Just Another Day at the Office for Border Patrol

According to BBC, a 16 year old teenager by the name of Jose Antonio Elena Rodriguez had been shot in the back of the head, neck, and torso by agents of border patrol in October of 2012. The border patrol officers had opened fire after being hit with rocks that were being thrown at them by people suspected of drug trafficking. Elena Rodriguez had been hit sometime during the shooting. The lawyer for the family of the teenager who had been killed had stated, "The border patrol agent who was firing could have easily taken cover." Now, personally I have to disagree with this statement. It may be easy to say what should have happened after the fact and when the person was not there, but in the heat of the moment, split second actions are necessary and the agent may have found it necessary to fire while being assaulted with rocks instead of seeking cover. It is also believed that the agents had started firing only after the alleged drug traffickers had refused to stop running. Two years after the shooting, the mother of Elena Rodriguez and the American Civil Liberties Union have attempted to sue the Border Patrol in relation to the shooting. The lawsuit alleges that "Just prior to the shooting, Jose Antonio was visible and not hiding; an observer could see that he did not pose a threat. He was doing nothing but peacefully walking down the street by himself when he was gunned down. He was not committing a crime, nor was he throwing rocks, using a weapon, or in any way threatening the U.S. Border Patrol agents or anything else." I also disagree with this statement. While it is a tragedy that a 16 year old was killed, one thing lawyers need to understand is that in a firefight, it is very difficult to tell ally from foe. I have personally engaged myself in mock scenario firefights and I can say that I have almost drawn the replica firearm on my own teammates in the confusion. I am sure that in real combat, the confusion is only multiplied. I know that many people will most likely disagree with me, but while this is a tragedy, I do not believe the agent(s) involved should be punished as severely as many people are calling for.