SAN DIEGO (KGTV) — A new report by a human rights commission has found the U.S. and local border agents were responsible for the death of a man at the San Ysidro Port of Entry back in 2010.
ABC 10 News has covered the story of Anastasio Hernandez Rojas for the last 15 years.
On Thursday, Alliance San Diego hosted a virtual press conference about the report and its findings.
In the 43-page report, the Inter-American Commission on Human Rights found that the U.S. was responsible in the death Anastasio Hernandez-Rojas.
Rojas died in 2010 at the San Ysidro Port of Entry, he was beaten and tased while in Border Patrol custody. The incident was caught on camera.
Thursday, Rojas' widow reacted to the report, saying she was happy and satisfied with its findings, asking the government to clear her husband's name. She says after watching the video of her husband's incident back in 2010, she made a promise to him to fight for justice in his name.
The new report found agents tortured Anastasio, used excessive force, and conducted an incomplete and biased investigation. The commission demands the criminal investigation be reopened.
Rojas' family eventually settled with the government for a million dollars, and none of the agents were ever charged. The DOJ closed the case in 2015.
Customs and Border Protection sent ABC 10News the following statement about the case and the new report:
“The events surrounding Mr. Hernández Rojas’s death were reviewed by seven separate investigative bodies — local and federal — including a comprehensive inquiry by the Department of Justice. Each concluded there was no evidence of criminal misconduct. CBP followed all applicable policies and procedures in place during that time, and DOJ publicly outlined its findings and its decision not to pursue charges. Reopening a case so thoroughly examined, without new evidence, is not about justice — it’s about pushing a narrative that has already been discredited. The facts remain unchanged.”
The report comes as the former chief of the San Diego Border Patrol, Rodney Scott, is being considered for CBP commissioner. He was the chief in San Diego at the time. Wednesday, during his Senate confirmation hearing, Rodney Scott insisted he did not interfere with the investigation.
ABC 10News also reached out to the Department of Justice about the new report but so far hasn't heard back.
Alliance San Diego says they're still analyzing their next steps to try and get the case reopened.
