Posted on 07/17/2013 12:34:23 PM PDT by SwinneySwitch
EDINBURG — An Hidalgo County grand jury has begun to examine the deaths of two unauthorized Guatemalan immigrants shot by a state trooper who was perched in a helicopter as he sought to blow out the tires of a fleeing pickup truck in October.
A grand jury review is standard practice for all police-related shootings, said Murray Moore, Hidalgo County assistant district attorney.
The review of the case is expected to take at least two weeks so that panel members can determine whether Trooper Miguel Avila should face criminal charges for the shooting, Moore said.
Avila was the sniper aboard the Texas Department of Public Safety helicopter that responded to a chase Oct. 25 as nine Guatemalan nationals suspected of illegal immigration rode in a red pickup driven by a 14-year-old boy. In an effort to avoid being seen by police as they were moved, some of the immigrants were hiding under a tarp in the bed of the pickup.
The teenager sped off when Texas Parks and Wildlife game wardens tried to pull the vehicle over just north of La Joya, thinking it was carrying marijuana bundles.
As the chase continued, Avila was given authorization to fire his .223-caliber rifle toward the pickup to blow out its tires — a tactic that DPS had used in the past during drug chases. The Texas law enforcement agency never released the number of shots fired at the vehicle, but a Monitor photograph of the vehicle taken shortly after the shooting shows several holes near the rear, driver’s-side tire.
Since the shooting, DPS has changed its policies so that it no longer allows troopers to fire at fleeing vehicles under similar circumstances.
The teen driver is a Mexican national who has been arrested various times by authorities on human smuggling charges and has been deported after each arrest. Most recently the teen was arrested in June by Border Patrol agents and deported.
The teenager is now considered a fugitive after 449th state District Judge Jesse Contreras issued a warrant for his arrest.
“unauthorized immigrants” HA! Invading foreigners.
I can’t help but thinking that shooting from one moving vehicle at another is an inherently risky task. If those had been US citizens running from the law we would be outraged.
I agree. I have always demanded that cops be held personally responsible for shootings. However, in this case the shooter was “authorized”. I would prefer to hold the bureaucrat who wrote the policy personally responsible, both criminally and civilly.
I think the trooper doing the shooter can say he didn’t know people were in the back of the truck, and he was following SOP.
But this business of Ready, Fire, Aim, has got to stop. The only way to reduce police shootings is to hold people personally responsible.
I'm sure it's happened, and I'm sure they keep it quiet when it does.
Who does this guy think he is, Lon Horiuchi?!?
Fraid so. Doesn’t matter if it was illegal aliens. Until the rules change, the shooter should be prosecuted - and so should his boss!
What I want to know is why it fell to the Texas DPS to shoot these criminal invaders and not the Border Patrol, DHS, USAF, or National Guard?
If those had been US citizens running from the law we would be outraged.
But they weren’t, They were criminals coming into our country uninvited.
Shooting criminals—No harm no foul.
What ever became of dear old Lon after he was dumped in that advertising fiasco?
If he had used a 20mm, he’d only have needed 2 or 3 shots. But I guess that would create potholes.
Somewhat off-topic, but I think this should be the case for all violent deaths.
The SYG law here in FL as it now stands I think made things worse for Zimmerman.
When someone dies in a shooting, the decision whether to classify it as justifiable should not be left up to an administrative decision by elected or appointed officials. When this was done in the Zimmerman case, it looked initially to many people like police/prosecutor collusion.
If Zimmerman had to go through something like a coroner's inquest or a grand jury hearing, then there would have been a judicial decision that would have barred future harassment, as the SYG law states. As it now is, without such a hearing and determination, the possibility is always there that some future official, for political reasons, reopens the case and files charges.
I think a simple hearing to settle that the shooting was justifiable is not too much to ask anybody who takes another life to go through.
Give them open season with no bag limit on ILLEGALS, and watch how fast the invasion stops.
I always figured he had to go underground and assume a new public identity. He's probably still working for the Feds, however. They can always use guys like Lon.
That was a very public appearance to do an endorsement. Do you really think he’s looking over his shoulder.
I don't know for sure... but I sure hope so.
What I want to know is why it fell to the Texas DPS to shoot these criminal invaders and not the Border Patrol, DHS, USAF, or National Guard?
I'll bet it's got something to do with respect for the law.
We don’t have to do that.
Deny access to public schools unless you can show and verify a green card, deny medical care unless you can pay cash. Can’t rent or buy a home without proof of citizenship or a green card. No welfare benefits to anybody on a green card.
Problem solved. Nobody killed.
Well, the problem I see with your solution is that it would work.
That’s just stupid on so many levels.
The skill required to pull off accurate fire from a moving and even stationary helicopter is ridiculously filled with improbabilities.
It shouldn’t be done except against violent criminals.
The risk for errors is just too high.
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