Border shooting: Family has lawsuit against the feds
Documents claim people were mistreated in 2009 when agencies raided home of man shot, killed in Douglas

BY DEREK JORDAN
Wick News Service
Published/Last Modified on Wednesday, March 30, 2011 11:05 AM MDT


The Douglas man who was shot and killed by a U.S. Border Patrol agent on Monday was a member of a family that filed a multi-million dollar lawsuit against the federal government last year after their home was raided by a number of federal agencies, according to court documents.


Carlos La Madrid, 19, was shot three times by the agent, who had come under assault by rocks being thrown from an as-yet unidentified source, according to the Cochise County Sheriff’s Office.

When asked if the agent suffered any injuries as a result, Carol Capas, spokeswoman for the sheriff’s office, said, “I do not have any indication that he did.”

The FBI is conducting its own investigation into the assault against the agent, said Manuel Johnson, spokesman for the federal agency in Phoenix.

“We are investigating the matter as an AFO (Assault on a Federal Officer),” Johnson said in an e-mail. “We are working with the Cochise County Sheriff’s Office. We will provide our findings to the United States Attorney’s Office regarding possible prosecution in the matter.”

As of Tuesday, the sheriff’s office had released no further information about their investigation of the incident.

According to a complaint filed Feb. 9, 2010, with the U.S. District Court in Arizona, on the morning of Nov. 4, 2009, several federal agencies, including U.S. Border Patrol, U.S. Immigration and Customs Enforcement and Border Patrol Tactical Units raided the home of the Guerrero family in the 1400 block of 20th Street in Douglas.

The family also alleges that the U.S. Drug Enforcement Agency took part in the raid, which United State Attorney John E. Murphy denies in the response to the complaint, filed Feb. 28 of this year.

Agents were “hooded and heavily armed” when they stormed the home, detaining family members and using abusive language and threats against them, the complaint alleges.

In the answer to the complaint, Murphy writes that the agents were “armed with appropriate personnel protection devices and weapons,” while denying the other allegations.

The family is asking for more than $9 million in damages.

The shooting of La Madrid on Monday began when Douglas police officers saw a “suspicious” Chevrolet Avalanche traveling in the Douglas area, Capas said. The driver, La Madrid, noticed the officers and fled toward the international border. Border Patrol agents were in the area when the Chevrolet arrived at the border.

Rocks were thrown at an agent, who then shot at La Madrid, Capas said.

After being treated for his wounds at the Southeastern Arizona Medical Center in Douglas, La Madrid was being transported by ambulance to a Tucson Hospital when his condition worsened. He was admitted into the Sierra Vista Regional Health Center were he was later pronounced dead, she said.

Comments

    The Truth Uncut wrote on Apr 15, 2011 3:35 AM:

    " I think that if you should not throw rocks at a glass house. Nor should you throw rocks at a gun toting agent. If you thought that you could get away with it, guess again, Oh my bad, your brains are under the steering wheel. PEOPLE, dont be stupid. If you did nothing, then you have nothing to worry about..... Think about it! "

    exresident wrote on Apr 12, 2011 3:13 PM:

    " i don't believe federal agencies can be sued for wrongful death issues. we are such a sue-happy world and so ready to line the pockets to make our suffering more tolerable. videos, bumper stickers, protests--to support drug runners--just give the old hometown such a seedy feel "

    To Manuel wrote on Apr 7, 2011 9:11 PM:

    " Let's reverse things a bit. Let someone start throwing rocks at your head and see if you can figure something out; before one strikes you in the eye or cracks your skull. Sorry, rocks thrown as projectiles are weapons.
    I have been stopped by border patrol as well several times; and I'm white. Once I was on my way to military summer camp. All they saw was a truck with a couple of duffle bags. If you have nothing to hide, why do you complain?
    Grow up. The job is hard enough without people throwing rocks or playing arm chair quarterback. If you want to make a difference, apply and get the job.
    When you do, I hope when the drug smugglers are throwing either rocks or lead at you, you can figure something out. "

    Drug Free wrote on Apr 7, 2011 3:11 PM:

    " Good job BORDER PATROL!!! Dead or alive they belong off the streets. Parents take responsibility for how you raise your evil children. I have no sympathy for you. You support drugs on the streets and endangering children!!! Parents should be in jail too... Rest with the Devil, Carlos! "

    separate wrote on Apr 7, 2011 11:16 AM:

    " I have complete sympathy for the lamadrid faimly, but the guerrero family's buisness should be kept separate from carlos' case. Sympathy should not go out to the guerrero family because stuff "might" have been damaged during a raid. The raid happened because the entire town knows they are involved in drugs. The only suprise here is that they are asking for so much money. "

    Mockery wrote on Apr 6, 2011 9:19 PM:

    " Before you know it, you'll have a shrine in honor of Carlos LaMadrid. Then comes the recognition of Sainthood by the Catholic Cjurch. Lastly, a street named in his honor. Carlos must have been watching too much Charlie Sheen. I guess he had too much "Tiger Blood" in his system. Carlos was known to smuggle both drugs and humans. His dad, a known drug trafficer. If you live in a glass house, don't play w/rocks. In this case, drugs. Don't waste the honest taxpayers money, in trying to bring honor to the LaMadrid's name. There's plenty of mexican bands that will be more than happy to write a corrido about your drug-dealing son and family name. "

    Monica wrote on Apr 6, 2011 12:05 PM:

    " border patrol well im sorry to disagre but I belive that no one should take anybodys life for no reason and yeah agents should respond but not kill.you have several other weapons u can use to stop someone like a shock gun or a bean bag ammunition especially if there not armed and that gives u time to arrest him im so sorry but u r wrong if u belive that if I throw a rock at u,u have the right to kill me my life is just as valuble as yours and everyone elses no matter what, but theres a God that sees everything and he will judge. "

    Carlos Norris wrote on Apr 3, 2011 6:35 PM:

    " I guess in this case the old adage “The apple doesn’t fall far from the tree.”, applies perfectly. "

    stewy wrote on Apr 2, 2011 11:22 PM:

    " This family wants drug proffits more like it.theese people want a free ride. Complimenmts to the great USA,The young man prolly was gonna be a millionare soon. Just more trips across the border.Leaving trask behind. "

    Gnome wrote on Apr 1, 2011 5:00 PM:

    " Lets not for get what he was doing when he was shot. I am sorry 4 his family. If he was not smuggeling drugs into USA would he have been shot? They take the first action in crossing our border.We have no choice but to react.We sure dont want the same problems asd Mexico. "

    Jorge Montano wrote on Apr 1, 2011 10:32 AM:

    " I know that border patrols are being trained to just put down now but the agent could have just shot him on the leg so he can go down .. he did not necesarily have to take his life "

    miguel wrote on Apr 1, 2011 9:04 AM:

    " Live by the sword...die by the sword.. "

    seabass wrote on Mar 31, 2011 2:28 PM:

    " Counter suit for his reckless endangerment of lives as he led them on a police chase and for entering the United States Illegally with contraband. "

    T wrote on Mar 31, 2011 11:26 AM:

    " Am I to believe this family is full of innocence? Including the dad who is a Deported Felon. For what, you ask? Drug smuggling! There is no innocence here. La Madrid joined the family business. This mom has only herself to blame for letting her son get killed. There are no good outcomes for drug smugglers. You end up either dead or in prison. He chose to end up dead, he could have stopped at any time and had prison instead. "

    Manuel wrote on Mar 31, 2011 8:48 AM:

    " No matter if the agents were getting thrown rocks at they still shouldnt had used dealy forces they could of figured something else to do then fire at la madrid, i hope that the guerro family win the law suit cause the Bp agency is just against all mexican and want to get us out of the country. Border patrol has stopped me many times for no good reason im surprised they havent shot me cause it looks like they could shot any mexican for any little reason. R.I.P Carlos La Madrid "

    Pro Border Patrol wrote on Mar 30, 2011 12:26 PM:

    " Assault on a federal officer is a felony whether by rocks or hand grenade of feces. Keep in mind when and if you decide to throw stones a Federal Agents, in uniform, they respond. They also do not know, until the rocks are within view that they are rocks. Today's environment, a self propelled missile is just that, a missile even if it is a rock. The remedy is, don't throw stones at any agent in uniform. Do the crime, pay the time. I hope they don't win any money and wind up having to pay for all legal costs. Uniformed officers don't bust into a home without investigative cause. "

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