Posted on 09/03/2008 11:54:26 AM PDT by BGHater
YUMA, Ariz. -- An illegal immigrant who was struck and severely injured by a U.S. Border Patrol vehicle that also hit and killed his daughter is suing the government.
Lawyers for Juan Cruz Torralva accuse Border Patrol agent Gregorio Garcia of driving recklessly on the night of March 5, 2006, when he ran over Cruz and his 12-year-old daughter, Lourdes Cruz Morales, in the desert near Dateland, Ariz.
Cruz and his daughter were on the final leg of a three-day trek across the border when they were hit. According to the suit filed last month in U.S. District Court in Tucson, Garcia was driving across the desert after another group of illegal immigrants at such a high rate of speed that he could not control his pickup or avoid hitting Cruz and his daughter.
The patrol has said previously that Garcia never saw the father and daughter because they were hidden behind a bush that was in the path of the vehicle.
Lourdes died at the scene. Cruz was briefly held by authorities on a child endangerment charge after he was released from a hospital, but Yuma County prosecutors declined to file formal charges.
"There are collateral damages to Mr. Cruz Torralva for which he is suing," said the family's attorney, Candy Camarena of Yuma. "He was left incapacitated for life. He returned to Oaxaca, where he is from. He is a peaceful, honest, working man who lost his daughter."
Spokesmen for the Border Patrol's Yuma Sector headquarters declined to comment on the lawsuit. Jaime Castillo, spokesman for the Border Patrol in Washington, D.C., said he had no information about the lawsuit and could not comment.
(Excerpt) Read more at kpho.com ...
Well, if they were LEGALLY IN THE COUNTRY, then they should have grounds.
Since they WEREN’T HERE LEGALLY, any thing that happens to them ought to be merely grounds to encourage them to head back home.
Lets' see...this "honest" man was illegally entering the USA.
If you get injured or killed during the commission of a crime that’s your problem. They should have charged the illegal with murder because someone died as a result of his criminal actions.
bump
for the AFIRE ping list
I just picked it up before you pinged. It’s one of those days I can pick some up instead of having to get them all first thing in the morning. Doesn’t always happen, but it’s nice when it does...
I so wish some judge would not only throw the case out, but make the LAWYER pay all court costs out of his pocket.
susie
Lawyers should be disbarred for aide in a criminal activity.
They guys should be made to pay for any damage to the Humvee.
The mexican govt should pay the man for encouraging him to commit a crime.
The prosecutor was kind enough to let it go because the man had suffered enough for his actions by losing his child, because of his injuries, and since he was being deported he wasn't a continued threat to people in his jurisdiction.
However, that kindness was apparently unwarranted. It this ungrateful man who is criminally responsible for his own daughter's death wants to play the lawsuit lottery instead of taking responsibility for his actions, the prosecutor should file the charges.
A peaceful honest man does not force his daughter to hide behind a bush evading BP.
Did Mexico pay for the airlift to Yuma? I don’t think the gas station that is Dateland could handle more than a few bandaids.
You are correct. At minimum, he should be charged with negligence resulting in a death and reckless endangerment of a minor child.
I’m sorry about his daughter, but he’s the one who put both of them at risk.
Wanna bet that the illegal wins his suit. Before this is over the BP agent will probably be charged with involuntary manslaughter.Just wait.It’s gonna happen
Sorry to hear a little girl died but her presence in such a situation is the fault of the father, not the BP.
ping
Perhaps he can hire the Cochran Team .
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