Mexican government officials blasted the U.S. government for ”failing to prosecute a Border Patrol agent” who admitted he shot an illegal alien at the U.S.-Mexican border nearly two years ago. An investigation revealed that the agent was being assaulted with rocks thrown by a gang of Mexicans, according to a legal watchdog group based in the nation’s capital.
The controversial shooting incident occurred in the summer of 2010 when the federal agent, Jesus Mesa, spotted a group of Mexicans crossing the Rio Grande near El Paso. U.S. authorities say Mesa fatally shot a teen (Sergio Hernández-Guereca) traveling with the group in self-defense after the teen and his friends threw rocks at the agent, according to Judicial Watch.
Last year a Texas judge dismissed a wrongful death lawsuit against the U.S. government but allowed a lawsuit against the agent to proceed. The Obama Department of Justice (DOJ) has spent the last two years conducting a “comprehensive and thorough investigation into the shooting” in an effort to file federal criminal charges against the Border Patrol agent.
But a few days ago the DOJ conceded that there is “insufficient evidence” to pursue federal criminal charges against Mesa. “The U.S. government regrets the loss of life in this matter, and the Civil Rights Division, the U.S. Attorney’s Office for the Western District of Texas, the FBI and the Department of Homeland Security devoted significant time and resources into conducting a thorough and complete investigation,” the DOJ says in a statement.
According to law enforcement reports, fifteen-year old Sergio Hernandez-Guereca was shot in his head as U.S. Customs and Border Protection agents tried to detain two men who had crossed into the United States illegally near the Paso del Norte Bridge in El Paso, Texas. The teenager was pronounced dead at the scene.
A federal law enforcement officer told the Law Enforcement Examiner that Hernandez was with a gang of youths throwing rocks at the agents. The anonymous law enforcement source stated that witnesses claimed one agent fired several shots toward the group, but Agent Mesa claimed he acted in self-defense.
Mexican officials, including President Felipe Calderón, denounced the teen’s death. The country’s secretary of state said the use of firearms was a “disproportionate use of force” in response to rock throwing.
However, police use of force experts have told the Law Enforcement Examiner that the throwing of rocks by a suspect is considered use of deadly physical force according to the “Resistance/Force Continuum.”
“There appeared to be no doubt that the border officer was being attacked using rocks. All you need is a direct hit on the skull by a rock to cause permanent brain injury or even death,” said Lieutenant Richard Fierra, a charter member of the Society of Police Black Belts and an expert in use-of-force training.
The Justice Department claims it conducted a comprehensive and thorough investigation into the shooting, which occurred while smugglers attempting an illegal border crossing hurled rocks from close range at a CBP agent who was attempting to detain a suspect.
The decision has been met with anger among Mexican government officials who have threatened to launch an international investigation. The Spanish-language news media presented the story as the exoneration of the American agent who assassinated a Mexican youth. In a diplomatic note from its secretary of foreign relations, Mexico’s government chastised the DOJ’s decision not to criminally charge the Border Patrol agent.
Mexico has also threatened to conduct its own investigation into the DOJ’s handling of the case and has warned the U.S. to assure that Mexicans’ fundamental rights are being respected. The teen’s family, which lives in Mexico, has sued Agent Mesa despite the DOJ’s decision not to criminally charge him, according to the Judicial Watch blog.








