Border Patrol: OK to Shoot Fleeing Subjects?

Congress probes case of jailed agents

By Heather McPherson, Newser User

Posted Jul 18, 2007 4:25 PM CDT

(Newser) – Now that the president is in the business of commuting sentences, some lawmakers would like to see him turn his attention to two border patrol agents who drew more than 10 years in prison for shooting a fleeing, unarmed drug trafficker in the back. By federal law, agents are allowed to fire their weapon only if they are in danger.

The limit on deadly force seems wrong to several GOP senators—especially if the subject is a drug smuggler—and they held a hearing on it yesterday. The US attorney for West Texas defended the convictions, testifying that there is no way to guarantee that a fleeing suspect is dangerous, and that the Supreme Court has already weighed in on the matter.

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Rep. Duncan Hunter, R-Calif., left, accompanied by Rep. Dana Rohrabacher, R-Calif., testifies on Capitol Hill in Washington, Tuesday, July 17, 2007, before the Senate Judiciary hearing on the prosecution... (Associated Press)

National Guardsmen of the 1058th Transportation Company of Massachusetts drive along the United States-Mexico border near Calexico, Calif., on Thursday, June 21, 2007. The Company finished installing... (Associated Press)

People visit friends and family through the international border fence on Father's Day in Tijuana, Mexico, Sunday, June 17, 2007. Many families visit at the fence when members cannot enter Mexico and... (Associated Press)

Border Patrol agents help a girl over a ranch fence so she can be taken into custody in South Texas brush country north of Laredo, Texas, June 6, 2006. For all the tough talk out of Washington on immigration,... (Associated Press)

U.S. Attorney Johnny Sutton, left, and David V. Aguilar, Chief of Office of Border Patrol for U.S. Customs and Border Protection, testify on Capitol Hill in Washington, Tuesday, July 17, 2007, before... (Associated Press)

A disjointed border fence separates Mexico, right, from an area known as Smugglers Gulch in the United States Wednesday, May 30, 2007, in San Diego. The area has long been difficult for the Border Patrol... (Associated Press)

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Border Patrol: OK to Shoot Fleeing Subjects?