ICE agent's family files wrongful death claim against Justice Dept.

By: Sharyl Attkisson
Topics: Law and Order

U.S. Immigration and Customs Enforcement (ICE) Special Agent Jaime Zapata was shot and killed in the line of duty Feb. 15 2011 after he was attacked by unknown assailants while driving between Monterrey, Mexico, and Mexico City.

/ U.S. Immigration and Customs Enforcement

CBS News has learned that the family of ICE Special Agent Jaime Zapata has filed a claim for wrongful death against the Justice Dept. and other federal agencies. Zapata was gunned down by suspected drug cartel members in Mexico in Feb. 2011 with weapons later linked to an ATF case in the Texas area. Joining the claim is Zapata's surviving partner in the attack: Victor Avila.

In an interview last November, Zapata's family told CBS News they feel that U.S. law enforcement could have stopped the sale of a gun used to kill their son. CBS News obtained law enforcement records that show the gun that killed Zapata came from the U.S., and the suspects who allegedly trafficked it had been under law enforcement's watch for months in Dallas but weren't arrested.

In February, CBS News learned a second weapon used in the Zapata attack was also linked to an ongoing case under the Bureau of Alcohol, Tobacco and Firearms.

The Justice Department has said ATF "was not aware of" the suspect's purchase of the gun that killed Zapata when it happened, and that answering further questions would jeopardize the investigation.

Second gun used in ICE agent murder linked to ATF undercover operation
Murdered U.S. agent's family wants answers

Sharyl Attkisson
Sharyl Attkisson is a CBS News investigative correspondent based in Washington. All of her stories, videos and blogs are available here.
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by reason1984 June 21, 2012 2:29 PM EDT: 'People sell guns in the US all the time...'
Everyone else was doing it so Holder thought it would be okay, right. Please try to explain your non-theory to the families of Brian Terry and Jaime Zapata.; Reply to this comment


by reason1984 June 21, 2012 2:27 PM EDT: Sharyl Attkisson = Intrepid Investigative Correspondent

Thank you for your courage on behalf of those that seek the truth.; Reply to this comment

by nohater June 21, 2012 4:43 AM EDT

no way. family should blame the drug cartel and go after them if they dare. the family could also go after the mexican government for not putting all drug cartels out of business and in prison. law enforcement, would think, needs to watch criminal suspects for a time to gather evidence or find leads to those higher up in the criminal food chain. this lawsuit should not stand and if anything the lawsuit should include attorney general holder for the fast and furious gun running in obama's administration.

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by NotPropagandized June 21, 2012 12:35 PM EDT: Why should family ignore the source and provocateur - ATF and the US Dept of Justice, Eric Holder and ... as of yesterday, perhaps .... Barack Obama. Do any of us think that just because CNN snickers at the idea that ObamaAdmin/HolderJustice are behind a conspiracy to use F&F as propaganda PR to acheive greater gun control that we'd be shamed? They're goin' down.


by dixt1 June 21, 2012 2:02 PM EDT: Yet another case where the DOJ has been "investigating" for well over a year, now! I also think the 300 Mexican citizens who were murdered with those 2,000 "un-accounted for" ATF guns should also be allowed to suit the DOJ!!! The DOJ has LOTS of blood on their hands


by KenyanBornObama June 22, 2012 8:27 PM EDT: You always want to move up the chain and get the biggest one and HOLDER was the supplier! He needs to be in prison along with Obama!

by hypnotoad72 June 20, 2012 8:53 PM EDT

Blame those who shot the guy.

People sell guns in the US all the time and don't get closed down the moment says "That animal sold a gun that killed my baby boy"...

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by reason1984 June 21, 2012 2:23 PM EDT: 'People sell guns in the US all the time...'
Everyone else was doing it so Holder thought it would be okay, right. Please try to explain your non-theory to the families of Brian Terry and Jaime Zapata.


by lcpl_cameron June 22, 2012 9:39 AM EDT: One of the shooters was an FBI informant.


by ugacrew June 20, 2012 8:36 PM EDT: Sincerely, giving all due respect to this dedicated Agent, I must ask does his death warrant something that the thousands of soldier's or law enforcement officer's deaths do not warrant?; Reply to this comment


by RevAmyinSC June 20, 2012 5:37 PM EDT: Thank you, Ms. Attkisson. You are one of the TRUE investigative reporters left in this nation. Your work on this issue is the only reason we even know about it (and same for Solyndra). Thank you for bringing this critical issue to the fore,a nd for your continued work to bring the truth out.; Reply to this comment


by rshawk June 20, 2012 5:33 PM EDT: The Zapata murder investigation is fishy.; Reply to this comment


by PhilMB June 20, 2012 5:16 PM EDT: Many thanks for your reports, and the "Reporter's Notebook Overview" (Tweets) you allow us to follow, showing how deep the details run in this deadly debacle.; Reply to this comment