The mom of a migrant who was killed in a high-speed Otay Mesa automobile crash sued the federal authorities Thursday.
She alleges {that a} U.S. Border Patrol agent pursued the automobile Jesus Atenco Perez was driving in, inflicting undue danger to him and different folks on the roadway.
Atenco was one in all two passengers killed when a automobile pushed by Chula Vista resident Sergio Josue Palomera crashed at excessive velocity on state Route 905 on Oct. 22, 2024.
Federal prosecutors, who charged the driving force in reference to the passengers’ deaths, mentioned he was smuggling Perez, an undocumented immigrant, and a girl on the time.
A pursuit ensued after a Border Patrol agent tried to drag thee automobile over. It crashed within the westbound lanes of state Route 905.
The lady was ejected from the automobile and died on the scene, whereas Atenco, 23, died later at a hospital. The driving force pleaded guilty to transportation of sure aliens leading to dying and was sentenced this month to just about six years in federal jail.
The wrongful dying lawsuit filed by Perez’s mom states {that a} U.S. Border Patrol agent recognized solely as “D. Boone” initiated a “reckless pursuit” of the automobile, which “contributed to the deadly collision.”
The criticism states the agent intently adopted Palomera’s automobile at excessive speeds, “which additional escalated the suspect’s erratic driving habits” and that the chase “was carried out with reckless disregard for the security of Jesus Atenco Perez, an unwilling backseat passenger who had no management over the driving force’s actions.”
In keeping with the lawsuit, the agent began pursuing the automobile on account of “a mismatched license plate … which didn’t contain a right away menace to public security or nationwide safety.”
Prosecutors alleged in sentencing paperwork from the felony case {that a} automobile matching the one with Atenco in it had been noticed earlier that day on the Otay Mesa Port of Entry close to a spot the place folks had been scaling the border fence. Although its driver couldn’t be recognized on the time, the automobile was in a position to elude a Border Patrol agent who tried to cease it from leaving, nevertheless it crashed into the agent’s automobile within the course of.
Simply earlier than the chase later that afternoon, the pursuing agent noticed the automobile and seen harm on the passenger aspect, which to him “indicated that it was doubtless the identical automobile that had eluded Border Patrol earlier that day.”
Prosecutors mentioned the agent terminated the pursuit after dropping sight of the automobile, however Thursday’s lawsuit mentioned the pursuit ought to have been known as off after he witnessed the driving force rushing and driving erratically. Prosecutors alleged knowledge pulled from thee airbag sensor confirmed th automobile reached speeds of over 110 mph.
The lawsuit states that CBP coverage mandates pursuits be initiated “solely when the necessity for quick apprehension outweighs the dangers to public security,” reminiscent of when it entails a violent felony. The criticism additionally says CBP insurance policies require pursuing brokers “to take care of a secure distance to keep away from pressuring the suspect into more and more harmful maneuvers.”
The lawsuit additionally faults CBP for failing to implement stricter protocols and coaching, as a result of it alleges the company was conscious of at the very least three prior pursuits on state Route 905 that 12 months that resulted in “collisions or near-misses.”
