Federal authorities will not pursue criminal charges against U.S. Border Patrol agents involved in two separate fatal shootings in 2011. The Department of Justice based the decision on “facts developed during independent and comprehensive investigations.”
Ramses Barron-Torres was fatally shot at the international boundary fence in Nogales in January 2011.
The evidence developed during the investigation indicated that USBP agents were responding to reports that individuals were moving apparent packages of narcotics across the U.S. – Mexico border. When the agents arrived at the location, Barron-Torres, a 17-year-old Mexican national, and three other individuals were on the Mexico side of the border fence and started throwing rocks at the two USBP agents who were on the U.S. side of the fence. A fifth individual, who was carrying a bundle of suspected narcotics, ran parallel to the fence on the U.S. side. The agents were forced to take protective cover due to the rocks that were being thrown by Barron-Torres and his associates.
The agents issued commands, in Spanish, to stop throwing rocks. However, Barron-Torres continued to throw rocks, and one of the agents fired a round at Barron-Torres from his service weapon, fatally striking him. A videotape of the incident captured Barron-Torres making a throwing motion with his right arm, then falling to the ground.
In the second shooting, Carlos LaMadrid, who was seen loading bundles of drugs into a vehicle and failed to stop when pursued by officers, was shot in at the international boundary fence in Douglas.
According to the DOJ, the department devoted significant time and resources to investigating the events surrounding LaMadrid’s death on March 21, 2011, around noon, at the international boundary fence separating the United States from Mexico in Douglas, Ariz.
A team of experienced federal prosecutors reviewed thousands of pages of evidence generated by the DHS OIG investigators, the Customs and Border Protection Office of Professional Responsibility, and the Immigration and Customs Enforcement (ICE) Internal Affairs Unit.
The evidence developed by a team of experienced federal prosecutors indicated that LaMadrid, a 19-year-old U.S. citizen, was observed by Douglas Police Department (DPD) officers loading suspected bundles of narcotics into a Chevrolet Avalanche. DPD officers pursued the vehicle, but LaMadrid failed to yield and drove toward the international boundary fence. The Avalanche ran into a USBP agent’s service vehicle near the fence. LaMadrid exited the driver’s door, ran toward the fence, and climbed up a ladder that was resting against the fence. On top of the fence, near LaMadrid, was another male throwing brick-sized rocks at the USBP agent. At the time the shots were fired by the agent, LaMadrid was in the line of fire between the rock-throwing male and the agent. LaMadrid was struck by four bullets, causing him to fall to the ground. He was transported to a nearby hospital where he died in surgery several hours later.
While a civilian witness who climbed up the ladder behind the victim stated that he did not see anyone throwing rocks at the time of the shooting, his account is contradicted by the physical, testimonial and video evidence. A law enforcement officer who witnessed the shooting stated that he saw a man on top of the fence throw three rocks at the agent, forcing the shooting agent to duck down behind his vehicle for cover. The videotapes of the incident, although poor in quality, show an individual on top of the border fence making an overhead throwing motion as the victim ascends the ladder.
Crime scene investigators recovered several brick-sized rocks at the scene, including one that shattered the windshield of the USBP agent’s service vehicle, which the agent was standing or stooping next to when he fired five shots.