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Agent's death accidental; smuggler may face charges, says Border Patrol Yuma sector chief
The Yuma Sun ^ | December 21, 2003 | Louie Villalobos

Posted on 12/21/2003 4:34:04 PM PST by GoRepGo

The autopsy performed on U.S. Border Patrol agent James Epling revealed he died as a result of an accidental drowning and that there was no foul play involved, officials announced at a news conference Saturday.

However, according to Michael Nicley, patrol agent in charge of the Yuma sector, charges still could be filed against the smuggler agents currently have in custody for his role in the death, in addition to charges of alien smuggling.

"There has been a death of a federal agent while he was responding to the commission of a serious felony," Nicley said. "So, there are some options the FBI is considering."

Saturday's announcement came less than 24 hours after agents found Epling's body in the northernmost part of a 2.2-mile stretch of the river between Interstate 8 and the Mexican border they had searched exhaustively for three days.

He was located just after 7 p.m. Friday night by divers who reported seeing his U.S. Border Patrol hat through an underwater camera.

Agents removed Epling from the river, draped him with the American flag and saluted him before escorting his body to Maricopa County, where the autopsy was performed.

The incident began Tuesday night along the Colorado River just south of the interstate, where Epling joined other agents in saving from the Colorado River at least one female Chinese national in the country illegally. Epling then began chasing on foot four other suspected illegal immigrants, the patrol has said.

Moments after heading south on the west bank of the river, Epling disappeared and a massive search and rescue effort soon began.

"Their actions are nothing less than heroic," Nicley said of his agents. "We've got one of our guys, who can only be classified as a hero, doing what he is trained to do and a terrible tragedy happened."

Agents were able to take into custody four illegal immigrants, including a Mexican national believed to have been smuggling the others.

The area of the river where Epling went missing serves as the border between California and Arizona. Because the incident began on the California side of the river, any charges in connection with his death will be filed in the southern district of California, Nicley said.

Nicley said a public ceremony to honor Epling, who became the seventh agent do die in the line of duty in Yuma, will be held at the Yuma Civic and Convention Center on Tuesday. Epling's family also will hold a private ceremony Tuesday. Johnson Mortuary is handling arrangements.

Nicley said Epling's name will be added to a walkway next to sector headquarters that honors the fallen Yuma agents and to a wall inside the building that does the same.

"We'll treat him with the honor and respect that he deserves," Nicley said.

Epling was a father of three whose wife is eight months pregnant with their fourth child. He was less than one year out of the academy and had recently moved his family to Yuma.

Nicley said Epling's father-in-law is a retired patrol agent in charge from the McAllen, Texas, sector and that Epling aspired to be the same.

"He was a guy who was looking toward the future," he said. "A fine Border Patrol agent."

James Epling, 24-yr old, father of 4


TOPICS: Crime/Corruption; Culture/Society; Foreign Affairs; Government; News/Current Events; US: Arizona
KEYWORDS: aliens; border; borderpatrol; china; epling; illegals; immigrantlist; immigration; jamesepling

1 posted on 12/21/2003 4:34:05 PM PST by GoRepGo
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To: GoRepGo
The smuggles should be charged with murder. In at least some states, maybe all, if a death occurs during a commission of a crime, then the criminals can be charged with murder.

Note: these illegal aliens were Chinese, possibly sent by China for further terrorist acts.

2 posted on 12/21/2003 4:42:54 PM PST by Dante3
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To: gubamyster; HiJinx
ping
3 posted on 12/21/2003 4:56:39 PM PST by Libertarianize the GOP (Ideas have consequences)
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To: 2sheep; 2Trievers; 3AngelaD; 4.1O dana super trac pak; 4Freedom; 4ourprogeny; A CA Guy; ...
Click to see other threads related to illegal aliens in America
Click to FR-mail me for addition or removal

4 posted on 12/21/2003 5:40:49 PM PST by HiJinx (Go with Courage, go with Honor, go in God's Grace. Come home when the job's done. We'll be here.)
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To: Dante3
looks like federal charges are what will be filed here...
5 posted on 12/21/2003 5:47:50 PM PST by HiJinx (Go with Courage, go with Honor, go in God's Grace. Come home when the job's done. We'll be here.)
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To: All
"There has been a death of a federal agent while he was responding to the commission of a serious felony," Nicley said. "So, there are some options the FBI is considering."

Sounds like Felony Homicide to me. Any death that incurs in the commission of a felony is tied to the accused felons. In many states and in federal law the maximum up to life with out parole can be granted.

One of the most interesting case under which felony homicide came into play involved an armed bank robbery. One of the elderly bank patrons died of a heart attack brought on by the robbery. The two perps got life without parole in a maximum security prison.

Let's hope these perps get the same.

6 posted on 12/21/2003 5:50:47 PM PST by SandRat (Duty, Honor, Country. What else needs to be said?)
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To: HiJinx
Sorry to hear about it. May he rest in peace.


7 posted on 12/21/2003 6:24:52 PM PST by Victoria Delsoul (Freedom isn't won by soundbites but by the unyielding determination and sacrifice given in its cause)
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To: SandRat
Any death that incurs in the commission of a felony is tied to the accused felons.

Smugglers need to be fully prosecuted whenever they are caught --- this smuggler almost caused the death of the illegal too --- and all smuggling of humans is dangerous. The smugglers would be eager to smuggle in an Arab terrorist --- the money would be very appealing.

8 posted on 12/21/2003 7:15:14 PM PST by FITZ
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To: HiJinx
there are some options the FBI is considering

And that is the key word- considering ;(

9 posted on 12/22/2003 2:42:34 AM PST by JustPiper (Following the course of least resistance makes for crooked rivers and crooked men)
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To: GoRepGo
bump
10 posted on 12/22/2003 5:50:08 AM PST by Klickitat
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