Family of Mexican Boy Shot by Border Patrol Agent Sues for $25 Million


POSTED: Monday, January 17, 2011 - 5:46pm

UPDATED: Tuesday, May 1, 2012 - 9:44am

The family of the Mexican teenager who was shot in the head by a border patrol agent last June is filing a lawsuit against the United States Government and U.S. Customs and Border Protection.

Attorneys for the family of Sergio Hernandez Guereca announced the lawsuit in a news conference in Corpus Christi earlier today.

They say his parents want justice, they're asking for $25,000,000.

Sergio Adrian Hernandez Guereca was shot last June in Juarez by a U.S. Border Patrol agent.
His family says he was playing with his friends, the FBI says he they were attacking a border patrol agent

Attorneys, Bob Hilliard and Cristobal Galindo held a news conference speaking on behalf of Sergio's family who is filing the lawsuit.

Sergio was shot twice, once fatally in the head.

Hillaird says the shooting was murder.

"It's clear from talking to eye-witnesses and from reviewing the video tape that Sergio was murdered," Hillaird said.

Hillaird says a full investigation would be done if an American teenager had been shot and killed by Mexican Federales on American soil.

Officials in Washington D.C. Say that Sergio Adrian Hernandez had been arrested in the past for human smuggling, but the lawsuit doesn't mention that.

Hillaird says the border patrol agent intended to kill the teen.

"He was standing on the Mexican side of the border, he was unarmed and he was 15 years-old," Hillaird said.

Galindo says the parent's want their questions answered.

"They don't understand how it works here in the United States. All they know is that their son was killed, they want to have an answer and they want to have it soon," Galindo said.

Hillaird says the parents remain devastated and their son was their life.

"They're worried that there won't be justice, they're worried that because they're from Mexico that no one will listen to them, that no one will care that they lost a son," Hillaird said.

The family's attorney says Sergio was like many young teens in Mexico and that one day he wanted to become a soldier or a police officer.

We will continue to follow this lawsuit and keep you updated.

Comments News Comments

I am a 6th generation Texas and have always been proud of that fact. However, when this teen was killed for throwing rocks, my pride moved to shame. Do u really mean that one of the supposedly best trained law enforcement community in the world has no better response to teens throwing rocks than to shoot them? and across an international border? If that's the best training out money can buy, we're in sad shape. People, it could have been ur son or daughter.

I agree with Pamela! You people obviously don't know the story full hand - you are all accusing by word of mouth instead and are obviously full of hate! WATCH THE VIDEO!!! That poor kid was being a teen and was no threat to our society, He was throwing SMALL rocks at the officer after the officer crossed their land to drag one of the kids into ours, he was trying to help his friend! You people are pathetic and have no respect for human life! My heart goes out to his family!

This in a Country where they decapitate people....they make the Taliban look like outstanding citizens. Bring another rock to a gun fight and see what happens quey.....

I saw the video on the actual shooting, and the kid seems to be approx. 35 yards or more away, so unless he is extremely strong which from his picture does not seem to be, there is no way that he could have reached the agent with a rock big enough to kill him. It would have been much more reasonable to simply take the prisoner further away from the fence, out of harms way, but since most CBP agents are racist we saw the opportunity of killing someone he hates.

Money Money Money...this is what its all about. The kid was doing something against the law and to the law. There was a third person and shot in the video that came out the day it happened. What was that about? And the mexican police officer who took evidence from the area. They need to use them not us and them see how much they would get from that. We are always made to look like the bad guys but in this case its clear. The BP was only protecting hisself and his captives. Leeches is right.

we are the bad guys. the mexican police didn't shoot this kid. for those of us that live in el paso, this is outrageous. u'd be singing a different tune if this was ur son.

rRegardless of him being a Mexican National, on this side of the border or not, hurling a stone with the intent to hurt a peace officer, he should have known the consequences. my heart goes out to his family, but he was involved in a potential criminal assult, and the agent was protecting himself. Sounds like a case of some blood sucking leech attornys looking to make some money on this. But im sure we will bend over to placate the Mexicans on this.

Its a simple payment and they are are going to the courts cuz they know the U.S. wlll pay because of the bad press.

He was in U.S. territory attacking a BP agent. Enough said!

So a U.S. citizen teenager now has the right to go over to the mexican border and attack a cop? I don't think so.

The mexican goverment is responsible for the safety of its citizens and remind them the consequences of treading in U.S. territory illegally and conducting illegal activity.

You guys need to disable comments on reports.

ur a freakin low life loser... u damn jerk he's human just like u!!


The little SOB got just what he deserved, IMO. What I heard from speaking to other Border Patrol Agents is that the kid was in the process of propelling a large rock at the agent, not a small stone like the media would have you believe, which could have killed him. Just because the perp was a juvey AND a mexican he is instantly absolved of any wrongdoing. Too many U.S. ambulance-chasing lawyers drooling over cases like this. The Border Patrol should counter sue the parents.

A United States citizen is defined as anyone born or naturalized within the jurisdiction of the United States of America or its territories. The body of the original Constitution defines only the three branches of government: Legislative, judicial and executive. Citizens' rights are outlined in the first 10 amendments to the Constitution, the Bill of Rights.

SO ARE Family Of Teen Killed By Border Patrol Agent citizen of the United States

In accordance with the Citizenship Clause, part of the Fourteenth Amendment to the United States Constitution, citizenship may be acquired automatically at birth or through the process of naturalization: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." The Constitution, in Article One, gives to Congress the power "To establish a uniform rule of naturalization."

Citizenship in the United States is a status given to individuals that entails specific rights, duties, privileges and benefits between the United States and the individual. Citizenship is a legal marker identifying a person as having a bundle of rights, including the right to live and work in the United States and to receive federal assistance and government services.[1] Most persons who undergo naturalization do so to get permission to live and work in the nation legally. American law permits

In Mexico, for example, if you as a US citizen even attend a political demonstration, it's a crime and you can be imprisoned. If you fly a US flag, it's a crime, and you can be imprisoned. If, as a foreigner, you make a statement critical of the government, or of a government policy, it's a crime, and you can be imprisoned.

In most countries, the legal assumption is "This isn't your country. If you don't like the way we do things - LEAVE."

If US citizens in Mexico held a political rally in Me

Is it justice or payment , why would parents allow him to be there in the first place. All our law enforcement when sworn in are asked to defend this country against foreign and domestic enemies. This teenager was old enough to know right from wrong.

So he wanted to become a Mexican cop or soldier. Seems to me he was highly qualified for both jobs: smuggling illegal aliens into the U.S. at 15 and attacking Border Patrol agents in the process. Perfect Mexican "law enforcement officer". I do believe their claim that there are many more like him over in Mexico. It's time to change the rules of engagement at the border. Scumbags like this guy simply need to be shot down no questions asked.

its rednecks like you who need to be shot down no questions asked...regardless of what he was hes human and wasnt doin anything wrong!!!!

Oh, I see. If I decide to smash in the side of your head with a stone, would I receive the same consideration from you? Would you say "I'm human and didn't do anything wrong? Also, it's seems to always be the name-callers that accuse others of doing so ("rednecks").

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