And how do you KNOW it's a fact? Whatever Johnny Sutton says is the gospel-truth, right?
http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=53873
The U.S. Army doctor who removed the bullet testified at the trial that the drug smuggler was not shot from behind, but that he removed the bullet from the side, with the bullet piercing the left side of his left buttock and traveled to his right groin. The doctor stated that Aldrete-Davila was in a running position when he was shot, consistent with pointing back toward the agents with his left arm and hand when the bullet hit him in the rear end. This is consistent with the testimony of the agents that they saw Aldrete-Davila pointing something back at them which they believed to be a gun.
There is also plenty of other good stuff there. Even if choose not to believe any of it, go read it.