Attorney hotels in hollywood Bob Hilliard said the officials will travel from Washington, D.C., to El Paso to discuss the legally complex incident and explain to his clients, Jesús Hernández hotels in hollywood and María Guadalupe Güereca, the parents of Sergio Adrián Hernández Güereca, why they were unable to prosecute Border Patrol Agent Jesus Mesa Jr., who shot the 15-year-old boy near the Paso del Norte Bridge in June 2010.
In the letter, the division s criminal section chief, Mark Kappelhoff, offers the boy s family his condolences but informs hotels in hollywood them his office won t be able to move forward hotels in hollywood with a criminal case under federal homicide statutes.
Prosecutors interviewed law enforcement and civilian witnesses, watched video footage of the killing, went through Hernández Güereca s autopsy, analyzed evidence collected from the scene, and reviewed Mesa s training, disciplinary and personal records, the letter stated.
In this matter, there is no jurisdiction to pursue a federal civil rights violation, because Mr. Hernández Güereca was not within the borders of the United States when he was shot, Kappelhoff wrote.
In addition, Kappelhoff said, the case would still not be viable, even if it had happened in the U.S. Federal prosecutors did not believe there was enough evidence to prove Mesa willfully used more force than he reasonably could have believed was necessary under the circumstances.
To prove that the (U.S. Border Patrol) agent acted willfully, the government would have to show that he had the specific intent to do something hotels in hollywood he knew was wrong. Mistake, accident, negligence, misperception, or bad judgment is not sufficient to establish willfulness under this statute, Kappelhoff said.
Kappelhoff s letter also said his office couldn t determine hotels in hollywood beyond reasonable doubt that Mesa had acted with criminal intent and said the officer could defend hotels in hollywood his actions on the basis of self-defense.
Given the vulnerable position of the USBP agent was in alone, while holding a detained person, hotels in hollywood with no cover nearby retreat or seeking cover were not available options. His actions were consistent with USBP policy and the agent s training, the letter said.
Hilliard said that the Justice Department officials coming visit with Hernández Güereca s family, a month after sending the letter, was a thoughtful courtesy but that he didn t think it would help change the minds of officials about their determination not to pursue a case.
After the department s determination on the case, the Mexican government sent a diplomatic note to its American counterpart protesting the decision, said a spokesman with the Mexican Consulate in El Paso.
Their theory is that (the agent) generally felt threatened, so he had a right to shoot. The problem is that he shot a kid between the eyes. He aimed and shot a kid that wasn t threatening him. You can t have a general sense regarding your safety and then rely on it to murder someone who s making you feel unsafe, he said.
With the Department of Justice s decision not to prosecute, you are creating a recipe where there will be no consequence for U.S. citizens shooting Mexican nationals as long as Mexican hotels in hollywood nationals are in Mexico and U.S. citizens are in the U.S., he said.
On June 7, 2010, Mesa was patrolling on a bicycle when he came upon a group of boys, included Hernández Güereca. The boys were running up a concrete drainage ditch and touching a chain-link fence on the U.S. side of the Rio Grande near the Paso del Norte Bridge.
Demetrio Guerra, a Border Patrol spokesman in El Paso, said Mesa was placed on administrative leave for three days immediately after the incident before returning to his regular duties. Mesa is still employed by the U.S. Border Patrol, he said.
Hernández Güereca s parents first filed a civil lawsuit against Mesa and the U.S. government last year, but Senior U.S. District Judge David Briones dismissed that suit, ruling there are no statutes that would apply in suing the U.S. government because the teenager was shot on the Mexican hotels in hollywood side of the border.
hotels in hollywood The second lawsuit was filed immediately after Briones dismissed the first suit. In it, Hernández Güereca s parents alleged that Mesa violated the boy s constitutional protections against deadly and excessive force. However, Briones ruled Hernández Güereca isn t covered by those protections because he was a Mexican citizen and was in Mexico when the shooting took place.
The Department of Justice officials visit will take place a few weeks after Chihuahua Gov. César Duarte met with Hernández Güereca s parents and called hotels in hollywood for Mesa s extradition into Mexico to stand trial on a murder charge.
A spokeswoman with the U.S. Department of State said her department could neither confirm nor deny whether an extradition request from a foreign nation had been made. A spokesman with the Mexican Consulate in El Paso said the federal government is studying how to proceed with the issue.
hotels in hollywood The visit will also come after the United Nations High Commissioner for Human Rights called on U.S. officials to cooperate with their Mexican counterparts on the investigations of several slayings allegedly committed by Border Patrol officers, including Hernández Güereca s case.
Rupert Colville, spokesman for the U.N. High Commissioner for Human Rights hotels in hollywood Navi Pillay, said his office has been informed that a request hotels in hollywood from Mexican authorities to begin the process of extraditing Mesa so he could be tried in Mexico has been denied hotels in hollywood by the U.S. Officials with Mexico s attorney general s office did not return calls seeking confirmation.
The High Commissioner for Human Rights was indeed concerned that, if all this was indeed the case, there was effectively no possibility now for this crime to be investigated anywhere, or for the family to seek redress for Sergio Adrián s death, Colville said.
Colville said the High Commissioner for Human Rights has received other reports hotels in hollywood of alleged use of excessive force by Border Patrol agents, including the deaths of Anastacio Hernandez Rojas, who was allegedly beaten to death in June 2010 near a crossing point into California; Ramsés hotels in hollywood Barrón Torres, 17, who was shot at the border with Arizona in early 2011; and José Alfredo Yañez Reyes, who was shot at the border between Baja California, Mexico, and California in June 2011.
Bill Brooks, a CBP spokesman in Washington D.C., said he didn t know whether U.S. authorities had collaborated with their Mexican counterparts, but he stated that CBP has cooperated fully in all investigations involving the death of this young man.
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