The U.S. Department of Justice has neglected to file indictments after years of the Anastasio Hernández Rojas homicide in the hands of 8 U.S. Border Patrol including Customs and Border Protection agents and 4 supervisors who watched and encouraged the deadly abuse at the San Isidro Port-of-entry crossing in 2010.
By H. Nelson Goodson
Hispanic News Network U.S.A.
March 30, 2015
San Diego, California – The U.S. Department of Justice (DOJ) began a probe into the 2010 murder of undocumented immigrant Anastasio Hernández Rojas, 42, but has not filed any federal indictments against eight border patrol and customs border protection agents and four supervisors. The U.S. Department of Homeland Security (DHS) including the DOJ and the Obama administration have attempted to cover-up the Hernández Rojas brutal murder at the San Ysidro Port-of-entry in California U.S. Border and Tijuana by not publicly addressing the inhumane treatment and murder of Hernández Rojas in the hands of a rogue group of border agents who conspired to cover-up the murder.
The Anastacio Hernández Rojas family continues to wait for justice for the brutal and cold blooded homicide of Rojas on May 28, 2010 in the hands of eight border agents while four supervisors watched. Judge M. James Lorenz of the U.S. District Court of the Southern District of California on September 29, 2014 determined that the U.S. Border Patrol agents identified as Phillip Krasielwicz, Gabriel Ducoing and Derrick Llewellyn; Immigration Enforcement Agents Harinzo Naraisnesingh and Andre Piligrino; Customs and Border Protection Officers Kurt Sauer and agent Allen Boutwell; Border Patrol Supervisors Ishmael Finn, Guillermo E. Avila and Edward C. Caliri, and Custom and Border Protection Supervisor Ramon De Jesús were responsible or contributed to Hernández Rojas homicide in 2010.
The border agents argued that Hernández Rojas was a threat to the agents and they had to use force to control his combative and aggressive behavior while they were trying to deport him. The border patrol supervisors claimed that Hernández Rojas was aggressive and they allowed the agents to use force to control Hernández Rojas, an undocumented immigrant.
Several cellphone videos surfaced that showed Hernández Rojas screaming for help and that the agents were killing him. The videos survived from getting confiscated by De Jesús and another agent. Multiple people gathered at the San Ysidro Port-of-entry when Hernández Rojas was being beaten and tased while screaming for help. They took photos and videos of the 30 minute incident that ended with Hernández Rojas homicide. Their cellphones were confiscated by De Jesús and he deleted the photos and videos to cover-up the criminal act by the border agents involved in the beating murder of Hernández Rojas.
The videos that survived the censorship by De Jesús contradicted the agents and supervisors claims that Hernández Rojas was a threat to the agents. Judge Lorenz in a summary ruling disagreed with the agents and determined that about 20 to 30 agents including supervisors were present when the eight agents used batons to beat him, punched and kicked him. Vales even tased Hernández Rojas five times when he was on the ground with his hands handcuffed behind his back and after his legs were ziptied and hog-tied to his hands.
Hernández Rojas autopsy revealed that he had five broken ribs, had suffered from a lack of oxygen to his brain for 8 minutes causing brain dead as a result of a heart attack from the beating and taser, he had abrasions/contusions to the his face, arms and legs including a large hematoma. His death was ruled a homicide by the San Diego Medical Examiner’s Office.
Judge Lorenz wrote that the agents were never in danger, since there were more than 20 agents at the scene and none would have been in danger except Hernández Rojas himself who was handcuffed, hog-tied and was eventually killed by the agents involved.
The supervisors watching Hernández Rojas beating could have intervene to stop the brutal abuse of Hernández Rojas, but they stood there and encouraged it, Judge Lorenz found.
A complaint filed by the Hernández Rojas family states, while processing Hernández Rojas, Ducoing slapped and kicked Hernández Rojas in the ankles causing injuries. Hernández Rojas complained to Krasielwics and Supervisor Finn about Ducoing’s abuse when he was brought to the processing center. Krasielwics in an affidavit confirmed that the victim had told Finn about Ducoing’s abuse.
Hernández Rojas had asked Ducoing and Finn for medical attention and wanted to see an immigration judge. Finn refused and ordered both Krasielwics and Ducoing to immediately deport Hernández Rojas without due process or receiving any medical attention.
When they drove Hernández Rojas to the border crossing, Hernández Rojas began to complain that his leg hurt and was in pain. Once they took the handcuffs off, the border agents threw him to the ground and began to struggle with him. Then both Naraisnesingh and Piligrino came over and began to beat Hernández Rojas with batons. Llewellyn, Boutwell and Sauer arrived at the scene and began to punch and kick Hernández Rojas while he was on the ground.
Vales came to the scene too and tased Hernández Rojas at least five times after he was handcuffed and face down and continued after his legs were ziptied and hog-tied to his hands.
They later dragged him to another area so people who had gathered to take photos and videos couldn’t record the brutal beating that went on for almost a half hour. The agents beat Hernández Rojas because he would not stop from crying out for help, according to the witnesses and video that survived from being illegally deleted by De Jesús to conceal and cover-up the agents criminal acts.
The DOJ began a grand jury inquiry into the Hernández Rojas murder, but no indictments have been filed for almost five years. The DHS tried to cover-up the homicide until the videos turned up to contradict the agents declarations of what had happened, which proved that the agents and supervisors had lied and attempted to cover-up the Hernández Rojas murder. The Obama administration, including President Barack H. Obama has been silent and seemed to have attempted to also cover-up the murder as well simply because Hernández Rojas was undocumented.
None of the agents involved in the Hernández Rojas brutal murder have been charged for felony murder, fired and the supervisors involved remain on the job without any accountability for violating the Constitional rights of Hernández Rojas, indicating a conspiracy, cover-up and corruption among the DOJ, DHS and Obama himself.
The Hernández Rojas murder case at the San Ysidro border crossing showed that a group of rogue agents and supervisors had killed an undocumented immigrant at the U.S. border. They also had attempted to cover-up their criminal acts and unlawfully seized cellphones from witnesses to delete criminal and damaging evidence.
The case of the Estate of Anastasio Hernández Rojas, by its personal representative Daisy Hernández and siblings, et v. United States of America has yet to reach a settlement. If no settlement is reached, the case will go to trial this year to seek monetary compensation for damages resulting in the murder of Hernández Rojas by the border agents involved and supervisors named in the complaint.
Hernández Rojas is survived by his wife and five children.
Shocking news video shows Mexican national Anastacio Hernández Rojas, tased and beaten to death by multiple U.S. Border Patrol and Customs and Border Protection agents. https://youtu.be/5JCmHX1pVCU