D.A. Won’t Reopen Probe in Border Shooting of Boy

SAN DIEGO â€”  The district attorney’s office has rejected a request to reopen the investigation into the shooting and wounding of a 12-year-old Mexican boy by a U.S. Border Patrol agent, a spokesman said.

A review of new evidence submitted by an attorney representing the Mexican youth gave prosecutors no reason to believe charges should be filed against Agent Edward (Ned) Cole, Steve Casey, a spokesman for Dist. Atty. Ed Miller, said Friday.

Cole fired his gun in an April 18 incident at the U.S.-Mexican border and wounded Humberto Carrillo Estrada, who was standing on the Mexican side.

The district attorney first ruled out filing criminal charges against Cole last month, finding that the agent was trying to protect fellow agents when he fired through the fence toward a rock-throwing crowd.

Marco Lopez, a Los Angeles attorney representing Humberto, asked Miller to reopen the probe based on new evidence he said supported allegations the agent used excessive force.

Humberto, who suffered a gunshot wound in the chest, underwent surgery and continues to recuperate at home.

Lopez, who has filed a civil damage claim against the Immigration and Naturalization Service on behalf of the boy, said he was not surprised that Miller refused to reopen the probe.

“It’s really in the (state) attorney general’s court now, as far as we’re concerned,� Lopez said. The state attorney general agreed to review the case at the request of Assemblyman Richard Alatorre (D-Los Angeles).

“Regardless of how diligent we are, he (Lopez) is going to be unhappy . . . because he is looking for a different result,� Casey said, noting that the filing of criminal charges would bolster the civil suit Lopez filed against the INS, which oversees Border Patrol activities.