FOR IMMEDIATE RELEASE	CR

FRIDAY, FEBRUARY 27, 1998                                                                                                                         (202) 616-2777

                                                                                                                                                                               TDD (202) 514-1888


STATEMENT OF THE U.S. DEPARTMENT OF JUSTICE




	WASHINGTON, D.C.--The Justice Department has closed a
federal civil rights investigation into the death of Ezequiel
Hernandez, Jr., who was shot on the Texas/Mexico border last May. 
U.S. Marine Corporal Clement Banuelos, who was participating in a
federal drug interdiction operation, fatally shot the 18 year old
high school student who was herding goats near his home in
Redford, Texas.




	The Justice Department found insufficient evidence to
prosecute Corporal Banuelos under federal criminal civil rights
law.  To successfully prosecute Corporal Banuelos under federal
law, prosecutors must prove beyond a reasonable doubt that he
willfully interfered with Hernandez' constitutionally protected
rights.  To prove willfulness, prosecutors must show that
Corporal Banuelos knew that shooting Mr. Hernandez was a
violation of law, and deliberately did so anyway.  The Department
concluded that there was insufficient evidence to rebut Corporal
Banuelos' claim that he shot Mr. Hernandez because he thought
that Mr. Hernandez, who was armed, was about to shoot another
Marine.

	

	The federal investigation followed a local grand jury
investigation at which jurors, last August, decided not to indict
the Marine on first degree murder charges.  The local grand jury
was conducted by the Texas district attorney in Marfa, Texas.




	Justice Department officials have met with the victim's
family and their attorney to discuss the decision. 




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98-091