Legal Beat
NOTICE: The cases cited here are for informational
purposes only. Always consult legal counsel prior to
initiating any action.
FAMILY TO APPEAL SUIT
DISMISSAL IN BORDER DEATHJuarez, MX - The family of a 15 year old Juarez boy who was shot and killed by a USUS Border Protection Agent last year will appeal the dismissal of their lawsuit against the United States.
Sergio Adrian Hernandez Guereca’s family filed the lawsuit alleging that Border Protection Agent Jesus Mesa Jr. “negligently, wrongfully, and tortuously caused the death of Guereca.”
Senior U.S. District Judge David Briones dismissed the suit on August 11, 2011, according to court documents. Briones ruled there are no statutes that would apply in suing the US Government since Guereca was shot on the Mexican side of the border.
In Juarez, Mexican media reported that relatives of the teen protested on the concrete banks of the Rio Grande holding signs and spray painting messages demanding justice and apparently threatening the Border Protection Agent. Messages stated, “Your death will be avenged” and “Jesus Mesa, you killed my brother. Show your face you coward.”
The Border Network for Human Rights held protests in El Paso after the deadly shooting, but did not participate in the latest protests. “This was a very unfortunate decision by the district judge,” the network’s executive director Fernando Garcia said on the group’s website. “The main argument in the ruling sets a precedent of impunity and a possible gross violation of international law. It tells our communities that border residents or migrants could be killed by a U.S. border enforcement agent with no judicial consequences. It is a sad day for justice.”
On June 7, 2010, Mesa was patrolling on a bicycle when he came upon a group of boys which included Guereca. The group was attempting to illegally enter the United States. Mesa took one of the juveniles into custody and the others escaped back into Mexico, where they immediately began to assault the agent by throwing rocks. Mesa had to not only defend himself from the potentially deadly incoming projectiles, but he was now responsible for the safety of the suspect he had in custody. Mesa had no choice but to return fire to stop the threat.
The incident became well known internationally when video was recorded on a cell phone and shown on television. Mexican officials have insisted on a full investigation while the family wants Mexican prosecutors to file murder charges as well. L ast year, the family said Guereca was a good student who stayed out of trouble. But U.S. officials said that Guereca had a history of illegally crossing into the United States. T he FBI is still conducting a civil rights investigation.
