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Did the Border Patrol commit a murder inside Mexico?

31 March 2013

Arizona Star says yes:

Isidro Alvarado, 36, said he was walking less than 20 feet behind José Antonio Elena Rodríguez when two other young men suddenly ran past him and into a side street. He then heard gunshots come from different directions and he saw José fall to the ground.

Alvarado ran south in the same direction as the two men to take cover and call the police, he said earlier this week as he retraced his steps near the DeConcini Port of Entry.

On Oct. 10, 2012, Nogales, Ariz., police and the Border Patrol responded to a 911 call about 11:30 p.m. Officers reported seeing two people with marijuana bundles wrapped around their body on International Street, according to police reports.

They were trying to climb back into Mexico, the report said, when a group started to throw rocks at the officers over the border fence.

When they refused to stop, a Border Patrol agent who was near it opened fire into Mexico, hitting one of them.


José’s body was found on a sidewalk across Calle Internacional – about 40 feet from the border fence that sits on a descending bluff – with only an orange plastic lighter and a Blackberry in his pockets.

He was shot about eight times: twice to the head, once on his arm and five times on his back. At least five bullet wounds clustered on his upper back had to have struck him after he was down, according to a ballistics report by Sonora state investigators, obtained by the Arizona Daily Star.

Investigators concluded the shots came from the United States because they didn’t find any shell casings on the Sonora side. They noted seeing 14 casings through the 20-foot tall fence in two different spots: 11 casings in one area and three about 26 feet east.

Mexico Trucker comments:

After a summer where the murders of Mexican citizens by Border Patrol firing their weapons across international borders became almost a monthly occurrence, with the excuse being that they were “under attack by rock throwers”, and the outcry raised by the murder of 16 year old José Antonio Elena Rodríguez, the incidents have stopped.

No more suspicious shooting by Border Patrol agents and no claims of rock throwing to justify the crimes of these rogue agents. So are we expected to believe that all of a sudden, from Matamoros to Tijuana, that these “rock throwers” have seen the light and decided to no longer assault the BP agents? Or is a more realistic scenario being that the claims by Border Patrol agents of being attacked by rock throwers to justify their criminal actions (ie: murdering innocent civilians) were totally bogus from the beginning?

I really doubt the U.S. government is going to fess up to having invaded another country (which is what these incidents are), or to extradite the individuals responsible, but something beyond a stiffly worded diplomatic note is required… like a huge payout to the families, a public apology from the United States, an open trial of those involved, and … oh… kicking in some bucks for youth services and facilities — basketball courts, soccer fields, computer centers — on this side of the border wouldn’t be out of line, if the U.S. wants to pretend the problem is Mexican kids hopping the fence for lack of anything better to do.

2 Comments leave one →
  1. Allen G, permalink
    31 March 2013 1:24 pm

    Shame on you ! We all know that U.S. border agents are above the law!
    Besides, they only kill Mexicans, and the occasion south American migrant.

  2. 31 March 2013 11:13 pm

    I saw a graphic of the scene shortly after 16 year old José Antonio Elena Rodríguez was gunned down by the US Border Patrol.

    “Rock throwing” would have been difficult to impossible, as the US side of the high fence was up a steep embankment. Rocks would have to have been thrown high enough to clear the embankment and 20′ higher to clear the fence.

    In addition, due to the embankment, the shots could not have hit Jose without the gunman being at the fence and/or pushing his weapon through the fence to fire. Being much lower, anyone standing back from the fence due to “thrown rocks” would have been unable to fire low enough down the embankment.

    Being up against the fence, it would have been impossible for rocks to hit, unless one could throw up high enough and accurately enough to pass between the narrow openings. Impossible.

    So, just from examining the scene itself, it is fairly clear that Jose was killed by someone standing at the fence, firing down into Mexico, and shooting 16 yo Jose repeatedly in the back. If it looks like cold-blooded murder, and smells like cold-blooded murder, and walks like cold-blooded murder, maybe it really was.

    US side of the fence:

    Mexican side of the fence:

    AZCentral PDF of the Scene:

    With then entrance wounds on his body being lower than the exit wounds, he was either standing on his hands while being shot or was laying prone, being shot repeatedly in the back by a BP agent with his gun stuck through the 3.3″ gaps in the fence.

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