A civil trial is underway in federal court over the 2011 deadly shooting of a U.S. citizen in Douglas by a Border Patrol agent.
The family of Carlos LaMadrid, 19, is suing the federal government for an unspecified amount for what it considers to be unjustified and excessive use of force.
The attorneys for LaMadrid’s mother, Guadalupe Guerrero, argued Monday before U.S. District Judge James Soto that Border Patrol agent Lucas Tidwell shot LaMadrid at close range when he was climbing a ladder back to Mexico.
“It’s not disputed that Tidwell shot and killed LaMadrid by four shots to his back as he was climbing the ladder propped up against the international fence,” said attorney Bill Risner. “It’s uncontradicted that Carlos did not himself use or attempted to use deadly force.”
But the government claims the shooting was justified. The agent, they said, feared for his life because he was being attacked with rocks being thrown from on top of the fence.
“Losing a son under any circumstance is tragic,” David Wallace of the U.S. Attorney’s Office said during his opening statement, but the government will prove it is not liable.
“Unfortunately, Carlos was caught in the crossfire,” he said. And there’s ample evidence to prove it, he said, including radio calls, videotapes, independent witnesses, LaMadrid’s cellphone and the rocks thrown at the agent.
No criminal charges were filed against Tidwell.
The pursuit that led to the shooting began about noon on March 21, 2011, when someone reported to Douglas police that a gold Chevrolet Avalanche was loaded with bundles of marijuana. Police officers saw LaMadrid’s truck and started following him, but he sped toward the border until he collided with a Border Patrol agent’s SUV.
LaMadrid and his passenger jumped out of the truck and ran toward the border fence. As Tidwell started to get out his truck about 15 yards from the fence, he said, he saw two rocks thrown in his direction.
At that moment he said he didn’t see who had thrown them or where they landed, but he later learned one of them had hit the middle of his windshield.
Tidwell said he kept ducking but could see a silhouette on the fence in the direction where the rocks where coming from. A third rock came toward him before he ducked again and decided his position had been compromised.
“The individual, whoever was throwing rocks at me, knew where I was in my vehicle,” he testified. “Every time I got up, rocks got thrown at my head.”
He said he moved to the back of his vehicle to reassess the situation but the decision of what to do next was made for him because he felt he was under attack given the collision, the rock throwing and the fact he didn’t how many people were out there.
“I can’t be sure I saw a throwing motion or an object coming at me and I discharged my weapon,” he said. “I fired two to five rounds at the silhouette.”
Risner pointed out how agents are trained when to shoot, basic firearm rules and that they are supposed to know their target, which Tidwell confirmed. But Tidwell said it happened quickly and he was protecting his life.
The Border Patrol has come under increasing scrutiny for its use of deadly force. More than 20 people have been shot and killed by agents since 2010.
Risner argued Tidwell had never seen someone specifically throw rocks at him, moved away from his SUV door where he had some sort of shield and fired his gun without knowing for sure if he was shooting at the person throwing the rocks.
