Mexico, U.S. argue over jurisdiction in teen's fatal shooting

It's not clear where a Border Patrol agent was standing when he fatally shot a Mexican teenager, and that could complicate an already tense situation between the two countries.

As we noted yesterday, a 15-year-old named Sergio Adrian Hernandez Huereka was killed Monday under a railroad bridge between El Paso and Ciudad Juarez. A U.S. source says they have video showing the agent was on the U.S. side of the border and suggests that Mexican authorities crossed into the U.S. The teenager's body was found 20 feet on the Mexican side, though, and the wound indicates the weapon was fired from close range, the AP reports. The shell was found "nearby," though who knows how "nearby."

If the shooting happened in Mexico, it'd be a violation of Border Patrol rules. And the Mexicans will probably argue for a homicide prosecution in their country.

The agent reportedly fired in a self-defense because several people were throwing rocks at him as he tried to arrest border-crossers. The head of the Border Patrol union said: "It is a deadly force encounter, one that justifies the use of deadly force." Luckily, everyone is staying calm:

Pointing their rifles, Mexican security forces chased away U.S. authorities investigating the shooting of a 15-year-old Mexican by a U.S. Border Patrol agent on the banks of the Rio Grande, the FBI and witnesses told The Associated Press on Wednesday.

People march in the Chihuahuaita neighborhood of El Paso, Texas for a candle light vigil Wednesday night, June 9, 2010 . The community came together to honor the life of Sergio Adrian Hernandez Güereca,15, who was killed by a Border Patrol agent Monday. (AP Photo/Vanessa Monsisvais/The El Paso Times)

Comments

[Pat]

Whats with the bandito mask on the guy in the picture?

[frustrated]

Why ask I having problems posting....buttons are disabled

[James Hart]

Frustrated: Are you still having problems? Just want to make sure everything is working OK. If you can't get through, feel free to email me at jhart@kcstar.com

[Heezy]

What a cluster. No wonder we can't get this illegal immigration thing ironed out, our security forces are a nervous tic away from opening fire on each other.

Maybe the Mex. gov. should offer classes on how to treat U.S. Authorities while illegally occupying the states, then none of this would happen.

[Marvin]

Heezy,

Sounds like it's our "security forces" with the problem.

[morningnews]

sad story. mexican gov need to teach their people how to invade southern USA states without irritating border agents.. this should be added to illegal border crossing maps printed en masse earlier by mexico government..

[KCResident]

The "nearby" comment for the location of the shell casing does not make sense when the video is viewed. The agent was on the US side of the Rio Grande river bed, the boy was on the Mexican side.

[Jane]

"Pointing their rifles, Mexican security forces chased away U.S. authorities investigating the shooting of a 15-year-old"

Throw rocks at cops you die in a hail of gun fire.

Federales show up with their own guns cops run away crying like little girls.

Don't you feel safer?

[Cousin Eddie]

Mexican citizens should be marching and protesting against the deadly drug cartels in their own country. The cartels murder Mexican LEOs and innocent citizens, including children, almost every week yet the death of a 15 yo kid caused by a U.S. BP agent should not go unanswered. The U.S. should hold the Mexican gov't responsible for allowing the illegal crossing in the first place.

[Marvin]

Whoops! Looks like our local apologists are going to have to strain even further to rationalize this shooting...

[GERONIMO]

Thanks for the link Marvin. What a freaking bone headed rookie mistake by the BP officer. It'd be one thing if he shot the kid on the US side while defending himself, but shooting the kid on the Mexican side of the border...in the back...while the kid is running away? That's indefensible.

He's going to face certain prosecution by the Mexicans. I feel sorry for his family.

[Pat]

Oooohhh....USBP agent in a Mexican prison, for murdering a 15 year old Mexican.

Not exactly the chorus of a folk song, is it?

[Brittanicus]

If the Rep. Duncan Hunters original--Two Fences--construction had been completed, this shooting of a Mexican boy would never have occurred. The blame of this incident is at the feet of US Government for permitting the dismantling of the--Second Fence--and failing to finish the first fence? This is not the fault of the US Border Patrol as they are undermanned and do not have the backing of Federal troops. Even in Mexico they have Federal troops in the region of the international border. The 2006 Secure border fence was severely underfunded in closed door sessions in Washington. The 2006 Omnibus Consolidated Appropriations bill that gutted the 2006 Secure Fence Act, would have been constructed for the first 854 miles of the U.S-Mexico border.

An amendment submitted by Sen. Kay Bailey Hutchison, R-TX, and co-sponsored by Sen. John Cornyn, (R-TX), for the Department of Homeland Security 2008 budget was aimed at gutting the already-approved H.R. 6061 Secure Fence Act. Sen. Hutchison in the summer 2006 had drafted S.Amdt. 2466 to H.R. 2368 (the DHS appropriations bill). “The Hutchison amendment gave DHS virtually total discretion over how and where the fence is built,” Open border activists have used their powerful influence on politicians, but the main blame must go to Sen. Hutchison, R-TX, and by Sen. Cornyn, (R-TX). The boys who were throwing rocks, would have been contained either on the Mexican side of 15 foot barrier or between the second border fence. Having to scale either fence with razor wire would have been a deterrent. If the second fence had not been trashed, it would have been similar that encloses a prison compound, constructed as a chain link fence.

The death of the youngster would have not have happened. Sen. Harry Reid of Nevada, the majority leader was also involved in downgrading the construction of the--TWO FENCES--and will be propelled out of office in November by Sharron Angle. All the information and real facts about the illegal immigrant invasion, costs can be acquired at NUMBERSUSA website. More information about the unreleased corruption in Washington and all States can be gleaned at Judicial Watch

[Davey Smith]

Thanks Jane great post. The lack of any human feelings by many of the posters here really makes you wonder about the people of KC.

Throwing rocks vs. shooting a kid in the head? Rocks can kill....whoever said that is a nut.

This kid was not Joran Van Der Sloot. He was just a kid, with family and friends that loved him. How anybody can make a joke about it or rag on and on about the immigration problem just baffles me. Are people really this uneducated and hateful?

[getreal85]

I'd say the best solution would be for the governors of the border states to mobilize the National Guard with very strict rules of engagement: Anyone crossing the border outside of the appropriate international border crossings will be shot the second they step into the US.

Rifle fire works a bit better than a fence.

[George]

No, but I have a hard time feeling sorry for something that would have never happened had we already solved our immigration problem. Young people get shot everyday, all around the world, for more petty things than throwing rocks. You can either sit back and feel sorry for people, or be proactive and try to solve the problem that led to this in the first place. I'm a problem solver, not a sympathetic. I look at things logically without involving feelins which often times leads to people chastising me for not being sensitive to this group or that group. Well, what makes sense, makes sense and there will always be sacrifices in solution. Therefore, we either move forward and let some get hurt, or we maintain the status quo and watch as the WORLD crumbles around us. You know, I'm not much one for superstitions, but 2012 might not be so wrong after all!!

[Marvin]

Geronimo,

And, there's no Bush in office to pardon him.

[Kia Zi]

Well, the goal is to stop them before they cross the border, isn't it?.

[Davey Smith]

This kid was on Mexican soil. If you think that Mexico is going to keep extraditing dope dealers you better get it straight. If this guy is not turned over for trial all the past work to have Mexican dealers sent to the states is going to be in jeopardy.

[arturo]

Our Mexican president, has no bowls (huevos), to declare a war to the USA President, What do they think that they can do anything they want to us.. F.. Americna People...

[Cousin Eddie]

My point was: This is what motivates the Mexican gov't to bring someone to justice for murder/manslaughter? I don't excuse the BP agent but Mexican citizens are being murdered everyday by the drug cartels. The Mexican gov't and its citizens, for the most part, don't appear to be doing anything about that.

[spicolli]

How about F... you paco

[Jo Jo]

Marvin, thanks for the link. I had not see the video before, and that certainly does bring some things to light, although you do get an obligatory ball-punch for the "apologists" remark.

If the other side where he was standing when the BP agent shot was in fact Mexican soil, there's a pretty grim outlook for the agent. However, all that does is establish that the kid was on Mexican soil. He was still presenting a *threat* (we'll lean generously in favor of the agent for the time being) to the agent, who was on US soil.

That said, do our rights as US citizens, diminish, while although inside our sovereign, face threats originating from another sovereign? In a self-defense situation, I think you have to rationalize the response-to-threat-level, according to the laws of the place where the harm occurs and the justification of self-defense forms.

That's a tough call.

Now, I'll certainly concede that the size of the rocks are absolutely not visible in that particular video. If the rocks were not of sufficient size to constitute a serious threat of bodily injury or death to the agent, then he may be in a heap of trouble, at least civilly. I'm not sure whether the concept of imperfect self-defense would apply in that situation.

The video sheds a lot of light on the events, Marv, so thank you. And it's a pretty dim-looking light for the BP agent.

[Jo Jo]

In short, I'll certainly eat crow on this one.

[Heezy]

Rocks can't kill, Davey? How about you and I test that theory. Or, you can take this guy's word for it:

http://cbs4denver.com/local/Kansas.City.man.2.1130376.html

And Sergio Belmonte, Ciudad Juarez spokesman who says that he didn't have the physical size to threaten anyone? This guy has no comprehension of the real world.

[GERONIMO]

Cousin Eddie--You wrote, "The Mexican gov't and its citizens, for the most part, don't appear to be doing anything about that."

Are you kidding me??? The reason so many ppl are being killed in Mexico is because the Pres has declared war on the cartels. They kill & decapitate MXCN police chiefs & mayors like 12 yos steal candy in the US. The cartels are mini-armies now. They have $$$$ from US junkies & guns from US dealers & soldiers who've increasingly been taught by the US Army. If the MXCN Prez played ball like Noriega did in Panama then you wouldn't have the violence. So lets not blame the MXCNs for something that, God knows if we faced the same probs they did, we'd have to burn the Bill of Rights.

[KC Cicero]

Tape is pretty damning.

Let us posit that the Border Patrol agent was being pelted by rocks -- not exactly boulders, since they don't seem to show up on the tape, but not exactly marshmallows, either. And then let us further posit that his only choice was to either retreat and let the prisoner escape, or fire a weapon at the citizens of Mexico who were in Mexico (even assuming that he did not intend to kill a 15 year old high school honor student).

What combination of stupid, crazy, inhuman or badly trained do you have to be to choose shooting over retreat? Was the guy you caught the Golden Mexican, not interchangable with half a million other poor bastards who every day try to get into the US to help support their families -- one you could not catch tomorrow? Was he the Last Mexican -- so if you let him go, the Border Patrol would close tomorrow for lack of anyone else crossing the moist ditch that so incompletely separates two sovereignties?

I have some feeling of sympathy for the BP agents who are asked to do the impossible. But this was a homocidal excessive use of force, and if we truly believe in the rule of law, he should be treated no differently than any cop should who killed an American kid under the same circumstances: Fired and charged with manslaughter.

[gee]

Good point, Geronimo--the killings are taking place precisely because the Mexican govt. is putting up a fight.

[Jo Jo]

Or, the killings are taking place because of certain members in a culture bred in hundreds of years of violence and lack of respect for life.

A person has to be predisposed to kill, especially to kill the way these cartel fellers are doing. It's not a response, it's a pre-existing condition, conveniently preceded by a superficial excuse.

[morningnews]

us has border? surprised.. reading responses from WH on invasion from south I see US does not have own border and therefore uses US Military to protect South Korea's, Israel's, Afghanistan's and Iraq borders to keep US Military fit... Dead of this boy is caused by very weak border enforcement messages from WH, and nobody south of US has any respect to US border, Immigration enforcement and Police anymore.

[ghost]

Interesting how now they are saying the teen was involved in human smuggling.
I also bet we won't see the security tape of the two Mexican cops walking onto the American side and picking something up and then walking back and dropping it close to the body.
This poor border guard is being set up...like those before him. No wonder border agents are quitting in droves.

[frustrated]

i got it fixed James...thanks...work was updating my device and it was causing me problems with my internet sites..

I guess they are trying to tell me to get to work?? lol..

[James Hart]

No worries, frustrated. Let me know if there's ever anything I can try on my end.

[aiden]

okay....you guys are just ignorant...what if a mexican would have shot an american on us soil down there...you guys would be saying oh my goodness that is so disappointing but since it was a kid from mexico and shot on mexican soil that when you guys are like who gives a damn he needed to get shot he was about to cross the border and still on mexican soil ....

[Heezy]

No, Aiden, If an american teen on american soil was engaging in activity that could have seriously injured a mexican LEO, then we would have the same reaction. And if you watch the video, he was on american soil (illegally) and ran back in to mexico.

BTW, http://www.youtube.com/watch?v=uUlhYkJVu0Q

[Alba77]

I'm curious how Mexico's border agents patroling the Guatemalan border would handle having rocks thrown at them by illegals trying to enter their country.

[FukDaSystem]

i hope dat pig ends up in a mexican jail..im sure evry mexican would enjoy a piece of dat white ass ha ha fuker

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