A federal investigation into the death of 15-year-old Sergio Hernandez-Guereca, a Mexican national who was shot by a U.S. Customs and Border Protection (CBP) agent in Texas in 2010, has been closed without prosecution. The investigation, conducted by the Justice Department and the U.S. Attorney’s Office for the Western District of Texas, found insufficient evidence to pursue federal criminal charges against the agent.
The shooting occurred on June 7, 2010, within a spillway of the Rio Grande River along the U.S.-Mexico border. Smugglers attempting an illegal border crossing hurled rocks at the CBP agent, who was attempting to detain a suspect, and the agent opened fire. Hernandez-Guereca was killed in the incident.
Prosecutors from the Justice Department’s Civil Rights Division and the U.S. Attorney’s Office interviewed over 25 law enforcement and civilian witnesses, collected and analyzed evidence from the scene, and reviewed civilian and surveillance video, law enforcement radio traffic, and 911 recordings. They also examined the agent’s training, disciplinary records, and personal history.
The investigation concluded that there was insufficient evidence to pursue prosecution of the CBP agent for a federal homicide offense, as the agent’s actions constituted a reasonable use of force or would have constituted an act of self-defense in response to the threat created by the smugglers. The investigation also found that the agent did not act inconsistently with CBP policy or training regarding use of force.
The Justice Department also concluded that no federal civil rights charges could be pursued in this matter, as the evidence was insufficient to prove, beyond a reasonable doubt, that the CBP agent acted willfully and with the deliberate and specific intent to do something the law forbids. Additionally, the investigation determined that Hernandez-Guereca was neither within the borders of the United States nor present on U.S. property, which is required for jurisdiction to exist under the applicable federal civil rights statute.
The U.S. government regrets the loss of life in this matter. The Civil Rights Division, the U.S. Attorney’s Office, and other agencies involved in the investigation cooperated to investigate and review the evidence.
No charges were filed against the CBP agent, and the investigation has been closed.
Related Federal Cases
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- Maribel Tejeda-Fomperosa, Assault on a Federal Agent, Texas 2016 · Texas
- Randy Exavier Greene, Conspiracy to Use an Interstate Facility in a Murder-for-Hire Plot, Texas 2016 · Florida
- James Amos Headley, Influencing a Federal Official by Threat of Murder, Texas 2017 · Florida
Key Facts
- State: Texas
- Category: Violent Crime
- Source: DOJ Press Release â†â€â€
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