No prosecution of Border agent for shooting Mexican teenager
By: Jim Kouri, CPP
The Justice Department claims it conducted a comprehensive and thorough investigation into the shooting, which occurred while smugglers attempting an illegal border crossing hurled rocks from close range at a CBP agent who was attempting to detain a suspect.
During the investigation, law enforcement officers and forensic technicians collected, analyzed and reviewed evidence from the scene of the shooting as well as civilian and surveillance video. They also analyzed law enforcement radio traffic, 911 recordings, volumes of CBP agent training and use of force materials. In addition, investigators reviewed the shooting agent’s training, disciplinary records, and personal history. Also, they conducted site visits and analysis and consulted with the International Boundary and Water Commission concerning jurisdictional issues.
“The investigation revealed that the agent — whose identity has been well-protected – did not act inconsistently with CBP policy or training regarding use of force. Based on a careful review and analysis of all the evidence, the team concluded that evidence would not be sufficient to prove beyond a reasonable doubt that the CBP agent violated the federal homicide laws in the shooting of Hernandez-Guereca,” according to Justice Department officials.
“Accordingly, the investigation into this incident has been closed without prosecution.”
Jim Kouri, CPP is currently fifth vice-president of the National Association of Chiefs of Police and he's a columnist for The Examiner (examiner.com) and New Media Alliance (thenma.org). In addition, he's a blogger for the Cheyenne, Wyoming Fox News Radio affiliate KGAB (www.kgab.com). Kouri also serves as political advisor for Emmy and Golden Globe winning actor Michael Moriarty. He's former chief at a New York City housing project in Washington Heights nicknamed "Crack City" by reporters covering the drug war in the 1980s. In addition, he served as director of public safety at a New Jersey university and director of security for several major organizations. He's also served on the National Drug Task Force and trained police and security officers throughout the country. Kouri writes for many police and security magazines including Chief of Police, Police Times, The Narc Officer and others. He's a news writer and columnist for AmericanDaily.Com, MensNewsDaily.Com, MichNews.Com, and he's syndicated by AXcessNews.Com. Kouri appears regularly as on-air commentator for over 100 TV and radio news and talk shows including Fox News Channel, Oprah, McLaughlin Report, CNN Headline News, MTV, etc. To subscribe to Kouri's newsletter write to COPmagazine@aol.com and write "Subscription" on the subject line.