Case Dismissed in Border Patrol Shooting of Mexican Boy

Case Dismissed in Border Patrol Shooting of Mexican Boy

POSTED: Thursday, August 18, 2011 - 4:19pm

UPDATED: Friday, August 19, 2011 - 10:56am

EL PASO-A  Mexican family's fight against the U.S. is at a standstill.  A federal judge dismissed their lawsuit that holds the federal government responsible for the death of their 15-year-old son.

In June of 2010 the body of Sergio Adrian Hernandez Guereca lied on the Juarez side of the U.S./Mexico border. Moments before, El Paso Border Patrol Agent Jesus Mesa shot him in the head from the U.S. side. That's why Federal Judge David Briones dismissed the lawsuit. The deadly shooting happened in both countries.

"It’s never a good day when your case is dismissed but the fight has always been this issue and we were aware of it as was the family from the beginning," said Bob Hilliard.

Bob Hilliard, the family's attorney who's based in Corpus Christi, told us the judge's hands were tied.

"Judge Brionnes really given the current state of the law had no choice. We have a very wise judge and he understands that this issue has to be clarified by the appellate courts," said Hilliard.

Hilliard says the way the judge severed the United States as a defendant and dismissed the lawsuit will allow a higher court to rule on the case. A legal process that will be lengthy, but much needed since there is no set precedent for a shooting like this one.

"We are going to go forward with the lawsuit as it relates to the border patrol agent because that lawsuit did not get dismissed as it relates to him, and we are going to appeal the decision to dismiss the United States government," said Hilliard.

Hilliard says in the meantime, the boy's family will continue to fight for justice.

"They were hopeful that what they view as a cold blooded murder of their son would be addressed through the legal system," said Hilliard.

The family is hoping to gain 25 million dollars from the lawsuit. They say the boy was playing near the border before the shooting happened, which contradicts the FBI's account of what happened. The FBI says the boy was throwing rocks at border patrol before he was shot.

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Junior30, and raoulu, are you two serious? The guy worked for the cartels, the cartles gave them money to keep their mouth shuts. All they want is the 25 million, I bet you two are from Juarez. He was doing his jog, im sure he didnt sit there and thought of where to shoot him, turned out he popped him in between the eyes. I thank him for securing our border, and thanks judge for protecting out government. We are not giving that loser family 25 million just because.

The young man was a career criminal working for the Mexican crime gangs running that country. He and his associates were using deadly weapons against the officer. He responded in protection of his life. This is just another case of an 'ambulance chaser' looking for a big payout willing to represent anybody for anything! The judge was 100% right in this decision.

Another example on how messed up and unfair our judicial system is its just sad. Just remember theirs one justice no one can escape that is the divine justice.

They have the right to appeal; of course, the govt will cover their side of the story. The agent should have aimed elsewhere, but not on the head.

Shooting one-handed at 30 or more yards while struggling with another one of these alien-smuggling punks; yeah, he sure had time to aim for the head! But heck, the piece of garbage did get hit in the head, and he deserved every bit of it.

Do you all really have to mention his name? Might as well give them the rest of his information. KFOX 14 didn't even do that. As for the case being dismissed, GOOD JOB JUDGE!!!

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