San Luis R.C. mayor files complaint
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October 28, 2009 11:43 AM

BY CESAR NEYOY AND JAMES GILBERT

The mayor of San Luis Rio Colorado, Son., has lodged a complaint with the chief of the U.S. Border Patrol's Yuma Sector alleging agents hurled one or more concussion grenades at two Mexican nationals who had been chased back into Mexico.

In the complaint filed with Sector Chief Paul Beeson, Mayor Manuel Baldenebro said the grenade or grenades were thrown over the border fence in the area near 27th Street and Carlos G. Calles Avenue at about 9 p.m. Oct. 19.

There were no injuries or damages, Baldenebro said, but "it was a considerable scare for the families who live in the area."

The incident occurred after three Mexican Nationals allegedly crossed the border, Baldenebro said, one of whom was reportedly arrested by Border Patrol agents. Two others were chased back across the border.

Baldenebro said he didn't know what would have prompted the use of grenades. "These things shouldn't have happened."

In his complaint, Baldenebro called the incident an "act of aggression" against Mexican citizens and the nation's sovereignty.

According to Agent Shaun Kuzia, a spokesman for the Yuma Sector Border Patrol, agents were assaulted on Oct. 19 while conducting an enforcement operation in San Luis, Ariz.

The operation, he said, was designed to prevent a group of individuals who had, on a number of occasions, unlawfully entered the United States from Mexico just east of the U.S. Port of Entry at San Luis, Ariz., with the intent to steal copper wire from the light poles located between the primary and secondary border fences.

Kuzia said the individuals have also entered the United States and caused significant damage to government property, including the tactical infrastructure that is in place in the San Luis area.

While agents were conducting this operation, Kuzia said, they observed several subjects trying to steal copper wire from the light poles.

As agents moved to make an arrest of the individuals, they used a percussion munition to distract the subjects and provide cover for their advance.

The suspects, Kuzia said, fled back to Mexico by climbing the primary border fence. Initial information indicates that these same subjects began an assault on the agents by hurling rocks over the fence.

As a defensive maneuver, agents deployed one less-than-lethal device over the fence to stop the attack and to allow them to move away to a safe position, according to the Border Patrol.

The less-than-lethal device deployed by agents, Kuzia said, was a sting ball rubber munition which, upon activation, propels rubber balls into the area surrounding the device.

Kuzia said this type of device is only available for trained law enforcement officers and is designed for rapid delivery in quickly changing tactical situations. It is intended to provide deploying officers additional standoff distances.

The percussion munition that the agents initially used is designed to momentarily stun, blind and distract, Kuzia said. In this case, agents deployed a percussion munition as they approached the subjects in order provide concealment in what is otherwise a wide-open area.

Kuzia said Beeson has received complaints from Mayor Baldenebro and from the Mexican Consulate. Those complaints, he said, are currently under review.

Baldenebro has demanded an investigation of the incident by the patrol and said he will also make a complaint through the Mexican consul's office in Yuma.

During fiscal year 2009, Border Patrol agents were assaulted 37 times, 31 of which involved rocking incidents, according to reports.

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