Mexico Asks U.S.to Punish Border Agent in Shooting

The Mexican government Tuesday called for the punishment of the U.S. Border Patrol agent who shot a 12-year-old Mexican national through the border fence at San Ysidro, Mexico’s consul general here reported.

“The minister of foreign affairs in Mexico has instructed its ambassador in Washington, D.C., to request that the U.S. Department of State assure that the offending Border Patrol officer be punished to the fullest extent of the law,” said Consul General Javier Escobar, reading from a statement.

“These instructions include also a request that the minor, Humberto Carrillo-Estrada, be compensated for the damages suffered.”

State Department officials in Washington said they could not comment on the Mexican government’s request because they had not yet received any communication on the subject from Mexican officials.

According to San Diego police officials, Border Patrol Agent Edward D. (Ned) Cole shot the boy during an altercation involving the youth’s 15-year-old brother, Eduardo, in an area along the border.

Officials said Eduardo was caught by Border Patrol agents as he attempted to climb the border fence into Mexico near the San Ysidro port of entry after being spotted and pursued by agents. As the agents attempted to subdue Eduardo, a group of people assembled on the Mexican side of the fence and began throwing bottles and rocks, police said.

Cole reportedly fired two warning shots into the air, then fired at least one shot through the fence, hitting the boy.

San Diego Police Homicide Lt. Paul Ybarrondo said the boy “had a rock in each hand” when the shooting occurred. San Diego homicide officers regularly investigate any shooting by a peace officer, whether or not the incident results in a fatality.

According to Assistant Chief Border Patrol Agent Gene Smithburg, “Our shooting policy is that we use our weapons for self-defense, defense of a fellow officer and the defense of an innocent third party from death or grave bodily harm.” Smithburg added that the policy does not specify whether an officer may or may not fire his weapon across the border.

Humberto was listed in very good condition at Mercy Hospital on Tuesday, where he is recovering from a single gunshot wound to the side of the chest. Mercy Hospital spokesman Norman Greene said Humberto may be released from the hospital by the end of the week.

Meanwhile, Deputy Dist. Atty. Steve Casey said late Tuesday that his office had received a detailed report on the incident compiled by the San Diego Police Department.

Casey said it will be “a couple of days to a week” before the district attorney’s office decides whether to file a complaint against Cole, who is performing office work pending the conclusion of the investigation.

Times Staff Writer Don Shannon in Washington contributed to this story.