LAWMAKER FAULTS JUSTICE, DEFENSE IN GOATHERD'S DEATH

WASHINGTON -- Negligence by the Justice and Defense departments set
the stage for the 1997 shooting death of an 18-year-old West Texas
goatherd during a Marine Corps surveillance mission, a House report
alleged Thursday.

A 249-page report examining the shooting and its aftermath, also
accused the two departments of obstructing investigations into the
death of Esequiel Hernandez Jr.

Rep. Lamar Smith, R-Texas, chairman of the House Judiciary immigration
subcommittee, issued the report at a Capitol news conference.

``When the nation's chief law enforcement agency will not make even a
cursory attempt to hold itself and its employees accountable for the
wrongful killing of an American citizen, the life and freedom of every
citizen is threatened,'' Smith said.

The Marine Corps disciplined four commanders and investigated the
internal breakdowns that led to the fatal shooting, but Smith faulted
the Justice Department for failing to investigate its own
shortcomings. The Border Patrol, an arm of Justice, had requested the
military presence for anti-drug missions along the Texas-Mexico border.

Two grand juries investigated the shooting but issued no indictments.
Justice conducted a six-month civil rights inquiry and declined to
prosecute.

The Justice Department noted in a statement that several
investigations, both federal and state, have determined that evidence
does not exist for a prosecution.

``The shooting of Mr. Hernandez was a tragic event,'' the statement
said. ``Without sufficient evidence to show that there was an
intentional violation of Mr. Hernandez's constitutional rights,
however, we are unable to bring a federal criminal case.''

For its part, the Immigration and Naturalization Service, parent
agency of the Border Patrol, said it ``strongly disagrees with any
claim that the U.S. Border Patrol was directly responsible for this
tragic incident.''

A Pentagon spokesman, Lt. Col. Mike Milord, said officials had not
seen Smith's report and thus couldn't comment.

Hernandez, a 10th grader tending his goats near the Rio Grande, was
shot by one of four camouflaged Marines doing surveillance near
Redford, Texas, 200 miles southeast of El Paso.

Amid a national outcry over the shooting, the Pentagon suspended armed
military patrols on the Southwest border. To settle a claim filed by
Hernandez's survivors, the government bought a $1 million annuity for
the family.

Checked-by: Rich O'Grady