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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
    Biffleford16 wrote...
    I guess he should have....
    Stayed where he belonged:)
  • Abuse
    wrote...
    if only
    just think, if he had come over the border legally and without drugs, he'd probably still be alive and breaking some other law today!
  • Abuse
    gmm wrote...
    He'd still be alive
    had he obeyed the law and crossed into the U.S. legally through the border crossing with his documents or pass. It's a shame that the drug cartel solicits kids to mule drugs over the fence. I'm sure some parents also encourage their kids to do it, figuring their kids will be released if caught, not think about the chance they'd be shot and killed. Sorry, but illegals don't exactly wear signs saying "I'm underage, don't shoot" if you're going to commit crimes like an adult, then be prepared to face adult consequences. If he was shot in the back, then he was on the U.S. side of the fence.
  • Abuse
    Michoacan wrote...
    Reading for comprehension has never been
    a strength of KTAR's favored, conservative demographic. The three geniuses who have commented so far seem to be unaware of the fact that this child was in Mexico and not attempting to cross or carry drugs into the US when he was shot by the Border Patrol. That doesn't stop the commentators from inflicting their uninformed opinions upon others. Free speech is a wonderful thing.
  • Abuse
    Steve wrote...
    Include yourself Micho
    You make judgment on others here when you too didn't seem to read the story. It matters not what side of the fence the boy was on if he was engaged in throwing rocks
  • Abuse
    Michoacan wrote...
    It remains to be determined if
    there was an actual lethal threat to the Border agent shooters. The kid was standing on a street forty feet below the bottom of the border fence and no rocks that he might have been throwing could have hit the agents given the arc necessary to get launch the rocks that distance. Expect U.S. Taxpayers to pay big money to his family for what will be shown to be an unjustified homicide.
  • Abuse
    Michoacan wrote...
    Correction, 43 feet below the TOP of the fence.
    .
  • Abuse
    JonF wrote...
    She did not judge in her ealier post Steve...
    ...she stated a fact made evident the first three completely uninformed comments about this story. While we are on the subject you seemed to have come to the conclusion that she also failed to read the article. What exactly did she say in her post that gave you this idea?
  • Abuse
    Zapotec wrote...
    Come on guys!
    It's a simple question of weight ratios. A five ounce bird could not carry a one pound coconut. In order to maintain air-speed velocity, a swallow needs to beat its wings forty-three times every second...
  • Abuse
    GREAT DANE MAMA wrote...
    This is an ongoing game
    of cat and mouse at the border. When someone engages you in the dark of night, there is no margin for hesitation. By the time you go and investigate what is being thrown at you, whether a rock or an explosive, you're dead. It's so sad that teenagers are considered expendable by the drug cartels.