Judge Rules Border Agents Not Negligent

A federal 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 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 was similar to the June 2 tragedy in Temecula when a Chevrolet Suburban 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 blue Hyundai into the Stuarts’ Mercedes-Benz on the night of Feb. 6, 1990. Stuart contended they went too fast and followed too closely 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 received minor injuries.

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