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PHOENIX (AP) - An autopsy report indicates a Mexican teen who apparently was shot to death by a U.S. Border Patrol agent in October was struck by at least eight bullets, all but one hitting him in the back.

The report, provided to The Associated Press on Thursday by an attorney for the 16-year-old boy's family, was conducted by medical examiners in Mexico and describes several other wounds, but it's unclear if they account for additional bullets, graze wounds or shrapnel.

The attorney, Luis Parra, said he believes the report bolsters his contention that the Border Patrol used excessive force in gunning down Jose Antonio Elena Rodriguez. The family is considering a lawsuit.

"I'm not saying it's a clear case of excessive force, but it is a very strong case for excessive use of force," Parra said. "The Border Patrol agent who was firing could have easily taken cover."

Parra said the report was provided to him by the Sonoran State Attorney General's Office in Mexico just across the border from Nogales, Ariz.

Border Patrol officials declined to comment, citing an ongoing probe by the FBI, which investigates all Border Patrol shootings. FBI spokeswoman Jennifer Giannola also declined to discuss the investigation, noting there is no specific timetable for its completion.

"Although we are cognizant of time, it is imperative to conduct a thorough investigation," she said in an email to the AP.

The autopsy report shows at least eight bullets struck the teenager, one through his head and the rest through various parts of the back of his body. Six bullets were found inside the boy.

The Border Patrol has said several agents responded the night of Oct. 10 to reports of suspected drug smugglers along the border fence in Nogales, Ariz. The agents watched two people abandon a load of narcotics, then run back to Mexico, according to the agency. The agents were then pelted by rocks thrown from across the border. The Border Patrol said the people ignored orders to stop, and an agent opened fire.

Rodriguez's body was found on a sidewalk in Mexico not far from the fence.

Border Patrol agents generally are allowed to use lethal force against rock throwers, as the agency considers stones deadly weapons. It's a common all along the border for agents to be hit with rocks, often to distract them from making arrests. Several investigations into similar shootings are under way in Arizona and Texas.

Parra said Rodriguez's family is still awaiting any information from the FBI, and is growing frustrated.

"They're very upset," he said. "They have not stopped grieving for the past four months."

Within days of Rodriguez's death, Mexico's Foreign Relations Department issued a statement saying it "forcefully condemned" the shooting and called such deaths a "serious bilateral problem."

Nogales Mayor Ramon Guzman Munoz said the teen died in a "hail of bullets" and called it "deplorable," urging a thorough investigation by both U.S. and Mexican authorities.

U.S. government investigators are reviewing Border Patrol policies on use of lethal force amid a spate of deadly shootings along the border in recent years. The probe by the Department of Homeland Security's Office of Inspector General involves a review of accusations of brutality and excessive force.

___

Associated Press writer Brady McCombs contributed to this report from Salt Lake City.


(Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

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  • Abuse
    wrote...
    Who really cares in america?
    One less Machismo criminal moron got his just deserves! American lives come first.
  • Abuse
    UZI wrote...
    "the agent could have take cover"?
    What?? Take cover when attacked? So when 16 yr old is atacking you then you should take cover. How stupid!
  • Abuse
    yrreta wrote...
    So everyone is good with
    the fact that this kid was shot up to 7 times...in the back? That might be fine if he's carrying an AK47 and just killed your partner, but in the back after allegedly throwing rocks at you? Appears the kid was running away, no longer a threat at that point, unless you're afraid he's gonna throw a fart at you, and you drop him with 7 in the back. Doesn't look good for the BP.
  • Abuse
    UZI wrote...
    @yrreta
    so when the chandler rapist is done with your daughter and is running out the door your going to let him?
  • Abuse
    yrreta wrote...
    @uzi
    uhmmm, yeah, that comparision certainly applies here. But, since you asked, no, I'm not going to be a coward and shot someone in the back that's running away from me and risk being convicted on a murder charge when the perp was clearly no longer a threat to me or my family. However, I will go after him and beat the snot out of him and hold him until the police arrive. Pictures like you paint uzi are what posters like Micho see as being a "gun nut". Thought you were sharper than that.
  • Abuse
    Michoacan wrote...
    Great Dane Mama, does the name
    Nicholas Ivie mean anything to you?
  • Abuse
    yrreta wrote...
    uzi, I should have known better
    when you suggested not taking cover when someone attacks you. Yeah, let's just stand up and make ourselves a better target before we return fire, yeah that's the ticket. Thinking like that proves why Darwinism is alive and well.
  • Abuse
    Surprise Surprise wrote...
    Bottom Line, yrreta and Micho, I ride with you!
    A 16 year old kid was cowardly killed by being shot in the back 7 times and once in the back of the head! Don't get me wrong, I'm on board for defending yourself, especially in the line of work that the Border Patrol is in...It's dangerous work. But one thing is defending yourself and another is taking revenge on someone for hitting you with a rock (if he even actually hit you). The law applies to all, Border Patrol included! And I won't even mention the other rif raf comments...America IS a Beautiful place.

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