FBI Probing Slayings by Members of Border Unit

The FBI has launched an inquiry into the deaths of two Mexican citizens who were shot earlier this month by members of a special anti-crime squad consisting of San Diego police officers and U. S. Border Patrol officers.

Robert Watkins, an FBI spokesman in San Diego, confirmed that the agency had begun a “preliminary inquiry” into possible civil-rights violations in connection with the shootings, which have focused public scrutiny on the operations of the Border Crime Prevention Unit.

The city-federal unit is dedicated to reducing crime against the hundreds of thousands of illegal aliens who enter the United States each year from Tijuana, often crossing through treacherous canyons frequented by bandits. But some critics have charged that the unit’s violent record--members have shot 44 people, killing 18, during its five years of existence--render the protectors more of a hazard to border crossers than the thieves.

Ruling by DA

The San Diego County district attorney’s office, which reviews all shootings by law enforcement officers, has ruled that every shooting looked at to date has been justified. Authorities could recall no other recent case in which the FBI investigated a shooting by the joint border detail.

Marco E. Lopez, a San Diego attorney who represents the families of the two men shot dead in the most recent incident, has charged that witnesses saw both men being shot from behind, while handcuffed, as they were fleeing back to Mexico. San Diego police rejected that version of the shooting, contending instead that the two were shot as they attempted to rob members of the anti-crime unit. The attorney says the dead men were alien smugglers, not robbers.

The families of both men say they intend to file $15-million civil claims against the U. S. government.

The men and two accomplices were armed with a machete and three screwdrivers, police said. Border detail mem bers generally carry two weapons each, usually including 9-millimeter automatic pistols, and at least one shotgun per team. A Tijuana pathologist’s report indicates that both men were shot from behind.

‘Unnecessary Violence’

The Mexican Embassy in Washington, citing the apparent “disproportionate (and) unnecessary violence,” has sent a note to the State Department formally requesting a thorough investigation into the matter.

Enrique Berruga, a spokesman for the Mexican Embassy, called the involvement of the FBI a “good sign” but declined to comment further.

William Braniff, the U. S. attorney in San Diego, attributed the FBI involvement in part to a recent Justice Department policy switch giving the bureau more latitude in investigations formerly handled by Justice’s Office of Professional Responsibility, a kind of internal affairs unit. Braniff also cited the severity of the allegations.

“It’s natural that an investigation would follow,” Braniff said.

Agents Identified

Police identified the three officers who fired their weapons as John Roberts, Joel Saldana and Michael Moran, all agents of the U. S. Border Patrol, an enforcement arm of the Immigration and Naturalization Service. The INS is itself under the Justice Department umbrella. The names of the San Diego officers who accompanied them, but did not fire their weapons, were not disclosed.

A spokesman for the San Diego Police Department said he was unaware of the FBI inquiry and declined to comment. Robert Gilson, assistant chief Border Patrol agent in San Diego, vowed to cooperate.

The border anti-crime unit has been largely inactive since the most recent shooting, which occurred Jan. 4, but senior police officers have said they plan to redeploy the unit soon. All members are volunteers who serve four-month stints, authorities say.

Killed were Jose Martin Lopez, 21, and Sabino Silva Chavez, 24, both of whom were said to have been living in Tijuana.