Agent's Lawyer Says Gutshot Victim had Threatened Agent

November 19, 2010

The lawyer for a federal agent who shot a Mexican national last Tuesday says the victim had threatened him with a rock.

KJZZ's Michel Marizco reports.

Neither the Border Patrol nor the FBI  will identify the agent, however his lawyer says he shot the man in the stomach after the man brandished a rock at him.

Witnesses told sheriff's detectives the agent shot the man while he was down on the ground.

Jim Calle, the agent's lawyer, denies that.

"The agent is telling him,  'don't even think about it, don't do it, drop the rock.' And the alien does not do that. Reaches for another rock and starts coming up at the agent at which point the agent fired one round at him," Calle said.

Calle says the agent has not been charged with a crime. The victim is identified as Jesus Enriquez Castro, a 30-year-old man from Nogales, Sonora.

Enriquez's lawyer also says his client had fallen to the ground before he was shot.