Lawsuit: Border Patrol should not have hired agent who killed woman

Woman's little girl speaks publicly for first time

SAN DIEGO - A San Diego family filed a new lawsuit against the Border Patrol and one of its agents.

The family of a late wife and mother told Team 10 the agent had no business having a badge or a gun.  

"She was here one day and now she's gone the next day," said Analya, an 11-year-old who lost her mother in September 2012 in a Chula Vista shooting

Agent Justin Tackett shot and killed Munique Tachiquin Alvarado. The shooting is under joint investigation by the Border Patrol and the Chula Vista Police Department.

Alvarado's husband and family are not convinced the investigation will be unbiased.

When asked what the goal of the lawsuit was, Alvarado's husband Gilbert answered, "Just justice. That's it. Just justice."

The lawsuit says Agent Justin Tackett used excessive force when he shot and killed Alvarado.

The suit claims the Border Patrol failed to properly screen Tackett before he was hired.

Before he was a federal agent, Tackett worked as an Imperial County Sheriff's Deputy.

A Team 10 investigation found Tackett was about to be fired for alledgedly lying to superiors, mistreating detainees and conducting unauthorized raids. Instead, Tackett quit.

Former Congressman Duncan Hunter has previously told Team 10 he gave Tackett a job recommendation to the federal government.

The Border Patrol has always claimed Tackett killed Alverado in self defense.

At the time of the shooting, Agent Rodney Scott told reporters, "The suspect was armed with a vehicle and literally run our agent down."

Alverado was in an apartment searched by agents the day she died, but she was not the target of the search.

She left, and several witnesses told Team 10 Tackett jumped onto the hood of her car as she backed away.

Pictures taken at the scene moments after the fatal shooting show Tackett dressed in plain clothes. The pictures do not show anything identifying him as a Border Patrol agent.

An autopsy found Alvarado had trace amounts of methamphetamine in her system.

The autopsy also showed nine bullets killed her.

This is the first time her daughter Analya has talked publicly about her mother's death.

She told Team 10 what it may be like to face agent Tackett in court.

"It's going to kind of be hard because I'm going to be in the same room as the guy that killed my mom," Analya said. "I'm going to try and just put on a smile and be alright."

The Border Patrol would not comment for this story, citing pending litigation.

Under the Department of Homeland Security, the Border Patrol has not commented on any of Team 10's investigations, which have been ongoing since the September shooting.
 
Sources inside the Border Patrol told Team 10 the agency lowered training and admission standards as it nearly doubled in size.

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