FW: Update on Shooting

[Guest guest]

Migrant Health Listserv,

I hope people don't mind me forwarding this message from an El Paso friend.

Another hazard that farmworkers face. Annunciation House provides shelter on

a temporary basis to immigrants of multiple nationalities.

Subject: Fw: Update on Shooting

> Dear Margaret,

>

> I wanted to provide an update on the shooting and ask if you would

> please disseminate it as widely as possible.

>

> At about 9 AM on Saturday, February 22, a guest from Annunciation

> House

was

> shot and killed by a Border Patrol (BP) Agent. The guest was a 19 year

> old

from

> Mexicali, Baja California, Mexico whose name is Patricio Peraza

Guijada.

>

> Patricio was initially stopped by two US BP Agents who drove onto

> the parking lot of Annunciation House in an unmarked BP vehicle. Both

> of the

agents

> were dressed in their BP uniform. On the parking lot, Patricio

> was encountered and questioned by one of the BP agents. The other

> agent walked

over

> to talk to a couple of other guests who were by the back wall of

Annunciation

> House. The agent questioning Patricio proceeded to ask him to

> place

his

> hands on the unmarked BP vehicle so as to be able to physically search

> Patricio. As this was happening, Kerry Doyle, who had been asked to

> come

over

> from Casa by AH volunteers because of BP's presence, arrived on

> the parking lot and asked the BP Agent what was going on. When the

> agent questioning Patricio took a few steps toward Kerry to speak

> with her,

> Patricio took off running, heading East on San Street. One of

> the agents then followed Patricio on foot and the other agent got

> into

the

> car, radioed for back-up and also went in pursuit of Patricio.

>

> As Patricio ran down San street, BP says that

> Patricio

came

> across a ladder which BP says Patricio threw at the BP agent in

pursuit of

> him and that then Patricio picked up a 6 to 8 foot pipe which BP

> says

he

> used to swing at the BP agent, threatening the agents life. The agent

> then fired in self defense, killing Patricio. The local chief of

> BP stated later in the day that based on the information he had, the

> shooting, as regrettable as it may have been, was a justified shooting

> because the BP

agent

> acted in self defense.

>

> Witnesses tell a different story. Patricio did pick up a pipe

> that

was 4

> to 5 feet in length. Very quickly after the BP agent on the parking

> lot of Annunciation House radioed for back-up, numerous marked BP

> vehicles

arrived on

> San Street with their lights flashing. The BP vehicles blocked

> San Street and the BP agents in those vehicles got out of

> their

vehicles

> forming what witnesses describe as a semi-circle facing East on San

> Street. Witnesses state that at this point, Patricio was in the

middle of

> San Street with this semi-circle of BP agents facing him.

Witnesses say

> that Patricio was holding the pipe on his shoulder and that he

> was

not

> swinging the pipe at anyone nor was he threatening anyone. Witnesses

> state

that

> there were between 6 and 8 BP agents in the semi-circle and that one

> of

them

> fired. In television interviews, witnesses have stated that there was

> no

need

> for BP to have fired, some went to far as to say during interviews

> that

> Patricio was killed in " cold blood. "

>

> Some points and questions to keep in mind:

> 1. Because a BP agent had stopped and searched Patricio on

Annunciation

> House's parking lot, that BP agent knew that Patricio was

> unarmed, carrying no weapon at that moment. 2. Witnesses state that

> from 3 to 5 BP vehicles arrived almost immediately after back-up was

> called. How was it that so many BP vehicles " happened "

to be

> in the area at that time. There is indication that BP was undertaking

> some

type

> of undercover operation and that that explains the presence of BP in

> the

area.

> 3. BP agents had time to get out of their vehicles, were present in

significant

> numbers, Patricio did not swing at them, why was it necessary to

shoot him?

> 4. Less then 24 hours after the shooting, BP had already characterized

> the shooting as a justified shooting, an act of self defense by a BP

> agent who

felt

> his life or the lives of other agents threatened. How is it possible

> to characterize a shooting when the investigation is barely starting,

> much

less

> complete?

> 5. BP has a publicly stated policy of not harassing or interfering

> with

the

> standard day to day operations of social service agencies. What was an

unmarked

> BP vehicle doing at Annunciation House and then driving onto the

> parking

lot?

>

> After the shooting, the El Paso Police Department (EPPD) launched its

> own investigation. As part of the canvassing of the neighborhood for

witnesses,

> they came to Annunciation House to speak with Annunciation House

> guests to

see

> if any of them had seen anything that might be relevant. At the

> request of EPPD, 8 guests were voluntarily transported to the main

> offices of the

EPPD to

> have their statements given. EPPD gave categorical assurances to the 8

guests

> that they would be taken to the station and then returned to

> Annunciation House. While at the EPPD station, BP interfered with the

> witnesses,

attempting

> to determine the legal status of the witnesses for purposes of

> deporting

them.

> Annunciation House (AH) was notified of this. AH then proceeded to

> contact lawyers with the Lawyers Committee on Civil Rights under Law,

> Texas Rural

Legal

> Aid and Diocesan Migrant and Refugee Services. The lawyers succeeded

> in preventing BP from questioning the majority of the witnesses. There

> is no question but that had the attorneys not been there, the

> witnesses would

have

> been deported. One of the witnesses was questioned, she was detained

> by BP

and

> transported to the INS Detention Processing Center. One of the

> attorney's succeeded in getting her released but not until after she

> had been placed

in

> proceedings.

>

> 1. Given that a shooting resulting in a death had just taken place and

> eye witnesses were in the process of having their statements taken,

> why was BP

so

> intent on determining the legal status of those witnesses and why was

> BP

so

> intent on deporting those witnesses if it was determined that they

> might

be

> witnesses to the shooting?

> 2. How is it that BP agents had access to witnesses at the EPPD in the

midst of

> an EPPD shooting investigation when BP was a party to the shooting? 3.

> How was it that a witness, at the EPPD station, transported there by

EPPD

> with assurances that the witness would be returned to her place of

residence,

> ended up in the custody of BP?

>

> Since the shooting, the Mexican consulate has publicly characterized

> the shooting as unwarranted, use of excessive force and calling it

> comparable

to a

> homicide. The Consulate is forwarding the necessary paperwork to the

Mexican

> Embassy in Washington so that a formal request can be made of the US

government

> requesting an official investigation of the shooting. The Mexican

Consulate has

> contacted Patricio's family in Mexico and has arranged for the

> transportation of Patricio's body to Mexico for burial.

>

> On Wednesday, a meeting of local legal and social service agencies

> will be

held

> to move forward on two fronts: First is the establishment of a local

monitoring

> group to take on the responsibility of monitoring the investigative

process to

> insure that the investigation proceeds in a totally transparent

> manner. In addition, to initiate an investigation of BP's practices,

> especially in

light

> of homeland security mandates.

>

> The second front is that of planning for a public mass in memory of

> Patricio on Saturday, March 8th at 2:00 PM. The mass will be held

> on San Street by where he was killed.

>

> Given the issues involved, it is important that the shooting be given

> the greatest possible visibility. It is important that individuals

> make

information

> about the shooting known to human rights organizations throughout the

country

> and that requests be made for investigations. It is important that the

media be

> asked about the shooting so as to encourage investigative reporting by

them.

>

> In the midst of all of this, the shooting has raised concerns about

> the

ability

> of Annunciation House to continue its work of hospitality with

> immigrants, refugees and the undocumented. It is important that BP's

> practices be investigated and that they be required to abide by their

> own guidelines in regards the operation of social service agencies.

>

> L

> Annunciation House