Family of Mexican Teen Shot Pursues Lawsuit Against U.S. Border Patrol Agent

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Monday, April 30, 2012 - 5:52pm

The family of the Mexican teen who was shot by a U.S. Border Patrol Agent almost two years ago in Mexico is filing a lawsuit against the agent, and the U.S. Federal Government.

It's been almost two years since Border Patrol Agent Jesus Mesa shot and killed Adrian Hernandez Guereca after a confrontation at the U.S. Mexico Border, his father said they still haven't seen any justice.

"There are thugs, hit men and murderers. Why did they kill a child from the back why don't they confront the ones that have weapons? Those are the people you face not a child," Jesus Librado Hernandez said.

Adrian's family is currently suing the U.S. Federal Government including agent Mesa.

"The Justice Department of the United States has determined that they're not going to seek federal criminal charges against him for the shooting of my client in Mexico," the defense attorney Cristobal Galindo said.

Even if the U.S. Government doesn't seen any wrongdoing.

"You don't just shoot people because we think that we can get away with it we shoot people because your life is in danger or you actually feel like there's no other options," Galindo said.

The U.S. Department of Justice says they reviewed evidence and the agents 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 and his detainee.

But, some say their policy is flawed.

"Border Patrol trained him, Border Patrol told him when to fire his gun and under what circumstances it was their policy where he could shoot," Galindo said.

"Any person who sees this knows that it was a violation of rights and that my government hasn't been supporting us enough. They say that they support us but the man is getting away with it. I don't see a solution," Librado said.

The attorney says he hopes to see progress on this case by the end of the year.
He adds that the actions of the U.S. Justice Department will not stop the lawsuit from going forward.

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