By H. Nelson Goodson
Hispanic News Network U.S.A.
March 25, 2015
San Diego, California - The Anastacio Hernández Rojas family continues to wait for justice for the brutal and cold blooded homicide of Rojas, 42, on May 28, 2010 in the hands of eight U.S. Border Patrol including Customs and Border Protection agents while four supervisors watched. Judge M. James Lorenz of the U.S. District Court of the Southern District of California on September 29, 2014 determined that the U.S. Border Patrol agents identified as Phillip Krasielwicz, Gabriel Ducoing and Derrick Llewellyn; Immigration Enforcement Agents Harinzo Naraisnesingh and Andre Piligrino; Customs and Border Protection Officers Kurt Sauer and agent Allen Boutwell; Border Patrol Supervisors Ishmael Finn, Guillermo E. Avila and Edward C. Caliri, and Custom and Border Protection Supervisor Ramon De Jesús were responsible or contributed to Hernández Rojas death in 2010.
The border agents argued that Hernández Rojas was a threat to the agents and they had to use force to control his combative and aggressive behavior while they were trying to deport him. The border patrol supervisors claimed that Hernández Rojas was aggressive and they allowed the agents to use force to control Hernández Rojas, an undocumented immigrant.
Several cellphone videos surfaced that showed Hernández Rojas screaming for help and that the agents were killing him. The videos survived from getting confiscated by De Jesús and another agent. Multiple people gathered at the San Ysidro Port-of-entry when Hernández Rojas was being beaten and tased while screaming for help. They took photos and videos of the 30 minute incident that ended with Hernández Rojas death. Their cellphones were confiscated by De Jesús and he deleted the photos and videos to cover up the criminal act by the border agents involved in the beating death of Hernández Rojas.
The videos that survived the censorship by De Jesús contradicted the agents and supervisors claims that Hernández Rojas was a threat to the agents. Judge Lorenz disagreed with the agents and determined that about 20 to 30 agents including supervisors were present when the eight agents used batons to beat him, punched and kicked him. Vales even tased Hernández Rojas five times when he was on the ground with his hands handcuffed behind his back and his legs were ziptied and hog-tied to his hands.
Hernández Rojas autopsy revealed that he had five broken ribs, had suffered from a lack of oxygen to his brain for 8 minutes causing brain dead as a result of a heart attack attributed to the beating and taser's electrical shocks, had abrasions/contusions to the face, arms and legs including a large hematoma. His death was ruled a homicide by the San Diego Medical Examiner's Office.
Judge Lorenz wrote that the agents were never in danger since there were more than 20 agents at the scene and none would have been in danger except Hernández Rojas himself who was handcuffed, hog-tied and was eventually killed by the agents involved.
The supervisors watching Hernández Rojas beating could have intervene to stop the brutal abuse of Hernández Rojas, but they stood there and encouraged it.
While processing Hernández Rojas, Ducoing slapped and kicked Hernández Rojas in the ankles causing injuries. Hernández Rojas complained to Krasielwics and Supervisor Finn about Ducoing's abuse when he was brought to the processing center. Hernández Rojas had asked Ducoing and Finn for medical attention and wanted to see an immigration judge. Finn refused and ordered both Krasielwics and Ducoing to immediately deport Hernández Rojas without due process or receiving medical attention.
When they drove Hernández Rojas to the border crossing, Hernández Rojas began to complain that his leg hurt and was in pain. Once they took the handcuffs off, they threw him to the ground and began to struggle with him. Then both Naraisnesingh and Piligrino came over and began to beat Hernández Rojas with batons. Llewellyn, Boutwell and Sauer also came over and began to punch and kick Hernández Rojas.
Vales came to the scene and tased Hernández Rojas at least five times after he was handcuffed and face down with his legs zip tied and hog-tied to his hands.
They later dragged him to another area so people who had gathered to take photos and videos couldn't see what was happening. The agents beat Hernández Rojas because he would not stop from crying out for help, according to the witnesses and video that survived.
The U.S. Department of Justice began a grand jury inquiry into the Hernández Rojas murder in 2012, but no indictments have been filed. The U.S. Department of Homeland Security has tried to cover up the homicide until the videos turned up to contradict the agents declarations of what had happened, which proved that the agents and supervisors had lied and attempted to cover up the Hernández Rojas murder. The Obama administration has been silent and seemed to have attempted to cover up the murder as well.
None of the agents involved in the Hernández Rojas brutal murder have been charged for felony murder and the supervisors involved remain on the job.
The Hernández Rojas murder case at the San Ysidro border crossing showed that a rogue group of agents and supervisors abuse undocumented immigrants at the border. They also had attempted to cover up their criminal acts and unlawfully seized cellphones from witnesses to delete criminal and damaging evidence.
The case of the Estate of Anastasio Hernández Rojas, by its personal representative Daisy Hernández and siblings, et v. United States of America has yet to reach a settlement. If no settlement is reached, the case will go to trial this year.
Hernández Rojas is survived by his wife and five children.
Shocking news video shows Mexican immigrant Anastacio Hernández Rojas, 42, tased and beaten to death by multiple U.S. Border Patrol and Customs and Border Protection agents while hog tied and hands behind his back in May 2010. USDHS coverd up brutal cold blooded killing by Border Patrol agents. https://youtu.be/5JCmHX1pVCU