Fatal Texas chopper shooting of two immigrants heads to grand jury

A truck travels along the stretch of gravel road near La Joya, Texas, Friday Oct. 26, 2012, where a Texas Department of Public Safety helicopter and sharpshooter assisted the previous day in the chase of a suspected illegal immigrant smuggler. / AP Photo

McALLEN, Texas A grand jury will consider the case of two Guatemalan immigrants killed when a state trooper in a helicopter opened fire to stop a tarp-covered truck that authorities thought was ferrying drugs, a prosecutor said Wednesday.

Hidalgo County District Attorney Rene Guerra said after meeting with investigators that the case "will be taken to a grand jury, there's no doubt about that."

On Oct. 25, a Texas Department of Public Safety helicopter joined state game wardens near La Joya in pursuit of what they thought was a drug-laden truck barreling down a rural gravel road. Instead, the tarp concealed six passengers including the two Guatemalans who died.

A trooper aboard the helicopter fired in an effort to disable the truck. Later it was discovered that there were no drugs in the truck, but rather nine Guatemalan immigrants in addition to the driver and another passenger.

• Questions over fatal shooting of 2 Guatemalans in South Texas

The only charge Guerra would confirm was a felony evading arrest for the driver, whom he described as a boy about 14 years old. The boy was detained and later released to a grandmother, he said.

Asked about charges for the trooper who fired, Guerra said, "That's not even under consideration right now."

Grand juries are investigative bodies. While the district attorney guides them in their efforts and presents evidence, they can take the investigation any direction they see fit.

"The only thing that we're discussing is an overview of the incident," Guerra said of his meeting with investigators. "They brought preliminary facts and we are redirecting some areas in the investigation that they have to investigate through their sources and also Parks and Wildlife; just general stuff to set up the incident maps, the layout of the land, that kind of stuff."

The Texas Rangers, an elite arm of DPS that often investigates police-involved shootings, is leading the investigation.

Alba Caceres, Guatemala's consul in McAllen, said Tuesday that after interviewing the seven surviving immigrants, there was agreement that the helicopter had been 450 to 600 feet away when the shots were fired. She believes those aboard should have been able to see the truck was laden with people.

All of the immigrants said they had been able to see the helicopter at some point though she said the six in the bed of the truck were covered with a bed sheet. She said Wednesday she was still awaiting death certificates that would allow the repatriation of the bodies.

Killed in the incident were Jose Leonardo Coj Cumar, 32, and Marcos Antonio Castro Estrada, 29. Coj was a father of three who was traveling to the United States because his eldest son needed surgery to repair an arm injured cutting fire wood, Caceres said. Castro was a father of two whose wife is three months pregnant. Both men were from San Martin Jilotepeque, about an hour outside of the Guatemalan capital.

The American Civil Liberties Union and several community groups have scheduled a news conference and prayer vigil at the site Thursday.

[tsigili]

If they enter illegally, they are doing so at their own risk. It is a CRIME!

[Ulgnud]

These were not immigrants. They are illegal invaders. Since gun battles with drug runners is common there may have been sufficient concern among law enforcement of impending hostilities when they pulled the tarp off. With the truck refusing to stop when ordered, the occupants could have been clearing a view to shoot at the police. I am sure the investigation will bring more facts out. As far as I am concerned if you invade someone else's country and refuse lawful orders to stop, don't be surprised if you get shot at. If you don't like it, go home and come here legally.

[vrabius]

I don't think you get to shoot first and ask questions later, even in Texas - even with all the problems we have today. I'm fine with killing someone if your life is threatened - but you really need to imagine your children in this truck - for whatever reason - and think if what happened is STILL OK with you...

[Void-Master]

From another Internet news source:
http://www.texasobserver.org/lalinea/a-dps-helicopter-sniper-kills-two-men-on-border-highway

I do not attest to their politics as I've not been to that site before. But below says it all.

"What is especially disturbing about the shooting incident is the testimony from the survivors in the truck. Alba Caceres, the Guatemalan Consul General in McAllen told the Monitor that survivors testified the tarp had flown off the truck exposing the people in the pick up bed so that it was clear to the sniper the truck was transporting people, not drugs."

If this is true, it sounds like murder to me. And happening under color of law, the charge *ought* to be capital murder

If it's true.

[US-Patriot]

The whole issue depends on what the officer intended and what information he was acting upon at the time he fired the shots. It is difficult to see even a second degree murder charge or even manslaughter unless he knew he was firing at people in the truck. It is not a conscious disregard for human life to fire at a vehicle in an attempt to stop it when a police officer believes a felony suspect is evading arrest. The article indicates that he was attempting to disable the vehicle. The absolute most that should come of this is some degree of manslaughter. Having said that, I think we should give the officer the benefit of the doubt until other evidence indicates that he knew he was shooting at people rather than a motor vehicle.

[Avg_Texan]

Right on the mark with your comments...I wish some of these commentators had to live on the Texas border and have to deal with illegal aliens trashing their property. They might think differently if they had to worry about drug and human traffickers crossing their property (at night) with weapons.

[chris_bray]

It's called protecting the border and the rest of the citizens you MORON. Not Guilty...case closed.

[enlightenu]

You are a moron. Case closed.

[Ulgnud]

I have to agree with Chris. The police were doing their job to protect the US. There is no way to tell the difference from drug runners and illegal invaders while charging around in a truck. Next time stop when you are told. Then you will simply be deported back to where you belong.

[rwsmith29456]

"She believes those aboard should have been able to see the truck was laden with people." In a tarp covered truck with people under a bed sheet? Yeah right. It doesn't say anything about the people's legal status but I'll bet this was a factor in having a 14 year old boy evading arrest in a truck full of 'immigrants'.

[BigMykul]

So, were they illegal "immigrants"?
Then the officer should get a medal.

[enlightenu]

Go do your homework missy, or no dinner.