his case in front of a judge," Nelson said Friday. We're grateful; this is a good Christmas present. With the judge's ruling, Hammer was expected to be released after noon Friday, according to a statement from U.S. Rep. Ileana Ros-Lehtinen. The Marine veteran's mother notified congressional members of her son's pending release early Friday. And the news was confirmed by a defense lawyer, the State Department and the Mexican embassy, according to spokespeople for Nelson and Ros-Lehtinen. A U.S. consulate official said they were standing by to safely escort the former Marine to the United States. Instead of being taken on a plane, Hammer was expected to be driven across the Mexican border to the United States. In August, Hammar and a friend set out in a Winnebago on a road trip headed for Costa Rica with plans on surfing. A getaway is just what Hammar needed, his family said. His service as a Marine included stints in Afghanistan - where he worked a security detail for President Hamid Karzai - and patrols in Iraq. NBCMiami.com: Family steps up lobby to get Hammar released Hammar's family said he was deeply hurt by the loss of his close friend, Marine Cpl. Albert Gettings, in combat in Iraq's Fallujah section. Days after Hammar and his friend set off on the trip, his parents learned the Marine veteran was taken into custody by Mexican authorities. He was charged with carrying an illegal weapon. His mother, Olivia Hammar, has said the weapon found was a rifle to shoot birds. "In addition to being somewhat helpless, he is enraged," she said in a prior interview. Of the firearm, Ros-Lehtinen said: "He goes to register it and he gets arrested for his trouble. They have made this into such a huge issue. In recent months, pressure had mounted for Hammar's release. Congressional members were working with U.S. Customs and Border Protection, the State Department and Mexican authorities to arrange Hammar's release. A week ago, Ros-Lehtinen said that she had written a letter to Hillary Clinton, Janet Napolitano and others, asking them to intervene. Dozens of members of Congress signed the letter, Ros-Lehtinen said. Nelson said he had appealed to the Mexican ambassador to the United States.