Texas Lawyer Calls Release Of PERF Report A Victory For Border Residents

News provided by

May 30, 2014, 05:48 ET

CORPUS CHRISTI, Texas, May 30, 2014 /PRNewswire/ -- Bob Hilliard, a principal at Texas law firm Hilliard Munoz Gonzales LLP, and Hilliard Shadowen, LLP has been putting pressure on U.S. Customs and Border Protection (CBP) to release a critical review of its use-of-force cases and policies by the Police Executive Research Forum (PERF).

Robert Hilliard, partner at Hilliard Munoz Gonzales, is lead attorney in the lawsuit against General Motors. (PRNewsFoto/Hilliard Munoz Gonzales LLP) (PRNewsFoto/HILLIARD MUNOZ GONZALES LLP)

The CBP's recent release of the PERF report is a triumph for Hilliard and others who have brought pressure to bear on the agency. The report reveals the agency's acknowledgment of the use of unreasonable force and policy changes to prevent such incidents from happening again.

HILLIARD'S CASE AN EXAMPLE OF UNJUSTIFIED DEADLY FORCE

Hilliard has filed two federal lawsuits against the federal border patrol agency as a result of the wrongful shooting deaths of Mexican nationals, he currently represents 5 different families as a result of wrongful border shootings resulting in the deaths of innocent Mexican Nationals, including the family of Guillermo Arevalo Pedraza, an unarmed Mexican citizen who was fatally shot by U.S. Border Patrol agents as he stood on Mexican soil. This case is one of many involving excessive, even deadly, force used by agents in situations that did not warrant it. On September 3, 2012 Mr. Arevalo, a 37-year-old husband and father, was at a riverside park with his family on the Mexican side of the border. On the US side, US border agents in an airboat were attempting to apprehend a struggling swimmer. Arevalo and others in Mexico, fearing for the swimmer's life, shouted at the agents to stop. Agents fired seven shots from AR-15 semi-automatic rifles into the crowd. Arevalo was hit and fell to the ground in front of his young daughter. He died about an hour later.

AGENTS HAVE MURDERED 28 BORDER RESIDENTS SINCE 2010

Hilliard says the PERF report states two policy and practice areas need significant change:

First, officers/agents should be prohibited from shooting at vehicles unless the vehicle occupants are attempting to use deadly force—other than the vehicle—against the agent. Training and tactics should focus on avoiding positions that put agents in the path of a vehicle and getting out of the way of moving vehicles.
Second, officers/agents should be prohibited from using deadly force on people throwing objects not capable of causing serious physical injury or death to officers/agents. Officers/agents should be trained to specific situations and scenarios that involve subjects throwing such objects. And, the training should emphasize pre-deployment strategies, the use of cover and concealment, maintaining safe distances, equipping vehicles and boats with protective cages and/or screening, de-escalation strategies, and where reasonable, the use of less-lethal devices.
Reviews of shooting cases involving rock throwers revealed that in some cases agents put themselves in harm's way by remaining in close proximity to the rock throwers when moving out of range was a reasonable option. And, the review directs officers/agents to not shoot in response to rock throwing unless there is danger of death or serious physical injury.

Bob Hilliard says this is a result of months of publicly pressuring the U.S. Customs and Border Protection to release the PERF analysis:

"Though there is still much to do to protect innocent lives, this is an important first step in acknowledging that border patrol decisions regarding the value of human lives can never be based on nationality."
"Congratulations to all who have worked on the border shooting cases. We can be justly proud of the work we, and many others have done in forcing the release of this report and requiring these very substantial changes in the national border patrol policy. Let's hope that, as a result of this victory, our current docket of border killing cases will be the last."

ABOUT HMG http://www.hmglawfirm.com/

Hilliard Munoz Gonzales LLP (HMG) specializes in mass torts, personal injury, product liability, commercial and business litigation, and wrongful death. Hilliard Munoz Gonzales LLP has been successfully representing clients in the United States and Mexico since 1986. Bob Hilliard obtained the Largest Verdict in the country in 2012 and the #1 verdict in Texas in 2013.

*About Hilliard & Shadowen LLP*
Hilliard and Shadowen LLP specializes in complex cases involving economic and social justice. Our team of experienced attorneys handles class action and individual cases in a variety of practice areas.

http://www.hilliardshadowenlaw.com

Photo - http://photos.prnewswire.com/prnh/20140410/DA03259

SOURCE Hilliard Munoz Gonzales LLP