The attorneys for the family of a Mexican citizen who died at the hands of federal agents at the San Ysidro border crossing last year provided Wednesday chilling new details of what they alleged was "torture by Taser."
The suit alleges that an agent "repeatedly electrocuted" the man after he was handcuffed and prostrate on the ground with five jolts that lasted up to 13 seconds. The agent then "directly applied electricity to the decedent's body," the suit said.
The new information, which they said was based on the statements from more than 20 eyewitnesses and official reports, was given to the attorneys in response to a civil lawsuit they filed in March against the federal government.
They used the information to file a second lawsuit, which now adds as defendants 12 unnamed federal agents from the U.S. Border Patrol, Customs and Border Protection and Immigration and Customs Enforcement.
Those federal agencies have not commented on the case, which is under investigation by the Civil Rights Division of the U.S. Justice Department.
The attorneys filed the civil case on behalf of the five children of Anastasio Hernández Rojas, 42, an undocumented immigrant who had lived in San Diego County for two decades. He died on May 28, 2010 when the federal agents were in the process of deporting him.
The government has 60 days to respond to the second lawsuit.
The new information is based on statements from eyewitnesses, among them the agents involved in the case, and from Pedro Hernández, the brother of the man who died. The two had been caught crossing the border illegally through the mountains of East County.
Although the lawsuit asks for unspecified damages, the Hernández family is seeking justice and punishment for the agents involved in his death, said Adrian Martinez, one of the attorneys representing the family members.
According to the second lawsuit, "In May 28, 2010, Anastasio Hernández Rojas died at the hands of federal immigration agents after he complained of being physically abused by a Border Patrol agent. (Anastasio) demanded medical assistance, he resisted being sent back to Mexico without talking to an attorney and he pleaded for the agents to stop brutally beating him."
The suit said that the incident began after a Border Patrol agent asked Hernández to throw his water jug into a trash can.
Instead, he dumped the water on the ground, and the agent responded by violently grabbing the bottle from the man's hand.
When Hernández complained, the agent pushed him toward the wall, repeatedly kicked his ankles and pushed him to the ground spread-eagled, the suit said.
The blows aggravated a previous ankle fracture, which had required the insertion of a pin.
Hernández cried out in pain and asked for medical help and complained to agents who were present. He demanded to be taken before an immigration judge.
The agents' supervisor ordered his immediate deportation under custody of the agent who had initially slapped and beat him, the lawsuit alleged.
Once in the deportation area known as "Whiskey Two," near the pedestrian walkway to Mexico, Hernández again asked to see an immigration judge.
Afterward, two Border Patrol agents pushed him to the ground and began to beat him. Two ICE agents also hit him with their batons and a fifth agent joined the fray, kicking and beating Hernández with his fist, the lawsuit alleged.
That spot is heavily traveled by pedestrians and the incident attracted the attention of a group people. Some of them began to record it using their cellular phones.
"Two government agents confiscated the cell phones and erased videos depicting the beating," the suit said. "Other agents stood en masses to block the public view of the incident."
The suit said that three supervisors witnessed the beating but did not intervene.
Hernández cried for help before falling unconscious yelling in Spanish, "Please stop!", "Don't hurt me!" "Help me!" and "Please no!"
Those cries can be heard in the only video that is known to exist from the incident, which can be seen on YouTube.
A CBP agent then asked the other agents to step back. That's when he fired two darts attached to wires of his X-26 Taser into the body of Hernández, who by then was already handcuffed and prostrate on the ground, the suit said.
"The CBP agent then repeatedly electrocuted Anastacio, administering jolts lasting five seconds; five seconds; thirteen seconds and then twelve seconds," the suit said. "The CBP agent then used the Taser in 'drive-stun' mode to directly apply electricity to the decedent's body."
Afterward, the agents hogtied the man, and discovered that he was not breathing.
The San Diego County Medical Examiner ruled Hernández died of a heart attack. Other factors, such as a previous cardiac condition and methamphetamine in his system, were cited as contributing factors.
The suit alleges that the Medical Examiner found the manner of death to be homicide.
An independent autopsy conducted by Dr. Marvin Piertruszka revealed bruising over much of his body as well as five fractures in his ribs, the suit said.
The lawsuit alleged that the death of Mexican man was caused by "torture from a Taser in violation of his constitutional rights in the United States as well international laws."
Christian Ramírez, of the American Friends Service Committee, which has assisted the Hernández family, said the migrant had a right to ask for medical assistance and to see an immigration judge.
The organization has joined others in denouncing the death in various forums and protests.
"The authorities want this to disappear but we're not going to give up," he said.
"We're going to keep condemning these cases to the fullest extent possible."
Alexandra.mendoza@sandiegored.com
