U.S. TO PAY $1.9 MILLION IN SLAYING AT BORDER

Social Issues: The military admits no fault in the shooting of an American
teen in Texas by a Marine last year.

The U.S. government has agreed to pay $1.9 million to the family of an
American teenager killed by a Marine along the Texas-Mexico border last year.

Bill Weinecht, attorney for the family of 18 year-old Esequiel Hernandez
Jr., announced the settlement with the Justice Department and the Navy on
Tuesday.

The settlement is in the form of a $1 million annuity that,when paid out
over the course of several years, will total approximately $1.9 million,
Weinacht said.

Justice Department spokesman Chris Watney said the settlement did not
indicate an admission of fault on the part of the military.

Some community activists say otherwise.

"it's a very large sum for a government to pay that has nothing to hide,"
said the Rev. Melvin LaFollette of the Redford Citizens Committee for
Justice. "You settle out of court to prevent things from going to court and
getting into the public domain."

Also Tuesday, A Texas grand jury declined for a second time to indict the
Marine who fired the fatal shot.

Cpl. Clemente Banuelos was on a four man anti-drug patrol when he shot
Hernandez as the teen was herding goats May 20, 1997, near Redford, Texas.
Banuelos said he fired because Hernandez had shot twice with a rifle in the
direction of the camouflaged patrol and appeared to be preparing to shoot
again.

Hernandez's family said the youth carried the rifle to protect the herd
from coyotes and was probably unaware of the Marines' presence.

Military patrols along the Rio Grande were suspended after the shooting.

Presidio County District Attorney Albert Valadez, who also sought an
indictment for murder from the state court last year, said he probably will
not try again to get an indictment against Banuelos.

"We have presented all the evidence we have at our disposal, "he said.
"Unless new and significant evidence comes up, I doubt we'll be presenting
it to another grand jury."

The Justice Department announced in February that Banuelos would not face
federal civil rights charges.

"We send our heartfelt condolences to the Hernandez family, "Marine
spokesman Lt. Col. Scott Cambell said. "This incident was investigated by
four different agencies. Though this was an extremely tragic incident,
their findings were that the shooting was not the result of a criminal act."

Checked-by: Mike Gogulski