MX Man Gets $500K from US for Being Shot by Border Patrol

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MX Man Gets $500K from US for Being Shot by Border Patrol

choco
This post was updated on .
http://www.buzzfeed.com/johnstanton/judge-awards-mexican-man-500000-for-getting-shot-in-the-back?bftw&utm_term=4ldqpgc#.vqE5NQ4Ew

Judge Awards Mexican Man $500,000 For Getting Shot In The Back By Border Patrol Agent
The ruling is one of the first to uphold the civil claims of Mexican citizens against U.S. border agents and the federal government.

posted on Feb. 10, 2015, at 2:52 p.m.
 
John Stanton
BuzzFeed News Reporter

WASHINGTON — A federal court has ordered the federal government to pay a Mexican man nearly half a million dollars after he was shot in the back by a Border Patrol agent in the Arizona desert.
In a Feb. 5 ruling, Federal District Court Judge James Soto ordered the $497,000 payment to Jesus Castro Romo, a Nogales, Sonora, resident who was shot by Customs and Border Protection Agent Abel Canales during a routine 2010 immigration stop in the desert.
The ruling is significant because federal courts have almost uniformly rejected civil claims against individual agents and the federal government over the dozens of CBP-related shootings during the Obama administration. Castro is one of only a handful of known survivors of such shootings.
Canales, who was later sent to federal prison for working with members of a Mexican drug cartel, originally told federal investigators that Castro was unarmed. But in later testimony, the former agent claimed the Mexican citizen was holding a rock and was verbally threatening him.
Judge Soto was unconvinced, noting the additions to Canales’ original statements to investigators ultimately rendered his testimony unreliable. “Although much of the additional testimony is not strictly contradictory, it renders Canales’ testimony less credible: Canales was given every opportunity to describe in detail the encounter with Castro — with counsel present — the day after the shooting,” Soto wrote.
Soto also pointed to Canales’ conviction on bribery and corruption charges as undermining his testimony.
Soto also challenged the CBP’s longstanding policy that the potential for a migrant to throw a rock at an agent constitutes a threat dire enough to justify the use of deadly force. The CBP’s use-of-force policies allow agents to open fire when threatened by almost any potential weapon.
But Soto wrote, “A rock is not as deadly an object as a gun and requires a greater degree of certainty that the object will be used than the threat or perceived threat of a gun.”
Critics contend that the CPB’s use-of-force policies have contributed to numerous killings along the border, and officials have begun to instate a series of modest reforms.
In his ruling, Soto requires the government to pay Castro for the injuries caused by the shooting, subsequent treatment and medication costs, pain and suffering, and loss of income over the course of the next 38 years. Those costs totaled $553,000, but the judge cut it by 10%, finding that Castro, who was in the act of illegally crossing the border, was 10% responsible for his injuries.
A Justice Department spokesperson did not immediately return a request for comment.
John Stanton is the Washington, D.C. Bureau Chief for BuzzFeed News. In 2014, Stanton was a recipient of the National Press Foundation’s 2014 Dirksen Award for distinguished reporting of Congress.
Contact John Stanton at john.stanton@buzzfeed.com
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Re: MX Man Gets $500K from US for Being Shot by Border Patrol

choco
First time the US Customs and Border Patrol is held accountable for shooting an unarmed Mexican person in the back.  Agent also was previously convicted of working with cartels.
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Re: MX Man Gets $500K from US for Being Shot by Border Patrol

elGrifo
About time. When a American is killed in Mexico it's like end of the world but wen they kill Mexicans , they " deserved it "
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Re: MX Man Gets $500K from US for Being Shot by Border Patrol

juris
In reply to this post by choco
Those costs totaled $553,000, but the judge cut it by 10%, finding that Castro, who was in the act of illegally crossing the border, was 10% responsible for his injuries.

100 percent responsible.  When will the madness end.
JMB
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Re: MX Man Gets $500K from US for Being Shot by Border Patrol

JMB
This post was updated on .
He bears that thing called " personal responsibility" for his actions. He knew it was not legal to cross in such a manner and he chose to anyway. He'd  be shot with no money if that was a house he was crossing  into uninvited. This is not to say shooting  was the proper thing to do in this circumstance.
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Re: MX Man Gets $500K from US for Being Shot by Border Patrol

elGrifo
That's no excuse for a cbp armed with assault rifles to shoot a unarmed illegal in the back , just shows how cowards cbp is
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Re: MX Man Gets $500K from US for Being Shot by Border Patrol

eljalisquillo
Exactly, like the case of that 14 year kid in Ciudad Juarez who threw a rock from the Mexican side into the US side, only to get shop by a migra on the US side. Seriously?? He felt "threatened" by this kid? That is a true coward on my book, not a hero like they claim to be. If he felt like the rock was going to hurt he should move a few feet away from the thrown rocks reach and ignore it as long as there isn't shots fired. What pisses me off was that nothing was done to solve this case and I believe those migras involved in the shooting continue working as CBP. But if this was a kid doing the same thing on the opposite side of the border all hell would have gone loose.  
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Re: MX Man Gets $500K from US for Being Shot by Border Patrol

jlopez
Jalisquillo: A federal judge ruled recently that the family of the Juarez kid can sue the border patrol agent and the U.S. gov for damages in wrongful death. The ruling by the Fifth Circuit overturned a lower court's ruling that held that the court had no jurisdiction because the death happened in Mexico. The Fifth Circuit basically ruled that the tortious (wrongful) conduct happened in the U.S. and that this not only gave the court jurisdiction, but apparently gave the plaintiffs standing to sue in federal court.
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Re: MX Man Gets $500K from US for Being Shot by Border Patrol

elGrifo
That's good , EVERYONE must serve there crime , may it be a Mexican or a American , all that break a crime must serve the time !
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Re: MX Man Gets $500K from US for Being Shot by Border Patrol

choco
In reply to this post by jlopez
That is great new jlopez... thx for letting us know.
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Re: MX Man Gets $500K from US for Being Shot by Border Patrol

eljalisquillo
In reply to this post by jlopez
That is great news, I had no idea. Justice must be served.