by Jeff Barnet, Managing Editor
Family and friends of 18-year-old Esequiel Hernandez Jr.,of Redford, Texas, who was shot and killed by Marines on drug surveillance May 20, took their anger and concern directly to lawmakers in Washington, D.C., July 16, and were promised a formal hearing on the incident, according to reports in the El Paso Times.
Rep. Lamar Smith, R-Texas, chairman of the House Immigration Subcommittee, met with the group and said he expected to have a hearing in September, which will also examine the military's involvement in border operations. Gen. Barry McCaffrey, the Clinton administration's drug policy chief, also met with the Redford residents and assured them that federal officials are carefully investigating the shooting and reassessing how Joint Task Force-Six soldiers are used to support the Border Patrol.
Already the El Paso Border Patrol sector has suspended some joint operations with the military in response to the tragedy. Chief William Veal said he was concerned JTF-Six soldiers, who use anti-drug missions with the Border Patrol as training exercises, do not understand the nature of work in the field. "They should be predisposed to compromise the mission before they jeopardize safety," he said.
A grand jury is expected to complete its consideration of the incident by early August. Hernandez had been herding his family's goats in Redford, about 180 miles southeast of El Paso, when he was shot by Marines on routine drug patrol. The four Marines, who were heavily camouflaged, say they were acting in self-defense: they said Hernandez shot at them twice and was about to shoot a third time. However, Hernandez's family members said he was most likely taking potshots at rabbits with the 70-year-old .22 caliber rifle he carried to protect the goats. Marine Lt. Gen. Carlton Fulford met with the Marine who shot Hernandez--Cpl. Clemente Banuelos--and said he was satisfied the Marine did nothing wrong. "I wanted to look him in the eye," said Fulford. "I'm a father. If I had lost a son to an incident such as this, I'd be very angry."
Jack Zimmermann, a Houston lawyer and retired Marine representing Banuelos, said the Marine fired to protect another soldier in his command. "He had to do this to save another person's life," said Zimmermann in a public statement July 23. According to Zimmerman, the Marines intended only to detain Hernandez until the Border Patrol could arrive. They fired, he said, only when Hernandez took aim at one of the soldiers sent to higher ground for a better view.
However, according to a report in the El Paso Times July 29, Air Force Col. Henry Hungerbeeler, who was in charge of the JTF-Six the day Hernandez was shot, said the shooting could have been prevented if not for an apparent breakdown in coordination between the Border Patrol and the Marines. According to a written agreement, the Border Patrol is to respond to any emergency calls from the Marines within 15 minutes. Hungerbeeler said the Border Patrol did not arrive until 38 minutes after the Marine call. The Marines fatally shot Hernandez 22 minutes after reporting that they had been fired upon to the Border Patrol. Had the Border Patrol shown up seven minutes before the shooting, as they should have according to protocol, the situation could have been defused, Hungerbeeler said. "To be fair," he added, "the Border Patrol probably were caught off guard because usually during the daylight the Marines would have been expected to be in their hide-site." Furthermore, he stated that Marines should have been more specific in their radio call, in which they had reported simply "man down." Had they indicated a need for an ambulance and a medic, the Border Patrol could have dispatched one perhaps in time to save Hernandez's life.
The JTF-Six commander also stated that he would like to see the military get out of border operations "to protect our personnel from unfair prosecution arising from their attempts to fulfill their mission."
Mike Connell, chief Border Patrol agent with Operation Alliance, said it was his understanding that Border Patrol agents were delayed in their response because they were processing undocumented immigrants who had been apprehended when the call came in.
The incident has sparked a debate about the deployment of military troops to the border among state and federal agencies and concerned groups. "We do not believe in militarizing the border," said Brian Morton, spokesman for the Office of National Drug Control Policy, which coordinates President Clinton's anti-drug efforts. "We believe that the Border Patrol agents and the civilian law enforcement are the best way to patrol that area."
Rep. Smith said he believes the incident "is proof of the urgent need for more Border Patrol officers. A stronger Border Patrol in West Texas with better training and supervision might have prevented this tragedy." Texas Rep. Silvestre Reyes also favors increasing the number of Border Patrol agents. However, Redford resident Rev. Marvin La Follette disagreed: "I'm not sure they need more Border Patrol. They need to use the agents they have more efficiently."
Military officials vary in their opinions. Lt. Gen Fulford said from his post in Camp Pendleton, Calif., that he would prefer to see drug missions handled by civilian law enforcement. "Law enforcement agents who live there, who know the people and know the environment may have reacted differently," he said. "Somebody from the area may have known this guy did in fact go out with his rifle to herd his goats." JTF-Six spokeswoman Maureen Bosch, based at Biggs Army airfield, said soldiers assigned to the task force simply follow orders given by civilian law enforcement and receive detailed six-month training. "We make sure everyone is on the same sheet of music, " Bossch said. "Before they are sent out on any mission, they are given a set of rules of engagement and a clear understanding of what is expected. They are highly trained and disciplined individuals."
Ohio Rep. James A. Trificant Jr. has proposed enlisting the help of 10,000 more troops for the war on drugs on the border as part of the 1998 Department of Defense budget. Several House lawmakers have promised to fight the increase. The Senate version of the bill does not include the border troop provision, and is more likely to pass, according to Sen. Kay Bailey Hutchinson, R-Texas. Drug policy chief McCaffrey told Redford residents that the Clinton administration is also opposed to the House measure.
Since 1989, all branches of the military have helped civilian law enforcement agencies on a variety of anti-drug missions. The operations are coordinated by the El Paso-based JTF-Six after assistance is requested by a law enforcement entity.
Sources: El Paso Times, Diario Juárez