Source: Houston Chronicle (TX)
Contact:  http://www.chron.com/
Pubdate: Thu, 10 Sep 1998
Author: Thaddeus Herrick

MARINES MISPLACED ON BORDER, STUDY SAYS

Teen slain by team trained for warfare

SAN ANTONIO -- In a scathing internal report, the military says the Marines
who shot and killed a high school sophomore while on an anti-drug patrol in
the West Texas borderlands last year were poorly prepared for their mission.

The camouflaged Marines allowed a standoff with a goatherd to end in a
deadly shootout, the report says, instead of waiting for civilian
authorities or even identifying themselves.

And once 18-year-old Esequiel Hernandez Jr. was shot, the findings say the
Marines administered medical care that was "substandard as measured by any
humanitarian standard."

"This mission appears to have been viewed at every level as more of a
training mission than a real world deployment," concludes the report,
written by retired Marine Maj. Gen. John T. Coyne, "The failure to
appreciate the differences had tragic consequences."

The crux of the findings, which were obtained by the San Antonio Current
newspaper under the Freedom of Information Act, is that the deadly
occurrence in the town of Redford took place because the Marines are trained
for war, not domestic law enforcement.

"Basic Marine Corps combat training instills an aggressive spirit while
teaching combat skills," the report says. "More is needed to place young
fully armed Marines in a domestic environment to perform noncombat duties."

The report comes as vindication of sorts for those who have argued against
enlisting the military in the nation's drug wars, a policy that is still
supported by leaders such as U.S. Rep. Jim Traficant, D-Ohio. He says the
Hernandez incident underscores the need for better training.

Still, critics of the military's involvement in anti-narcotics operations
along the U.S.-Mexico border criticize the Pentagon for taking little action
other than suspending the patrols.

"The big question is what are they doing about it," said Timothy Dunn,
author of The Militarization of the Border. "Is anyone accountable?"

Enlisted by Joint Task Force 6, an anti-drug umbrella group, the Marines
encountered Hernandez on a stormy May evening last year while he was herding
his goats.

Having never committed a crime, Hernandez was an unlikely suspect. But for
some reason he fired at the Marines from a considerable distance with his
vintage .22-caliber rifle, and yet again before he was shot himself.

Though the internal report is dated April 8, its release follows a $1.9
million wrongful death settlement last month between the U.S. government and
the Hernandez family. The government, however, admitted no wrongdoing.

Nor has the Marine Corps sided with Coyne. In a rebuttal to his findings,
also made public through the Freedom of Information Act, the Marines argued
that the Redford mission was considered real-world and that the team of four
was fully prepared.

"Mr. Hernandez is dead neither because of inadequate training, nor
insufficient training time, nor improper adherence to the `rules of
engagement,' " the Marine Corps said.

Military spokesman Lt. Col. Scott Campbell said Wednesday that officials
stand by those statements.

While Coyne delivered the most stinging official criticism of the Redford
incident yet released, he nevertheless found that Cpl. Clemente Banuelos,
the Marine who fired the fatal shot, acted reasonably considering his
limited training.

The same finding essentially has been made by two Presidio County grand
juries, both of which have refused to indict Banuelos. A federal grand jury
also found insufficient evidence to indict.

That leaves an investigation by U.S. Rep. Lamar Smith, R-San Antonio.
Smith's House Judiciary subcommittee is still looking into the matter,
though hearings once promised have not materialized.

Smith called the Coyne report "an effort by the Department of Defense to
find the truth and hold people accountable, which is more than I can say for
the Department of Justice."

"The Coyne report on the Esequiel Hernandez shooting shows that the tragic
death occurred as a result of a botched operation," Smith said. "There was
poor training and preparation, inept coordination and a lack of management
control."

Copyright 1998 Houston Chronicle San Antonio Bureau

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Checked-by: Don Beck