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Tag: agent-involved shooting

Border Patrol Union: Court Ruling Endangers Agents Because of Fear of Lawsuits

Steve Neavling
ticklethewire.com

An appellate court’s ruling that permitted a Mexican family to sue Border Patrol agents could endanger officers, the agency’s union said Tuesday, according to the Texas Tribune reports.

Agents worried about lawsuits may be more reluctant to use deadly force when necessary, according to the National Border Patrol Council.

“We’re concerned, and we think [Monday’s ruling] is going to have a very chilling effect,” said Shawn Moran, vice president at-large and a spokesman for the National Border Patrol Council.

On Monday, the 5th Circuit Court of Appeals ruled that the family of a Mexican child can sue the Border Patrol agent who fatally shot the boy.

The ACLU applauded the decision.

“Today the Fifth Circuit helped ensure that [Customs and Border Patrol] agents are held accountable for shocking and outrageous abuse, even when their victims aren’t inside the U.S.,” Adriana Piñon, an ACLU of Texas staff attorney, said in a statement.

Appeals Court: Mexican Boy’s Family Can Sue Border Patrol Agent in Fatal Shooting

Steve Neavling
ticklethewire.com

In a decision that could have widespread consequences for federal law enforcement, an appeals court ruled Monday that a Border Patrol agent can be sued for fatally shooting a 15-year-old Mexican boy across the border, the Los Angeles Times reports.

The three-judge panel in New Orleans said the 2010 shooting of Sergio Adrian Hernandez Guereca contain allegations that, if true, would amount to “an official abuse of power so arbitrary as to shock the conscience.”

It’s rare for a court to extend constitutional protections to non-citizens.

“It’s a huge human rights victory,” said attorney Robert Hilliard, who represents the boy’s family. “It gives you a voice inside a U.S. courtroom. They have to focus on, ‘Did the border agent do something wrong?'”

The lawyer for the accused agent said the case may go before the full appeals court.

“Classifying it as a leap is an understatement,” said attorney Randolph J. Ortega. “They have extended the protections of the U.S. courts into foreign countries where the U.S. does not have any jurisdiction.”

FBI Agents Were Justified in Fatal Shooting of Suspect in New York


Steve Neavling
ticklethewire.com

FBI agents were justified in fatally opening fire on a shooting suspect in Herkimer, New York, the Herkimer County district attorney has ruled, according to the Associated Press.

Agents gunned down Kurt Myers, 64, in March 2013 after he was accused of fatally shooting four people.

Myers was barricaded inside an abandoned building after the shootings and fatally shot a K-9 unit when authorities came looking for him. Four agents fired back, striking Myers multiple times.

The agents did nothing wrong, said Herkimer County District Attorney Jeffrey Carpenter.

Baltimore Prosecutor: FBI Agents Won’t Be Charged in Fatal Owing Mills Shooting

Steve Neavling
ticklethewire.com

FBI agents won’t be charged after opening fire on a suspected gang member in Baltimore, according to a report on the fatal shooting, the Baltimore Sun reports.

The decision was made by the Baltimore County state’s attorney’s office, which decided that the agents were acting in self-defense.

Agents fired 19 rounds, striking Jameel Kareem Ofurum Harrison, 34, six times.

The report states that Harrison “put the vehicle in reverse, accelerated past two witness vehicles, then struck a third witness vehicle. At that point the driver made a movement that placed three agents in fear of death or injury, causing them to discharge their weapons.”

Harrison died at the scene.

Justice Department Drops Investigation of FBI Agent Who Shot, Killed New Orleans Man

Steve Neavling
ticklethewire.com

The Justice Department has declined to open a criminal investigation into the FBI-involved shooting that left a New Orleans man dead during an undercover drug sting last summer, the Times-Picayune reports.

It’s the second time an agency has opted against pursuing charges against the agent, who shot 37-year-old Allen Desdunes on July 30.

“The Civil Rights Division reviewed the information collected by the FBI regarding the shooting and declined to open a criminal investigation,” said spokeswoman Dena Iverson.

Whatever prompted the shooting remains unclear because the FBI has been tight-lipped.

This much is known: Agents were investigating Desdunes following a drug deal when the shooting occurred.

Locals Won’t Charge FBI Agent in Connection With Fatal New Orleans Shooting

Steve Neavling
ticklethewire.com

An FBI agent who fatally shot a suspect during a sting operation won’t face state charges from the locals, the New Orleans Times-Picayune reports.

Orleans Parish District Attorney Leon Cannizzaro said this weekend that local prosecutors don’t have jurisdiction over the agent.

“When a federal agent is acting in the course and scope of his employment as a federal law enforcement officer, the state lacks jurisdiction to charge that law enforcement officer with a crime unless there’s evidence that the law enforcement officer was acting with malice,” Chris Bowman, a spokesman for the district attorney’s office, said. “We saw no evidence of that, so we lacked jurisdiction to proceed.”

Bowman turned over the case to the U.S. attorney.

The June 2013 shooting remains under investigation.

Opinion: FBI Is Disingenuous in Report About Agent-Involved Shootings

By The Central Florida Future
Editorial 

According to Federal Bureau of Investigation documentation obtained via a Freedom of Information Act lawsuit by the New York Times, the FBI has been found justified in 150 shootings of subjects from 1993 to 2011. Of said shootings, 70 were fatal.

“The FBI takes very seriously any shooting incidents involving our agents, and as such we have an effective, time-tested process for addressing them internally,” a Bureau spokesperson said.

If that is truly the case, then in the nearly two decades of documentation in which this investigation delved into, there must have been at least some instance of misconduct by federal officers.

Rank and title mean nothing in this case. Federal officers, despite propaganda, are human. As such, they make mistakes; it’s absurd to even insinuate the idea that in almost 20 years, not a single error was made in a shooting incident involving a federal officer. It’s as if the Bureau thinks we are gullible sheep, blindly herded by its voices and actions. The FBI has done us a disservice; it has decided we are not deserving of the truth.

To read more click here.

As FBI Investigates Shooting Death of Chechen Man in Florida, Bureau Rarely Finds Agents at Fault

Steve Neavling
ticklethewire.com 

The FBI said it’s vigorously investigating whether an agent was justified in shooting to death a Chechen man in Orlando, Fla., over his ties with the Boston Marathon bombing suspects.

The New York Times reports that the FBI investigated 150 shootings by agents between 1993 and 2011 and each time the agent was deemed justified.

“The F.B.I. takes very seriously any shooting incidents involving our agents, and as such we have an effective, time-tested process for addressing them internally,” a bureau spokesman told The Times.

Many questions still surround the death of Ibragim Todashev, who was shot while being questioned about the Boston bombing brothers.

Samuel Walker, a criminal justice professor at the University of Nebraska, said the FBI’s conclusions on agent-related shootings are “suspiciously low.”