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Video: Border Agent Who Shot Teen Wasn't Surrounded

Jun 10, 2010 – 1:35 PM
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Mara Gay

Mara Gay Contributor

(June 10) -- A video of the fatal shooting of a 14-year-old Mexican teenager by a U.S. border agent seems to undercut the FBI's contention that the agent acted in self-defense.

The images were captured by a cell phone camera on the Mexican side of the border and broadcast Wednesday evening on Mexican television. They are grainy, and by no means offer a complete portrait of the series of events that led to Sergio Adrian Hernandez Huereca's death.

But the video clearly discredits the FBI's assertion that the agent only opened fire after he was "surrounded" by illegal immigrants who threw rocks at him.
Sergio Adrian Hernandez Huereca, shooting, video
Primer Impacto / Univison
Mexican federal police and forensic experts stand next to the body of 14-year-old Sergio Adrian Hernandez Huereca. The boy was allegedly shot by a U.S. Border Patrol agent after a confrontation, according to Mexican authorities.

An FBI official with knowledge of the case told AOL News today that the agency has seen the video and stands by its account of the incident.

The incident began Monday evening at the Paso Del Norte bridge near the Ciudad Juarez-El Paso border. Four Mexican citizens crossed into the United States illegally, and were chased down by an unnamed U.S. border agent on a bicycle.

On the video, the agent can be seen dismounting the bike and then grabbing one of the men by the arm, briefly dragging him across the dusty ground on the U.S. side of the border. Then, as one suspect flees toward the Mexican side of the border, the agent is seen holding up his firearm. Just seconds later, three shots are heard.

The audio does seem to suggest that rocks were thrown.

"They are throwing rocks. He hit him, that stupid one, hit him," witnesses say in Spanish.

Hernandez was shot and killed on the Mexican side of the border.

Tuesday, FBI Special Agent Andrea Simmons released this statement
about the incident:

"This agent, who had the second subject detained on the ground, gave verbal commands to the remaining subjects to stop and retreat. However, the subjects surrounded the agent and continued to throw rocks at him. The agent then fired his service weapon several times, striking one subject who later died."

The shooting itself doesn't appear on the tape, so it is impossible to know if the four men were throwing rocks at the agent when he opened fire. But the video shows that the agent is clearly not "surrounded" by men throwing rocks, calling the FBI's account of the incident into question.

The video's emergence will almost certainly increase tensions between the United States and Mexico, where the teen's death has been met with an outcry and the public is already simmering over Arizona's tough new immigration law.

Tuesday, Mexico's Foreign Ministry released a statement condemning the teen's death, charging that "the use of firearms to repel a rock attack represents a disproportionate use of force."

The same day, Mexican President Felipe Calderon vowed to "use all resources available to protect the rights of Mexican migrants."

Hernandez was a student at a Juarez school, but U.S. officials have said he was also helping to smuggle people across the border.

It is the second time in two weeks a Mexican citizen has died at the hands of the U.S. Border Patrol. Anastacio Hernandez, 32, died after an agent shot him with a stun gun. That death that was ruled a homicide by the San Diego medical examiner last week.

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