While Anastasio Hernandez-Rojas was trying to illegally enter the United States, West of the San Ysidro port of entry in San Diego, he had an altercation with more than twelve federal agents to which he was tasered five times, hit with batons, and kicked numerous times. Federal agents never ceased beating Hernandez-Rojas although he apparently was handcuffed and face down. As a result of the beating Hernandez-Rojas suffered a heart attack and was taken immediately to the nearest hospital. Two days after Hernandez-Rojas died. According to a San Diego medical examiner the manner of death of Hernandez-Rojas was homicide. Moreover, the autopsy showed that the cause of death was due to a heart attack and noted other factors that had contributed to Hernandez-Rojas death such as taser discharges, heart disease, restrains, physical exertion and methamphetamine intoxication. After Hernandez-Rojas death family members decided to file a civil suit against the federal agents, claiming that Hernandez-Rojas human rights had been violated. To make matters worse, the Departments of Justice, after a thorough investigation, with different agencies such as the FBI, forensics, Civil Rights Division, San Diego Police Department Homicide Investigators, witnesses and interviewers the Department of Justice did …show more content…
For example, taser guns are only to be used when an individual is resisting arrest or when he is trying to flee the scene, however, that was not the case of Hernandez-Rojas. The night of May 28, 2010 Hernandez-Rojas was tasered five times which was unnecessary if Hernandez-Rojas was already handcuffed and not showing any type of resistance. Another factor was that the federal agents got rid of evidence that was being caught on camera by local bystanders. Also, the witnesses claim that there were more than twenty federal agents surrounding Hernandez-Rojas. Twenty if a fairly large number of agents for just one individual. No weapon was found in Anastasio’s belonging or something to which the federal agents could prove that they were using force to protect themselves, their partners, or the public. Anastasio’s case is not the first one and it will not be the last one if new laws that protect individuals, like Anastasio, are not created. According to the autopsy Anastasio showed a slight methamphetamine dose flowing through his system, however, the small dose of methamphetamine was not the primary cause of Anastasio’s