Family of Mexican teen killed by border agent sues

Tuesday, January 18, 2011

EL PASO, Texas (AP) — A federal lawsuit filed Monday in Texas accuses the U.S. Border Patrol of wrongful death and civil rights violations in an agent’s fatal shooting of a 15-year-old Mexican boy in June.

The lawsuit filed in El Paso on behalf of the family of Sergio Adrian Hernandez Guereca seeks $25 million in damages from the U.S. government. The agency has not released the name of the agent involved in the shooting.

The Border Patrol agent shot and killed Hernandez on June 7 while trying to arrest illegal immigrants crossing the bed of the Rio Grande. According to the lawsuit, FBI spokeswoman Andrea Simmons has said a group of people on the Mexican side were throwing rocks at agents. Agents are generally permitted to use lethal force against rock throwers.

But witnesses have denied the reported rock-throwing, family attorney Bob Hilliard of Corpus Christi, Texas, said Monday.

A message left with a spokesman for U.S. Customs and Border Protection in El Paso was not returned Monday, which was a federal holiday.

Federal arrest records obtained by The Associated Press shortly after the June 7 shooting showed the Ciudad Juarez teen had been arrested at least four times since 2008 and twice in the same week in February 2009 on suspicion of smuggling illegal immigrants across the U.S.-Mexico border. He never was charged with a crime.

It their lawsuit, Hernandez’s family contends the teen and his friends were running up to the barbed-wire U.S. border fence, touching it, then scampering away when a border agent detained one of the boys. Hernandez had retreated and was watching the scene from beneath the international bridge when the agent pointed his gun across the border and fired twice, fatally wounding the boy with at least one wound to the face, according to the lawsuit.

“More U.S. border agents arrived on scene, the shooter picked up his bicycle, and then they all left. No one took any action to render emergency medical aid to Sergio, leaving him dead or dying beneath Paseo del Norte Bridge in the territory of Mexico. Shortly thereafter, Mexican police arrived on scene and pronounced Sergio dead,” the 38-page complaint stated.

Hilliard said the teen “had no weapon and was no imminent threat to the officer” and that witnesses have told a grand jury the boy was an innocent bystander.

“Flip the situation. How would the American people respond if the (Mexican) federales fired a shot across the border and killed a 15-year-old American boy?” Hilliard said.

Federal officials had previously spelled the boy’s maternal name as Huereca, but the family’s complaint says the correct spelling is Guereca.

More like this story

usmc00 2 years, 4 months ago

I am sure the witnesses are mexican too. I wish they would just stay in mexico and leave our country alone. Why can't they just stay there. There always so proud of where they come from displaying there countrys flags in cars and not an american flag. They just need to stay where they come from if there so proud.

JCLifer 2 years, 4 months ago

They are ILLEGAL INVADERS.

Secure our borders now!

asb 2 years, 4 months ago

Your bigotry reaches new heights . . . American busnisess and labor brokers bring them here. If they "left us alone" the price of everything you buy would jump substantially. At this point you've no idea who was defending themselves, kids or cops, that's what the suit will determine. And, if they were on the Mexican side of the border they weren't illegal or invaders. Let no fact be examined or considered. Keep the pitchforks handy and torches close at hand. Something evil is at the gate, looking for promised work, that you wouldn't do for twice the pay.

usmc00 2 years, 4 months ago

I will gladly pay more to keep these illegals out of the US. I am tired of paying for there health care and time in prisons and jail. They are costing the us more this way then what they are worth to be here and work for low labor. We are still paying one way or another. Id pay more for my goods to let good legal AMERICANS work. They can work in there own country and live there like the other countrys do. This is why we inport goods we want cheap.

asb 2 years, 4 months ago

Marine said "They are costing the us more this way then what they are worth to be here and work for low labor." The folks who benefit the most from the present system are the corporations that recruit and underpay the illegals. Your fear of them will not prevent this and the profits will continue.

karaokequeen 2 years, 4 months ago

And.....don't forget the drug wars and drugs they bring into the US....Thank you Canadians for being so wonderful!!!!

asb 2 years, 4 months ago

They take drugs to Canada too, because the Canadiens want Mexican drugs, and Canadiens don't like it here so they don't immigrate. BTW if Canadiens could grow good pot they'd sell it to us. The drug wars would disappear if we'd regulate rather than outlaw drugs.

jmon3000 2 years, 4 months ago

technicaly them coming over to our country illegaly is considered an invasion so tell mexico to stop them or its war. also we should shoot them once they hop over to save money instead of imprisoning them. and i want to buy up some land right next to the border and snipe out everyone that jumps over

soxfan 2 years, 4 months ago

they sure cause a lot of trouble dont they-every where don l chicago

asb 2 years, 4 months ago

"technicaly them coming over to our country illegaly is considered an invasion." Not so, they're invited to work, recruited by organized labor brokers, allowed in large part to come here by corrupted law enforcement, and payed less than you'd work for. As for war against Mexico . . . we should thank them for the cheap labor. As for shooting them . . . you're just trolling now, or you're quite ill and likely to end up in a padded cell with Loughner.

wcywing 2 years, 4 months ago

i doubt the family will win, because US citizens have a hard enough time to win against the US government in wrongful death, especially with the police. have there been settlements, yes, but actually victories are few and far between.

MK 2 years, 4 months ago

If it happened they way its described in this article, its murder. The agent should be extradited to Mexico to face charges just like we would be asking them to do if the situation were reversed. If the evidence shows the above story to be true and the U.S. is too weak in the knees to do what's right then at the very least this agent should be relieved of his job. We don't need murderous jerks wearing a badge and a uniform being paid through taxpayer money committing crimes while enjoying greater immunity from prosecution than most of the rest of Americans do.

If he shot that kid in cold blood, hang the murderer is all I have to say.

usmc00 2 years, 4 months ago

I would give him a medal one less person to pay for three meals a day and healthcare. The mexican was in the wrong screwing with the Border. He knew better I am sure. I hope he was used as an example for the others trying to come here illegaly.

asb 2 years, 4 months ago

So you'd make drug dealing a capital offense then? With no trial? No due process? Or just for illegals? Even if he were a drug smuggler, that's cause for lynch justice? Your racism is so clear here. Your fear of non-you is disgusting. Your hatred of good people wanting a better life and dying trying to live it is so counter to fundamental American and Christian values that . . . that . . . oh wait, it's exactly what I'd expect. Stay true to you tool fools.

usmc00 2 years, 4 months ago

Your little drug dealing buddies always end up murdering someone in the process when the deals go bad. If our American Christian values offend your catering to criminals perhaps your living in the wrong country. You are more then free to go join them,

DanKleindienst 2 years, 4 months ago

Personally I think all drug runners should be shot, and I dont care what color they are

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