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Judge Rules that Border Agent in Arizona Used Excessive Force in Fatal Shooting

This was an interesting ruling. The judge ruled that a U.S. Border Patrol agent used excessive force when he fatally shot an illegal immigrant. At the same time, he reduced the award from $1 million to $350,000 because the guy was running from law enforcement. The reduction in money seems to say the agent was wrong — kind of.

By Jamar Younger
ARIZONA DAILY STAR
TUCSON — A U.S. District Court judge ruled Wednesday that the 2003 shooting death of an illegal immigrant by a Border Patrol agent was not justified, in response to a civil lawsuit filed by the man’s family.

The family of Ricardo Olivares Martinez, 22, will receive $350,000 after it was deemed that Border Patrol agent Cesar Cervantes used excessive force when he shot Martinez in the chest several times in June 2003, according to a decision written by Judge Raner Collins.

Martinez’s family originally was awarded $1 million, but Collins reduced the figure because Martinez was fleeing a law-enforcement officer, the decision stated.

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