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Agent feared for life before fatal shooting
Arizona Daily Star ^ | Brady McCombs

Posted on 01/14/2007 7:48:41 AM PST by SandRat

advertisementOfficials still aren't saying if a suspected illegal entrant shot and killed Friday by a U.S. Border Patrol agent had a weapon.

The details surrounding a fight between the man who was killed, Francisco Javier Dominguez-Rivera, 22, of Puebla, Mexico, and the Border Patrol agent remained hazy Saturday as officials were tight-lipped about the investigation.

"The agent thought his life was in danger," said Jesús Rodriguez, a Border Patrol Tucson Sector spokesman. The incident occurred just after 3 p.m. Friday 150 yards north of the border between Bisbee and Douglas, southeast of the Paul Spur Lime plant and Arizona 80, said Carol Capas, Cochise County Sheriff's Office spokeswoman.

A male agent — whose name and age are being withheld by the agency — was responding to a call about a group of seven people who were crossing the desert, said Rob Daniels, a Border Patrol Tucson Sector spokesman.

Upon arrival, the agent took six of the seven people into custody without incident but then became involved in a fight with the one man and subsequently shot him to death, he said.

Officials weren't releasing any information about the scuffle.

The agent has been placed on paid administrative leave pending the outcome of the case, which is standard procedure, Daniels said.

The Cochise County Sheriff's Office is leading the investigation with help from the FBI, said Capas. They were conducting interviews this weekend. The Dominguez-Rivera autopsy is scheduled for Wednesday.

The Mexican Consulate in Douglas did not return repeated calls Saturday.

The other six people in the group — five men and one woman — were apprehended and may be held as witnesses in the case, Rodriguez said. They were illegal entrants and not drug runners, Daniels said.

It is the first agent-related shooting of fiscal year 2007, which started Oct. 1, Daniels said. The agency doesn't release the number of such shootings.

Agents have been in at least 23 agent-involved shootings since 1993, many prompted by rock-throwing, Star archives show. Yet, an accurate count remains elusive.

"This only speaks to the need for an independent entity to look into these cases," said Kat Rodriguez, coordinator for Derechos Humanos, an immigrant-rights organization in Tucson.

It also illustrates the escalating violence along the border and the need to examine protocols on agents' approved use of firearms, she said.

The last time an agent shot and killed someone in Cochise County was June 4, 2003, near the Douglas Port of Entry. In that incident, agent Cesar Cervantes shot Ricardo Olivares Martinez, 22, several times in the chest and killed him. Olivares Martinez had been throwing rocks at Cervantes.

That shooting was rare in that it happened during an attempted apprehension. Most illegal entrants follow agents' orders, but there are exceptions, Border Patrol spokesman Rodriguez said, especially among illegal border-crossers who have criminal records.

"Most of the incidents that happen like this usually happen when someone tries to elude us when they have a criminal history or are fleeing Mexican authorities," Rodriguez said.

While captured illegal entrants with no criminal history can usually choose a voluntary return and avoid jail time, criminals are usually held in jails and prosecuted. About 10 percent of apprehended illegal entrants have criminal records, Rodriguez said.

Having violence erupt near the international line is nothing new, Rodriguez said. Most of the violence involving agents takes place near the border like Friday's incident, he said.

"There's that ability for them (illegal entrants) to run back south and make it," he said.

* Contact reporter Brady McCombs at 573-4213 or bmccombs@azstarnet.com.


TOPICS: Crime/Corruption; Foreign Affairs; Mexico; US: Arizona
KEYWORDS: agent; aliens; borderpatrol; fatal; fear; immigrantlist; shooting
Comments on this story at the Arizona Daily Star
1 posted on 01/14/2007 7:48:43 AM PST by SandRat
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To: HiJinx; Spiff; Borax Queen; idratherbepainting; AZHSer; Sabertooth; Marine Inspector; A Navy Vet; ..

Now we begin to hear the BP Agent's side


2 posted on 01/14/2007 7:49:24 AM PST by SandRat (Duty, Honor, Country. What else needs to be said?)
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To: SandRat

Another reason to build a fence


3 posted on 01/14/2007 7:52:47 AM PST by Ouderkirk (Don't you think it's interesting how death and destruction seems to happen wherever Muslims gather.)
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To: SandRat

Don't bring a rock to a gun fight.


4 posted on 01/14/2007 7:56:13 AM PST by neodad (USS Vincennes (CG-49) Freedom's Fortress)
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To: SandRat

The flow of illegals is supported by both parties,now that is scary!


5 posted on 01/14/2007 8:00:01 AM PST by chrismich2610 (Where are the true Conservatives,before it is too late?)
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To: SandRat
I'm sure the truth will come out.. when the six other illegals get a chance to corroborate their stories.
6 posted on 01/14/2007 8:00:53 AM PST by johnny7 ("We took a hell of a beating." -'Vinegar Joe' Stilwell)
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To: SandRat

Thanks for linking the comments. Interesting.


7 posted on 01/14/2007 8:09:17 AM PST by PGalt
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To: johnny7

And when they are given amnesty and honorary citizenship for their testimony.


8 posted on 01/14/2007 8:17:00 AM PST by panthermom
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To: SandRat

Thanks for linking the comments SandRat. Several of the comments mention we are in a war with mexico on our home soil. I too believe this to be the case. Americans are being killed by these illegal alien invaders at a rate of 12 per day, 4,380 per year, 23,000+ since 9-11. This information is part of the congressional record. Anyone believing the illegal alien invaders are our friends and only come here for a better life, simply doesn't know or want to know the truth.


9 posted on 01/14/2007 8:17:08 AM PST by no-to-illegals (God Bless Our Men and Women in Uniform, Our Heroes.)
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To: SandRat
They were illegal entrants and not drug runners, Daniels said.

And your point is? A criminal by any other name is still a criminal.

10 posted on 01/14/2007 8:17:54 AM PST by mtbopfuyn (I think the border is kind of an artificial barrier - San Antonio councilwoman Patti Radle)
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To: SandRat
The last time an agent shot and killed someone in Cochise County was June 4, 2003, near the Douglas Port of Entry. In that incident, agent Cesar Cervantes shot Ricardo Olivares Martinez, 22, several times in the chest and killed him. Olivares Martinez had been throwing rocks at Cervantes.

Oh, for God's sake! Listening to the response to this you would thing BP agents are shooting people all the time. I wish the ROE were relaxed some so we could stop these criminals.

11 posted on 01/14/2007 8:20:12 AM PST by raybbr (You think it's bad now - wait till the anchor babies start to vote.)
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To: SandRat
"This only speaks to the need for an independent entity to look into these cases," said Kat Rodriguez, coordinator for Derechos Humanos, an immigrant-rights organization in Tucson.

Amazing! It's hard to believe we are allowing illegals to have "immigrant-rights" organizations in America

It also illustrates the escalating violence along the border and the need to examine protocols on agents' approved use of firearms, she said.

I agree. We do need to examine protocols for agents. Obviously, we need to issue them larger caliber weapons with hollow point bullets. Too many of them have been getting away! LOL!

12 posted on 01/14/2007 8:27:27 AM PST by NRA2BFree (May you always have love to share, health to spare, and friends that care.)
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To: 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 3pools; 3rdcanyon; 4Freedom; 4ourprogeny; 7.62 x 51mm; ..

ping


13 posted on 01/14/2007 12:18:24 PM PST by gubamyster
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To: SandRat

bttt


14 posted on 01/14/2007 12:45:06 PM PST by Dante3
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To: no-to-illegals; SandRat; gubamyster
"Thanks for linking the comments SandRat. Several of the comments mention we are in a war with mexico on our home soil. I too believe this to be the case. Americans are being killed by these illegal alien invaders at a rate of 12 per day, 4,380 per year, 23,000+ since 9-11. This information is part of the congressional record. Anyone believing the illegal alien invaders are our friends and only come here for a better life, simply doesn't know or want to know the truth."

Also, the illegals kill 13 per day on the highways. We are losing an awful lot of good people because of illegal aliens. We will all eventually be a victim of an illegal alien crime.

15 posted on 01/14/2007 4:33:39 PM PST by TheLion (How about "Comprehensive Immigration Enforcement," for a change)
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To: SandRat

Unfortunately now, he's probably worried about HIS future and the possibility he'll be sentenced to prison and sued by the illegal's family.


16 posted on 01/14/2007 4:36:34 PM PST by MissEdie (Liberalscostlives)
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To: SandRat

Another border patrol headed for prison for doing his job. Illegals have become members of a new category, a Superprotected Group.


17 posted on 01/14/2007 4:49:26 PM PST by arthurus (Better to fight them over THERE than over HERE)
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To: NRA2BFree
Amazing! It's hard to believe we are allowing illegals to have "immigrant-rights" organizations in America

Even more amazing is that they are taking the side of the illegals over the US Citizen Border Patrol agents, many/most of whom are Hispanic themselves, Cesar Cervantes, Jesús Rodriguez, and so on.

18 posted on 01/14/2007 10:18:14 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: El Gato

The actions of traitors never amaze me.


19 posted on 01/14/2007 10:22:34 PM PST by Sir Gawain
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To: no-to-illegals

Illegal immigrants are not just invaders but, squatters. We are not only required to welcome these squatters onto our land, but are being forced to house them, feed them, give them medical treatment and educate them and pay taxes for them.


20 posted on 01/17/2007 2:25:23 PM PST by mia
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