Border Patrol Agents Deemed Not Negligent in Fatal Chase : Courts: Federal judge in Santa Ana rules against husband of pregnant woman killed when a car being pursued crashed into hers in Temecula 2 years ago.

A federal court judge has ruled that two Border Patrol agents were not negligent in a chase that ended when the car they were chasing crashed into another car, killing a pregnant woman.

In a one-page decision signed Monday, but disclosed to attorneys on Wednesday, U.S. District Judge Lawrence T. Lydick ruled against Paul Stuart, 39, of Temecula, who sued the Border Patrol, claiming it was responsible for his wife’s death.

“I feel betrayed by the U.S. government,” Stuart said Wednesday after hearing about the ruling. “They killed my wife. Half of my family died because the Border Patrol wanted to check some immigration papers.”

The crash in Temecula was similar to the June 2 tragedy in the same city when a truck being chased by immigration agents went out of control and killed six people.

According to Stuart’s lawsuit, the Border Patrol agents violated the department’s pursuit policy when they chased a Hyundai that crashed into the Stuarts’ Mercedes-Benz on the night of Feb. 6, 1990. He contended they went too fast and followed too close during the pursuit.

Stuart’s wife, Babette, and her 5-month-old fetus were killed instantly when the Hyundai broadsided the passenger side of their car. Stuart and his then-20-month-old son sustained minor injuries.

Attorney Raymond P. Johnson, who represented Stuart, had argued that the evidence showed that the Border Patrol car also hit the Mercedes, but covered up the evidence. If that were true, Johnson contended, it would prove that the agents were negligent in the chase because they were following too close.

Johnson said he will appeal the case.

Assistant U.S. Atty. James R. Sullivan declined to comment on the case or the judge’s ruling.

Since that crash and the second one that killed six people, the Border Patrol has rewritten its pursuit policy that calls for, among other things, closer supervision of chases and better coordination with local police and laws.

Because of the Border Patrol’s effort--which it said was being rewritten before the June 2 crash--Temecula city officials decided not to pursue their lawsuit against the Border Patrol. That suit, prompted by the June 2 crash, claimed the agency’s policy for chases was ambiguous and left too many life-and-death decisions to the discretion of the pursuing officers.