"Sixteen-year-old Jose Antonio Elena got the kind of punishment that those who toss rocks at Border Patrol agents receive with startling frequency: He was shot with a .40-caliber round from an agent’s service weapon.
The bullet hit Elena in the back of the head. He slumped mortally wounded to a sidewalk on the Mexican side, a few paces from the border fence. At least two agents, perched on the U.S. side about 20 feet above the street and shielded by the fence’s closely spaced iron bars, continued to fire, witnesses said. In all, 10 bullets struck Elena, spattering a wall behind him with blood.
Yet Jose Antonio Elena may not have tossed any rocks at all. He may have been just walking on a sidewalk on Mexican soil, an innocent passerby.
The Border Patrol has a video of the events that night, Oct. 10, 2012. The video likely shows whether U.S. agents killed an innocent Mexican or shot a member of a marijuana smuggling ring. But the U.S.’s largest law enforcement agency refuses to make the video public. The agents remain on the job, neither publicly identified nor receiving any disciplinary action.
Elena’s killing is one in a string of what critics say are unnecessary killings by Border Patrol agents along the U.S. border with Mexico. At least 21 people have died in confrontations with Border Patrol agents, often out of sight of witnesses or fellow agents, in the past four years.
Those cases include 10 people who’ve been killed for throwing rocks, according to the Border Patrol’s own statistics, and there have been 43 cases since 2010 when agents have opened fire on rock throwers. But there are no known cases where an agent has been disciplined for improperly using force." - McClatchy, Mar. 21, 2014.