Police Probe of Boy’s Shooting by Border Patrol Ready for D.A.

San Diego police on Monday completed their investigation into the shooting of a 13-year-old boy in Mexico by a Border Patrol agent on the U.S. side of the border, and today will send to the district attorney’s office a report recommending whether the agent should be prosecuted.

A police investigator declined to speculate on whether charges would be filed against Edward D. (Ned) Cole, 34, the agent who shot Humberto Carrillo-Estrada through the border fence Thursday.

Cole remains on duty performing strictly office work pending completion of the investigation, Gene Smithburg, assistant chief patrol agent for the local Border Patrol station, said Monday.

The Border Patrol is also investigating the shooting, Smithburg said. He refused to comment further.

Mexican Consul General Javier Escobar has threatened a stern reaction or legal action from his government over the incident, including a demand for an investigation by the U.S. attorney’s office.

“We haven’t heard from them yet,” said Peter Bowie, chief assistant U.S. attorney in San Diego. “There’s no question the remedies they could seek are broad, and the way we handle it will depend on their actions. . . .

“It would not be surprising if the family sought monetary damages from the Border Patrol.”

Escobar could not be reached for comment Monday.

Mariano Lopez, a Los Angeles attorney who has represented the United Farm Workers and myriad Latino causes, has been retained by Humberto’s mother, Lopez’s office confirmed Monday. Lopez was not available for comment.

Humberto, who was struck in the side of the chest by the bullet fired by Cole into a large group of people, was listed in good condition at Mercy Hospital and reported to be recovering quickly from his wounds. Officials there have allowed Humberto’s mother to stay in a room at the hospital free of charge until the boy is released.

The San Diego Police Department’s homicide division conducted the investigation because a law enforcement officer was involved in the shooting, although there was not a fatality. “They always get these kind of sensitive cases because of their expertise,” said police spokesman Lt. Dave Spisak.

“It’s come along very nicely,” the homicide division’s Lt. Paul Ybarrondo said Monday of the investigation. “We’ve completed our interviews, and the transcript will be to the district attorney by tomorrow. Then it’s up to them to decide on charges.”

Ybarrondo said San Diego police have spoken with Humberto, his 15-year-old brother, Eduardo, and other witnesses from both sides of the border. “I’m not going to draw any conclusions from the information we relayed to them, or as to whether there might be any charges filed,” Ybarrondo said.

San Diego police say the incident occurred after Border Patrol agents spotted Eduardo on U.S. soil. Eduardo ran toward the border, and when the agents caught him just as he reached the fence, a small crowd on the other side began throwing rocks and bottles, police said.

Cole fired two warning shots before firing a third round through the fence, hitting Humberto in the back, police said.

Humberto was then carried into the United States by a Mexican citizen and flown by Life Flight helicopter to Mercy Hospital.

Strong reaction to the shooting has been registered by local Latino groups. Herman Baca, president of the San Diego Committee on Chicano Rights, said Monday the shooting of Humberto was “a manifestation of the terrorism employed by the Border Patrol against persons of Mexican ancestry.”

Baca also criticized the Police Department’s role in the investigation. “It’s like having a husband investigate his own wife--there’s no objectivity there,” he said. “An outside, independent group should be looking into this.”