By

Sharyl Attkisson /

CBS News/ February 13, 2013, 10:54 AM

Family of second murdered federal agent files lawsuit against U.S. government over "Fast and Furious"

U.S. Immigration and Customs Enforcement Special Agent Jaime Zapata was killed when his vehicle was attacked by suspected drug cartel members near the town of Santa Maria Del Rio in Mexico, Feb. 15, 2011.

U.S. Immigration and Customs Enforcement Special Agent Jaime Zapata was killed when his vehicle was attacked by suspected drug cartel members near the town of Santa Maria Del Rio in Mexico, Feb. 15, 2011. / AP Photo/Pulso Diario de San Luis-Teodoro Blanco Vazquez

A second wrongful death lawsuit has been filed blaming U.S. government officials involved in the Bureau of Alcohol, Tobacco and Firearms and Explosives' "Operation Fast and Furious," which allowed thousands of weapons to fall into the hands of Mexican drug cartels.

Tuesday, the Texas family of fallen Immigration and Customs Enforcement (ICE) agent Jaime Zapata sued the Justice Department, the Department of Homeland Security, the former head of the ATF and others they blame in Zapata's death.

In February 2011, Zapata and his partner Victor Avila were gunned down in Mexico by suspected drug cartel members. Avila survived but was critically injured and has joined Zapata's family in the suit.

As CBS News reported, at least two of the murder weapons had been trafficked by suspects the ATF had under surveillance but failed to arrest. Zapata's parents argue that if ATF agents had arrested the suspects and confiscated the weapons early on, the rifles might not have been used in their son's murder.

The Justice Department has not commented except to say that, at the time, the ATF "was not aware of," a suspect's purchase of one weapon used in Zapata's murder. Justice officials said answering further questions would jeopardize the investigation.

Zapata and Avila were on assignment at the U.S. Embassy in Mexico when their supervisors sent them on a mission to pick up some equipment that required driving on an infamous stretch of highway "known to be patrolled and controlled by a dangerous criminal organization," according to the suit. That was despite a recent travel notice that warned U.S. embassy employees of the danger. The lawsuit says Avila objected, but that the two were ordered to make the trip anyway without escort and in an armored Chevrolet Suburban that did not have working GPS.

When a drug cartel vehicle cut off and blocked Zapata and Avila's vehicle, Zapata put the vehicle in park and it automatically unlocked the doors, according to the lawsuit. It says the attackers were able to breach the vehicle, kill Zapata and injure Avila using weapons trafficked by suspects ATF had previously watched without arresting.

The lawsuit blames a number of ATF officials involved in Fast and Furious, including former ATF Director Kenneth Melson, former Phoenix ATF Special Agent in Charge Bill Newell and former ATF Phoenix Group Leader David Voth for developing the controversial strategy of combating the Mexican cartels with "gunrunning activities." According to the suit, "The high-risk tactics of cessation of surveillance, gunwalking, and non-interdiction of weapons that ATF used in Operation Fast and Furious went against the core of ATF's mission ... These inherent flaws of Fast and Furious made its tragic consequences inevitable."

All of the ATF officials named in the lawsuit have denied wrongdoing. Newell has said that Fast and Furious was sanctioned at high levels at ATF and Justice Department headquarters, and that he and his colleagues turned to the controversial strategy of letting guns "walk" into the hands of Mexicans gun cartels because prosecutors were turning away their smaller cases involving just the so-called "straw purchasers" who move the weapons.

Two months ago, the family of Border Patrol Agent Brian Terry sued seven government employees -- including some also named in the Zapata lawsuit. Terry was gunned down by illegal immigrants in the U.S. two months before Zapata, in Dec. 2010. Like the Zapata case, the alleged killers were armed with rifles that had been trafficked by suspects ATF watched -- but did not arrest at the time.

The Terry lawsuit claims the federal officials "created, organized, implemented and/or participated in a plan - code named 'Operation Fast and Furious' - to facilitate the distribution of dangerous firearms to violent criminals" and that they "knew or should have known that their actions would cause substantial injuries, significant harm, and even death to Mexican and American civilians and law enforcement, but were recklessly indifferent to the consequence of their actions."

Lengthy investigations by Congress and the Inspector General have faulted at least 17 ATF and Justice Department officials for alleged mismanagement and other violations of conduct.

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    Sharyl Attkisson is a CBS News investigative correspondent based in Washington. All of her stories, videos and blogs are available here.

18 Comments Add a Comment
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ammo17 says:
this is one thing eric holder thought the country forgot.why eric holder is not being indicted for mass murder of innocent mexican citizens,treason for giving these guns to our enemies the drug cartels and for the murder of these two AMERICAN BORDER PATROLMEN i will never understand our laws.do we have separate laws for citizens and our politicians?SOMETHING LIKE THE KINGS AND QUEENS OF EUROPE.seems that way to me!
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payasyougo says:
How long will it be before the families of slain Mexicans start suing...
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burbanite replies:
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Soon I hope.
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cleric77 says:
I hope that the family of this 2nd. federal agent who was murdered and killed by our own USA guns will WIN their case against our defacto federal government agency controlled by man, who only has contempt to our nation's laws and rights.
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PhilMB says:
"Zapata put the vehicle in park and it automatically unlocked the doors, according to the lawsuit."

I found that the GM vehicles I drove all locked/unlocked all the doors with the shift out-of/into Park, unless you went into the system and changed it. Also the interior door handle won't open unless you unlock it first, which is probably the reason it's set up that way. Poor engineering!
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[oweghn replies:
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I don't think GM was considering confrontations with Mexican drug cartel members armed by the United States when they made the default door lock sequence of "All doors lock, all door unlock". Other sequences available include "All doors lock, no doors unlock". The door lock sequence should have been changed to this option when the vehicle was put into service. GM's engineering had nothing to do with it.
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Rick03466 says:
Why is the head of the 3 Agencies that combined their resources still employed? After all firing Eric Holder is only "Common Sense"
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[oweghn replies:
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Why isn't the head of the head's of all those agencies fired. If Obama knew about it, he should be fired. If he didn't know about it, he is incompetent and should be fired.
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lnytnz says:
the criminals would have obtained weapons anyway, this is a BS lawsuit
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usnewscorrupt replies:
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you should just rob a bank. if you don't someone else would have anyway.
burbanite replies:
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BS? Did you know anything about Fast and Furious or have you had your head in the sand? Perhaps you are like most Liberals who pledge loyalty to the King and do not care that Holder and him killed American and Mexican citizens.
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JoeSocrates says:
. . . and what are the serial numbers on the guns used to kill these US citizens. Unless you can prove one of the guns in question was used to kill these people, you are just looking to fleece the government for some money and get the attorney some attention.

The agent killed a long time ago was killed by a gun, but no one has proved it was one of the guns in the FAF program.

This is all GOP hype as they do all the time.

Compared to Benghazzi: 4 killed - and only 4 we know of in Obama's presidency.
Under George W - 46 killed and 150 wounded and Dems did not try to micromanage the State Department
as the GOP has done with Hillary.

The GOP is a large group of people closely related to the Chick Little genealogy group/
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usnewscorrupt replies:
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haha, keep your head in the sand. all the guns were traced. put your hands over your ears and say anananananana I can't hear you.
burbanite replies:
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Nice try there, no substance but you did make everyone well aware that you have no knowledge whatsoever of the Fast and Furious campaign. Please carry on so that we can continue to make you look like the fool that you are.
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erasmus111 says:
If America needs to keep their weapons to themselves. Stop contaminating other countries.
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erasmus111 replies:
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Ignore the "IF" at the beginning of the sentence.
erasmus111 replies:
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Thank you. That's very sweet of you.

And the same to you. : )
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