Sergio Hernandez-Guereca: Dead Mexican Teen's Family To Pursue Suit V. Agent

EL PASO, Texas -- A lawyer for the family of a 15-year-old Mexican boy killed by a U.S. Border Patrol agent in 2010 says they will press on with their lawsuit against the agent despite U.S. prosecutors' decision not to charge him.

Attorney Robert Hilliard said Sunday that there is no evidence that Sergio Hernandez-Guereca threw rocks at agent Jesus Mesa Jr. from Mexico before Mesa fatally shot him.

The U.S. Department of Justice said Friday there was insufficient evidence to pursue charges.

U.S. authorities say Mesa shot the boy while trying to arrest undocumented immigrants crossing the Rio Grande near El Paso. The shooting was captured on cellphone video.

A Texas judge last year dismissed a wrongful death lawsuit against the U.S. government but allowed the lawsuit against Mesa to proceed.

Comments

[inthedesert]

12:41 PM on 05/02/2012

Well of course they are going to sue. But, it there in really no evidence or proof of what happened and another case was thrown out, why pursue this? Oh yeah, money.

[markspence]

10:20 PM on 05/01/2012

There's a very easy way to avoid these tragedies: don't F with law enforcement.

[CitizenPane]

01:10 PM on 05/01/2012

It worked once, it will probably work again. I am doubtful this is the whole story. I guess there is an inherent risk when trying to cross the border illegally.

[Jorgelzorro]

07:33 AM on 05/01/2012

With a rock,come on!

[vapaday]

06:49 AM on 05/01/2012

Amazing how the word Justice is interpreted in this country. Our soldiers kill innocent civilians, they get a slap on the wrist, A CIA agent kills 2 Pakistanis & he is allowed to return home, a Latino Boy is murdered by the border patrol...he gets off scott free,,,,a young Hispanic student is stomped on by a group of black kids hurling racial epithets...nothing.....a Marine who was Hispanic dies while in police custody in Arizona...nada.....a Salvadorian worker was stomped to death in PG County, MD..the kids were let off ( AG at at time who refused to call it a hate crime is now holidaying in all expenses paid federal prison for corruption)...will there evere be true justice

[Vicky Valentine Proud]

01:48 AM on 05/01/2012

Simple example...David and Goliath. David killed this giant with a stone he slung at him, striking him fatally in the forehead. Goliath was armed through the teeth, he even had an armor bearer, not to mention being 9 feet tall. So for those who believe the BP acted wrongly towards this young man, learn from what history has taught us, and that simply is that rocks can indeed be a lethal weapon. It is in our very nature to defend ourselves in such situatin where you feel your life may be in danger, which is what the officer did. It is unfortunate for the young man and his family, but perhaps he should have been taught respect for law enforcement. By the way, the video they have posted with this story is not about this incident but another, completely different one. Where is the phone video?

[ugly american]

09:47 PM on 04/30/2012

If an American is caught throwing rocks at Mexican border guards, our own police will grab them and arrest them. On the Mexican side, they can throw anything they want, and in some case US border guards have even been shot at from the other side while Mexican police do nothing. The kid in question had multiple illegal entry and accessory to illegal entry records. One day he got too pushy and arrogant to a man with a gun. Rocks can be just as deadly as bullets but without the range.
US citizens play catch with bullets all the time for not listening to orders from police.
If people in Mexico want to yell and scream and throw things because they are not allowed in the US freely, they should probably get a few more yards back from the line.
"This never happens in Mexico!" That's because nobody is trying to sneak into Mexico.

[Jerry Bourbon]

10:58 AM on 05/01/2012

Actually, at least in Tijuana, the Mexican police are pretty good at stopping this.

When they are there...

[valgonza08]

11:12 AM on 05/02/2012

oh you are wrong people are sneaking into Mexico on a daily basis from El Salvador , Guatemala and the other countries south of Mexico. The Mexican government treats these individuals just as bad if not worse. You don't hear this in the news, they don't report that. The women traveling across Mexico are often raped, the men are robbed and killed. Many of these crimes are committed by Mexico's police force.

[hoochie-coochie]

04:17 PM on 04/30/2012

Kids with rocks vs. soldiers with guns. Starting to seem more and more like the occupied north bank.

[Soule23]

05:03 PM on 04/30/2012

And that's just how many on the right like it, unfortunately.

[spytheweb]

06:11 PM on 04/30/2012

I guess you won't mind me throwing rocks at your head.

[auntiec72]

07:03 PM on 04/30/2012

Well then the mexicans should be staying away from the border for now on then. Occupied North, what a joke !

[Snake1994]

03:23 PM on 04/30/2012

He was throwing rocks at the agent, and his family should not be entitled to a dime. This goes on everyday on the border, but the agents aren't supposed to defend themselves right! ridiculous!

[Soule23]

05:02 PM on 04/30/2012

What, are you afraid that giving this one a day in court might show that your beloved border patrol acted out of line? Why do you fear giving this one a fair trial?

[markspence]

10:31 PM on 05/01/2012

There's something called the Laugh Test. If the petition to the court doesn't make it past that, there is no trial.

[BravoFour]

05:14 PM on 04/30/2012

You don't shoot kids who throw rocks at you.

[spytheweb]

06:12 PM on 04/30/2012

"You don't shoot kids who throw rocks at you." Tell Israel that.

[Jerry Bourbon]

06:54 PM on 04/30/2012

Why not?

[hawaiianstile]

02:03 PM on 04/30/2012

disgusting

[Jerry Bourbon]

03:14 PM on 04/30/2012

Sergio was indeed disgusting. He had an arrest record with the Juarez Police and the BP as long as my arm.

Now he is no longer breathing my air. No loss.

[Arturo Ramrez]

07:19 PM on 04/30/2012

A 15 year old can't have an arrest record...

[BeasTT]

12:58 PM on 04/30/2012

Don't throw rocks at cops with guns, that is the expensive lesson to be learned here.

[andreabeth7]

02:58 PM on 04/30/2012

Being hit in the head with a rock can cause very serious injury or even death. Certain people seem to forget this very obvious fact. Frankly, I feel that our BP agents should be dressed in riot gear complete with helmets and face masks, or at least put on riot gear when they are confronted with these individuals. Throwing rocks at the BP has been going on for a long time. They need to be dressed in protective gear when having rocks hurled at them, just as any city cop dealing with a disturbance would be.

[nasknit]

05:19 PM on 04/30/2012

You throw rocks at a Border Patrol agent, you have no reason to complain when they fire back.

[dtairtime]

11:57 PM on 04/30/2012

That would be nice but the equipment is heavy and hot. Where they work they must sometimes be able to move fast and be able to tolerate the heat. Even the vests they wear are very uncomfortable, although they have gotten much lighter, thinner and more flexible in the last few years.

[auntiec72]

07:06 PM on 04/30/2012

Well they wont be forgetting anytime soon what we as Americans are will to do to keep the scum out of here now will they !