Concerns persist in 2003 Border Patrol shooting
Activists want procedures, ruling scrutinized
By Aileen B. Flores / El Paso Times
Article Launched: 07/30/2008 12:00:00 AM MDT


Ruben Garcia, director of Annuniciation House, listened to a question posed during a conference to respond to a judge's ruling which found the U.S Border Patrol not liable in the 2003 shooting death of Juan Patricio Peraza, a 19-year-old undocumented Mexican immigrant. Peraza is pictured with an unidentified child at right. (Victor Calzada / El Paso Times)EL PASO -- Community and religious leaders Tuesday called for an evaluation and the appeal of a judge's decision that a U.S. Border Patrol agent was not negligent in the 2003 fatal shooting of an undocumented Mexican immigrant.
In a room full of people at the Casa Vides Center in Downtown El Paso, Ruben Garcia, director of Annunciation House, called for an evaluation of the investigative procedures used in shooting deaths involving law enforcement entities and immigrants, such as the case of 19-year-old Juan Patricio Peraza.

On Feb. 22, 2003, Peraza was shot and killed by Border Patrol agent Vernon Billings while Peraza was wielding a 5-foot pipe in a confrontation with agents near Annunciation House, a Downtown shelter for immigrants.

Federal Judge Richard Mesa determined that Peraza had ample opportunity to surrender and that Billings, who believed he was in danger, was justified in using deadly force.

A review of the decision opened critical questions about the motives and reasons that led Mesa to rule in favor of Billings, said Fernando Garcia, director of the Border Network for Human Rights based in El Paso.

"It seems that Judge Mesa opted to maintain the status quo where judges and law enforcement agencies protect each other, no matter how grave the violation, as if bringing clear and blind justice would hurt our judicial system," Garcia said.

Mesa could not be reached for comment.

Garcia said the judge found the Border Patrol agents at the scene more


reliable than two lay witnesses when they had the opportunity to talk about the shooting before Bil lings gave his statement to the police.
Members of the Border Network for Human Rights proposed to appeal the case to a higher court "with the hope for getting an unbiased and clear ruling."

Jose Romero, a spokes man for the Border Patrol in El Paso, said "the decision speaks for itself."

Romero said the Border Patrol believes in the integrity of the judicial system and respects the court's decision.

In his ruling, Mesa criticized the Border Patrol and stated that "the shortcomings of the investigation are not inconsequential and do not create confidence in BP (Border Patrol) management's policy decisions ... ."

"In short, the failure to investigate properly did not cause Peraza's death and does not rise to the level of misconduct that would cause the court to alter its credibility determinations."

Peraza's parents, who sued the federal government seeking unspecified damages in the death, were not at the meeting Tuesday.


Aileen B. Flores may be reached at aflores@elpasotimes.com; 546-6362.

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