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Subscribe to RSSMcALLEN, Texas -- The sister of a federal agent wounded in an attack in Mexico said Wednesday she hoped the lawsuit filed by her brother and the family of an agent who was killed will force the government to answer their questions.
U.S. Immigration and Customs Enforcement agents Jaime Zapata and Victor Avila were attacked on Feb. 15, 2011, in their armored sport-utility vehicle near San Luis Potosi, Mexico, shortly after picking up some equipment from another agent. Zapata died and Avila was seriously wounded.
The lawsuit filed Tuesday in federal court in Brownsville names nearly two-dozen defendants, among them the agents' supervisors, the company that armored their vehicle and gun shops that allegedly sold two of the weapons used in the attack. It claims Zapata and Avila never should have been sent on the dangerous mission, their armored SUV was flawed and at least two of the guns used in the attack were bought in the United States and eventually smuggled to Mexico.
"The complaint really is seeking accountability for those people to come forward and not let this happen again," said Magdalena Villalobos, Avila's sister. She said that with the two-year anniversary of the attack fast approaching, the government had failed to answer many of the families' questions.
Zapata and Avila had driven from Mexico City to San Luis Potosi to pick up equipment from another agent from the Monterrey office. Shortly after beginning their return trip, the pair was ambushed by armed men. Zapata parked the vehicle, but when he did so the automatic door locks unlocked. Gunmen pried open the door and in their struggle to close it, the agents partially lowered the window which allowed their attackers to fire inside.
BAE Systems, a U.S. subsidiary of the U.K.-based global defense contractor that outfitted the armored Suburban, is named in the lawsuit. The case alleges negligence in not deactivating the feature that automatically unlocks the doors. A company spokesman said he could not immediately comment, but the company has previously said the government was aware that the automatic unlocking feature had to be disengaged.
The lawsuit names four of the agents' supervisors and alleges negligence for putting the agents in harm's way.
The highway Zapata and Avila traveled on "was known to be patrolled and controlled by a dangerous criminal organization," the lawsuit said. Less than a month before, the U.S. government had sent a notice to all U.S. embassy employees that there was a travel restriction in place and they should not travel in the prohibited areas.
"Despite opposition by Avila and despite having full knowledge of the dangers present with the package pick-up, Mexico supervisors instructed Avila and Zapata to proceed with the directive," according to the lawsuit.
A diplomatic courier service offered a secure option to move the equipment rather than sending two unescorted agents to get it, the lawsuit says.
Barbara Gonzalez, an ICE spokeswoman, said the agency doesn't comment on pending litigation as a matter of policy.
"The U.S. Immigration and Customs Enforcement family continues to mourn the loss of Special Agent Zapata," Gonzalez said. "We honor his sacrifice and those of his brothers and sisters in the law enforcement community who have perished in the line of duty."
Julian Zapata Espinoza, one of those allegedly involved in the attack, is awaiting trial on murder and attempted murder charges in federal court in the District of Columbia. Mexican authorities say Zapata Espinoza is a Zetas cartel member who say mistook the agents' in the Suburban for rivals.
The lawsuit says some of the weapons used in the attack made it to Mexico even after federal investigators had opened an investigation against some of those involved in illegal weapons purchases. Several people from the Bureau of Alcohol, Tobacco, Firearms and Explosives also are named.
Three weapons believed used in the attack have been recovered, though information has only been released on two of them, according to federal court documents.
One was a 7.62 mm AK-47 style Draco handgun that federal authorities traced to a straw purchase by Otilio Osorio from a Texas gun shop. Osorio and his brother were sentenced to prison on weapons charges. Another was an AK-47-style semi-automatic assault rifle bought from JJ's Pawn Shop in Beaumont in another straw purchase and passed into Mexico by Manuel Barba, who has also been sentenced to prison.
But Jim Hedrick, owner of JJ's Pawn Shop, said Wednesday that his store made a legal sale and the gun was later resold.
"All of our paperwork was checked and all of it was legal," Hedrick said. He had not seen the lawsuit.
Osorio, Barba and the pawn shop are among those named as defendants in the lawsuit.
In a procedural notice to the government filed last year, the agents' lawyers sought $25 million for Zapata's family and $12.5 million for Avila. No figures were included in the lawsuit filed Tuesday.
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Good luck seeking justice American agents. You're dealing with a corrupt kleptocracy where the very Mexican government officials from whom you are seeking to render justice are part of a lawless regime!
The D.O.J. , the United Kingdom and Brownsville Texas are part of mexico? Or are you commenting about mexico in General? Wonder what was the equiptment.
The 7.62 AK style Draco handgun can really only be called a handgun on paper...that thing is just an AK with no stock and a short barrel.
Corrupcion involven in mexican and american goverments, the agents victims just a peones in this game...
This has nothing to do with justice, they are just gold diggers looking for a big payoff. The lawsuit should be thrown out!!!
Dude what is your problem..................
Putt,at least Kevin knows what truth he is talking about ,unlike you who thinks EVEYBODY exists in the same small sphere as you.
couch potato
king: That "YOU HAVE NOTHING" is undeniably compelling. No doubt Jack is convinced.
We need to slam our borders shut tight. Get rid of all the Mexican drug cartels and all of the Mexican gangs and the horrific crime they both ensue on this Country. We need to bring ALL our soldiers home and have them protect OUR borders and stop the flow of humans and their drugs into this Country!!!!!
Undoubtedly shot with weapons sold by Holders fast and furious op.
try reading the article THEY WERE BOUGHT IN BROWNSVILLE AND BEAUMONT , one at a gun store and one at a pawn shop
You have no room to talk "QUEEN PUSS"
They were F&F weapons,look it up.
But, since guns don't kill people, people kill people, then Holder has no culpability here. You can't have it both ways.
If guns in Mexico cause violence then guns in the US do as well.
it's: Don't let the facts impede your assertions. The utterly unthinkable has happened - the legal election of a non-Aryan President has now occurred - twice. Get a grip, or get out. And Google "patriot" on your way out.
This gun wasn't used in Fast and Furious, as this was purchased in Texas, and not Phoenix, where Fast and Furious was at. However, in investigating this, it was found that the gun and purchaser were known to the ATF, but they did nothing.
http://en.wikipedia.org/wiki/ATF_gunwalking_scandal#Fate_of_walked_guns
Its a different field office of the same government agency,the ATF,doing the same thing as the other one,selling to a known straw buyer for the cartels,and losing the weapons.
Yeah,right,its a coincidence....nope,nope,not fast and furious...coincidence.
You could call it Slow and Serious,but its still the same dam thing.
john:
I don't believe for an instant that "Fast and Furious" was initiated with bad intentions. Tracking weapons from the source to their ultimate end-user - the drug cartels in Mexico - might have been a good idea on paper. I don't claim to know one way or the other.
From what I now understand, the program was a net failure with tragic results - as have been any number of policies we've exercised with good intent. Once again, like everyone, my hindsight is 20/20.
SDN
We disagree on this,I strongly believe it was on purpose.
When I add the media barrage of Mexican violence in that time frame,plus the visit to Congress by Calderon,saying US laws were causing the gun violence and calling for an Assault Weapon ban,and this operation leaking guns to the Mexican criminals...to me its a plan.
If those ATF whistle blowers had not come forward,would the ATF and Justice dept have told the American people of this operation,or used those guns to agitate for more gun control?
You know the answer to that.
Absolutely... this has Fast & Furious written all over it. Holder needs to be arrested & imprisoned for sanctioning of illegal arms dealing, and Obama (at the very least) needs to be impeached for supporting & covering Holder's ass.
I'll arrange a meeting for you with the Department of Justice. You can present your evidence. See #8.6 above.
Maybe the President of"the most transparent and ethical administration in history"can cover up these murders with a little bit of that Executive Privilege magic wand of his.
Transparent,my a$$.
The doors of the vehicle unlocked automatically. It should have been very easy for one of the agents to push a button and re-lock them. Who rolled down the window? For what purpose? Sounds like this lawsuit is more about "human error" on the part of the agents and an illegal gun sale between two persons than "government failures".
HATERS try reading the article before you comment
That job comes with high risk. It's like going into combat. The lawsuit has no merit.
stay the hell out of mexico and stop the turds from coming here.
It really is sad when a government that is supposed to work for the people, of the People by the People and for the People, has to be sued by the people, to be answerable to the people.
Whats next? Where going to have to start suing the Government to enforce laws?
Oh Wait;
http://latino.foxnews.com/latino/politics/2013/01/29/judge-immigration-agents-suing-obama-can-move-forward/
This has already come to fruition, David. Remember that the Obama administration has already sued the state of Arizona for following FEDERAL LAWS in regards to illegal immigration.
Fox News LATINO???
nobama and his mate mooo chelle will save us
From what?
I have a question too: What are American law enforcement officers doing enforcing the law in Mexico? They have no more authority there and Mexican law enforcement officers have in the United States. The United States government should keep its nose out of other countries.
This is the second wrongful death lawsuit filed in connection with Fast and Furious gun walking operation.
Although(F&F) not mentioned by name in this story,just google their names and Fast and Furious,other news sites tie them together.
We need background checks and weapon bans,while the government loses 2,000 assault weapons to the cartels.Funny way to fight crime,eh?
Well i'm not really surprised. Border guards have been shooting at Mexicans for years. Right across the border into Mexico in some cases. They killed a 16 year old not long ago. So it was only a matter of time until someone started shooting back.
I would do the same in their place, and so would you. Anyone who say they wouldn't, is lying. Thankfully I wasnt born into terrible poverty, and forced to live in a corrupt place like they are. So resorting to such things was never necessary.
more:
If a person were to read US history, we've been doing this from day one. Any pretense of purity has long since passed any reality checks.
How many countries have we invaded, occupied, overthrown governments - some elected - in the past couple hundred years? Which is the only country to use nuclear weapons on civilian (or any other) populations? What happened to the Native American population? How did we manage to 'annex' 30% of the territory of a neighboring sovereign nation (Mexico)?
Until we come to grips with who we (really) are, and deal with those realities, we'll continue to believe in our misplaced, self-bestowed sainthood.
Make no mistake, I love this country despite it's flaws, but I'm not self-deluded enough to create my own history to deny reality.
Isn't acknowledging a problem the first step in correcting it?
Mister,leaking guns,by the thousands to criminals...then beating a drum for responsible gun ownership to your citizens,are not the actions of good government.
john: Were you addressing me? If so, you neither managed to answer any of my questions, nor suggest any solutions. I, for one, think 'beating a drum for responsible gun ownership' is an excellent idea.
What use is acknowledging a problem,when the facts of what caused that problem are covered up by a presidential order?
Would you consider that good government?
The goverment broke it's own weapon trafficing laws,lost thousands of weapons to criminals,has no program to recover them
Then agitates for legal gun owners to accept more gun laws is a farce....that's OK with you?
To answer your questions....
our government is like most others....it lies and steals stuff from other people,here and abroad.Thats how government power is accumulated,not through bake sales.
john:
"What use is acknowledging a problem,when the facts of what caused that problem are covered up by a presidential order?" "Would you consider that good government?"
I don't give up that easily. The government must be accountable in all circumstances. I consider that to be the definition of "good government".
"The goverment broke it's own weapon trafficing laws,lost thousands of weapons to criminals,has no program to recover them."
I don't know for a fact that any of those assertions are true. Nor do you. Full government accountability will be the only way to determine the truth of the matter.
"Then agitates for legal gun owners to accept more gun laws is a farce....that's OK with you?"
I stated what's "OK with me". "..beating a drum for responsible gun ownership' is an excellent idea." Paraphrasing my statement to assuage your anger is your problem, not mine.
"our government is like most others....it lies and steals stuff from other people,here and abroad.Thats how government power is accumulated,not through bake sales."
That's OK with you? I don't think those are the best courses of action for any government. I'm curious about the reference to 'bake sales'. War, an alternative, has killed billions of people throughout history. Personally, I consider war to be the ultimate failure of the human race. "Bake sales" would be an infinitely more desirable course of action.
There will not be full accountability if special executive privileges are used as cover,I dont play the Dem Repub game either,both sides do the same thing....but they dont all come into office touting their transparency.
No,government lying and stealing is not OK with me,but you read history,and nothing has changed for thousands of years.
War is not the failure of the human race,it is the failure of diplomatic relations between governments....usually one feels its strong enough to beat the other and get a leg up on stealing from some other country.Its usually opposed by the people who have to fight it(members of the human race).
I too am opposed to war,but its a great profit generator for the people who dont have to fight it.
john:
Then, thankfully, we do have common ground. You say history is rife with governmental lying and stealing - agreed, absolutely. I think we, as a species, and as citizens of nations, should to aspire to something more altruistic. I've found in my travels very, very few people that don't consider honesty, consideration, generosity and peace to be less than critically important to their quality of life.
I do consider war to be the failure of the human race. Old grey hawks can rattle their swords till the cows come home, but if the citizens refuse to go participate in an utterly unjustifiable war, there won't be a war. In this nation, the citizens run the government - we still get to vote in/out our representation.
Some of us think we can, and preferably should, overthrow the government by violent means - ridiculous chest pounding by self-deluded young men. We can overthrow the government at the polls - and we should exercise this right at every opportunity.
My graphic response to you last observation - F#@k the "Dogs of War". Why don't they get into the business of productive manufacturing, rather than their destructive fixation. I don't know how they live with themselves knowing their products will be used to kill their fellow human beings by the hundreds of thousands. Why not farming machinery, transportation, schools and hospitals?
I dont think we should"overthrow" the government by violent means,but I do think that the law abiding citizens should retain the rights and means(weapons) to protect themselves from all threats,even a tyrannical government.
As far as overthrowing a government at the polls,it might be a little tougher if they legalize 12 million+ illegal aliens,who just came here for the gold paved streets,know nothing of our history,cant speak english,and depend on a certain political party for their welfare.
WE will then have true DEMOCRACY....three wolves and one sheep voting on" what's for dinner"?
We agree on the war thing.
Rather than sue whomever, answer this question first: What were they doing in Mexico? US agents, of whatever agency, or department, have no juristiction there. So, don't expect any special privileges!
It's Mexico- land of corruption and freeloaders who jump the fence into America. Pay someone enough 'mucho dinero'and you might find the answers you're looking for!
These famlies need to send their questions to 1600 Pennsylvania Avenue, Washington D.C., the incompetent must be held accountable. Something that hasn't happened in OVER 30 years. The internationalists are tearing the heart and backbone out of this country. Or have already torn.......
Are you kidding me???? They died doing their JOBS!
In days gone by we would have had troops massed at the border and the president would have been demanding answers within hours of their deaths. No more. O'Bummer is too busy courting the illegals to pay attention to the lives of a couple of border agents. He tells the illegals it is acceptable to disregard our laws, so why should he be concerned about the murder of these agents.
The violent drug dealers only exist because of drug addicts.
All this violence is the fault of drug addicts.
Get rid of the drug addicts and the problem is solved.
Who in the military can sue due to inadequate equipment and faulty/shoddy protective gear? Certainly not OUR gov't, or the profit-mongering a$$holes who made and 'sold' the equipment to use in combat to OUR OWN TROOPS. Ask Cheney, as he sits on his pile of money in a throneroom somewhere.
Sad part is, this administration doesn't care one bit about the families of agents or the agent. The PUNK MUSLIM, you elected president doesn't give a rat's ass about us or them. He is EVIL. WE have to support these families and go after the government for answers. First of all, Dump the PUNK president. IMPEACH the BASTARD. Yes, that's right, he is a BASTARD amongst other things. You talk about Hitler. This little PUNK is WORSE than Hitler EVER thought of being. Osama Insane Obama should be IMPEACHED, NOW. If those who voted for the PRI-K try to STOP it, JAIL them too. WE can do it. WHY, because they are pussies. LARRY VELASCO