- The Washington Times - Friday, November 6, 2015

The Justice Department will not bring any criminal charges against U.S. border agents involved in a violent confrontation with a Mexican man who died following the ordeal.

The DOJ announced the decision Friday, more than five years after the 2010 death of Anastasio Hernandez-Rojas. The 42-year-old suffered a heart attack and died several days after a confrontation with border agents, who restrained him and shot him multiple times with a stun gun.

Hernandez-Rojas had been deported from the United States, where he had lived illegally for years, and was caught trying to come back across the border. He was being returned to Mexico through the San Ysidro Port of Entry in California when he began to tussle with border agents after his handcuffs were removed.

The altercation was video-taped by witnesses, but the Justice Department concluded that the border agents did not violate Hernandez-Rojas‘ civil rights nor did they act with malice when hitting him with batons and shooting him with a stun gun in an effort to restrain him.

“While the loss of life is regrettable, the facts of this matter do not support a federal prosecution,” read a statement issued Friday by the DOJ.

The San Diego County Medical Examiner’s Office found that Hernandez-Rojas suffered several broken ribs, loosened teeth and internal bleeding as a result of the altercation. But it also found that he had methamphetamine in his system.

The office concluded that Hernandez-Rojas‘ physical exertion during the struggle, the electric shocks from the taser, his pre-existing heart condition, and physical restraint combined with the methamphetamine intoxication all contributed to his death.


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