The death of Mexican citizen Anastasio Hernández Rojas was allegedly caused by a heart attack due to physical exertion during an altercation with multiple agents of the
United States Border Patrol
The United States Border Patrol (USBP) is a Federal law enforcement in the United States, federal law enforcement agency under the United States' U.S. Customs and Border Protection, Customs and Border Protection and is responsible for securing ...
and methamphetamine poisoning
[ ] and occurred in May 2010. The controversial death of Hernández-Rojas occurred after a US border deportation dispute involving Federal agent use of taser(s) and alleged excessive force has caused a demand by the
Mexican government
The Federal government of Mexico (alternately known as the Government of the Republic or ' or ') is the national government of the United Mexican States, the central government established by its constitution to share sovereignty over the republi ...
for a through investigation. A national newspaper in Mexico, ''
El Universal'', claimed that up to 20 US federal border agents were beating Mr. Hernández-Rojas in the presence of various witnesses while he pleaded for mercy.
According to a report by the
American Civil Liberties Union
The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". T ...
(ACLU), the
San Diego
San Diego ( , ; ) is a city on the Pacific Ocean coast of Southern California located immediately adjacent to the Mexico–United States border. With a 2020 population of 1,386,932, it is the List of United States cities by population, eigh ...
coroner's office recorded in addition to a heart attack: “several loose teeth; bruising to his chest, stomach, hips, knees, back, lips, head, and eyelids; five broken ribs; and a damaged spine”, and classified Anastasio's death as a homicide.
A U.S. Justice Department announcement on November 6, 2015, of decision to clear the federal agents involved in the death sparked a protest demonstration involving several hundred people.
Anastacio Hernández came to the United States when he was 15, lived there until he was 42 years old as an undocumented immigrant. He had five children with his common-law wife, María Puga. He was deported to Mexico following an arrest in May 2010 by the San Diego Police, for attempting to "shoplift steak and tequila from a grocery store." During a failed attempt to reunite with his family in
San Diego
San Diego ( , ; ) is a city on the Pacific Ocean coast of Southern California located immediately adjacent to the Mexico–United States border. With a 2020 population of 1,386,932, it is the List of United States cities by population, eigh ...
later in the same year, Hernández was caught by border agents at the
San Ysidro Port of Entry
__NOTOC__
The San Ysidro Port of Entry (aka San Ysidro Land Port of Entry or San Ysidro LPOE) is the largest land border crossing between San Diego and Tijuana, and the fourth- busiest land border crossing in the world (second-busiest if one exclu ...
. According to an investigation by the U.S. Justice Department, during the apprehension, Hernández-Rojas began grappling with the two U.S. Border Patrol agents who apprehended him once they removed his handcuffs; Hernández-Rojas then resisted their attempts to restrain him. Two Immigrants and Customs Enforcement Agents, as well as another U.S. Border Patrol Agent joined the resultant struggle and struck Hernández-Rojas several times with their batons. Once re-secured in handcuffs, Hernández-Rojas continued to struggle and kick at the arresting agents. Once a transport vehicle arrived to take Hernández-Rojas back to the station, since he was then under arrest, being no longer eligible for voluntary re-entry to the United States due to his resistance towards apprehending agents, Hernández-Rojas again physically resisted the agents and kicked at them as they attempted to place him into the transport vehicle; more Customs and Border Protection officers responded to the scene, one of whom shocked Hernández-Rojas with a taser. During transport, Hernández-Rojas' breathing slowed and he became unresponsive. The officers administered CPR until medical personnel arrived at the scene. Hernandez-Rojas was pronounced dead two days later after being removed from life support.
Witnesses filmed agents who handcuffed Hernández, broke five of his ribs, and damaged his spine. One of the bystanders, Ashley Young, hid the video card in her pocket when the border police approached the crowd demanding the recordings. Seven years after the incident, the agents had not been disciplined or fired. In February 2017, the United States settled a million-dollar lawsuit with Puga and her children, who were represented by attorney Eugene Iredale.
In 2013
Nonny de la Peña
Nonny de la Peña is an American journalist, documentary filmmaker, and entrepreneur.
She is the founder and CEO of Emblematic Group, a digital media company focused on immersive virtual, mixed and augmented reality. De la Peña is widely credite ...
, a pioneer in
virtual reality
Virtual reality (VR) is a simulated experience that employs pose tracking and 3D near-eye displays to give the user an immersive feel of a virtual world. Applications of virtual reality include entertainment (particularly video games), educ ...
, whose work is described as
immersive journalism
Immersive Journalism is a form of journalism production that allows first person experience of the events or situations described in news reports and documentary film. Using 3D gaming and immersive technologies that create a sense of "being there ...
, created a five-minute-long VR called ''Use of Force'', in which she recreated Hernández's death. In the VR project, which was funded by
Tribeca Film Institute
The Tribeca Film Institute (TFI) is a year-round non-profit arts organization founded by Robert De Niro, Jane Rosenthal, and Craig Hatkoff, based in New York.
The Tribeca Film Institute was created in 2003 in the wake of September 11, 2001. TFI ta ...
,
Google
Google LLC () is an American multinational technology company focusing on search engine technology, online advertising, cloud computing, computer software, quantum computing, e-commerce, artificial intelligence, and consumer electronics. ...
, and the
Associated Press
The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. newspa ...
, viewers witness the event from the viewpoint of bystanders, many of whom had captured the beating on video.
References
{{DEFAULTSORT:Death of Anastasio Hernandez-Rojas
2010 in the United States
May 2010 events in the United States
United States Border Patrol
Migrant deaths
Hernández-Rojas, Anastasio