Advanced SearchA 23-year-old Guaymas, Sonora man is in stable condition after being shot Saturday by a Border Patrol agent in Potrero Canyon west of Nogales.
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Estrada gave the following account:
“The report was that Border Patrol in the area came upon a group of undocumented persons. They turned around and fled. One of those in the group turned around and threw rocks” at the officers.
The pursuit then continued and the individual, who was dressed differently than the others in the group, “turned around and started throwing rocks at the officers again. This time one of the agents shot the man three times; one bullet hit the individual in the right arm near the elbow, another on the left thigh and a third in the left knee.”
The man who was shot was identified as Jaime Martinez. He was taken to a Tucson hospital where he is in stable condition. The Mexican consulate has been advised.
The Federal Bureau of Investigation will take over the case, said Estrada, adding that the BP Critical Incident Team responded to the scene as well. There were no drugs found near the area, and because of the different clothing worn by the man, Estrada said he suspects Martinez was the coyote leading a group of people who crossed into the United States illegally.
Asked if in his opinion such a scenario would warrant shooting the alleged smuggler, Estrada said, “Oh yes. Rocks can maim or kill someone. This man seemed very determined because he did it not just once, but twice. I think under the circumstances the agent had no choice but to defend himself.
“I empathize with them and we are always very concerned about their safety especially when they are exposed to that situation at night not knowing what the smugglers are carrying or how intent they are about getting their contraband through.”
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Comments
Stars and Stripes wrote on Jun 4, 2009 9:47 PM:
George Wilgers wrote on Jun 1, 2009 1:05 PM:
That may be, but when I went across about 10 years ago, I felt very unconfortable there. The times I have been across for work have not been any better.
I did not appreciate vendors grabbing my wife or kids to try to pull them into a shop to look at things. I did not like the fact that the area did not feel safe or clean, and that was all within 100 years of the border. I realize these are just my feelings, and that one experience should not color the entire country. But at this time, there is nothing across the line that holds any interest for me. With out that interest, I have no reason to go back across the line. "
Frustrated wrote on Jun 1, 2009 12:40 PM:
You are one of those people. I made it easy for you… read on and learn.
Deadly weapon n. any weapon which can kill. This includes not only weapons which are intended to do harm like a gun or knife, but also blunt instruments like clubs, baseball bats, monkey wrenches, an automobile or any object which actually causes death. This becomes important when trying to prove criminal charges brought for assault with a deadly weapon. Courts have found rocks and even body parts of AIDS sufferers as "deadly weapons."
You can look that up in the following website.
legal-dictionary.thefreedictionary.com/deadly+weapon
As you can see… a rock is clearly acceptable as the definition for a deadly weapon.
Furthermore;
A person is guilty of aggravated assault if he recklessly causes bodily injury to another with a deadly weapon…i.e. a rock.
In order for you to find the defendant guilty of this offense the state must prove the essential elements of this crime beyond a reasonable doubt. Those elements are as follows:
-That the defendant did in fact cause bodily injury to another;
-That the defendant caused the bodily injury by use of a deadly weapon;
-That the defendant acted purposely, knowingly or recklessly.
“Her”… would your opinion be different if the agent had been hit in the eye causing the loss of his eyeball? What if it had killed him?
Please educate yourself before speaking your mind…your opinion will be valued so much more.
So was the agent entitled and justified in defending himself? You bet he was. "
Jack McGarvey wrote on May 31, 2009 10:32 AM:
May I suggest that you might be missing a great, human experience when you boasted that "I crossed the border once, did not like it, have not been back since and have no desire to go back."
I write this because five of my Rio Rico friends and I just returned, yesterday, from a day trip to Magdalena, Sonora. (Which is only 75 miles south from Rio Rico on Mexico's very well-maintained and safe Route 15.)
We all had such a delightful trip, especially when we visited two other ancient mission towns along our way south to Magdalena.
At every stop we took, we kept meeting welcoming, friendly folks.
And, surprise! We all arrived safely back home!
Feeling very enriched! "
Rocked wrote on May 30, 2009 11:17 PM:
HER wrote on May 30, 2009 9:23 AM:
George Wilgers wrote on May 28, 2009 12:52 PM:
I crossed the border once, did not like it, have not been back since and have no desire to go back.
With that said, if they do not want to abid by the law and come here legally, then they really do not have grounds to stand on in my book.
Besides, without a border, you do not have a country. What you are advocating, whether you realize it or not, but wanting open borders is for the USA to not exist. If you want this to be Mexico so badly, may I respectfully suggest you go live in Mexico. "
Americano and proud of it wrote on May 27, 2009 11:56 PM:
How can you not see that this person assaulted a law enforcement officer? What these guys were doing is against the law. Do you REALLY want to compare the differences of Americans traveling to Mexico?
The thing is that people like you enjoy living in a country such as ours and feel quit cozy knowing that you are living in a world where you and yours are protected by our police, our fire departments and yes,,,even our border patrol officers. Yet you feel that when they have to do their jobs that you must defend the criminal? REALLY??
There is quite a vast difference when Americans visit Mexico. The key word is “visit”. We don’t often hear of Americans sneaking into Mexico now do we?
Primarily, Americans do not sneak into that country through a hole in a fence and expect the Mexican government to take care of them indefinitely. This is breaking and entering on a grander scale. But for some strange reason…the criminals commit this crime and then expect a reward if they make it across the border. Americans who do travel abroad do we show up in other countries illegally expecting handouts, food stamps, free HUD housing and with the expectation that they deserve everything for nothing.
But I digress….The topic at hand is not immigration, or the rights of criminals. Immigration is part of everybody’s heritage. It is part of being part of the great American melting pot…if done legally and through the right processes.
The topic brings to light that this undesirable man decided to run away while in the middle of breaking into our country and then attacked one of our Border Patrol agents….What part of this seems right to you? "
Applet wrote on May 26, 2009 11:53 PM:
Oh dear, "Mexicana and Proud of it" needs some grammar lessons. Unfortunately, she does not understand the meaning of the word ILLEGAL either. This country has laws in place for a reason. The fact that these illegal folks sometimes carry narcotics is a big reason why the border patrol and other law enforcement agencies have such an important job. Mexicana even recognized that herself. Sure, many of those people who cross into the United States illegally ARE indeed looking to make a better more prosperous life for themselves, but there is RIGHT way to do so.
It is sad that the ignorance of some people create such a hindrance in our society. "
Here I Am wrote on May 26, 2009 9:52 PM:
There are many jobs out here for the ones that want it and seek for it, and there are permits granted to those who come to work, go back to their country, and process for another permit. The Border Patrol is not just apprehending illegals, but also terrosists that are being "hidden" in Mexico.
I am proud of my heritage, and are even more pord becuase most of my family has been granted citizenship... becuase they requested it properly. "
Carlo wrote on May 26, 2009 6:01 PM:
Why were you so close to the border in the night? "
MEXICANA AND PROUD OF IT wrote on May 26, 2009 12:40 PM:
San Diego wrote on May 25, 2009 7:08 PM:
Smugglers be warned. If you attack a Border Patrol Agent or U.S. Citizen; we will defend ourselves. "
1CatotheElder wrote on May 25, 2009 5:47 PM:
Those who were crossing knew full well that what they were doing was both wrong and dangerous.
Stop, what you are doing, or you might get shot as this guy did! "
Applet wrote on May 25, 2009 11:04 AM:
Robert Rowley Tucson wrote on May 24, 2009 11:22 AM: