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- From: rich@pencil.cs.missouri.edu (Rich Winkel)
- Subject: A Rodney King case on the border
- Message-ID: <1992Dec24.082846.22764@mont.cs.missouri.edu>
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- Date: Thu, 24 Dec 1992 08:28:46 GMT
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- Lines: 123
-
- /** pacnews.sample: 192.0 **/
- ** Topic: Rodney King Case on the Border **
- ** Written 11:55 am Dec 22, 1992 by pacificnews in cdp:pacnews.sample **
- From: Pacific News Service <pacificnews>
- Subject: Rodney King Case on the Border
-
- /* Written 11:51 am Dec 22, 1992 by pacificnews@igc.apc.org in igc:pacnews.storie */
- /* ---------- "Rodney King Case on the Border" ---------- */
- COPYRIGHT PACIFIC NEWS SERVICE
- 450 Mission Street, Room 506
- San Francisco, CA 94105
- 415-243-4364
-
- OPINION AND ANALYSIS -- 835 WORDS
-
- A RODNEY KING CASE ON THE BORDER
-
- EDITOR'S NOTE: When an unarmed illegal alien was shot by a U.S.
- Border Patrol agent last June and left to die, civil rights activists
- believed at last they had a case that could spotlight official brutality
- against immigrants. But after a two-week trial, a jury in Tucson
- acquitted the agent of all charges in what some see as a repeat of the
- Simi Valley verdict in the beating of Rodney King. PNS correspondent
- Debbie Nathan writes widely on immigration issues.
-
- BY DEBBIE NATHAN, PACIFIC NEWS SERVICE
-
- The border just had its Rodney King case, minus the video camera, but
- this time the victim wasn't a native-born black. He was brown, and an
- "illegal alien." So his murder inspired no insurrections, and hardly any
- press.
-
- His name was Dario Miranda Valenzuela. He was a Mexican laborer,
- age 26, married, with two small children. At dusk last June 12, Miranda
- was crossing into the U.S. through a canyon near Nogales, Arizona.
- The area is known as a drug smuggling corridor, and that evening, five
- U.S. Border Patrol agents were patrolling it, including 29-year-old
- Michael Elmer. As Miranda made his way, gunfire suddenly rang out.
- When the air cleared, Miranda had two bullets from Elmer's AR-15 in
- his back. But instead of calling an ambulance, Elmer dragged the
- wounded man 175 feet and hid him in a crevice.
-
- A coroner later noted the corpse's clutched hands, indicating Miranda
- had died in agony. If medical aid had been summoned immediately, he
- might have lived. Instead, the shooting wasn't reported until 15 hours
- later -- by Elmer's partner. The partner later told authorities that Elmer
- planned to come back the next day to bury the body and asked him, at
- gun point, to help. Instead, the partner reported the shooting to his
- superiors and Elmer was arrested.
-
- Arizona authorities charged Elmer with first degree murder. It was the
- first time in memory that a border patrol agent had been criminally
- indicted for killing a civilian in the line of duty.
-
- Human and civil rights activists were hopeful. Since the mid-1980s, the
- border patrol has been beefed up with personnel and weaponry --
- ostensibly to fight a "War on Drugs." With increased militarization,
- rights groups have documented wanton use of lethal force against local
- residents, including undocumented immigrants. But as an El Paso
- Times investigation recently revealed, agents are virtually never
- indicted. The situation is so disturbing that Americas Watch reported
- on it this year, and several U.S. and Mexico civil rights groups
- petitioned the Organization of American States to investigate.
-
- Elmer's trial, then, was a landmark chance for justice. It began
- December 1, and as it progressed, testimony revealed that agents
- routinely violate regulations, and that they violated several the night
- Miranda was killed. Elmer and his colleagues had fired warning shots,
- which the border patrol prohibits. Then they failed to report them,
- even though every shot must be documented. Agents admitted that
- they frequently conceal shootings by replacing spent bullets with others
- saved from target practice. And in shooting Miranda in the back, Elmer
- also ignored rules that ban firing on fleeing persons.
-
- Elmer defended himself by claiming the border was a "war zone" and
- immigrants crossing it were the enemy. When he spotted Miranda, he
- opened fire and the Mexican ran southward. Then, Elmer said, he got a
- radioed message that armed men were coming from the north. He
- heard more gunfire and "freaked out." Miranda was running, wearing
- camouflage pants, combat boots and a water canteen. The canteen
- looked like a holster. Elmer fired.
-
- He was a combatant, Elmer said. He was fighting the war on drugs. The
- border was his battleground. He was afraid for his wife and kids.
-
- But none of this jibed with other information. Miranda was unarmed
- and had no drugs. (According to his family, he was crossing the canyon
- to seek work in the dry-wall trade in Tucson.) Nor was Elmer,
- according to his ex-wife, a stickler about drugs. She told Justice
- Department officials in an earlier investigation he had once pilfered
- cocaine from a drug bust and brought it home for the two of them to
- use. And Elmer faces assault charges from a separate incident in which
- he allegedly sprayed unarmed border-crossers with machine gun fire.
-
- The judge dropped the first-degree murder charge and left the jury the
- choice of convicting Elmer for mere manslaughter or negligent
- homicide. But for a panel inflamed with Border-as-Apocalypse-Now
- rhetoric, even these lenient charges were excessive. They acquitted
- Elmer not only of killing but of what he had explicitly admitted --
- covering it up.
-
- It was Simi Valley all over again, with one exception: no one cared.
- There were no riots in Nogales, no national headlines.
-
- What the media did publish that same week were two other items.
- One, the results of a survey of Latino attitudes, reported that most
- people in this country -- including those of Mexican descent -- think
- "there are too many immigrants" here. The other was the signing of
- the North American Free Trade Agreement between Canada, the U.S.
- and Mexico, allowing the free flow of all manner of money and goods.
-
- All manner, that is, except people struggling to change an impossible
- southern pittance for a more promising gringo wage. With the Elmer
- verdict, the message is out: Most people here are easily convinced that
- the border means drugs and disorder, that those crossing it are the
- enemy.
-
- As long as these attitudes prevail, federal border agents will run amok.
- And they will do so with impunity.
-
- (12211992) **** END **** COPYRIGHT PNS
-
- ** End of text from cdp:pacnews.sample **
-