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Latino Daily News

Monday April 30, 2012

Border Agent that Shot Mexican Teen Faces No Criminal Charges, Being Sued by Family

Border Agent that Shot Mexican Teen Faces No Criminal Charges, Being Sued by Family

Photo: Border patrol kills Mexican teen.

Click Here to Enlarge Photo

The lawyer of the family of a 15 year-old Mexican boy killed by a U.S. Border Patrol Agent in 2010 says plans of a lawsuit are still underway despite the fact that U.S. prosecutors decided not to criminally charge the officer with any offense.

The Mexican family insisted that by no means it will drop their charges.  The clearance by the Department of Justice means they do not believe the agent broke the when he shot the teen.

Robert Hilliard, attorney on the case, said that there is no evidence that the boy Sergio Hernandez-Guerca threw rocks at agent Jesus Mesa Jr. Mesa shot the boy who he claims was throwing rocks at agents, while trying to arrest illegal immigrants crossing the Rio Grande, and the whole shooting was caught on video.

The Justice Department and the U.S. Attorney’s Office for the Western District of Texas announced also said there is insufficient evidence to pursue federal criminal charges against the U.S. Customs and Border Protection agency.

Under the applicable civil rights statutes, prosecutors must establish, beyond a reasonable doubt, that a law enforcement officer willfully deprived an individual of a constitutional right, meaning with the deliberate and specific intent to do something the law forbids. And since the case is so poorly evidenced, the Department concluded that no civil rights charges could be made without any proof.

The Department of Justice interviewed 25 witnesses. 

A Texas judge dismissed the wrongful death lawsuit against the U.S. government but did allow the lawsuit against Mesa to proceed.