Texas judge throws out suit in Mexican boy's death

The Associated Press/Washington Examiner ^ | 08/18/11

[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.

[calex59]

I still think the agent was in the right and should have shot. It is just too bad he didn't take out a few more of the little Bas****s while he was at it. If our government let's him be extradited for murder they are criminally negligent.

The number of incidents of the Mexican army becoming "lost" lately and crossing the border are inexcusable and should be met with armed force, including the frickin' helo that became "lost" and landed on American soil. The pilot and crew should have been sent back to Mexico sans helicopter.

Americans in most states don't have to retreat when under attack, why should our border patrol? Not shooting back simply empowers the little murderers to keep throwing rocks and later graduating to something even more lethal.

[Godwin1]

A rock thrown from a height by a stalwart young teenager can indeed be a lethal weapon. Armchair second guessers can speculate that the officer could have chosen a different option. But the fact remains that he was acting in self defense. A rare good judicial decision.

[the_daug]

Was Goliath killed by the rock or David removing his head with the giants sword sword?

[Polybius]

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.

David was not a "thrower", he was a "slinger".

For that era, a slinger's projectile was as "high velocity" as things got in warfare. The velocity that a slinger could achieve was so high that Roman writers said that slingers could pierce armor.

As far as range is concerned, the world distance record for slinging an 8 ounce stone is 375 yards.

Slingers were so deadly that the ancient armies valued them as highly as archers.

Let's just say that a 15 year old's arm is not in the same league.

The circumstances do not meet Police guidelines for use of deadly force.

The Police Policy Studies Council: ..... The decision to shoot someone is the most serious choice a police officer can make. Officers throughout the state are instructed that it is a last resort to be used only in the direst of circumstances. .... the decision to use deadly force must generally be made only to save an officer or someone else from great bodily injury or death. .... And an officer cannot simply claim he feared injury or death. The circumstances of the incident must be sufficient to excite the fears of a "reasonable" person under similar circumstances.

In this case, with the teenager on Mexican soil, all that agent had to do is to retreat beyond the range of a 15 year old's arm.

As I posted, the agent was not cleared and the case has been taken over by the FBI. Mexico may charge murder and request extradition. The fact that a U.S. Court has ruled that the 15 year old died on Mexican soil raises the possibility that it will progress to that.

[LevinFan]

How about we go out into a field. I’ll throw rocks at your head and we’ll see what happens. Check my record and you will see that I’m not the biggest fan of LEOs, but these kids asked for it. By the way, retreating is what they wanted him to do. The kids were supporting illegal boarder crossing.
You have heard of stoning people to death?

[Balding_Eagle]

Since when did "throwing rocks" become a death penalty offense?

It should be for every rock thrown at our Border Control Agents by illegals.

Since it's hard to tell the illegals from the legals, kill 'em all.

Now go and crawl back under your rock of willful ignorance.

[Osage Orange]

on another side of an impassable fence,

Only if that was true........

[Iscool]

Since when did "throwing rocks" become a death penalty offense?

How about when the rock thrower is throwing rocks at you with the obvious intent of causing bodily harm...

Every male on this thread that never threw rocks as a boy, raise your hand.

I have thrown thousands of rocks as a kid...But never once did I throw one at an officer of the law, or anyone carrying a weapon that can reach out and touch me...

Or are you suggesting they were just throwing rocks at an empty Tequila bottle they just threw on the ground???

[Iscool]

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.

How did the Border Agent collar the one illegal if he couldn't get past the fence???

[HiJinx]

Ping!

[montag813]

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.

You are an idiot, and a disgrace to FR.

These were NOT "mischievous teens". This so-caled "boy" had been detained a dozen times in TX and CA and was a known drug and human smuggler by ICE and the DEA. And this is a standard tactic of throwing rocks at BP agents to distract them so others can cross nearby. An agent has been KILLED and many seriously injured by rocks. In June, a 35-year old Mexican was shot and killed by BP agent after hurling a log with nails and striking an agent in the forehead, nearly blinding him. So go elsewhere with you pathetic ignorance.

[Ernie Kaputnik]

“...impassable fence...”

What friggin’ planet or dimension are living in? What an asshat you are. That is the most ridiculous and incredulous statement I have ever heard from a supposed rational FReeper.

FYI...I live in So. Cal. and can tell you that I have seen the “border fence” with my own eyes. It is more “passable” than the chainlink fence surrounding a school yard.

You’re an idiot.

Go pound sand, Jerk.

[Ernie Kaputnik]

“You are wrong.”

Uh, no. I am not wrong.

But as a matter of fact, you are a complete and total idiot.

What a maroon!

[politicalmerc]

Montag813, those who have little ability to make their point usually call names. The BP guard had absolutely no right to use lethal force. I don't give a crap if you want to say I'm not conservative enough for you or FR.

An agent has been KILLED and many seriously injured by rocks.

Really? or is that something you just made up on the spot? Even so, it isn't a legal justification to FIRE YOUR WEAPON ACROSS THE BOARDER you moron! I so rarely get angry enough with knee-jerk BS to call names but I'm so sick and tired of people on here like you who are a pathetic as liberals when it comes to tolerating someone else's opinion. You think,if I don't think like YOU then I'm a disgrace to FR? Whatever!

The teens were running up and "TOUCHING" the fence. That isn't a capital crime regardless of what this 15 year old had done before. (I also have no idea where you got your information about this kids record). Throwing rocks is also not a reason to kill someone. I'm amazed I even have to make an argument that obvious.