Source: Orange County Register (CA)
Contact:  Thu, 26 Feb 1998
Author: Jim O'Connel-Scrips Howard News Service

NO CIVIL-RIGHTS CHARGES LIKELY IN BORDER SHOOTING

A Marine on an anti-drug patrol killed an American teen who was herding
goats in Texas.

WASHINGTON-A Marine on anti-drug patrol who fatally shot an American
teen-ager along the Texas-Mexico border will not face criminal civil-rights
charges, a federal grand jury has decided.

The Justice Department is expected to announce as early as Friday that the
civil-rights probe of the tragedy has cleared Cpl. Clemente Banuelos of
criminal wrongdoing.

Banuelos and three other Marines were in camouflage on an anti-drug patrol
near Redford, Texas, on May 20, 1997, when he killed Esequiel Hernandez
Jr., 18, a high school sophomore, who was herding goats.

Rep. Lamar Smith, R-Texas, said the federal grand jury that was considering
the case-ended deliberations Jan. 8 without indicting Banuelos.

Smith, who serves on the House Judiciary Committee, said he is still
seeking more information and might hold a  congressional hearing on the
matter.

"The shooting is still troubling to me," Smith said. "Not all the questions
have been answered, and no one has been held accountable."

A Marine spokesman said the service has not been formally informed of the
decision. "We understand the Department of Justice intends to close its
civil rights investigation into the shooting incident," said Lt. Col. Scott
Campbell. "If the Department of Justice does close the investigation, we
are pleased that after a thorough review it found no violation of Mr.
Hernandez's civil rights."

Bill Weinacht,who represents the teen's family, is pursuing a negligence claim.

The Defense Department temporarily ended armed military patrols along the
border after the fatal shooting. Pentagon sources have said the department
plans to announce soon that it will permanently end such patrols.

A study soon to be released on the military's role along the 2,000-mile
border will advocate that support services including road building and
intelligence gathering continue, while ground reconnaissance missions
should end, sources said.