Border Patrol agents rejected a non-profit organization's recommendation to curb using excessive force against rock-throwers on Tuesday, after a government-commissioned review on use-of-force policies prompted suggestions of revision.
The Police Executive Research Forum, a group that provides advisory services to law enforcement, urged the Border Patrol and its parent agency, Customs and Border Protection, to end using deadly force against rock-throwers, according to Border Patrol Chief Mike Fisher, who spoke with the Associated Press. The organization also recommended that the CBP scale back on levels of force with aggressors in cars, after conducting an extensive probe on the government agency's policies on force that began in 2012.
Based on its findings, the non-profit suggested that CBP require further training for new agents, along with more stringent documentation practices.
But the CBP waved away the two suggestions, calling the bids "very restrictive."
"We should have carve-outs in our policy and say, except for this, except for that," Fisher told AP. "Just to say that you shouldn't shoot at rock-throwers or vehicles for us, in our environment, was very problematic and could potentially put Border Patrol agents in danger."
Border Patrol agents are allowed to employ deadly force if they have reason to believe a hazardous situation might put their lives, or the lives of others, in jeopardy, according to current policy.
But questions arose concerning the legitimacy of the use of force after unarmed Mexican citizen Anastasio Hernandez was killed by severe stun gun wounds at San Diego's San Ysidro port of entry, AP reported. Hernandez was allegedly resisting deportation to Mexico - The Justice Department has opened an investigation on Hernandez's death.
The CBP has reportedly been linked to the deaths of 19 other people in the past three years-eight among them died after rock-throwing altercations prompted law enforcement officials to take up arms.
Fisher maintained that rocks are considered lethal weapons, and that smugglers often chuck stones at agents, in addition to bottles and other items. Using these makeshift weapons, smugglers try to create a diversion to help others bypass security forces.
According to the Department of Homeland Security inspector general, agents were attacked by assailants wielding rocks 339 times in 2011. They responded by opening fire 33 times, and used less-than-lethal force - a classification that includes pepper spray and batons - 118 times.
Some activists were frustrated at the CBP's rejection of PERF's suggestions.
"We've long held that deadly force should be limited to the most exceptional circumstances," Andrea Guerrero, executive director of Alliance San Diego, told AP. "The Border Patrol has yet to demonstrate that that's the appropriate level of force in the cases that have happened."
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