Federal court records show that a U.S. Border Patrol agent at the center of a civil lawsuit against the federal government was already suspected of corruption before he allegedly shot an illegal immigrant in 2010.
The Shooting
A law enforcement report identifies Abel Canales as the agent involved in the shooting near Nogales in November 2010. The story was first reported on by the Nogales International newspaper.
The victim, Jesus Castro Romo, was shot in the stomach and is now suing the U.S. According to the lawsuit, on Nov. 16, 2010, Romo was crossing the border illegally when he and his group noticed mounted Border Patrol agents below. The suit alleges they decided to turn back to Mexico and that's when the agents chased them down. Castro Romo says he surrendered.
An agent, not identified in court records, allegedly began hitting Castro Romo on the head with his lasso. That's when Castro Romo ran away. The agent chased him, he said and he fell to the ground. He says he heard a single gunshot and felt a warm feeling on his back. The agent yelled, "Oh f----, oh f----" and left the scene, the lawsuit states.
The law enforcement report raises certain questions. It's not known if Castro Romo was the smuggler of the group. One of the Mexican women accompanying Castro Romo changed her story about who the smuggler of the group was. A second woman said she was not going to pay to cross illegally because she was traveling with Castro Romo. Both women denied he was their smuggler.
After he was shot, a second agent at the scene gave him first aid, trying to keep him from closing his eyes.
The Corruption Case
Agent Canales was already suspected of corruption before the shooting happened. In October 2008, investigators say Canales spoke on the phone with a second suspect in that case, identified only as a co-conspirator. They allegedly made about 15 phone calls to each other, coordinating the passage of a vehicle holding drugs or illegal migrants.
Three days later, the co-conspirator led a U-Haul truck up to the Border Patrol checkpoint on Interstate 19. Canales, investigators say, instructed another agent to question the co-conspirator and he himself questioned the driver of the U-Haul. He allegedly asked the driver if he was a U.S. citizen and the driver responded, "buenos dias."
Then Canales allegedly waved the U-Haul through. That same afternoon, the co-conspirator was given a manila envelope containing $8,000. Two hours later, investigators watched as Canales met with the co-conspirator in a Wal-Mart parking lot, climbed out of his truck in uniform and was handed a manila envelope.
The load vehicles were actually part of a law enforcement sting operation.
The Current Case
When the shooting first happened, the Border Patrol and the FBI declined to release details, saying only that they were investigating the case as an assault on a federal officer. However, court records show that Castro Romo was never charged with assault. In December 2010, he was charged with illegal re-entry. On Jan. 28, 2011, Castro Romo pled guilty to illegal re-entry. He was deported back to Mexico in March 2011.
Castro Romo's lawyer in the lawsuit against the federal government is William Risner. Risner did not know Canales was the agent involved until the Nogales International broke the story.
“Wow, if they knew this and they permitted this guy to be out there with a gun, what was going on?" Risner said.
Canales was not indicted on corruption charges until October 2011, nearly a year after the shooting. According to a Customs and Border protection spokesman, patrol agents can keep working until they are indicted in court. The agency released this statement after inquiries from the Fronteras Desk:
"As the case is under investigation, it would be inappropriate at this time to provide further information on this case. CBP leadership has placed great emphasis on integrity, and does not tolerate actions that would tarnish the reputation of our agency. CBP fully cooperates with any investigations of alleged unlawful conduct on or off duty, by any of its employees. If a CBP employee is charged with a felony, CBP places the employee on indefinite suspension based on the indictment. An indefinite suspension is a non-paid suspension from duty. The employee will remain in this status until the criminal proceedings are completed."
Canales is currently on indefinite, unpaid suspension. In December 2011, a federal judge ordered that Canales must not possess a firearm.
