Esequiel Hernández Jr

Esequiel Hernández Jr (born May 14, 1979) was an 18-year-old U.S. citizen and high school student killed on May 20, 1997 by Marines on the United States–Mexico border in Redford, Texas. [cite news | publisher=Time | last=Gwynne/Marfa | url=http://www.time.com/time/magazine/article/0,9171,986881,00.html | title=Border Skirmish | date=1997-08-25 | accessdate=2008-07-11] Hernández was the first American civilian to be killed by active United States Armed Forces while they were on duty since the student massacre at Kent State University in 1970cite news | first=Monte | last=Paulsen | publisher=Austin Chronicle | url=http://www.dpft.org/hernandez/paulsen.htm | title=Fatal Error: The Pentagon's War on Drugs Takes a Toll on the Innocent | date=1998-12-25 | accessdate=2008-07-11] and led to Defense Secretary William Cohen issuing a temporary suspension of troop patrols near the U.S.–Mexico border. [cite news | last=Kasindorg | first=Martin | publisher=USA Today | url=http://www.dpft.org/hernandez/usat_073097.html | title=Pentagon Pulls Troops Off Drug Patrols | date=1997-07-30 | accessdate=2008-07-11] The shooting inspired the 2005 movie The Three Burials of Melquiades Estrada by Tommy Lee Jones. [cite news | first=Manohla | last=Dargis | publisher=New York Times | url=http://movies.nytimes.com/2005/12/14/movies/14buri.html | title=Dead Man Rising: An Odyssey in Texas | date=2005-12-14 | accessdate=2008-07-11]

Death

Marines on drug patrol heavily camouflaged in ghillie suits came upon Hernández herding goats. The camouflaged soldiers observed the 18 year old high school student from concealment at a distance of approximately 200 yards for twenty minutes maintaining radio contact with their unit. Hernández had taken a .22-caliber rifle with him, apparently to scare off wild dogs, which he suspected were bothering his goats.cite news | publisher=PBS | url=http://www.pbs.org/pov/pov2008/ballad/about.html | title=About the Film The Ballad of Esequiel Hernández | date=2008-07-07 | accessdate=2008-07-11] At one point, Hernández fired his rifle twice in the direction of the concealed soldiers, possibly believing them to be wild animals. After tracking Hernández for twenty minutes, and continuing to call for Border Patrol assistance, the Marine team leader shot and killed Hernandez. The bullet entered Hernandez'armpit on his right side. [cite news | publisher=Hartford Advocate | url=http://www.hartfordadvocate.com/article.cfm?aid=8533| title=On the Border | date=2008-06-30 | accessdate=2008-07-11] The Border Patrol claimed he had previously fired shots at Border Patrol agents in February 1997.Fact|date=September 2008 statements from the agents were included in the military's 15-6 investigation.Fact|date=September 2008

Investigation

A congressional investigation into the killing was scheduled for September 1997. [cite news | first=Judy | last=Wiessler | publisher=Austin Chronicle | url=http://www.dpft.org/hernandez/hc_071797.html | title=House panel plans probe of S. Texas border killing | date=1997-07-17 | accessdate=2008-07-11] A grand jury examined the fatal shooting and considered criminal charges against the four Marines, [cite news | first=Same | last=Howe Verhovek | publisher=New York Times | url=http://www.dpft.org/hernandez/nyt_073197.html | title=Grand Jury to Examine Fatal Shooting of 18-Year-Old by Marine | date=1997-07-31 | accessdate=2008-07-11] but didn't indict any of the marines involved in the shooting. [cite news | first=Charles | last=Zeve | publisher=CNN | url=httphttp://www.cnn.com/US/9708/14/border.shooting/ | title=Grand jury doesn't indict Marine in border shooting | date=1997-08-14 | accessdate=2008-07-11] The Justice Department subsequently dropped its investigation. [cite news | first=Anne S. | last=Lewis | publisher=Austin Chronicle | url=http://www.austinchronicle.com/gyrobase/Issue/story?oid=oid%3A632179 | title=Tragedy on the Border | date=2008-06-06 | accessdate=2008-07-11] The Marines also investigated the killing. [Major General John T. Coyne, United States Marine Corps. [http://www.dpft.org/hernandez/coyne.htm INVESTIGATION TO INQUIRE INTO THE CIRCUMSTANCES SURROUNDING THE JOINT TASK FORCE-6 (JTF-6) SHOOTING INCIDENT THAT OCCURRED ON 20 MAY 1997 NEAR THE BORDER BETWEEN THE UNITED STATES AND MEXICO] . 07 APR 98.] In 1998, the U.S. government paid his family $1.9 million to settle a wrongful death claim. [ [http://chron.com/content/chronicle/page1/98/08/12/border-shooting_2-0.html] ] The U.S. Marine who fatally shot Hernández was not charged. [cite news | first=Michelle | last=Mittelstadt | publisher=Austin Chronicle | url=http://www.dpft.org/articles/nocharges.htm | title=Feds won't press charges in border shooting | date=1998-02-26 | accessdate=2008-07-121]

The Ballad of Esequiel Hernandez

The 2007 documentary "The Ballad of Esequiel Hernandez" explores his killing by Marines, analysing both sides of the issue. It won best-documentary awards at the Mexico City Film Festival and Santa Fe Film Festival in 2007 and at the El Paso festival in 2008. It is directed by Kieran Fitzgerald [cite news | first=Michelle | last=Casady | publisher=Houston Chronicle | url=http://www.chron.com/disp/story.mpl/ent/5876001.html | title=Documentary explores Texas teen's killing by Marines | date=2008-07-08 | accessdate=2008-07-11] and narrated by Tommy Lee Jones. The documentary premiered July 8, 2008 on PBS."The Ballad of Esequiel Hernandez" is also a song written in 1999 by the Native American grindcore band Xool.

External references

* PBS NewsHour with Jim Lehrer broadcast August 13, 1997 [http://www.dpft.org/hernandez/pbs_081397.html Casualties of the Drug War]
* Oversight Investigation of the Death of Esequiel Hernandez, Jr.: A Report of Chairman Lamar Smith to the Subcommittee on Immigration & Claims of the Committee on the Judiciary, House of Representatives, 150th congress. United States Government Printing, January 1998. ISBN 0160577195 ISBN 9780160577192

ee also

* Posse Comitatus Act
* Joint Task Force North
* War on drugs

References