Saturday, April 28, 2012

U.S. Border Patrol Agent Won't Face Charges For Killing Rock Throwing Mexican Teenager At Border Crossing

Sergio Adrian Hernández-Huereca's body laid under the El Paso-Ciudad Juarez border-crossing.

Photo: El Pueblo

U.S. Department of Justice exonerates U.S. Border Patrol agent for killing Mexican teenager at El Paso border-crossing.

By H. Nelson Goodson
April 28, 2012

El Paso, Texas - On Friday, U.S. Customs and Border Protection (CBP) Border Patrol Agent Jesus Mesa Jr. was exonerated by the U.S. Department of Justice (DOJ) for a "lack of sufficient evidence" to prosecute in the June 7, 2010 El Paso border-crossing shooting death of Sergio Adrian Hernández-Huereca, 14. The DOJ Civil Rights Division found no evidence that Mesa Jr. deprived Hernández-Huereca of his civil rights when Mesa Jr. fired his .40 Caliber service weapon at Hernández-Huereca killing him after throwing rocks at Mesa Jr.
Hernández-Huereca a Mexican national was allegedly involved in human trafficking, according to the DOJ.
The investigation report states that border patrol agents were responding to a call that a group of teenagers had entered the U.S. illegally through an opening in the border fence, and the group began to throw rocks at the agents when they were encountered.
The Federal Bureau of Investigation (FBI) had found, that Agent Mesa Jr. was surrounded by teenagers who engaged in rock throwing, but a cellphone video from a witness on the bridge overlooking the area indicates otherwise.
U.S. Border Patrol agents, including Agent Mesa Jr. were patrolling near the International Bridge between El Paso, Texas and Ciudad Juarez-Paso Del Norte in Mexico when the deadly incident occurred. The area where Hernández-Huereca was killed is known for rock throwing incidents aimed at border patrol agents.
Two other youths identified as Oscar Ivan Pineda Ayala and Augustin Alcaraz Reyes were arrested by agents in the incident.
The DOJ determined that, "with regard to the federal homicide statutes, the team of prosecutors and FBI agents concluded that there is insufficient evidence to pursue prosecution of the CBP agent (Mesa Jr.) for a federal homicide offense. This review took into account evidence indicating that the agent’s actions constituted a reasonable use of force or would constitute an act of self defense in response to the threat created by a group of smugglers hurling rocks at the agent and his detainee. The investigation also revealed that, on these particular facts the agent did not act inconsistently with CBP policy or training regarding use of force. Based on a careful review and analysis of all the evidence, the team concluded that evidence would not be sufficient to prove beyond a reasonable doubt that the CBP agent violated the federal homicide laws in the shooting of Hernández-Huereca.
"The Justice Department also concluded that no federal civil rights charges could be pursued in this matter. Federal prosecutors and FBI agents determined that the evidence was insufficient to prove, beyond a reasonable doubt, that the CBP agent acted willfully and with the deliberate and specific intent to do something the law forbids...Moreover, a prosecution under the federal criminal civil rights statutes would be barred because the investigation determined that Hernandez-Huereca was neither within the borders of the United States nor present on U.S. property, as required for jurisdiction to exist under the applicable federal civil rights statute," according to a statement released from the DOJ's fact findings investigation on Friday.
In a June 2010 Spanish news video, it shows U.S. CBP Border Agent Jesus Mesa Jr. arriving on bicycle, confronts two youths and then drags a youth on U.S. side of border, other youths flee back into Mexico's border side. Agent Mesa Jr. then shoots his weapon multiple times at youths, in Mexico, afterwards one youth lies dead in Mexico's side beside a bridge pillar.
Clearly, cell phone video shot by a witness on a bridge shows Agent Mesa Jr. was not surrounded by illegal immigrants trying to cross into U.S., contradicting the FBI's version that Agent Mesa Jr. was surrounded. Video link at:

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