Border Patrol agent found not liable in fatal shooting of man

A federal judge ruled a Border Patrol agent was justified in the fatal shooting of a man near the border fence in Douglas.

U.S. District Judge James A. Soto said Agent Lucas Tidwell was not liable for the death of Carlos LaMadrid, a 19-year-old U.S. citizen, in the March 21, 2011, shooting that followed a high-speed chase and suspected drug smuggling attempt.

Soto’s April 25 decision closed a civil lawsuit filed in 2012 by LaMadrid’s mother, Guadalupe Guerrero, and tried before Soto in July 2015.

The lawsuit claimed Tidwell was “grossly negligent” in the shooting. LaMadrid “was unarmed, was clearly fleeing the scene and had his back to the agent, was in the process of climbing a ladder, and therefore, posed no threat whatsoever to the agent or any third party.”

Soto disagreed, saying Tidwell fired his gun after rocks were thrown at him from atop the border fence.

“A reasonable person in Tidwell’s position would believe that he was facing unlawful deadly physical force where rocks the size of softballs or bricks are being thrown from 15 feet away and 10 feet above you directly at your head at 50 to 60 miles per hour,” Soto wrote.

The 14-page decision stated LaMadrid led Douglas police officers on a mid-day chase through the city after police received a tip that the vehicle LaMadrid was driving contained bundles of marijuana. Police called Tidwell for assistance as LaMadrid headed toward the border fence.

LaMadrid crashed his vehicle into the vehicle driven by Tidwell, Soto wrote. LaMadrid and a passenger then ran to the border fence, where two men atop the fence lowered a ladder to help LaMadrid escape to Mexico.

One of the men on the fence threw rocks at Tidwell while LaMadrid climbed the ladder, Soto wrote. Fearing for his life, Tidwell fired at the rock thrower and struck LaMadrid four times as he climbed the ladder and into the line of fire.

Soto said he found the testimony of Douglas police Officer Marcus Gonzalez and Tidwell credible.

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Soto was not persuaded by two witnesses who said they had seen the shooting while working on a nearby construction site in Mexico and did not see anyone on top of the fence. Soto said he did not find their testimony credible after they admitted to crossing the border illegally multiple times and one instance of human smuggling.

They “appeared biased” against U.S. authorities and their testimony was “directly contradicted” by Tidwell and Gonzalez, Soto wrote.

Soto dismissed a “conspiracy theory” put forth by the plaintiff that the low quality of the video taken by Border Patrol cameras was the result of tampering.

Similarly, Soto said the allegation that local and federal law enforcement officers moved the ladder and the vehicle driven by LaMadrid after the shooting in order to conceal evidence was not plausible. Instead, officers believed the scene was unsafe and high winds could have caused the ladder to fall on people in the area.

During the trial, attorney Bill Risner said LaMadrid did not use or attempt to use deadly force.

He argued Tidwell had never seen someone specifically throw rocks at him, moved away from his SUV door and fired his gun without knowing for sure if he was shooting at the person throwing the rocks.

Risner did not respond to a request for comment.

“Whatever decision the court made in this case, it could not begin to fill the immense void left in the family when LaMadrid died,” Soto wrote. “Based on the evidence and law before the court, there is simply no legal relief that can be provided to the family.”

The U.S. Department of Justice reviewed the case and closed its investigation in August 2013, saying the evidence indicated Tidwell was acting in self-defense.