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News (Media Awareness Project) - US TX: Marine Corps Report Clears Corporal in Shooting Death of Texas Teen-Ager
Title:US TX: Marine Corps Report Clears Corporal in Shooting Death of Texas Teen-Ager
Published On:1998-06-17
Source:Houston Chronicle (TX)
Fetched On:2008-09-07 08:08:22
MARINE CORPS REPORT CLEARS CORPORAL IN SHOOTING DEATH OF TEXAS TEEN-AGER

EL PASO (AP) -- A serviceman acted within the law when he fatally shot a
West Texas teen-ager while on a border drug patrol, Marine Corps
investigators concluded in a report released Monday.

The probe concluded that Cpl. Clemente Banuelos was protecting a fellow
Marine when he killed Esequiel Hernandez Jr. in Redford, a rural Rio Grande
community 200 miles southeast of El Paso, according to a statement released
by the Corps. It called Hernandez's death tragic but noted it "was not the
result of a criminal act." An investigative report recommended against
punishment for Banuelos and the other Marines who were with him.

The Marine investigation represents the fourth time the servicemen were
cleared of wrongdoing in Hernandez's death.

Bill Weinacht, an attorney for Hernandez's family, did not return a phone
call seeking comment.

A state and a federal grand jury each declined to indict Banuelos in the
shooting. An investigation by Joint Task Force 6, an agency that
coordinates anti-drug missions between the military and civilian police,
also concluded the Marines acted within mission guidelines.

Hernandez, 18, was killed May 20, 1997, after crossing paths with Banuelos
and three other Marines conducting anti-drug surveillance on the Rio Grande
at the request of the Border Patrol. According to the military, Hernandez,
who was out tending goats, fired at the Marines twice and had raised his
.22-caliber rifle a third time when Banuelos shot him once with an M-16.

Hernandez's family disputes the military's story, saying the teen would
never knowingly have shot at anyone and only carried the rifle to protect
his livestock from wild dogs and occasionally shoot targets.

The shooting prompted a national outcry by civil rights advocates and led
to the suspension of armed military patrols on the border.

Military officials say such operations may be discontinued altogether.

Looking beyond the Hernandez shooting, the Marine Corps investigation also
determined such missions received an unacceptable level of support from
higher headquarters.

Checked-by: (Joel W. Johnson)
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