Family of slain ICE agent filed claim with gov't


By Alicia A. Caldwell June 21, 2012 6:50 am

WASHINGTON (AP) - The family of an Immigration and Customs agent slain in Mexico has filed a $25 million wrongful death claim against the U.S. government.

A pair of South Texas law firms representing the family of ICE Agent Jaime Zapata filed the claim June 14 and named ICE, the FBI, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Justice Department as defendants. Attorneys for Zapata's parents, Mary and Amador Zapata, named several supervisors at the agencies and FBI Director Robert Mueller and Attorney General Eric Holder.

The claim notice is a precursor to a lawsuit.

A Justice Department spokesman declined to comment.

Zapata was killed in a roadside attack near San Luis Potosi in northern Mexico in February 2011. Fellow agent Victor Avila was wounded.

A separate, $12.5 million claim citing negligence and intentional infliction of emotional distress was filed on Avila's behalf.
According to the claims, two AK-47 assault rifles bought in Texas and smuggled into Mexico were used by the attackers to fire more than 90 rounds at the men. Lawyers for the agents said the government's practice of allowing U.S.-bought weapons to be taken into Mexico as part of broader gun trafficking investigations involving Mexican cartels allowed the weapons used in this case to be smuggled across the border.
The practice, which has been highlighted in ongoing investigations of the ATF's Operation Fast and Furious, has been widely criticized by lawmakers.
A House oversight committee voted Wednesday to hold Attorney General Eric Holder in contempt for failing to turn over records related to that investigation. President Barack Obama had earlier asserted executive privilege in withholding the documents.

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