Justice Department accused of stonewalling House panel.

By MICHELLE MITTELSTADT

The Associated Press

08/13/97 8:06 PM Eastern

WASHINGTON (AP) The chairman of the House immigration subcommittee
accused the Justice Department on Wednesday of "stonewalling" his panel's
inquiry into the shooting of a Texas teenager by a military team assisting
the Border Patrol.

In a letter to Attorney General Janet Reno, Rep. Lamar Smith, RTexas, said
he and his investigators were thwarted at every turn in their bid to
uncover Border Patrol lapses in the May 20 shooting death of Esequiel
Hernandez Jr., 18, of Redford,Texas, on the U.S.Mexican border.

"For two months, my congressional oversight has been obstructed by a
neverending series of useless referrals, unreturned phone calls and broken
promises," Smith wrote.

The Justice Department offered no immediate comment. Nor did the Immigration
and Naturalization Service, which is the Border Patrol's parent agency.

Smith, who will hold a hearing next month on the Hernandez shooting, warned
that he will use "more formal methods of congressional investigation" if
the Justice
Department doesn't meet his demands.

The Border Patrol did provide two briefings to Smith and his staff. But
Smith termed them vague and incomplete.

Smith's complaint came the day before a grand jury was to convene a second time
in Marfa, Texas, to consider whether the Marine corporal who shot Hernandez
should be prosecuted.

Hernandez, who was armed with a .22caliber rifle, was shot as he tended
his goat herd near his family's home.

The military says Hernandez was shot only after he fired on the soldiers.
His family and others contend the youth, who sometimes used the rifle for
target practice, may not have known he was firing at the Marines, who were
in full camouflage.

Military operations along the border have been suspended pending review of the
shooting.

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