Posted on 08/18/2011 5:15:09 AM PDT by markomalley
A judge in West Texas has dismissed a $25 million wrongful death lawsuit brought by the family of a 15-year-old Mexican boy killed by a Border Patrol agent.
Senior U.S. District Judge David Briones on Aug. 11 threw out the lawsuit filed against the U.S. over the 2010 shooting of Sergio Adrian Hernandez Guereca of Ciuidad Juarez.
The El Paso Times (http://bit.ly/rmUHwn) reported Thursday that the ruling says the boy was shot while in Mexico and no statutes apply in suing the U.S. government.
(Excerpt) Read more at washingtonexaminer.com ...
si se peude
The Boarder Agent is a powerhead and a murderer. It was TOTALLY irresponsible of him to fire his weapon at young people who were not using or even threatening lethal force against him. He could have protected himself by retreating, firing into the air, or simply drawing his weapon and brandishing it at the youths. I don’t condone what the youths were doing but this was a TOTALLY irresponsible, overreaching act that should be punished. Please save me the constant illegal alien whine. These youths were not “illegal aliens” they were mischievous teens.
According to the article, the group of boys was on Mexican soil, throwing rocks, and the 15 year old was shot in the head while on Mexican soil.
This ruling might not be very good for the Border Patrol agent because Mexico may file murder charges and ask for extradition and Obama may agree to extradite.
Death is a highly underrated motivator
“Stop throwing rocks or I’ll tell you to stop throwing rocks again”
“firing into the air”
Really? And where would the bullet go?
Let me see if I understand this correctly.
A border patrol agent fired three shots at kids while standing on our side of the border across to their side of the border, killing one of the rock throwers. Because the kids feet were on Mexican soil we aren't responsible for any liability in his death? I can understand not extraditing him for a crime, but we also can't be sued for this? If the roles were completely opposite would we argue for the same decision?
Since when did "throwing rocks" become a death penalty offense?
Every male on this thread that never threw rocks as a boy, raise your hand.
Can you imagine if a Mexican Army soldier had shot an American teenager in the head, while the teenager was throwing rocks on American soil?
“firing into the air” Really? And where would the bullet go?
Well, for one thing, not into a 15 year old's brain.
But, the bottom line is that a weapon should not be fired, into the air or into a brain, unless you intend to use lethal force and are justified in using lethal force.
This Border Agent may end up being extradited to Mexico for murder.
“...they were mischievous teens.”
Yeah, well now they are dead mischievous teens.
CBP officers are law enforcement officers just like your local police officer or sheriff deputy. And guess what? If you throw rocks and bottles at them, they will probably shoot you, too. I have no problem with the agent’s actions. Nor will I shed a tear for the dead mischievous teen.
Your question is worded wrong. It should read, "Every male on this thread that never threw rocks at a law enforcement officer with the intent to do bodily harm raise your hand". I am quite certain most males would raise their hands.
Also, since when are rocks harmless. Muslims quite frequently kill people with them and getting hit in the head with a rock thrown by a young, strong teenager can cause serious injury or death. Throwing rocks at people should be considered life threatening, if the people you are throwing them at are armed it is also a very stupid thing to do.
I do not usually applaud cops(in fact I have no love for them generally), but this guy was within his rights to fire on the rock throwing "yutes".
I totally agree with you.
Duoh, throwing rocks and hitting a LEO in the head could easily be seen as attempting to commit murder. The agent has a responsibility to defend against such actions by someone trying to cause serious bodily injury. Don’t want to be shot then don’t be throwing rocks in an attempt to harm a immigration LEO. That’s simple enough to understand.
Since the crime (if you wish to say it was a crime) happened in Mexico then the Mecicin courts is the place for the legal action to be brought forth, not the US courts.
You are wrong.
If you were a Police officer, Ernie, and you claimed that you killed a 15 year old with a head shot, on another side of an impassable fence, because he was throwing rocks (when all you had to do was back away from the fence), you will be charged with murder.
That depends, Can you kill someone with a rock? Ever heard of something called stoning? It was a form of capital punishment.
"Stoning to death" has been a method of execution since pre-historic times. A rock is a potentially deadly weapon, especially if there are multiple rock throwers.
a) Never throw s**t at an armed man.Violent behavior at college campuses towards National Guardsmen pretty much ended after Kent State. Perhaps the Mexican teens needed a refresher.
b)Never stand next to someone who is throwing s**t at an armed man.
Can you imagine if a Mexican Army soldier had shot an American teenager in the head, while the teenager was throwing rocks on American soil?
I can't imagine a Mexican Army soldier tolerating some gringo throwing rocks at him under any circumstances.
Good luck with that tack.
David killed Goliath with a rock, it is a projectile weapon albiet a low velocity projectile weapon, but still a deadly weapon. Lethal force would and should be expected.
If I remember the original stories correctly the BP agent was trying to apprehend mexicains who were try to illegally enter the US, during that time a group of teenagers in Mexicao began throwing the rocks. IMHO the agent acted correctly in this case. He was performing his duties and was attacked.
See Post 14.
In this case the teenager was on Mexican soil and all that agent had to do is to retreat beyond the range of a 15 year old's arm.
" .... last resort to be used only in the direst of circumstances?"
Sorry, it won't fly.
As the article says, Mexico may charge him with murder and ask for extradition. Given the U.S. Court's ruling that the 15 year old died on Mexican soil, the Obama Administration may very well agree to such an extradition.
As thing stand right now, the Border agent may still be criminally charged by the U.S. The FBI is still investigating.
August 17, 2011 : The FBI says this case is currently pending and it is still under investigation.
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