EXCESSIVE FORCE
Border patrol’s fatal shooting justified, court rules
On Dec. 6, 2012, a federal judge dismissed a case brought against a border patrol agent who fatally shot a Mexican person allegedly armed with a rock. Jose Alejandro Ortiz-Castillo was shot by Agent Brian Ault at the border fence in El Paso. Plaintiff’s counsel argued that Ortiz-Castillo had been holding a rock but he dropped it just before he was shot. The plaintiff’s reconstruction expert said Ortiz-Castillo’s position in the fence hole would have severely impaired his ability to throw the rock. Defense counsel argued that Ortiz-Castillo was holding a set of heavy-duty bolt cutters and had raised the rock to throw it. Ault then fired in self-defense.
