By BRIAN SKOLOFF
Associated Press
PHOENIX (AP)
-- An autopsy report indicates a Mexican teen who apparently was shot to
death by a U.S. Border Patrol agent in October was struck by at least
eight bullets, all but one hitting him in the back.
The
report, provided to The Associated Press on Thursday by an attorney for
the 16-year-old boy's family, was conducted by medical examiners in
Mexico and describes several other wounds, but it's unclear if they
account for additional bullets, graze wounds or shrapnel.
The
attorney, Luis Parra, said he believes the report bolsters his
contention that the Border Patrol used excessive force in gunning down
Jose Antonio Elena Rodriguez. The family is considering a lawsuit.
"I'm
not saying it's a clear case of excessive force, but it is a very
strong case for excessive use of force," Parra said. "The Border Patrol
agent who was firing could have easily taken cover."
Parra
said the report was provided to him by the Sonoran State Attorney
General's Office in Mexico just across the border from Nogales, Ariz.
Border
Patrol officials declined to comment, citing an ongoing probe by the
FBI, which investigates all Border Patrol shootings. FBI spokeswoman
Jennifer Giannola also declined to discuss the investigation, noting
there is no specific timetable for its completion.
"Although we are cognizant of time, it is imperative to conduct a thorough investigation," she said in an email to the AP.
The
autopsy report shows at least eight bullets struck the teenager, one
through his head and the rest through various parts of the back of his
body. Six bullets were found inside the boy.
The
Border Patrol has said several agents responded the night of Oct. 10 to
reports of suspected drug smugglers along the border fence in Nogales,
Ariz. The agents watched two people abandon a load of narcotics, then
run back to Mexico, according to the agency. The agents were then pelted
by rocks thrown from across the border. The Border Patrol said the
people ignored orders to stop, and an agent opened fire.
Rodriguez's body was found on a sidewalk in Mexico not far from the fence.
Border
Patrol agents generally are allowed to use lethal force against rock
throwers, as the agency considers stones deadly weapons. It's a common
all along the border for agents to be hit with rocks, often to distract
them from making arrests. Several investigations into similar shootings
are under way in Arizona and Texas.
Parra said Rodriguez's family is still awaiting any information from the FBI, and is growing frustrated.
"They're very upset," he said. "They have not stopped grieving for the past four months."
Within
days of Rodriguez's death, Mexico's Foreign Relations Department issued
a statement saying it "forcefully condemned" the shooting and called
such deaths a "serious bilateral problem."
Nogales
Mayor Ramon Guzman Munoz said the teen died in a "hail of bullets" and
called it "deplorable," urging a thorough investigation by both U.S. and
Mexican authorities.
U.S. government
investigators are reviewing Border Patrol policies on use of lethal
force amid a spate of deadly shootings along the border in recent years.
The probe by the Department of Homeland Security's Office of Inspector
General involves a review of accusations of brutality and excessive
force.
---
Associated Press writer Brady McCombs contributed to this report from Salt Lake City.
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