Family Of Teen Killed By Border Patrol Agent Sues Government

Attorneys for the family of 15-year-old Sergio Hernandez have filed a lawsuit against the United States government for the deadly shooting of the teen by a U.S. Border Patrol agent.

“The family is very relieved that we have started the process that will get them some answers to what happened and where it happened,” Bob Hilliard, with Hilliard, Munoz Gonzalez law firm, said.

Hilliard said he was approached by a Houston lawyer about the case. Hernandez’s family and a Mexican attorney contacted the Houston attorney.

“They asked me if I might be interested in a civil rights case,” Hilliard said. “As soon as i looked into it, I said, ‘Yes absolutely, I’ll help.”

“I’m not blind to the issues and dangers of our border, but i am a strong believe in the rights of citizens in other countries to not be gunned down in cold blood by a U.S. Border patrol agent when he is under no threat at all,” Hilliard said.

Although several federal agencies allege Hernandez was part of a group of boys throwing rocks at the agent, Hilliard claims the evidence says otherwise.

“I saw the video tape,” Hilliard said. “There was nothing in that video tape that you could really tell if that was true or not that he was throwing rocks.”

Hilliard also said he is interested in learning whether federal agencies have any video of the incident.

“Our country spent a lot of money putting cameras up on the borders,” Hilliard said. “I’d be shocked if there’s not a tape in the possession of some agency that shows what happened.”

Hilliard also said he has seen witness statements from both U.S. and Mexican citizens.

“All of them, to a person, confirmed that Sergio Hernandez did not throw rocks,” Hilliard said.

A Border Patrol union representative said Hernandez was on the El Paso most wanted juvenile list for smuggling and that he had been caught by the Border Patrol at least six times before.

“Regardless of his record, if he does have one, you look at the facts of this shooting,” Hilliard said.

The agencies that have been sued, including the United States Department of Homeland Security, United States Border Patrol and United States Bureau of Customs and Border Protection, now have 20 days to respond to the lawsuit. The trial date will depend on the schedule of the federal judge who receives the lawsuit and Hilliard said that could be anywhere from eight to 20 months from now.

“One thing that the family is afraid of is that this gets swept under the rug, this was their only son,” Hilliard said.