Monday, October 16, 2023

NOT FRIENDLY FIRE
No Charges for Border Patrol Agents in Arizona Tribe Member’s Shooting Death

The Tohono O'odham Nation called the decision a 'travesty of justice'

Published 10/16/23 
Screengrab from Border Patrol video report detailing events that led to the fatal shooting Raymond Mattia, a Tohono O’odham tribal member.US Customs Border Patrol

Federal prosecutors have decided not to charge U.S. Border Patrol agents in the May 18 shooting death of Tohono O'odham Nation member Raymond Mattia, 58, just outside his Arizona home.

The U.S. Attorney's Office first relayed its decision to The Intercept, stating it had met with Mattia's family and their attorneys on Sept. 19 to explain the reasons for not pursuing prosecution.

Officials from the U.S. Attorney's Office didn't provide details about their investigation into the shooting, including the number of shots fired, the agents involved, or their justification for using deadly force.

"The U.S. Attorney’s Office acknowledged that the Border Patrol agents made statements to the FBI, but they refused to reveal the details of those statements. And they further refused to answer the family’s questions stating that the meeting was not the appropriate time," according to Ryan Stitt, a San Diego-based attorney representing the Mattia family.

In a brief statement to KVOA News, the Department of Justice said the agents' actions didn't warrant criminal charges or indicate a violation of Arizona law.

The Pima County Medical Examiner's Office autopsy report showed Mattia was hit by at least nine bullets. Local media outlets indicated three border patrol agents fired a total of 38 shots.

Body-camera footage, made public in June, showed agents at the scene expressed concern Mattia might have a firearm, but no weapon was found. USA TODAY reported that 10 Border Patrol agents and one police officer were present during the shooting.

“The facts speak for themselves, and they do not support the U.S. Attorney’s decision – Mr. Mattia was an unarmed man in his own front yard,” the Tohono O’odham Nation said in a statement Friday, responding to the announcement.

“Multiple agents made the decision to fire dozens of shots at short range at this unarmed man, hitting Raymond Mattia multiple times, and ultimately killing him. All of this was captured on agents’ video cameras and is not in question.”

The Tohono O'odham Nation called the decision a "travesty of justice." The Associated Press reported that the tribe might seek Congressional inquiries into Mattia's death.

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