AP/ June 9, 2010, 8:28 AM

US, Mexico Swap Accusations Over Border Shooting

Updated at 8:39 p.m. EDT

A U.S. Border Patrol agent fatally shot a 15-year-old Mexican boy after a group trying to illegally enter Texas threw rocks at officers near downtown El Paso, U.S. authorities said Tuesday.

The shooting, which happened Monday evening beneath a railroad bridge linking the two nations, drew sharp criticism from Mexico, where the government said Tuesday that "the use of firearms to repel attacks with stones represents disproportionate use of force, particularly coming from authorities who have received specialized training."

It was the second death of a Mexican at the hands of Border Patrol officers in less than two weeks, and the case threatened to swell into a full-blown international incident when U.S. and Mexican officials traded suggestions of misconduct.

Arturo Sandoval, a spokesman for the Chihuahua Attorney General's office, said a spent 40-mm shell was found near the body - raising the question of whether the fatal shot was fired inside Mexico, although he did not explicitly make that suggestion. That would violate the rules for Border Patrol agents, who are supposed to stay on the U.S. side of the border.

A U.S. official, meanwhile, said video shows the Border Patrol agent did not enter Mexico.

The official, who agreed to discuss the matter only if not quoted by name, said the video also shows what seem to be four Mexican law enforcement officers driving to the edge of the dry but muddy bed of the Rio Grande, walking across to the U.S. side, picking up an undetermined object and returning to Mexico near the area where the boy's body was. Like their U.S. counterparts, Mexican law officers are not authorized to cross the border without permission.

According to the FBI, Border Patrol agents were responding to a group of suspected illegal immigrants being smuggled into the U.S. near the Paso Del Norte bridge, across from Ciudad Juarez around 6:30 p.m. Monday.

One suspected illegal immigrant was detained on the levee on the U.S. side, the FBI said in a statement. Another Border Patrol agent arrived on the concrete bank where the now-dry, 33-feet (10-meter) wide Rio Grande is, and detained a second suspect. Other suspects ran back into Mexico and began throwing rocks, the FBI said.

At least one rock came from behind the agent, who was kneeling beside the suspected illegal immigrant who he had prone on the ground, FBI spokeswoman Andrea Simmons said.

The agent told the rock throwers to stop and back off, but they continued. The agent fired his weapon several times, hitting one who later died, said the FBI, which is leading the investigation because it involved an assault on a federal officer. The agent was not injured, Simmons said.

Border Patrol Special Operations Supervisor Ramiro Cordero said preliminary reports showed Border Patrol agents on bicycle patrol "were assaulted with rocks by an unknown number of people."

"During the assault at least one agent discharged his firearm," he said. "The agent is currently on administrative leave. A thorough, multi-agency investigation is currently ongoing."

Chihuahua State officials released a statement Tuesday demanding a full investigation into the death of the boy, identified as Sergio Adrian Hernandez Huereca.

The boy was shot once near the eye, Sandoval said. Authorities are still investigating the bullet's trajectory, he said.

Sandoval said he couldn't comment on the video reported by the U.S. official because he didn't know anything about it.

"I am unaware about those hypotheses," he said. "What I can tell you is that there is an ongoing investigation."

Sandoval said investigators were questioning three teenagers who were with the victim at the time of the shooting.

The boy's sister, Rosario Hernandez, told Associated Press Television News that her brother was playing with several friends and did not plan to cross the border.

"They say that they started firing from over there and suddenly hit him in the head," she said Monday.

His mother, Maria Guadalupe Huereca, told Milenio TV in Mexico that her son had gone to visit his brother, who handles luggage at a border customs office. While there, he met up with a group of friends and they decided to hang out by the river, she said.

"That was his mistake, to have gone to the river," she said. "That's why they killed him."

She said he ran and hid underneath one of the bridge's pillars upon hearing gunfire.

"He was a boy, and even then they killed him," she said. "I ask that they punish them. ... They left me without anything."

Sergio Belmonte, spokesman for the Ciudad Juarez mayor, said state justice officials were performing an autopsy before releasing the body to the family.

Mexico's Foreign Relations Department said it "energetically condemns" the shooting and demanded "an expeditious and transparent investigation of the facts and, if applicable, punishment of the guilty."

"Mexico is aware of the existing risks in the region, but, according to international standards, lethal force must be used only when the lives of people are in immediate danger and not as a dissuasive measure," it said.

The department said its records indicated the number of Mexicans killed or wounded by immigration authorities rose from five in 2008 to 12 in 2009 to 17 so far this year, which is not half over.

T.J. Bonner, president of the union representing Border Patrol agents, said rock throwing aimed at Border Patrol agents are common and capable of causing serious injury.

"It is a deadly force encounter, one that justifies the use of deadly force," Bonner said.

The violence in Mexico combined with assaults on Border Patrol agents in the U.S. has increased the level of apprehension agents have about their safety, Bonner said.

Less than two weeks ago, Mexican migrant Anastacio Hernandez, 32, died after a Customs and Border Protection officer shocked him with a stun gun at the San Ysidro border crossing that separates San Diego and Tijuana, Mexico.

Last week the San Diego medical examiner's office ruled that death a homicide.
© 2010 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
34 Comments Add a Comment
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TXHOODSTAR956 says:
HEY GRINGOS DONT HATE ON THIS KID CUZ HE HAD MORE BALLS THAN U AND UR WHOLE ANCESTORS WILL EVER HAVE....HE WAS JUST TRYING TO SUPPLY AMERICAS RAVENOUS DEMAND FOR DRUGS!!!! THE FUNNIEST THING ABOUT IT IS THAT ALL U REDNECKS ARE THE BUYERS!!! LMFAO
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TXHOODSTAR956 says:
B.P. AGENTS ARE SUCH !@#$%$! THEY ARE ALL THE KIDS WHO WERE THE "SAUSAGE SNIFFERS" IN HIGH SCHOOL! THEN THEY GET THE GRINGO GOVERMENT ON THEIR SIDE AND THEY FEEL LIKE "GOD"! ALL THE B.P. AGENTS I PERSONALLY KNOW WERE SUCH WIMPS IN HIGH SCHOOL I CAN NOW SEE Y THIS B.P AGENT SHOT THIS KID, CUZ HE DONT KNOW HOW TO DEAL WIT HIS PROBLEMS WITHOUT A BADGE... Y DONT THEY SHOOT BACK AT THE WELL ARMED CARTEL GROUPS FIRING AT THEM FROM MEXICO? OH YEAH THATS RIGHT CUZ THEY'RE HIGH SCHOOL INSTINCTS COME BACK, THEY'RE SPHINKTER MUSCLE TIGHTENS UP AND THEY RUN FOR BACKUP LIKE THE SCARED ****** BAGS THEY ARE...IT JUST CRACKS ME UP THAT WE GOT THESE BORDER BAGS so-called "PROTECTING OUR BORDERS", WHEN IN FACT THEY CANT EVEN PROTECT THEY'RE OWNSELVES WITHOUT A GUN AND BADGE. I JUST HOPE SOME BORDER PATROL AGENTS ARE MURKED BY THE TIME ALL THIS IS FINISHED!!!! F%$@ THE BORDER PATROL
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Overruled1 says:
T.J. Bonner, president of the union representing Border Patrol agents, said rock throwing aimed at Border Patrol agents are common and capable of causing serious injury.

"It is a deadly force encounter, one that justifies the use of deadly force," Bonner said.

Not from the video we've seen.

Furthermore, I've seen video like it long ago as a boy myself.
It was in Palastine when children were gunned down by Israeli soldiers making the same claim.
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JasonChristopher2323 says:
I still can not believe the government ofmexico allowed that disrespecfull spin using the death of one 15 year old after all we as americans have suffered thats the portion of the government we are going to work with next, mexican mafia watch out
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geoffncali says:
Most people dont realize that if a non mexican citizen is caught working without proper documentation in Mexico the OWNER of the business is fined 5-10K immediately. If they cant pay... the doors of the business are chained until they do. FACE IT....The people comming here from outside the states is a PLANNED event.... they are invited here!! If the GOVERMENT wanted to stop this they would fine the people that hire illegals with 5k on the first offence and 10k on the second . If that happened this issue would be closed IMMEDIATELY.

When was the last time you saw americans working in the jobs the we USE aliens for? When was the last time you saw ANY latin begging for money ? They are too busy looking for work cleaning, mowing,assembling and constructing than to stoop so low as to stand and beg on a freeway offramp for a handout. Think about it....
Alot of folks dont realize that 99% of aliens working here are using FAKE Social security numbers to pay undocumented tax dollars which the US GOV recieves without saying a word. Andy Rooney of 60 minutes went out on the street and picked up 5 fake Green cards and SS #s in 30 minutes. Illegals can go to school and get healthcare here because we recieve MONEY for every BUTT they can put in a bed or a seat.

People get furios over the WEAKEST things here.... did yu ever stop and think that maybe we are being MANIPULATED to get angry over "illegals"

HEY our whole economy just got GUTTED while we were sleeping!! We just lost everything we are ever gonna own and there isnt a single complaint from anyone in the house. Strange days in deed....
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igutierslcc replies:
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An American coming to work in Mexico illegally is laughable, but it's also not comparable to the DEATH of a 15 year old kid.
If an American of ANY age were killed the way this kid was killed (say trying to enter Mexico illegally) there wouldn't be an agitated little discussion on CBSNews.com there'd be WAR.
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cpchaser50 says:
Calderon has lost control, by thier own estimates 70% of Mexico is now under cartel control and for the last few years its been spilling across the border and wreaking havoc in the border states.The Border Patrol have been outnumbered and seriously outgunned for quite some time, the cartel like any terrorist orginization does whatever it takes to achive thier goal and recruiting children is nothing new. there are hundreds of thousands of homeless children in South America and unfortunately a lot end up working for the drug cartels, so what exactly are the Border Patrol supposed to do next time a gun battle erupts, CARD THEM FIRST? Remember a bullet fired from a AK47 in the hands of a 14 year old is just as deadly as one fired in the hands of a 30 year old, so I think its time we take a hint from the Israelis when it comes to securing our borders and get our borders secured or get ready for a lot more of this to come.
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fairyswearboots says:
Border patrol agents are attacked daily by these Illegal immigrants trying to sneak across the border, this incedent only makes some people who choose to be blind open thier eyes to whats really happening on the border daily. This boy was with others that were throwing rocks and attacking federal agents who were doing what the border patrol officers have to do every day and that's to stay alive because their lives are at risk every day that they are out there trying to protect our borders and keep the illegal scum out of our country.I can't say that this boy got what he deserved but he also should not have been where he was trying to keep border aptrol from doing thier job because they were detaining illegals on the US side , they were trying to distract only it did not work - thier ploy failed and this boy paid teh price for being stupid.
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TrueNative73 says:
YOU PEOPLE MAKE ME SICK! This is a 15 year old boy! Shot in the head! The border patrol guard should be in prison for murder! Because that is what this is. Murder!...of a child! What is wrong with you people? Maybe you white people think that Mexicans are not human beings? Maybe you feel like their lives are worth less than yours? Yeah, they threw a rock at a guard that had thier friend on the ground being accosted for no reason. That is no reason to shoot him. It is so sad to me. Not just the tragic murder of a child, but how the people posting on here think that it is ok.
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kfrase replies:
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I do agree that it is a tragedy that a child got shot but if Mexico is so Concerned about their citizens why don?t they keep them on their side of the border rather than making us do it I am so tired of hearing about poor Mexico what about the two women that were raped by illegal Mexicans in Washington State?
nonvolatile replies:
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It is sad when a person is killed needlessly. But, you will be shot anytime you throw rocks at a law enforcement officer. Whether you are in Boston, Oakland or on the Mexican border. This does not appear to be a case of select leo response, this appears to be a case of standard leo response regardless of nationality or race or geographical location.
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James78073 says:
From several different sources the kid?s age varies for 13-15. By that age I was 5?8? and could throw a baseball over 60 mph. If you don?t think a rock thrown at that speed could cause damage, you?re living in a fantasy world. As for the Mexican police planting evidence, it wouldn?t be the first time. Check out the honesty factor for both the Juarez police and the Mexican government.
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kfrase says:
THIS FOR ALL OF YOU WHO PROTEST SENDING ILLEGALS BACK!!!!!!!!!!!!!!

EDMONDS WASHINGTON - The man accused of raping a woman behind an Edmonds grocery store is an illegal immigrant who has been deported before.

According to court documents 46-year-old Jose Lopez Madrigal was caught in the act of raping a 28-year-old woman Sunday night behind the Edmonds Safeway store.

Investigators say an officer responding to a woman's cry for help found Madrigal on top of her and arrested him.

The woman was treated at a hospital.

Snohomish County prosecutors have charged Madrigal in District Court with rape.

He is also being held for the Immigration and Customs Enforcement agency
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