SASABE, AZ — A man accused of human smuggling was killed last month by U.S. Border Patrol agents.
The attorney for the man's family tells us they were left re-traumatized after not being warned the video of the encounter would be posted online.
"The issue isn't that this camera footage exists, it's simply that they would release such a violent, graphic video in a case where there's still a family that recently lost a loved one, and there's children," said Joy Bertrand, attorney for the Mejia family.
Bertrand looked at the video with ABC15 that shows a border patrol agent shooting and killing U.S. citizen Noe Mejia, who was suspected of human smuggling.
"We don't have sound. We don't hear what his instructions are to the driver; we don't know what the driver is saying to him," explained Bertrand.
The attorney did not deny the accusation but said the video only tells one side of the story.
"My opinion is this just seems like a rush to cover and get their story out," said Bertrand.
The incident happened on March 14 in Sasabe, Arizona.
U.S. Customs and Border Protection said they witnessed multiple suspected undocumented migrants load into a BMW. Agents followed the car before conducting a traffic stop.
Body camera footage shows what happens after that. An agent uses a collapsible baton to break the rear and front driver's side windows. The agent reaches into the car and grabs Mejia's arm as he goes in reverse.
CBP said Mejia continued to turn the steering wheel and was ultimately shot.
"I think that's been the question from the beginning here, is to why he went directly - not just to deadly force but at point-blank range - shooting someone in the neck. There's also questions about their rendering aid," said Bertrand.
CBP tells us this is the first time they have released body camera footage online, which is in line with an executive order on "Advancing Effective, Accountable Policing and Criminal Justice Practices."
The audio is not heard until two minutes after the video starts, which the agency says is because of buffering, although in most cases that is typically 30 seconds.
"We'll start with justice and accountability and making sure these kids have their future protected," said Bertrand.
The incident is being investigated by CBP's Office of Professional Responsibility and an external criminal investigation is also being conducted.
In the meantime, the agent involved in the 'use of force' is on administrative leave which is standard practice.
