U.S. AGREES TO PAY FAMILY IN TEEN'S BORDER KILLING

SETTLEMENT TOPS $1 MILLION IN SHOOTING BY MARINE

Federal officials agreed to pay more than $1 million to settle the claims
of a Redford, Texas, family whose son was killed last year by a U.S. Marine
on a counter-drug patrol, the family's attorney said Tuesday.

A second state grand jury, meanwhile, finished deliberations this week
without returning criminal indictments in the death, said Jack Zimmerman,
an attorney for the Marine.

It was the latest of several criminal inquiries that have resulted in no
charges against the Marine.

In the settlement announced Tuesday, the government admitted no wrongdoing
in the May 1997 death of Esequiel Hernandez Jr., an 18-year-old high school
student shot while he herded his family's goats near the Mexican border.

"The government, like the family, was very interested in resolving this
matter," said Bill Weinacht, a Pecos attorney who represented the family.

Government officials settled the case under a law that allows the military
to resolve a claim without admitting liability, said Justice Department
spokeswoman Chris Watney. Pentagon officials declined to comment.

The incident occurred as four Marines were on patrol near Redford last May
at the request of the Border Patrol. Team leader Cpl. Clemente Banuelos
shot Mr. Hernandez after the teen fired at the camouflaged soldiers and was
preparing to shoot again, the Marines said.

The shooting galvanize opposition to the use of troops along the border,
and the Pentagon suspended its armed patrols. Several dozen soldiers at any
one time were helping the Border Patrol with surveillance missions in
remote areas.

Top Clinton administration officials have said they oppose returning armed
troops to the border. But the House has approved a measure that would allow
the administration to post up to 10,000 troops in support of counter-drug
efforts.

Some residents said they hoped Mr. Hernandez's death would keep the
military off nearby ranches.

"Hopefully, very many people from very high places learned something from
this," said Enrique Madrid, longtime resident and member of the Redford
Citizens Committee for Justice.

A state grand jury last year declined to bring charges against Cpl.
Banuelos in the shooting, as did a federal civil rights inquiry. A recent
report by the Marines faulted aspects of the mission but cleared the patrol
members.

A congressional panel headed by Rep. Lamar Smith, R-San Antonio, continues
to investigate the shooting.

Mr. Zimmerman, the attorney for Cpl. Banuelos, said the government's
settlement did not amount to an admission of wrongdoing but was instead a
"humanitarian" payment.

In recent weeks, Presidio County prosecutors presented added evidence,
obtained by federal investigators in the civil rights inquiry, to a second
state grand jury, he said.

"The grand jurors again found Cpl. Banuelos' actions were justified," he said.

In settling the civil claim late last month, the government agreed to buy a
$1 million annuity that will pay the family an undisclosed sum annually for
at least 20 years, Mr. Weinacht said. The government also is making an
undisclosed payment to the family upfront.

He estimated the total payments, including those from the annuity over
time, at $1.9 million to the Hernandezes.

Mr. Weinacht said he wouldn't disclose further details, including the
government-approved fees that he will receive. Federal law limits attorney
fees to no more than 20 percent of a settlement, he said.

The family's civil claim against the Marines faced an uncertain fate if it
had gone to court, Mr. Weinacht said. Congress had crafted the law that
allowed troops at the border to discourage such lawsuits.

"There was no precedent for us to follow in this case," he said.

Some government critics said they wanted the case to go to trial to force a
public airing of the incident. The state grand jury heard testimony in
secret, as did a federal grand jury in the civil rights case.

"The family has gotten some money, but they haven't gotten justice in the
killing of their son," said the Rev. Melvin LaFollette, a retired Episcopal
priest who lives in Redford.

In their civil complaint, the Hernandez family charged that the Marines did
not act in self-defense as described by the four-man unit.

Cpl. Banuelos was in charge of the Marine unit while it was on a covert
mission to spot drug smugglers May 20. The Marines patrolled along the Rio
Grande near Redford, which is about 180 miles southeast of El Paso.

The family had said that Mr. Hernandez did not even know the Marines were
present and that he was shooting at coyotes.

Although the government refused to admit liability, some area residents
said they viewed the settlement as an admission of wrongdoing.

"The real feeling here was that they would be shrugged off . . . that
nobody was going to do anything [about Mr. Hernandez's death]," said Ted
Purcell, principal at Presidio High School, where Mr. Hernandez was a
sophomore at the time of his death.

"The settlement is an admission by the government that they made a mistake.
Now, we'll be able to go on with our lives."

While the settlement was not extraordinarily high for this kind of case,
the government is indeed acknowledging its wrongdoing, said Mario J.
Martinez, a longtime civil attorney in El Paso and former assistant U.S.
attorney.

"Attorneys know good and well that the government is accepting
responsibility for the act of its soldier, even with a disclaimer in the
paperwork," Mr. Martinez said. "They're saving face."

Checked-by: Pat Dolan