Border Network for Human Rights Questions Judge Mesa’s Reasons to Ignored Witnesses’ Testimonies on Wrongful Killing Young Immigrant

El Paso, Texas. July 29, 2008. Last Friday, July 25th was a very sad day for Juan Patricio Peraza’s family, our border communities and the US judicial system. In a long and exhausting court case, Judge Richard P. Mesa inexplicably found no liability in the killing of young immigrant Juan Patricio Peraza by Border Patrol agent Vernon Neal Billings.

A review of the decision opens critical questions about the motives and reasons that led Judge Mesa to rule in favor of the Border Patrol agent. It seems that Judge Mesa opted to maintain the status quo where judges and law enforcement agencies protect each other, no matter how grave the violation, as if bringing clear and blind justice would hurt our judicial system.

Moreover, the ruling rises questions concerning of the ability of our justice system to bring forth accountability to wrongful and lethal actions by a federal agent or agency.

How did Judge Mesa come to a different conclusion when, based on the decision document, agent Billings rushed into the scene, and, without time to being briefed on the situation, shot twice and killed Juan Patricio?

Why did Judge Mesa ignore the fact that investigatory procedures and standards were broken by Border Patrol officials and by agent Billings, essentially tampering investigation efforts?

How seriously did Judge Mesa take the testimonies of several witnesses that contradicted the Border Patrol version of the events, especially with regard to the level of threat that Juan Patricio represented?   

At the end, the ruling of Judge Mesa leaves an open wound in our community where neither justice nor dignity was served. Trust and confidence in a system that fails to be accountable was gravely eroded with his decision.

The Border Network for Human Rights, and the border and immigrant communities that represents, calls for the following:

• To challenge Judge Mesa’s decision and to appeal the case to a higher court with the hope for getting an unbiased and clear ruling.
• For the Department of Justice to review how “qualified immunity” is applied when law enforcement agents violate basic rights.
• For the Border Patrol and DHS to clarify their standards and procedures regarding the use of lethal force, especially during immigration enforcements.
• For the US Congress to consider the creation of an Independent Review and Oversight Commission that monitors and investigate wrongful misconduct by Federal Immigration Agencies  

Finally, Border Network for Human Rights will join today’s press conference convened by the Annunciation House at 12:30 at Casa Vides (325 Leon Street, El Paso, Texas 79901)