The Cochise County Attorney’s Office does not plan to prosecute a U.S. Border Patrol agent who fatally shot an illegal immigrant near Douglas in early January.
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On Tuesday, Doyle Johnstun, chief deputy county attorney, said the office has decided to decline the case. He said additional information will be released today.
“After reviewing all of the reports, videos and audio tapes, and all of the accounts, there is nothing to dispute the Border Patrol agent’s version of what happened. This was a legally justified shooting,” he said.
On Tuesday, Oscar Antonio de la Torre Amezcua, the Mexican consul in Douglas, said he was unable to comment on the decision of the County Attorney’s Office because he was not aware of it.
Border Patrol agents were in the area of Bay Acres northeast of Douglas tracking several suspected illegal immigrants on Jan. 4. Agents tracked three individuals back toward “D” Hill, according to a news release issued by the Sheriff’s Office on Jan. 5.
“Agents lost sight of these subjects before being advised by a citizen that there was a Hispanic male subject, possibly an illegal immigrant, walking south from the area. A Border Patrol K-9 unit subsequently tracked the subject who was hiding under a tree and when the male refused to come out from beneath the tree a struggle ensued,” states the press release.
“The male subject threw rocks, assaulting both the agent and the canine. The subject fled the area and several Border Patrol agents were in foot pursuit with the subject prior to him aggressively throwing more rocks while refusing commands to stop. A Border Patrol agent fired two shots at the subject when he attempted to further assault the agent,” it states.
Agents called for medical assistance while providing immediate first aid to the injured male, who was later identified as Palma. He died while in transport via air ambulance to a hospital.
Palma’s body was transported to Mexico City on Feb. 10 with the assistance of the Mexican Consulate in Douglas. The funeral took place in Coatzacoalcos, Veracruz, according to the Mexican Consulate.
One agent was transported to a local hospital for treatment of injuries, according to the Sheriff’s Office. The canine was treated by a local veterinarian for injuries from being struck with a rock.





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