PROBE PENDING IN TEEN'S DEATH BY DRUG FORCES

By Thaddeus Herrick

SAN ANTONIO A federal grand jury is hearing evidence in the death of an
18yearold high school student who was shot by antidrug troops patrolling
the U.S.Mexico border near the West Texas town of Redford last May.

The grand jury, which is expected to reconvene in Pecos next week on the
Redford matter in addition to other cases, is part of a civil rights
investigation into the death of Esequiel Hernandez by the U.S. Department
of Justice.

"The investigation is pending," department spokeswoman Lee Douglass said
Friday. "We're not in the position to say anything more. The investigation
is open and ongoing."

Given the high level of secrecy surrounding the grand jury, its role in the
investigation is unclear. The panel could conceivably be used in the case
to do anything from obtaining additional evidence to issuing an indictment.

A Presidio County grand jury last August refused to indict the Marine who
fatally shot Hernandez while the young man was herding his family's goats
near the Rio Grande. The federal investigation had been suspended pending
that decision.

But after 22yearold Cpl. Clemente Banuelos was nobilled, the Justice
Department started its investigation anew under the direction of Barry
Kowalski, a Justice Department lawyer.

Kowalski may be best known for his prosecution of two Los Angeles police
officers on civil rights violations in the Rodney King beating case, an
achievement that advocates of Hernandez say portends well for their cause.

They say the Presidio County grand jury, which included the Border Patrol's
assistant chief in Marfa and three other residents with ties to the federal
government, was stacked in favor of Banuelos.

But Jack Zimmerman, the lawyer for Banuelos and himself a former Marine,
said the grand jury proceedings in Marfa showed that his client was simply
following the rules of engagement when Hernandez was shot.

The young man was killed when he raised his vintage .22 caliber rifle a
third time after firing twice in the direction of the Marines on the
evening of May 20.

"The Marfa grand jury found there wasn't even probable cause," said
Zimmerman. "The proof wasn't there because it doesn't exist."

At issue in the case is whether Hernandez was firing his rifle at the
camouflaged Marines and whether he intended to shoot one of the three
soldiers on patrol when he was killed by Banuelos' M16 rifle.

While the Justice Department appears to be aggressively reexamining the
case, the Defense Department has been a strong supporter of Banuelos.
Defense Department officials say the Marine acted in defense, as law permits.

Copyright 1997 Houston Chronicle San Antonio Bureau