Judicial Watch • Mexico Threatens U.S. For Absolving BP In Illegal Alien Shooting

Mexico Threatens U.S. For Absolving BP In Illegal Alien Shooting

Mexico Threatens U.S. For Absolving BP In Illegal Alien Shooting

MAY 01, 2012

Mexico has issued the U.S. government what amounts to a diplomatic threat for exonerating a Border Patrol agent who shot an illegal immigrant near the Texas border nearly two years ago after being assaulted with rocks.

The shooting occurred in the summer of 2010 when the federal agent, Jesus Mesa, spotted a group of Mexicans crossing the Rio Grande near El Paso. U.S. authorities say Mesa fatally shot a teen (Sergio Hernández-Guereca) traveling with the group in self-defense after the teen and his friends threw rocks at the agent.

Last year a Texas judge dismissed a wrongful death lawsuit against the U.S. government but allowed a lawsuit against the agent to proceed. The Obama Department of Justice (DOJ) has spent the last two years conducting a “comprehensive and thorough investigation into the shooting” in an effort to file federal criminal charges against the Border Patrol agent.

But a few days ago the DOJ conceded that there is “insufficient evidence” to pursue federal criminal charges against Mesa. “The U.S. government regrets the loss of life in this matter, and the Civil Rights Division, the U.S. Attorney’s Office for the Western District of Texas, the FBI and the Department of Homeland Security devoted significant time and resources into conducting a thorough and complete investigation,” the DOJ says in a statement.

The lengthy probe was conducted by an army of federal officers from the FBI, Homeland Security Inspector General and top prosecutors from the DOJ’s bloated Civil Rights Division. They interviewed dozens of law enforcement and civilian witnesses and collected, analyzed and reviewed evidence from the scene of the shooting. This included civilian and surveillance video, police radio traffic, emergency recordings and volumes of Border Patrol agent training and use of force material.

Agent Mesa’s training, disciplinary records and personal history were also scrutinized. The team of experienced DOJ prosecutors examined the shooting as a possible violation of U.S. criminal and civil rights laws, but the incident did not meet the standard. Evidence indicated that the “agent’s actions constituted a reasonable use of force or would constitute an act of self-defense in response to the threat created by a group of smugglers hurling rocks at the agent…” the feds concluded.

They further determined that no federal civil rights charges could be pursued in this matter since applicable statutes require prosecutors to establish beyond a reasonable doubt that a law enforcement officer willfully deprived an individual of a constitutional right. That means with the deliberate and specific intent to do something the law forbids. Again, after a thorough review, the experienced federal prosecutors and FBI agents concluded that the evidence was insufficient.

The decision has been met with anger among Mexican government officials who have threatened to launch an international investigation. The Spanish-language news media presented the story as the exoneration of the American agent who assassinated a Mexican youth. In a diplomatic note from its secretary of foreign relations, Mexico’s government chastised the DOJ’s decision not to criminally charge the Border Patrol agent. 

Mexico has also threatened to conduct its own investigation into the DOJ’s handling of the case and has warned the U.S. to assure that Mexicans’ fundamental rights are being respected. The teen’s family, which lives in Mexico, has sued Agent Mesa despite the DOJ’s decision not to criminally charge him.

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  • stlouis_toyota

    The Mexican Government is almost as laughable as the Obama administration on this matter. For Mexico to be trying to tell America what to do with it’s policies is a joke. They need to reinvent their Country and grow some brains down there. Quit growing all the drugs and take the fields back and grow crops. Put your people to work and quit encouraging them to illegally cross the border so that their people can work in the USA stealing Americans children’s futures and make someting of Mexico. I am all for blowing away any invader that tries to harm any of our troops or border patrol agents down there. This aint the Alimo and it never will be again! Go Home!!!

  • Arlessia Griggs

    Okay so lets start doing the same thing to them when one of their people come across the border and kill somebody here. Ridiculous. I tell you what Mexico take all your drugs and citizens back that are not supposed to be here, we can start over and then we can talk about suing and investigating each other.

  • speakingoutnow

    If MEXICO is so unhappy, then I strongly suggest that they BUILD A LARGE FENCE to make sure that nothing like this ever happens again. It could protect the border and make sure that that hundreds of thousands of Mexican nationals that ACCIDENTLY make their way across the river packed to make a run for it…..geez….don’t keep being accused by us horrible racist Americans for being EXACTLY WHAT THEY ARE….Illegals!
    If our President, would stop kissing everyones butt on the planet and start enforcing our immigration laws and protecting the American…AMERICAN…people by securing the border…this might not have happened. Sad that it did BUT why do they think this is SO horrible and the death of our ranchers and Americans every single year at the hand of illegals in OUR country…don’t seem to count.
    Good lord.

  • Kypat

    I think our official policy should be to fire upon anyone entering this country illegally. No more kid gloves and I don’t care one iota what the Mexican government thinks about it. This is OUR country, not theirs. They should work to keep their people in their country. Our federal government needs to do their MAIN job and secure our borders. Their second most important job would be to deport all illegals.

  • Sandi Couch McInnish

    Mexico has long suffered from over population, under education, and a plethora of koolaid drinking followers. Everyone except them is responsible for their circumstances of same. Insert drug cartel…..blaming America for the drugs they grow, manufacture and transport to the U.S…….hmmm they have the solution……STOP growing, manufacturing and transporting into the U.S., common sense would Indicate that Americans can’t buy what isn’t available.
    The kids parents should be prosecuted……they failed their kid, America didn’t. They led by example…..they brought rocks to a gun fight…….or in their case a box of rocks with regard to law enforcement, international law, and as simple as respect for an adult……speed of the parent, speed of their offspring. I don’t pity the parents nor the kid who got what he deserved. I pity the border agent and his family……,by refusing to secure our borders, the President has failed us all.




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