Tijuana

A federal judge took under submission Thursday the $3-million lawsuit filed by a 14-year-old Mexican youth who was shot in the back by a U.S. Border Patrol agent in 1985.

U.S. District Judge Judith Keep told the attorneys for Humberto Carrillo they have until noon Monday to submit additional legal papers. She heard the case without a jury.

The boy, then 12, was shot April 18, 1985, by Agent Edward Cole after he allegedly started to throw rocks at another agent. Cole has since transferred to work along the Canadian border at Buffalo, N.Y.

Carlos Alcala, one attorney for the boy, asked Keep for $3 million in damages. Assistant U.S. Attorney Michael Quinton asked for a defense verdict and no damages.

“The shooting of this child in the back was completely unwarranted,” Alcala argued.

Alcala said the boy did not throw any rocks at agents. He said the shot came without warning from across the border “for the perceived threat of a rock.”

Alcala recited the medical expenses the boy and his family in Tijuana have incurred. He said the bullet fractured four ribs and the boy was in terrible pain at the time. Hospital bills exceeded $15,000.

“His childhood has been stolen by the cowardly act of Agent Cole’s bullet,” Alcala said, adding that Humberto has suffered depression, shame and nightmares since the shooting. Alcala said the boy won’t remove his shirt in front of others because of his “ugly scar.”

Quinton, representing the government, argued that there is danger of being hit by large rocks despite the age or size of the person throwing the rocks. He said rocks “can kill or maim” if they hit in vital areas.

Keep said she would issue a ruling “as soon as possible” after the attorneys submit more legal papers Monday.