Jury Clears Marine In Texas Shooting Marines Say Corporal Shot, Killed Goat Herder In Self-Defense

A grand jury in rural Texas decided Thursday not to indict a Marine corporal for killing a young Texas man in a shooting the Pentagon called self-defense.

The May 20 shooting, near the Rio Grande River on the U.S-Mexico border, led to a suspension of military involvement in drug-interdiction efforts and prompted a Texas congressman to call for hearings into the incident.

The Presidio County grand jury ended its investigation Thursday night without indicting Cpl. Clemente Banuelos, 22, of Camp Pendleton, Calif. He fired the M-16 that killed Esequiel Hernandez, 18, near the border village of Redford.

“They ultimately concluded that Clemente Banuelos acted reasonably in defense of a third person,” District Attorney Albert Valadez said, referring to other members of the Marine’s patrol who were on duty near Redford.

In Washington, as the grand jury was meeting, Defense Department spokesman Kenneth Bacon defended the Marines.

“We think Corporal Banuelos was carrying out a lawful and authorized mission …” Bacon said. “He followed the rules of engagement clearly. And those rules of engagement allowed him to defend himself. He was under fire, he and his three other Marines were under fire, and acted appropriately in defense.”

The Marine patrol was part of a congressionally approved drug surveillance force working with the U.S. Border Patrol. The force was suspended pending a review of the shooting.

Banuelos said he acted in self-defense after Hernandez, who was watching over his herd of goats, fired a rifle toward the soldiers.

Hernandez’s family contends the young man, who sometimes used his rifle for target practice, may not have known he was firing in the direction of the Marines, who were in full camouflage.

Banuelos’ was “relieved” by the grand jury’s decision, his government-appointed lawyer, Jack Zimmermann, said.

The grand jury heard testimony from three Marines who were part of Banuelos’ patrol, as well as other witnesses. The proceedings were held behind closed doors.

Wearing his expert marksman’s medal, Lance Cpl. Roy Torrez, 19, told reporters after he testified: “I’m sorry for what happened. That’s all you can say.”

Protesters, who came from as far as Houston, San Antonio and Arizona, clutched banners on the courthouse lawn, demanding the military be held accountable.

“They were soldiers acting as soldiers. We understand this,” said Maria Jimenez, executive director of the Houston chapter of the American Friends Service Committee. “As in the case of the Nuremberg trials, no individual soldier is above the law and must be held accountable for his actions.”

Maria Loya, a member of the Border Rights Coalition in El Paso, said the Marines’ action flies in the face of democracy.

“We do have a bigger agenda,” Loya said. “We want to bring to light what has happened along the border.”