The U.S. government has agreed to pay $1 million to settle a lawsuit that accuses federal border officers of beating and Tasering a handcuffed Mexican man at the San Ysidro Port of Entry in a confrontation that ended in his death.
The settlement would be split among the five children of Anastasio Hernandez Rojas, and about a quarter of the amount would pay attorney costs and fees. The terms must be approved by a federal judge because there are minors involved. A hearing is set for March 2.
The lawsuit, filed in San Diego federal court, is in its seventh year and was being appealed to the 9th U.S. Circuit Court of Appeals on an issue, meaning the case was unlikely to wrap up any time soon.
“I didn’t think denying relief to the family was worth it, especially in light of the possibility of protracted litigation,” said the family’s attorney, Eugene Iredale. “I think the world knows and the settlement amount attests that Anastasio was wrongfully killed … due to the conduct of the Border Patrol and CBP. It is really a badge of shame.”
The U.S. Attorney’s Office in Phoenix, which is handling the case for the government to avoid a conflict of interest for San Diego attorneys, declined to discuss the settlement Thursday because it is pending.
The case became a flashpoint in the debate over law enforcement use of force, partly because the violent encounter was witnessed by so many people on both sides of the border and parts of it recorded on cellphone video.
Hernandez Rojas and his brother were caught on May 28, 2010, after having just entered the U.S. illegally near Otay Mesa.
Once taken by bus to the Border Patrol station, an agent told him to throw away a water jug, and Hernandez Rojas in an apparent misunderstanding began to pour out the water into a trash can, according to official reports. The agent then slapped the jug out of his hands, threw him against a wall and kicked his legs apart, striking metal pins in Hernandez Rojas’ ankle leftover from an old accident, according to the lawsuit.
Hernandez Rojas complained of pain but the agent ignored him and handcuffed him, the lawsuit claims. Inside the station, Hernandez Rojas complained that the agent had injured him and asked several people for medical treatment, but he was again ignored, the lawsuit claims. Authorities determined he was to be returned immediately to Mexico and was transported to the San Ysidro border crossing with that same agent and his partner.
Once outside the vehicle, the agents took his handcuffs off and a struggle ensued. According to the lawsuit, Hernandez Rojas was grabbed from behind when he put his hands down rather than behind his head. Authorities say Hernandez Rojas resisted their efforts to restrain him. Two Immigration and Customs Enforcement agents rushed over and hit Hernandez Rojas with batons. He was held face down on the ground and handcuffed again, and another agent came over and kneeled on his back, the lawsuit states.
Because of the struggle, Hernandez Rojas was going to be arrested rather than returned to Mexico, and a transport vehicle was requested. But he resisted and tried to kick the agents, according to authorities.
Several Customs and Border Protection officers arrived as backup, and one fired a Taser at him and then two different officers held him face down and secured his legs.
It was then that they discovered Hernandez Rojas had stopped breathing. He died about two days later in a hospital after being taken off a ventilation machine.
An autopsy found numerous factors contributed to a fatal heart attack, including methamphetamine intoxication, heart disease, the Taser shocks, the physical exertion and restraints. The autopsy further said he would not have died if he hadn’t been under the influence of meth, the Justice Department said.
The death was investigated by the Justice Department’s Civil Rights Division, the FBI and the Department of Homeland Security’s Office of Inspector General, as well as a grand jury. They concluded in November 2015 that no criminal charges would be brought against the officers involved.
The investigation found that the officers’ claims of reasonable force could not be disproved, nor was there evidence they acted with malice.
Human rights activists have filed a complaint to the Inter-American Commission for Human Rights in Washington, D.C., an autonomous judicial body, that is pending.
Source: www.sandiegouniontribune.com
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