Border Patrol agent shot and killed a 19 year old in El Paso, TX, USA
Last weekend, a 19 year old was shot to death by a border patrol agent in El Paso, TX - this incident has not gotten much press outside of the border area of El Paso/Juarez -
following is a report of what took place - given the issues around "homeland security" the "patriot act" etc. in the USA -it is important that this news gets out far and wide - please forward this to human rights groups , and immigrant and refugee groups, and to social movements around the world -
write to:
Margaret Schroeder
[EMAIL PROTECTED] for more information, and/or to express support, solidarity, concern, suggestions, and ideas -
to learn more about Annunciation House see:
http://www.annunciationhouse.org/
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At about 9 AM on Saturday, February 22, a guest from Annunciation House was shot and killed by a Border Patrol (BP) Agent. The guest was a 19 year old from Mexicali, Baja California, Mexico whose name is Juan Patricio Peraza Guijada.
Juan Patricio was initially stopped by two US BP Agents who drove onto the parking lot of Annunciation House in an unmarked BP vehicle. Both of the agents were dressed in their BP uniform. On the parking lot, Juan Patricio was encountered and questioned by one of the BP agents. The other agent walked over to talk to a couple of other guests who were by the back wall of Annunciation House. The agent questioning Juan Patricio proceeded to ask him to place his hands on the unmarked BP vehicle so as to be able to physically search Juan Patricio. As this was happening, Kerry Doyle, who had been asked to come over from Casa Teresa by AH volunteers because of BP's presence, arrived on the parking lot and asked the BP Agent what was going on. When the agent questioning Juan Patricio took a few steps toward Kerry to speak with her, Juan Patricio took off running, heading East on San Antonio Street. One of the agents then followed Juan Patricio on foot and the other agent got into the car, radioed for back-up and also went in pursuit of Juan Patricio.
As Juan Patricio ran down San Antonio street, BP says that Juan Patricio came across a ladder which BP says Juan Patricio threw at the BP agent in pursuit of him and that then Juan Patricio picked up a 6 to 8 foot pipe which BP says he used to swing at the BP agent, threatening the agents life. The agent then fired in self defense, killing Juan Patricio. The local chief of BP stated later in the day that based on the information he had, the shooting, as regrettable as it may have been, was a justified shooting because the BP agent acted in self defense.
Witnesses tell a different story. Juan Patricio did pick up a pipe that was 4 to 5 feet in length. Very quickly after the BP agent on the parking lot of Annunciation House radioed for back-up, numerous marked BP vehicles arrived on San Antonio Street with their lights flashing. The BP vehicles blocked San Antonio Street and the BP agents in those vehicles got out of their vehicles forming what witnesses describe as a semi-circle facing East on San Antonio Street. Witnesses state that at this point, Juan Patricio was in the middle of San Antonio Street with this semi- circle of BP agents facing him. Witnesses say that Juan Patricio was holding the pipe on his shoulder and that he was not swinging the pipe at anyone nor was he threatening anyone. Witnesses state that there were between 6 and 8 BP agents in the semi-circle and that one of them fired. In television interviews, witnesses have stated that there was no need for BP to have fired, some went to far as to say during interviews that Juan Patricio was killed in "cold blood."
Some points and questions to keep in mind:
1. Because a BP agent had stopped and searched Juan Patricio on Annunciation House's parking lot, that BP agent knew that Juan Patricio was unarmed, carrying no weapon at that moment.
2. Witnesses state that from 3 to 5 BP vehicles arrived almost immediately after back-up was called. How was it that so many BP vehicles "happened" to be in the area at that time. There is indication that BP was undertaking some type of undercover operation and that that explains the presence of BP in the area.
3. BP agents had time to get out of their vehicles, were present in significant numbers, Juan Patricio did not swing at them, why was it necessary to shoot him?
4. Less then 24 hours after the shooting, BP had already characterized the shooting as a justified shooting, an act of self defense by a BP agent who felt his life or the lives of other agents threatened. How is it possible to characterize a shooting when the investigation is barely starting, much less complete?
5. BP has a publicly stated policy of not harassing or interfering with the standard day to day operations of social service agencies. What was an unmarked BP vehicle doing at Annunciation House and then driving onto the parking lot?
After the shooting, the El Paso Police Department (EPPD) launched its own investigation. As part of the canvassing of the neighborhood for witnesses, they came to Annunciation House to speak with Annunciation House guests to see if any of them had seen anything that might be relevant. At the request of EPPD, 8 guests were voluntarily transported to the main offices of the EPPD to have their statements given. EPPD gave categorical assurances to the 8 guests that they would be taken to the station and then returned to Annunciation House. While at the EPPD station, BP interfered with the witnesses, attempting to determine the legal status of the witnesses for purposes of deporting them. Annunciation House (AH) was notified of this. AH then proceeded to contact lawyers with the Lawyers Committee on Civil Rights under Law, Texas Rural Legal Aid and Diocesan Migrant and Refugee Services. The lawyers succeeded in preventing BP from questioning the majority of the witnesses. There is no question but that had the attorneys not been there, the witnesses would have been deported. One of the witnesses was questioned, she was detained by BP and transported to the INS Detention Processing Center. One of the attorney's succeeded in getting her released but not until after she had been placed in proceedings.
1. Given that a shooting resulting in a death had just taken place and eye witnesses were in the process of having their statements taken, why was BP so intent on determining the legal status of those witnesses and why was BP so intent on deporting those witnesses if it was determined that they might be witnesses to the shooting?
2. How is it that BP agents had access to witnesses at the EPPD in the midst of an EPPD shooting investigation when BP was a party to the shooting?
3. How was it that a witness, at the EPPD station, transported there by EPPD with assurances that the witness would be returned to her place of residence, ended up in the custody of BP?
Since the shooting, the Mexican consulate has publicly characterized the shooting as unwarranted, use of excessive force and calling it comparable to a homicide. The Consulate is forwarding the necessary paperwork to the Mexican Embassy in Washington so that a formal request can be made of the US government requesting an official investigation of the shooting. The Mexican Consulate has contacted Juan Patricio's family in Mexico and has arranged for the transportation of Juan Patricio's body to Mexico for burial.
On Wednesday, a meeting of local legal and social service agencies will be held to move forward on two fronts: First is the establishment of a local monitoring group to take on the responsibility of monitoring the investigative process to insure that the investigation proceeds in a totally transparent manner. In addition, to initiate an investigation of BP's practices, especially in light of homeland security mandates.
The second front is that of planning for a public mass in memory of Juan Patricio on Saturday, March 8th at 2:00 PM. The mass will be held on San Antonio Street by where he was killed.
Given the issues involved, it is important that the shooting be given the greatest possible visibility. It is important that individuals make information about the shooting known to human rights organizations throughout the country and that requests be made for investigations. It is important that the media be asked about the shooting so as to encourage investigative reporting by them.
In the midst of all of this, the shooting has raised concerns about the ability of Annunciation House to continue its work of hospitality with immigrants, refugees and the undocumented. It is important that BP's practices be investigated and that they be required to abide by their own guidelines in regards the operation of social service agencies.
Ruben L Garcia Annunciation House -----------------------------------------------------------------------------
Hello again everyone,
The grand jury is meeting tomorrow -- the Mexican Consul if providing transportation for the guests in their "diplomatic" vehicles. The guests who are testifying had been very concerned that the Border Patrol would try to deport them after testifying. It sounds as if the testimony will take two days. It has become a very high profile case in Juarez (Mexico) ( El Diario has front page coverage).
Below are 3 actions for volunteers and friends who wish to support the guests and Annunciation House at this time:
1) Writing letters to your members of congress and Senators. You can mention the shooting and say that you would like the shooting to be fully investigated.
2) A memorial mass will be held on March 8 in honor of Juan Patricio. If you are in the area, it would be wonderful if you could come. Please invite friends and anyone who would like to come. I will pass on more details as I get them. Those who live far away and can't attend might consider Heather Schaub's suggestion of fasting for the day in honor of the life of Juan Patricio.
3) The coverage of the shooting on the El Paso side of the border has been rather low-profile. We would like to take out a full-page ad in the El Paso Times to invite people to the March 8 memorial mass and also to make people aware of what has happened. If volunteers and friends would like to contribute, you can send them to
Annunciation House 815 Myrtle Ave. El Paso TX 79901
Please make sure you note that your contribution is for the ad or in memory of Juan Patricio.
The letters to members of congress could also mention something about Homeland Security -- and how we hope this Border Patrol shooting is not a reflection of a change in policy or a result of supposed Homeland Security. I am sure that you all can phrase it much better than that. It's getting late and I am less than articulate. If anyone has suggestions or would like to offer a sample letter, that would be great. I'll work on one tomorrow.
www.annunciationhouse.org
http://www.indymedia.org/front.php3?article_id=240501&group=webcast
