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Thread: Border Patrol Faces Heat Over Use of Lethal Force on Unarmed Immigrants

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  1. #1
    Senior Member HAPPY2BME's Avatar
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    Border Patrol Faces Heat Over Use of Lethal Force on Unarmed Immigrants

    WSJ
    3/4/14
    By Miriam Jordan

    The report recommended that agents refrain from shooting at rock throwers and moving vehicles, according to the two officials.
    Border Patrol Faces Heat Over Use of Lethal Force on Unarmed Immigrants

    On a January night in the Arizona desert, a U.S. Border Patrol agent pursued and killed an illegal immigrant named Gabriel Sanchez.

    The border agency said Mr. Sanchez tried to grab the agent’s gun, prompting him to shoot. The lawyer representing the victim’s family said the circumstances of the shooting remain uncertain. “The only thing we have to speak for the deceased is physical evidence,” said Phoenix attorney Daniel Ortega.

    The agency, whose ranks have expanded rapidly since the 1990s, faces mounting questions about the use of lethal force. A critical report last year by the Homeland Security Office of Inspector General suggests an urgent need to improve training, strengthen supervision and transform the culture of the Border Patrol.

    An official at the Department of Homeland Security said Tuesday that it had addressed some of these concerns, and that more changes may occur.

    In congressional testimony last week, Jeh Johnson, the new Homeland Security secretary, said that U.S. Customs and Border Protection, which manages border agents, would announce new policies for the use of force “any day now.” Mr. Johnson said he was “interested in reviewing some of the more recent cases myself to ensure that we’re getting this right.”

    Critics of the agency’s use of lethal force found new ammunition for their complaints when a highly critical report commissioned by the CBP on border shootings was leaked last week. The report by the Police Executive Research Forum, a Washington-based research group that helps law-enforcement agencies improve performance, said the agency has failed to diligently investigate shooting deaths, according to two government officials who said they had read the report. It also said that agents sometimes stood in front of moving vehicles to justify opening fire on the drivers, and that they confronted, rather than distanced themselves from, rock throwers.

    The report recommended that agents refrain from shooting at rock throwers and moving vehicles, according to the two officials. One official said Mr. Johnson was likely to focus his attention on those recommendations in devising a new policy.

    A CBP spokesman said the agency “agrees with the spirit and intent” of the report’s recommendations and already has begun to take steps to implement most of them.

    http://online.wsj.com/news/articles/...17570736618890
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  2. #2
    Super Moderator Newmexican's Avatar
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    The report recommended that agents refrain from shooting at rock throwers and moving vehicles, according to the two officials. One official said Mr. Johnson was likely to focus his attention on those recommendations in devising a new policy.

    In Califonia rocks are considered deadly weapons.
    California PC 245(a)(1) - Assault with a Deadly Weapon

    California Penal Code 245(a)(1) Assault with a Deadly Weapon is a serious crime, and can be charged as a California misdemeanor or felony. The prosecutor will make a decision to file a PC 245(a)(1) charge as a misdemeanor or felony based upon the type of weapon used, whether the alleged victim was injured, and the seriousness of that injury. The criminal defense attorneys at the Law Offices of Pereira & Moffatt are very experienced in defending against PC 245(a)(1) charges here in Orange County.
    Let’s take a look at some common questions our clients have about PC 245(a)(1) Assault with a Deadly Weapon, or “ADW” for short.
    Elements of the Crime – PC 245(a)(1) ADW
    To be convicted of PC 245(a)(1), the prosecutor must prove that a defendant:


    1. Assaulted someone, and
    2. The assault was committed using a deadly weapon or other means of force likely to cause great bodily injury.

    What is an “assault”?
    An “assault” is defined under Penal Code 240, the most basic California law for assault. Take a look at our page for PC 240 Assault.

    What is a “deadly weapon”?
    For most of us, guns and knives come to mind first. But, a deadly weapon can be any object. Rocks, pens, baseball bats, any item we find in our daily lives which can be picked up and used to attack someone can be a “deadly weapon” for the purposes of PC 245(a)(1).

    Read the rest at:
    http://www.npcrimlaw.com/index.php?id=12
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  3. #3
    Super Moderator Newmexican's Avatar
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    From the National Border Patrol Council,
    American Federation of Government Employees,
    AFL-CIO
    ROCK ASSAULTS ARE DEADLY FORCE, SAYS BORDER PATROL UNION
    Thursday, 10 June 2010
    FOR IMMEDIATE RELEASE


    Rock Assaults are Deadly Force, says Border Patrol Union

    El Paso, TX - June 9, 2010 - Since biblical times, rocks have been used as a crude but effective weapon to injure and kill humans. On June 8, 2010, when Border Patrol Agents were assaulted at the U.S./Mexico border by several individuals armed with rocks, they were forced to defend themselves and their fellow agents.

    Border Patrol Agents are not trained, nor paid to withstand violent assaults without the ability to defend themselves. Rocks are weapons and constitute deadly force. If an agent is confronted with deadly force they will respond in kind. No agent wants to have to shoot another human being, but when an agent is assaulted and fears for his life then his hand is forced.

    The government of Mexico has done their usual grandstanding where they hurled baseless accusations at the Border Patrol agents, made claims of racism, and portrayed the deceased criminal as an innocent boy who had never done a thing wrong in his life. None of these statements have any merit. Mexico bears quite a bit of responsibility whenever one of its citizens dies along the border due to its allowing criminal organizations free-reign and its refusal to police its northern border.

    While the loss of this teenager’s life is regrettable, it is due solely to his decision to pick up a rock and assault a United States Border Patrol Agent. We stand behind the actions of the agents who did their duty in El Paso, and are confident that the investigation into his incident will justify their actions.

    Official Copy of Press Release (Requires Adobe Acrobat Reader
    http://www.nbpc.net/index.php?option...d=321&Itemid=1
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  4. #4
    Senior Member vistalad's Avatar
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    Quote Originally Posted by HAPPY2BME View Post
    It also said that agents sometimes stood in front of moving vehicles to justify opening fire on the drivers, and that they confronted, rather than distanced themselves from, rock throwers.

    The report recommended that agents refrain from shooting at rock throwers and moving vehicles, according to the two officials.
    Standing in front of moving vehicles, to justify opening fire, or standing front of moving vehicles to let the drivers know what is going to happen if they don't obey an order to stop? Well, what the heck. If the drug runners have a fast car, they deserve to get away. Ask any 'Bamacrat.

    Sometimes it really does seem that 'Bama and the Crats really are quislings, because they oppose pretty much anything that would actually protect American interests, including our culture and our environment.
    ************************
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    American jobs for American workers

    Fair trade, not free trade
    Last edited by vistalad; 03-05-2014 at 09:38 PM.
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  5. #5
    Senior Member HAPPY2BME's Avatar
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    Border Patrol issues lethal force directive after shootings

    Following a series of disputed shootings, the U.S. Border Patrol issued a new lethal force directive Friday which prohibit agents from shooting at moving vehicles and at rock-throwing assailants except in instances when the threat could be deadly.
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  6. #6
    Senior Member JohnDoe2's Avatar
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    Border Patrol policy still permits agents to shoot at rock-throwers

    Washington Times - ‎1 hour ago‎
    U.S. Border Patrol agents can still use deadly force to respond to rock-throwing attacks along the border, even though they must take care in assessing whether their lives are in danger, BorderPatrol Chief Michael J. Fisher said in a new directive Friday. . .
    NO AMNESTY

    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


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  7. #7
    Senior Member HAPPY2BME's Avatar
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    Border Patrol issues lethal force directive after shootings

    Following a series of disputed shootings, the U.S. Border Patrol issued a new lethal force directive Friday which prohibit agents from shooting at moving vehicles and at rock-throwing assailants except in instances when the threat could be deadly.

    http://www.usatoday.com/story/news/n...ctive/6169011/
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