Details released in border killing

By Douglas Holt / The Dallas Morning News

EL PASO While releasing new details in the death of a high school student
shot by U.S. Marines last spring, a lawyer representing the man's family
has called on President Clinton to speak out on the incident.

"This is the first killing of an American citizen on U.S. soil by U.S.
soldiers since Kent State," Pecos lawyer Bill Weinacht said, referring to
the deaths of four Vietnam War protesters shot by Ohio National Guardsmen
at Kent State University in 1970.

"We're asking the president to try to give some answers to the grieving
family and the nation."

A White House spokeswoman, Kara Gearhardt, said Friday that would be
unlikely. "We don't comment on pending litigation," she said.

The shooting occurred May 20 as a team of camouflaged Marines were deployed
near Redford, about 180 miles southeast of El Paso, on a covert mission to
watch for drug smugglers. Esequiel Hernandez was shot while tending his
family's goats after coming home from Presidio High School.

Citing concerns of the family that the case may be "investigated to death"
and forgotten, Mr. Weinacht released a summary of the shooting contained in
a negligence claim filed in July against the U.S. government.

A key part of the claim coincides with problems Texas Rangers had earlier
expressed in understanding a Marine corporal's defense that he shot in
selfdefense as Mr. Hernandez raised his rifle to fire at the Marines.

The Marine's lawyer, Jack Zimmermann, could not be reached Friday but has
steadfastly said in the past that the Marine committed no crime. Last
month, a Presidio County grand jury declined to charge the Marine, Cpl.
Clemente Banuelos.

The negligence claim states that Mr. Hernandez was righthanded and would
shoot his .22caliber rifle by placing it against his right shoulder and
pulling the trigger with his right hand. An autopsy report shows he was
shot in the right side of the chest. The Marines were standing to Mr.
Hernandez's right.

"If Esequiel had in fact raised his rifle to fire at the Marines to his
right, he would have a gunshot wound on the left side of his body," the
claim states. "It would be virtually impossible for a righthanded person
to raise his rifle to fire at a person directly to his right and receive a
gunshot wound to his right side from returned fire."

District Attorney Albert Valadez said those same issues troubled him
because they go to the heart of whether the shooting was justified and in
selfdefense.

"That's why I brought it to a grand jury," Mr. Valadez said.

The U.S. Department of Justice continues to investigate whether Mr.
Hernandez's civil rights were violated. Rep. Lamar Smith, RSan Antonio,
has said he plans to hold congressional hearings on the shooting once the
Justice probe is complete.

The government has until January to respond to the negligence claim, after
which the Hernandez family may sue if no settlement is reached.

Margarito Hernandez said the death of his younger brother has left his
family forever changed.

"We thought we lived in a free country and the laws were there to protect
us and then this thing happens," he said. "I still can't accept it."