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http://www.uniontrib.com/news/mexico/20001103-1422-n44095.html

Border Patrol union says agents shot at during confrontation at Otay Mesa By Joe Cantlupe COPLEY NEWS SERVICE November 3, 2000

WASHINGTON B As in most incidents in which Border Patrol agents and Mexican soldiers cross paths at the border, confusion has blurred the circumstances surrounding a confrontation near Otay Mesa that one top U.S. official termed nearly "catastrophic."

The union representing the Border Patrol agents in San Diego said two agents were shot at on Oct. 24 by a group of 10 armed Mexican soldiers, some of whom had surrounded them after crossing into the United States.

Despite the union's demands for an investigation, Border Patrol and Mexican officials have closed the books on the case. Officials say there was no evidence that shots were fired.

"This is a classic "he said, he said" situation," said Virginia Kice, a spokesman for the Immigration and Naturalization Service western region. "We may never know exactly what happened. What's important is that we work closely with Mexico to safeguard against any incidents in the future."

In a year highlighted by several tense confrontations between U.S. and Mexican law enforcement agencies, the latest incident occurred near one of the most desolate areas near the border.

The incident unfolded the morning of Oct. 24 when two members of the Border Patrol's mobile air unit crossed paths with a group of 10 uniformed Mexicans who walked north of the border near Copper Canyon, haphazardly marked with some barbed wire fences, officials said.

At one point, the U.S. agents heard gunshots, possibly in Mexican territory, and radioed for help. Eventually, the group of Mexicans talked with the U.S. officials and then the men with rifles went back to Mexico after the Border Patrol agents identified themselves, Border Patrol officials said.

The Mexican soldiers were part of an anti-drug mission and did not cross into U.S. territory, according to Mexican authorities.

But internal memos written by Border patrol agents involved in the incident portray a tense encounter that straddled both sides of the border.

One agent wrote that eight shots were fired by the Mexicans in the "direction" of the U.S. agents. The U.S. agents also wrote that the Mexicans repeatedly had taken aggressive positions, aiming their weapons at them, and ignoring the agents' orders, the memos said.

"These persons had crossed the international boundary fence and had positioned themselves on high ground with one of their rifles pointed directly at us," wrote one U.S. agent, noting several of the Mexicans apparently had taken a "sniper deployment" position.

"The (INS) is making an attempt to minimize the incident and the danger for some unknown reason," said Keith Weeks, vice president of the union. The agents "did feel their lives were in danger," Weeks said.

No agent was injured.

William T. Veal, chief of the Border Patrol's San Diego sector denied that officials downplayed the incident.

"I'm concerned about the incident," Veal said. "It certainly had the potential to be catastrophic. I'm proud of the high degree of restraint exercised by the Border Patrol agents."

Veal said he questioned Border Patrol supervisors who interviewed the agents. He did not question them personally.

"The officers heard what they thought were shots but they did not see these people actually discharge their weapons," Veal said. "We don't have direct evidence that shots were fired at our officers."

The Mexican Army has strayed into U.S. territory more than 60 times between 1995 and 1999, according to Rep. Duncan Hunter, R-El Cajon.

In March, the most controversial incursion occurred near El Paso when a group of Mexican soldiers on an anti-drug mission in Humvees stormed through a border fence and chased and fired on several Border Patrol agents.

That case also was rife with inconsistent statements, reports show.

In San Diego, Veal said Mexican and American officials have established a protocol in an effort to avoid any mistaken incursions across the border. Under the program, officials share maps and establish radio contract with certain agencies, Veal said.

Apparently, the Mexican unit involved in the Otay Mesa incident was not part of the agreement, he said.

-- K (infosurf@yahoo.com), November 15, 2000