Unequal Justice Without Law

The highest of our courts has had its say in the case of Sergio Adrian Hernandez Guereca and found that his parents have no right in this country to sue over his killing by a border control agent who shot him twice him from across the border, killing him in Mexico. The case was Hernadez v. Mesa. A second, similar case involving a cross border killing in which a child was shot sixteen times was also decided in the same way by the court.

The boy was fifteen, and it is said he had been playing a game in which he ran across a cement culvert to touch the border fence and then run back. A video taken at the time apparently shows him throwing pebbles at the agent, but I can’t locate a copy online and am not sure I want to witness him being shot in the face. For the record, the Justice Department found there was insufficient evidence to charge the border patrol agent with any crime.

The five justice majority called the incident tragic, but then devolved into rationalizations of national security and diplomacy, neither of which topic will ever offer solace to the child’s parents.

For any who might think this post is a screed against the current Administration’s immigration policies, this particular killing took place in 2010, during the Obama years. Separating families and housing children in conditions where some have died deserves its own condemnation, but I’ll save that for another day and time.

I spent the past few days trying to process the result of this case, until I realized something like it happens all too often here within our borders, which is equally unthinkable but true. In working through my dissonance I put these lines on paper, to express my feelings. I respect your right to reasoned disagreement, but when all is said, my thoughts land here.

He Had a Name

A Mexican boy of 15

Sergio 

playing at the border

Adrián

shot in the face

Hernández

for throwing pebbles

Güereca

at a border agent

He had no rights here

            Jesus Hernandez

or his parents to sue

            Guadalupe Guereca

found the courts

And some here ask 

            Michael Brown

in our land of the free

Trayvon Martin

why this is news at all

            Tamir Rice

where young blacks

            Cameron Tillman

are shot by police 

Laquan McDonald

so often now

Jordan Edwards

we forget 

Samuel Mallard

their names

Kwame Jones

De’von Bailey

JaQuavion Slaton

Brandon Weber

Wiley McCoy

D’ettrick Griffin

Ramarley Graham

Kendrec McDade

Tony …

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After all is said and done, more is said than done.

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