Violence at Border Draws Mexico’s Fire : Inquiry Sought Into Shooting by U.S. Agent

For the second time this year, the Mexican government has lodged a protest over “violent acts” involving the shooting of illegal immigrants by Border Patrol agents in the Tijuana-San Diego border area.

The latest criticism by the Mexican government stems from Tuesday’s shooting of Francisco Ruiz Chavez, 23, after he allegedly hit a Border Patrol agent in the head with a rock. Also apprehended in the incident was a woman, Castenada Serna, 21, who was not injured but is still in custody.

Ruiz was shot once in the abdomen and once in the groin. Witnesses said the border agent, who has not been identified, fired as he was falling down after reportedly being hit by the rock. Ruiz was hospitalized at UC San Diego Medical Center, where he is reported in good condition.

“The Mexican government is deeply worried about the frequency of violent acts committed in U. S. territory against undocumented Mexicans, especially in the border zone of Tijuana-San Diego,” the Mexican foreign ministry said in a statement Thursday night.

The statement said that Mexico’s ambassador to Washington, Gustavo Petricioli, plans to ask the State and Justice departments for an investigation of the incident.

“The Mexican government has decided to make a gesture to the highest level of the U. S. government to ask for an exhaustive investigation, not only of this lamentable act but of the frequency of these violent acts occuring with the participation of U. S. police officials,” according to the statement.

Gene Smithburg, assistant chief patrol agent for the Border Patrol in San Diego, said his office has been told of the Mexican government’s criticism. He said an official response to the protest would have to come from the Immigration and Naturalization Service’s headquarters in Washington. Officials there were not available for comment.

Tuesday’s episode took place in one of the most violent areas along the U.S.-Mexico border in San Diego, where there often are confrontations between U. S. authorities and Mexican bandits who prey upon those illegally crossing the border.

The Border Patrol said one of its officers opened fire at about 11 a.m. when he was hit by at least one rock allegedly thrown, or carried in the hand, by Ruiz, who tried to stop the agent from arresting Serna. An American witness, Mary Ellis, saw the incident and told officials that Serna was putting up a fight as the agent tried to handcuff her.

The confrontation occurred on U. S. land near a flood-control levee that runs just north of the border and west of the port of entry at San Ysidro, according to the Border Patrol. The agent was taken to a hospital, treated for his head wound and released.

In January, the Mexican government protested the shooting deaths of two Mexican citizens by Border Patrol agents.

In that incident, a special border crimes task force, which was formed to capture Mexican bandits who rob undocumented workers as they cross the border, fired on a group of men that U. S. law enforcement officials said threatened the elite police unit.

The police unit opened fire and killed two men and wounded two others. Police investigators later found three screwdrivers and a machete at the scene.

The Mexican government, however, painted a vastly different picture of the shooting. Mexican officials said the two dead men were gunned down from behind as they were fleeing the officers and attempting to run back into Mexico. The Mexican Embassy in Washington delivered a diplomatic note of protest over the shooting. And an attorney representing the families of the two dead men said he is planning to file a $15-million wrongful-death claim with U. S. authorities.