Congressman says border slaying investigation being hindered
He calls Justice Department not cooperative in case involving teen shot
by Marine

08/14/97

By David Jackson / The Dallas Morning News

WASHINGTON A Texas congressman accused the Justice Department
Wednesday of obstructing his investigation into the May shooting of a
teenager by a Marine on border patrol near Redford.

U.S. Rep. Lamar Smith, RSan Antonio, who chairs a House subcommittee on
immigration, told Attorney General Janet Reno in a letter that the
military has been much more cooperative than her Justice Department.

"Instead, the Department has been prepared to delay and obstruct
congressional oversight by any means available, with the avoidance of
public embarrassment and legal liability as its only guiding stars," Mr.
Smith wrote.

Justice Department officials said they would have to review Mr. Smith's
letter before responding. Some said the response may be limited because
the death of 18yearold Esequiel Hernandez Jr. is also being
investigated by a Presidio County grand jury.

On May 20, Marine Cpl. Clemente Manuel Banuelos, part of a fourperson
antidrug surveillance team, shot and killed Mr. Hernandez. The Presidio
High School sophomore was tending his family's goat herd when he crossed
the soldiers' path.

Military officials said Mr. Hernandez shot twice at the team and the
corporal fired back to protect a comrade. The victim's family disputes
that version of events.

The Presidio County grand jury is scheduled to meet again Thursday in
Marfa, and may decide whether to indict Cpl. Banuelos. The grand jury is
also expected to hear from the three Marines who accompanied Cpl.
Banuelos.

The shooting occurred during a militaryrun border surveillance project
requested by the U.S. Border Patrol, which is a Justice Department
agency. The Defense Department suspended the program after Mr.
Hernandez's death.

Mr. Smith's immigration subcommittee plans hearings this fall on the
Hernandez shooting. But in his letter to Ms. Reno, Mr. Smith complained
about two "incomplete" briefings he received from the Border Patrol.

In his letter to Ms. Reno, Mr. Smith said he wanted to know why it took
the Border Patrol 38 minutes to respond to the shooting. He also
complained that the Marines were not briefed on reports that Mr.
Hernandez had fired at two Border Patrol agents in February because he
thought the agents were threatening his goats.

The Texas Republican complained that Border Patrol officials told him
they didn't want to know too much "so as not to prejudice any ongoing
investigations."

Mr. Smith said the Defense Department, however, gave him a "detailed
briefing."

"I expect the Justice Department to explain to Congress and the American
people in a candid, forthright and timely manner, all of the details
surrounding Mr. Hernandez's death," Mr. Smith wrote.

Mr. Smith said he hoped the incident can be resolved soon so that the
military could resume its surveillance assistance along the border.

"This withdrawal of military assistance comes at a time when
drugsmuggling, aliensmuggling, and their attendant violence and
corruption are increasing all along the border, and I am deeply
concerned about our ability to combat this wave of criminal activity in
an effective manner," he wrote.