He was a good boy and just walking down to the corner to look for a job. Update to this story.
Via KGUN
After nearly two years of no answers from Border Patrol, the mother of a Mexican teen killed 2- years ago has slapped the US Border Patrol with a lawsuit. Aricela Rodriguez is calling her son’s death a “brazen and lawless killing.”
The civil rights case is testing a recent federal ruling on law enforcement’s use of deadly force along the border.
Family members and attorneys spoke Tuesday at a news conference outside U.S. District court in Tucson after attorneys filed a 10 page civil lawsuit against 20 Border Patrol and U.S. Customs and Protection agents — identified only as John Does.
16-year-old Elena Rodriguez was on Main Street in Nogales, Mexico. The Border Patrol contends Jose Antonio Elena Rodriguez was a lethal threat, but the suit alleges he was not throwing rocks at agents when they opened fire through the border fence.
The suit alleges Border Patrol agents shot the teen about “10 times” through the fence — virtually all of them “entered his body from behind.”
Now the teen’s mother wants the agent’s names.
A-C-L-U attorney Lee Gelernt said, “At least know who is responsible for killing her son, why did they do it and why they aren’t they being held accountable.”
Gelernt said the agents used “excessive and unreasonable force” — violating 4th and 5th amendment rights.
It comes on the heels of a federal appeals court ruling that extends the protection of the U.S. Constitution to citizens in Mexico. “It can not be that they can shoot a civilian 30 feet over the border and the constitution doesn’t protect them. They cannot exert force in this town in Nogales and then claim we can do it with impunity,” said Gelernt.
Gelernt said he doesn’t know if the government has taken any action in this case — a reason the lawsuit is necessary.
Holding pictures of her grandson, the matriarch of the family, who lives in the U.S., said — in Spanish – they want justice. “We just want the names of those people. We want to see their faces — we want to see them in court because those who killed are committing a crime,” said Taine Elena. And they want a jury to hear the evidence.
KGUN9 reached out to the border patrol for comment, but have yet to get a response.
The teen’s mother was unable to attend the news conference in Tucson because she could not cross the border.

