Pubdate: 13 Nov 1998
Source: Chicago Tribune (IL)
Section: Sec. 1
Contact:  http://chicago.tribune.com
Copyright: 1998 Chicago Tribune Company
Author: From Tribune News Services

HOUSE REPORT ASSAILS AGENCIES IN SHOOTING OF TEEN NEAR BORDER

WASHINGTON, D.C. -- Negligence by the Justice and Defense Departments
set the stage for the May 1997 shooting death of a West Texas teenager
as he herded his family's goats near a Marine Corps surveillance
mission, a House report alleged Thursday.

A 249-page report examining the shooting and its aftermath, also
accused the two departments of obstructing investigations into the
death of 18-year-old Esequiel Hernandez Jr.

Rep. Lamar Smith (R-Texas), chairman of the House Judiciary
Immigration Subcommittee, issued the report, saying:

"When the nation's chief law-enforcement agency will not make even a
cursory attempt to hold itself and its employees accountable for the
wrongful killing of an American citizen, the life and freedom of every
citizen is threatened."

The Marine Corps disciplined four commanders and investigated the
internal breakdowns that led to the killing, but Smith faulted the
Justice Department for failing to investigate its shortcomings. The
Border Patrol, an arm of Justice, had requested the military presence
for anti-drug missions along the Texas-Mexico border.

Two grand juries investigated but issued no indictments. Justice
conducted a civil rights inquiry and declined to prosecute.

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Checked-by: Rich O'Grady