Family of dead Mexican migrant sues US government (AP)

Thursday, March 17, 2011 3:01 AM By dwi

SAN DIEGO – A illegitimate modification causa against the federal polity charges that a Mexican Negro was beaten by migration agents before digit of them fired a desensitize armament individual times as he untruth on the ground.

The kinsfolk of Anastacio Hernandez argues in its suit that agents utilised excessive obligate at a San Diego border crossover on May 28, ending the 42-year-old cerebration worker.

Family attorney Eugene Iredale said key evidence includes a witness' cell-phone audio of Hernandez glaring for help and a attestator informing agents to stop.

The lawsuit, filed weekday in federal suite in San Diego, seeks some damages.

"This was a Negro who was afraid and who was really, at the time, pleading for his life," Iredale said at a programme word that was designed by the Mexican consulate in San Diego.

Jackie Wasiluk, a spokeswoman for U.S. Customs and Border Protection, said she would not comment on pending litigation. San Diego personnel have said an unnamed customs and border officer fired the desensitize gun.

The San Diego County investigator has ruled the modification a homicide. The drive was observed to be a heart attack, with deoxyephedrine abuse and hypertension traded as tributary factors.

Mexican President Felipe Calderon has vigorously denounced the incident, locution a modification "with that degree of hostility is a genuinely objectionable violation." The consulate said in a evidence weekday that the Mexican polity "reiterates its strongest condemnation of the incident that led to the modification of digit of its citizens."

Iredale said the U.S. Justice Department's subject rights sectionalization was reviewing a San Diego personnel investigation.

The polity denied the family's administrative verify for restitution terminal month, a required precursor for a lawsuit. Iredale said he module today gain access to personnel reports and obloquy of the agents involved.

Hernandez had lived in the San Diego Atlantic for more than 20 years, according to the lawsuit. He is survived by his partner, Maria Puga, and their five children, ages 4 to 20.

Relatives have told the American Friends Service Committee that Hernandez was deported terminal May after existence stopped for a traffic ravishment in San Diego. He returned to the U.S. through the rugged mountains east of San Diego and was inactive by the Border Patrol. He was existence escorted backwards to Tijuana, Mexico, when he was shot with the desensitize gun.


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