Attorney’s representing the family of Sergio Adrian Hernandez Güereca, the 15 year old teen wantonly murdered by US Border Patrol Agent Jesus Mesa Jr in 2010, continue to accuse the US Department of Justice of a coverup in the crime, citing their refusal to release and make public videotapes of the incident.
These tapes disprove the FBI’s claim that Mesa was “surrounded by the youths” and in fear for his life when he shot across the Rio Grande striking Guerca in the eye, killing him instantly. In this case, the governments claim of “Self Defense” goes out the window.
Steve D. Shadowen, a lawyer with the Austin law firm Hilliard & Shadowen, told the El Paso Times that he and the boy’s parents viewed the videotapes during a June 5 meeting with U.S. Department of Justice officials in El Paso.
“During that meeting, the DOJ representatives showed us three videotapes of the incident, the infamous cellphone video taken by a passer-by, the Border Patrol’s own videotape of the incident, and videotape from a railroad company,” Shadowen said.
“DOJ had synchronized the three videotapes, so the viewer could see the (Border Patrol agent) and a large expanse of land — I’d estimate 50 yards — all around him.”
“These videotapes confirmed that the agent was not surrounded by anyone. They also confirmed that (Hernandez) had not thrown any rocks at the agent or anyone else,” Shadowen said.
“I say the videos ‘confirmed’ because the lead DOJ lawyer on the criminal investigation had previously told me and Bob Hilliard on a telephone conference that the inquiry had shown that (Hernandez) had not thrown any rocks.”
Let’s emphasize that last statement:
“The lead DOJ lawyer on the criminal investigation had previously said in a telephone conference that the inquiry had shown that (Hernandez) had not thrown any rocks.”
Did everybody get that? Yet immediately after the shooting, after other agents had arrived on the scene to assist Agent Jesus Mesa Jr and exchange pats on the back (as witnessed by pedestrians on the bridge) with each other, the agents left the scene laughing, not bothering to render aid to their victim. And almost immediately, the El Paso station, and the Border Patrol union were on the defense of Mesa, painting Guerca as one of the Border Patrols most wanted and releasing a very suspect and hastily contrived “rap sheet” for the 15 year old. Even if there was one bit of truth to their claims, I’ve always thought that juvenile records were not subject to public scrutiny or release.
Shadowen said DOJ officials allowed him and the parents to see the synchronized videotapes only once.
Again, according to the story in the El Paso Times;
In the one viewing, which is the only viewing I have ever had, I saw only one person throw one rock at the agent, and that person was not anywhere near (Hernandez), and was at least 25 yards away from the agent,” Shadowen said. “DOJ representatives later told me that, when you view the tapes in slow motion, you can see that more than one rock was thrown. But the DOJ reconfirmed that the videotapes show that (Hernandez) never threw any rock.”
To better understand why there have been a rash of killings by Border Patrol agents recently, where the agents shoot across the border into Mexico, doing so with the knowledge they’ll get away with it, one only has to look at the ruling of Senior U.S. District Judge David Briones who February dismissed a lawsuit by Hernandez’s family.
Briones ruled that a U.S. court cannot review whether an agent’s conduct in such circumstances was lawful, and that constitutional limits on use of excessive force did not apply because Hernandez was not a U.S. citizen and was standing on Mexican soil when he was shot.
A license to kill with impunity and no worries of being prosecuted for the crime.
Jesús Hernández and María Guadalupe Güereca, the plaintiffs and Hernandez’s parents, appealed and the basis of the appeal to the 5th Circuit Court of Appeals in New Orleans is the content of these videos the DOJ refuses to make public.
Earlier, the DOJ refused to pursue charge of civil rights violations claiming jurisdictional conflict.
Doug Mosier, spokesman for the Border Patrol-El Paso Sector, said: “It is not in anyone’s interest to comment at this time on ongoing litigation.”
A spokesperson for the U.S. Attorney’s Office, Western District of Texas, was not available for comment late Tuesday.
[info_box] Perhaps the best of the video showing the murder of 15 year old Sergio Hernandez Guerca by BP Agent Jesus Mesa Jr. Notice how Mesa is wearing a helmet and specifically aims at Hernandez.[/info_box]
35 years in the trucking business and living in Mexico for the past 15 years, make me uniquely qualified to offer my insight and opinion into the Mexican trucking industry and other border issues. A contributor to SiriuxXM Road Dog Channel 106 and to the award winning Lockridge Report, Mexico Trucker Online continues to publish the unvarnished truth about the subjects we cover.