Thread: Border Patrol's union claiming shooting investigation being

Published: 02.06.2007

Border Patrol's union claiming shooting investigation being mishandled
By Brady McCombs
ARIZONA DAILY STAR
The Border Patrol’s union is claiming the investigation of into the shooting death of a 22-year-old Mexican man by an agent on the border near Douglas has been mishandled.
A pair of Border Patrol agents working at the Naco processing center the night of the incident, Jan. 12, wrote memos to Tucson Sector Chief Michael Nicley alleging that the Mexican Consulate was allowed to interview some of the six witnesses before U.S. investigators, which would be a breach of protocol and would put the legitimacy of those witnesses’ statements in doubt.
The statements — released by the office Rep. Tom Tancredo’s, R-Colo. — say consular officers were brought into the processing center, left alone and allowed to speak with witnesses had had not yet given their statements to a Cochise County Sheriff’s Office investigator and Border Patrol official who were interrogating witnesses one by one in a separate room.
The Mexican Consulate in Douglas and the investigating agency, Cochise County Sheriff’s Office, deny the accusations. Investigators questioned each of the witnesses before allowing staff from the Mexican Consulate to do so, said Carol Capas, spokeswoman for the Cochise County Sheriff’s Office.
Mexican consulate staff didn’t begin interviewing the witnesses until midnight after Sheriff’s investigators had finished, said Oscar de la Torre, the Mexican Consul in Douglas. Prior to that, they weren’t even in the building, he said.
Border Patrol officials declined to comment on the internal matter but said protocol requires the Mexican consulate officials to wait until the witnesses have been interviewed by U.S. investigators, said Gustavo Soto, Border Patrol Tucson Sector Spokesman.
The Arizona chapter of the National Border Patrol Council (the agency’s union) is asking that Nicley conduct an investigation into the reported breach of protocol, said Brandon Judd, vice president of Local 2544.
“My immediate concern is that thosethree witness were able to be coached by the Mexican consulate,” Judd said. “Three witnesses were able to come up with a testimony that is exactly the same, which completely taints the investigation.”
The accusations are the latest plot twist in an investigation that is being closely followed from Mexico City to Washington D.C. Mexican president Felipe Calderón condemned the killing in a diplomatic note given to U.S. State Department on Jan. 16, and the victim’s parents demanded the death penalty for the agent.
Immigrant-rights advocates within the United States have renewed their call for an independent commission to investigate agent shootings while Border Patrol supporters are working to ensure the agent is granted a fair investigation.
“When a third party gets to talk to these witnesses, who knows what took place? They’ve been tainted,” said Dave Stoddard, a former Border Patrol supervisor who retired in 1996 after 27 years with the agency. “Whether the agent is guilty of gunning the guy down in cold blood or not, who can get a fair trial here?”
The shooting occurred the afternoon of Friday, Jan. 12, about 150 yards north of the border between Bisbee and Douglas. A male agent — whose name and age are being withheld by the agency and is on paid administrative leave — responded to a call about a group of seven people who were crossing the desert, the Border Patrol says.
He took six of the seven people into custody without incident but then became involved in a fight with Francisco Javier Dominguez Rivera, 22, of Puebla, Mexico, and shot him to death, Border Patrol officials said.
Dominguez was shot one time on his side underneath his armpit, the Mexican Consulate in Douglas has said.
Other details — including whether Dominguez had a gun or weapon or what happened during the reported scuffle — remain a mystery. The Cochise County Sheriff’s Office has repeatedly denied public record requests by the Arizona Daily Star to view the autopsy results (performed Jan. 17), official reports of the incident or watch a video that was taken by Border Patrol surveillance cameras from about one mile away.
While Cochise County is handling the lead investigation, the FBI has gathered evidence for an assault on a federal agent investigation, as it does with any shooting involving a federal agent, said Deborah McCarley, an FBI spokeswoman in Phoenix. But, with the suspect dead, they aren’t carrying out a full-fledged investigation because it wouldn’t make sense, she said.
Upon completion of the Cochise County investigation, the FBI will send the packet of information to the Department of Justice, which will determine if any civil rights have been violated, she said.
Dominguez, a construction worker in Mexico, was trying to cross into the United States illegally with a group that included his two brothers, ages 23 and 20, and his sister-in-law, 19.
Those three remain in the United States in custody of Mexican officials, de la Torre said. The other three witnesses agreed to voluntary deportation on Jan. 31 and returned to their homes in Mexico after cooperating with investigators, he said.
Cochise County Sheriff’s investigators are in the process of completing the report to send to the county attorney but no timetable has been set, Capas said.
http://www.azstarnet.com/sn/printDS/167964

http://cbs4denver.com/local/local_story_038084843.html

Feb 7, 2007 6:46 am US/Mountain

Tancredo Weighs In On Fatal Border Shooting
(AP) TUCSON, Ariz. A probe into last month's fatal shooting of a Mexican man by a Border Patrol agent near Douglas has been mishandled, according to the agency's union.

Two agents working at the Naco processing center on the night of the incident wrote memos to Tucson Sector Chief Michael Nicley alleging that the Mexican Consulate was allowed to interview some of the six witnesses before U.S. investigators.

Union officials said that would be a breach of protocol and would put the legitimacy of those witnesses' statements in doubt.

The statements -- released by the office of Rep. Tom Tancredo, R-Colo. -- say consular officers were brought into the processing center, left alone and allowed to speak with witnesses.

They had not yet given their statements to a Cochise County Sheriff's Office investigator and a Border Patrol official who were interrogating witnesses one by one in a separate room.

The Mexican Consulate in Douglas and the Cochise County Sheriff's Office deny the accusations.

Investigators questioned each of the witnesses before allowing staffers from the Mexican Consulate to do so, sheriff's spokeswoman Carol Capas said.

Mexican consular officials didn't begin interviewing the witnesses until midnight and after sheriff's investigators had finished, said Oscar de la Torre, the Mexican consul in Douglas.

Border Patrol officials declined to comment on the matter but said protocol requires the Mexican Consulate officials to wait until the witnesses have been interviewed by U.S. investigators, said Gustavo Soto, Border Patrol Tucson Sector spokesman.

The Arizona chapter of the National Border Patrol Council is asking that Nicley conduct an investigation into the reported breach of protocol.

The shooting occurred the afternoon of Jan. 12, about 150 yards north of the border in an area between Bisbee and Douglas.

A male agent -- whose name and age are being withheld and who is on paid administrative leave -- responded to a call about a group of seven people crossing the desert.

The agent took six people into custody without incident but then became involved in a fight with Francisco Javier Dominguez Rivera, 22, of Puebla, Mexico, and shot him to death, Border Patrol officials said.

Dominguez, a construction worker in Mexico, was trying to cross into the United States illegally with a group that included his two brothers and his sister-in-law, according to authorities.

http://www.douglasdispatch.com/articles ... /news6.txt

Border shooting now in county's hands

Mar 2, 2007

BISBEE - Local prosecutors have begun reviewing evidence to determine whether to file criminal charges against a Border Patrol agent who shot and killed an illegal Mexican immigrant near Naco earlier this year.

County Attorney Ed Rheinhemier confirmed on Thursday that he received a report this week from the Sheriff's Office detailing its investigation into the Jan. 12 shooting of Francisco Javier Dominguez-Rivera. He would not, however, offer a timetable for reviewing what he described as a "pretty complex investigation."

"A timetable is such an arbitrary way of approaching something like this," Rheinheimer said, adding the case would take "as much time as needed to review it thoroughly and make the correct decision."Dominguez-Rivera, 22, originally from the central Mexican state of Puebla, was shot and killed during a confrontation with an unidentified Border Patrol agent as the agent attempted to detain seven people crossing the desert east of Naco.

The victim, a construction worker who was traveling with two brothers and a sister-in-law, was reportedly unarmed.

The agent is on administrative leave pending the outcome of the case.

Speaking immediately after the incident, Lt. Cmdr. Mark Dannels of the Sheriff's Office said the shooting was triggered by a rock-throwing episode, and that the agent fired at Dominguez-Rivera because he feared for his life.

Few other details have been released in the case, which was investigated by both the Sheriff's Office and the FBI. An FBI spokeswoman in Phoenix did not return a call on Thursday requesting a status report on the federal investigation.

Rheinheimer said that regardless of whether he decides to press charges, he expects to take some heat for his decision.

"Either way, it's a no-win situation for one side or the other," he said. "It's going to be a real difficult case, and I hope people will be patient."