U.S., Mexican Envoys Put Different Face on Border Shooting : Decision Not to Prosecute Surprises Consul General; Latinos Seek Law Change

Javier Escobar, Mexican consul general in San Diego, said Thursday he was astonished at Dist. Atty. Edwin Miller’s announcement that charges will not be filed against the Border Patrol agent who shot a 12-year-old Mexican boy across the border fence.

“I wonder how thoroughly the district attorney’s office has investigated the incident,” he said. “It makes me very fearful of the implications of the use of force of those protecting law and order. . . . In similar cases, agents in law enforcement will be free to shoot.

“Mexico had presented a note of protest to the State Department April 24, protesting this incident in which Humberto (Carrillo-Estrada) was injured,” Escobar said, adding that the note asked the State Department to investigate the shooting, punish Border Patrol Agent Edward (Ned) Cole “to the fullest extent of the law” and pay damages to Humberto.

“The (Mexican) embassy has not received a reply from the State Department,” Escobar said.

Humberto was shot April 18 during an altercation between Border Patrol agents and Humberto’s older brother, Eduardo, who had briefly entered the United States and was pursued by agents to the border fence. According to police, a group of Mexicans assembled on the Mexican side of the fence and began throwing rocks the size of “small boulders” at the agents.

According to the district attorney’s report, Cole told police he drew his .357 magnum and fired three shots, striking the boy once in the back. The report says the boy has admitted throwing rocks, contradicting Humberto’s public statements that he did not.

In a five-page report to Police Chief William Kolender, Miller said no charges would be filed against Cole by the county. The report also said the federal government has no jurisdiction to prosecute the case because some of those involved were in Mexico at the time.

Members of the Latino community in San Diego, outraged at the district attorney’s decision, Wednesday asked federal officials to seek changes in the law that would prohibit agents from firing across the international border.

Rep. Jim Bates (D-San Diego) will introduce a bill Monday that would provide a formal review process of crimes committed by federal officers.

Bates said Thursday that he has spoken with Rep. Romano Mazzoli (D-Ky.), chairman of the House subcommittee on immigration, refugees and international law, to discuss possible direct congressional intervention in the shooting case. Such intervention, he said, could include congressional hearings, to be held in the district, and a review of Border Patrol conduct in general.

Bates said the shooting only adds to a “series of complaints against Border Patrol, Customs and INS agents.”

“It’s apparent that there is a pattern of problems in the area,” Bates said, adding that he may call on the U.S. attorney general’s office to investigate the shooting.

“We’ve got to see that there’s a better handling of these international incidents,” Bates said. “We need to gather information on these and other incidents to see if there is inappropriate conduct and come up with some solutions and, specifically, on this case where the 12-year-old boy was shot.”

Bates said he has had difficulty obtaining the San Diego police report of the incident.

“I’ve asked for it (the report), but they’ve (refused to release) it,” Bates said. “They (San Diego police officials) said it was confidential and that it would require a subpoena for its release.”

Bates added that if the investigation was handled as properly as the police have said it was, then “there’s no reason to hide the report and conduct this investigation in secret.”

Bates said he plans to meet with Mazzoli and Sen. Alan Simpson (R-Wyo.), chairman of the Senate subcommittee on immigration and refugee policy, to discuss getting the necessary subpoena for the police reports.

Additionally, Bates has scheduled a meeting with members of the Latino community for next Thursday to review the case and any possible legislation.

A letter from Assemblyman Richard Alatorre (D-Los Angeles) on Thursday asked California Atty. Gen. John Van de Kamp to initiate a formal investigation of the shooting.

Alatorre’s letter, addressed to Van de Kamp, says, “In the interest of justice, I am calling on you to initiate a state criminal investigation of an April 18 border incident in which a 12-year-old Mexican boy was shot in the back by a U.S. Border Patrol agent who fired across the international border.

“Local authorities often seem to have difficulty in building cases against alleged assailants when they involve Mexican citizens at the border.

“The only recourse for those who wish to see justice served is if the California attorney general initiates a state investigation and--if the evidence warrants action--pursues criminal prosecution.”

Sigrid Bathen, Van de Kamp’s press secretary, said Steve White, chief of the attorney general’s criminal division, has requested all reports connected with the incident from the district attorney’s office. No decision is expected until those documents have been reviewed, she said.

Marco Lopez, attorney for the boy, said of the possible state and federal investigations: “If they examine it all (the evidence), the elements are there for a prosecution.”