Will Border Patrol Agent Stand Trial In Mexico?

Will Border Patrol Agent Stand Trial In Mexico?

Jessica Molinar Muñoz Producer
POSTED: Tuesday, May 1, 2012 - 22:29
UPDATED: Wednesday, May 2, 2012 - 14:16

CUIDAD JUAREZ, MX -- The Governor of Chihuahua announced he will ask the state to extradite the Border Patrol agent who killed a teen on the border almost two years ago.

As we reported, The Department of Justice is not filing charges against agent Jesus Mesa who shot and killed 15 year old Sergio Hernandez Guereca in June of 2010. Mesa was also being investigated in Chihuahua.

The governor says State Police have enough evidence to extradite and charge Mesa in Mexico.

"The fundamental thing is to bring justice. We can make an example of this man who took the life of a young Juarez boy. This would be a strategy until we establish a method that credits the judicial system. On the contrary, the crimes on the border aren't being punished," said Chihuahua Gov. Cesar Duarte.

Will Border Patrol Agent Stand Trial In Mexico? | KTSM News Channel 9

Lawyer says border patrol agent charged with murder of Mexican teen won’t attend Mexico trial

By Associated Press, Updated: Friday, May 4, 7:14 AM

EL PASO, Texas — The lawyer for a U.S. Border Patrol agent charged in Mexico in the shooting death of a teenager along the Rio Grande is rebuffing calls from a Mexican government official that he be sent to there for trial.

Gov. Cesar Duarte of the Mexican state of Chihuahua demanded Thursday that Jesus Mesa be extradited to face murder charges in the June 2010 killing of 15-year-old Sergio Adrian Guereca. Mesa was on a bicycle patrol alongside the river that divides Texas and Mexico when the boy — among some youths tossing rocks at the officer — was fatally shot.

Lawyer Randy Ortega tells the El Paso Times (Chihuahua officials seek extradition of border agent in the '10 shooting death of teenager - El Paso Times ) that Mesa was acting in his official capacity and doesn’t believe there’s any treaty that requires Mesa to be extradited.
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Information from: El Paso Times, Home - El Paso Times

Lawyer says border patrol agent charged with murder of Mexican teen won’t attend Mexico trial - The Washington Post

Chihuahua officials seek extradition of border agent in the '10 shooting death of teenager

By Marisela Ortega Lozano and Aaron Bracamontes \ El Paso Timeselpasotimes.com
Posted: 05/04/2012 08:32:44 AM MDT

Family of Juárez 15-year-old shot and killed by a U.S. Border Patrol agent: 'We just want justice

'Chihuahua's governor on Thursday demanded that a U.S. Border Patrol agent charged with murder in Juárez in the shooting death of a teenager on the banks of the Río Grande be sent to Mexico to stand trial.

The agent's El Paso lawyer said that will not happen.

"He is a U.S. citizen, and he was an agent of the United States Border Patrol acting in his capacity," said lawyer Randy Ortega. "I don't believe there is any treaty or pact that would allow him to be extradited."

On Thursday, Chihuahua Gov. César Duarte said he wants the agent, Jesus Mesa, extradited to answer for the death of Sergio Adrián Güereca, 15.

Mesa has been charged with murder by the Chihuahua officials and faces 20 to 25 years in prison if convicted.

"From here (Juárez), we demand that the Mexican government seek extradition of border patrol agent Jesus Mesa to be prosecuted in Chihuahua," Duarte said in a news release. "We have enough evidence to put Mesa on trial here in Chihuahua."

On June 7, 2010, Mesa was patrolling on a bicycle along the Rio Grande when he came upon a group of boys, who included Güereca. The boys were running up a concrete spillway of the Rio Grande and touching a chain-link fence on the U.S. side.

When Mesa took one of the boys into custody, the rest of the group allegedly began to throw rocks at the agent. Mesa then fired at the group, striking Güereca twice, once fatally in the head.

The incident was recorded on a cellphone and shown on Mexican television.

"Since the U.S. often claims human-rights alleged violations against their citizens abroad, that is enough for President Obama to surrender this agent," Duarte said.

Duarte asked Mexican Interior Department Secretary Alejandro Poiré to demand extradition of Mesa. At this point, it's not known whether Mexico has officially asked that the U.S. government hand Mesa over to Mexican authorities.

In recent years, Mexico has extradited to the United States many Mexican citizens who were wanted on drug-smuggling, murder and other charges.

"There will be justice" for Güereca, Duarte vowed. "Chihuahua's government is starting this fight and we are going to make justice; there is already a warrant arrest against Mesa."

However Mesa's lawyer, Ortega, said he does not think his client will be extradited.

"I always believed they would do this in order to gain media publicity," Ortega said. "I think it's more a deflection tactic."

Mesa has been cleared of any wrongdoing by U.S. authorities, including all civil and criminal charges, and he is no longer under investigation in the U.S.

If Mexico does ask for an extradition, Ortega said, he will work with the Justice Department, but he fully expects the extradition to be dismissed.

According to Chihuahua officials in Juárez, the boy's mother, María Guadalupe Güereca, approached Duarte during a law and safety forum in Juárez and asked him to prosecute Mesa.

"I hope you can help us," Güereca was quoted as saying in the news release. "I don't want money, but justice for my son. I want the agent to be punished. My son was not a smuggler at all. He was in the wrong place at the wrong time."

Marisela Ortega Lozano maybe reached at mortega@elpasotimes.com; 542-6077.

Aaron Bracamontes may be reached at abracamontes@elpasotimes.com; 546-6156.

Chihuahua officials seek extradition of border agent in the '10 shooting death of teenager - El Paso Times

Mexico Threatens U.S. For Absolving BP In Illegal Alien Shooting

He had bettter not have to be tried down there! Our government can not let that happen!