Calling it a “travesty of justice,” the chairman of the Tohono O’odham Nation blasted the Justice Division’s resolution to not press expenses towards U.S. Border Patrol brokers who shot and killed a tribal member close to his dwelling earlier this yr. 

In June, U.S. Customs and Border Safety launched body-cam footage
from the Might 18 incident, which confirmed a complicated state of affairs close to the
village of Menager’s Dam, as a number of Border Patrol brokers barked out
instructions demanding Raymond Mattia present his palms earlier than three brokers unleashed a salvo
of gunfire, hitting the 58-year-old man 9 occasions.

“The info converse for themselves, and they don’t help the U.S.
Legal professional’s resolution — Mr. Mattia was an unarmed man in his personal entrance
yard,” mentioned Verlon Jones in a press release launched Friday. “A number of brokers made the choice to fireplace dozens of photographs at brief
vary at this unarmed man, hitting Raymond Mattia a number of occasions, and
in the end killing him. All of this was captured on brokers’ video
cameras and isn’t in query.”

“The place in America is a choice in defiance of such overwhelming proof
acceptable?  The place in America is it okay for regulation enforcement officers,
or anybody else, to take an unarmed man’s life?” Jones requested. “We assume there’s
extra proof past what’s already within the public area.  On the
very least there must be a trial in order that the info may be
ascertained, and justice achieved.”

Final month, Justice Division officers met with Mattia’s household in Sells, Ariz. and informed them throughout an hour-long assembly, the company wouldn’t cost the brokers.

“The staff defined our conclusion within the legal investigation — that the brokers’ use of power below the info and circumstances offered on this case doesn’t rise to the extent of a federal legal civil rights violation or a legal violation assimilated below Arizona regulation — and addressed questions posed by the household and the attorneys,” mentioned Zach Stoebe, a Justice Division spokesman. “We decline to remark extra particularly on the assembly between the household and the division staff; victims have an inherent proper to talk with the press, and to criticize their authorities.”

“There are numerous questions left unanswered by this resolution. In consequence, we can’t and won’t settle for the U.S. Legal professional’s resolution,” Jones mentioned. “Quite the opposite, we stand by the Mattia household, and all O’odham residents in in search of justice.  Members of the Tohono O’odham Nation shouldn’t have to fret that their lives could possibly be randomly minimize brief by federal brokers performing on Tohono O’odham sovereign land.”

“In Mr. Mattia’s case, he was not solely on O’odham land, however at his own residence, and defenseless,” Jones added.

‘Everybody has a narrative to inform about Border Patrol’

Mattia’s sister, Annette Mattia, was on the telephone along with her brother seconds earlier than she heard the brokers shoot. Migrants had come to his dwelling earlier and he ultimately referred to as officers, the Arizona Republic reported.

She mentioned Mattia informed her that he was going out to speak to the agent after which seconds later, she heard the photographs. Relations described the photographs because the sound of a battlefield, and mentioned different family members had been frightened of leaving their dwelling within the moments after BP brokers fired. Whereas Mattia was unarmed when he was shot, the BP brokers continued to seek for a weapon.

Earlier this yr, the tribe’s earlier chairman, Ned Norris Jr., requested for persistence whereas the investigation was ongoing.

“The
Tohono O’odham Nation Government Workplace has repeatedly made clear its
expectation of a complete, clear and well timed investigation of
Mr. Mattia’s tragic demise,” Norris, Jr. mentioned in a press release in June. “The data contained
within the report and the physique digicam footage is graphic and regarding.
However we should not prejudge the state of affairs and proceed to permit
investigating businesses to do their fact-finding work.”

Per week after Mattia was killed, members of the Tohono O’odham tribe protested his demise, holding vigils exterior of the Border Patrol stations in Ajo and Tucson. One tribal member who requested to not be named informed Tucson Sentinel that brokers routinely harass folks on the Nation.

“Everybody has a narrative to inform about Border Patrol,” she mentioned.

Juan Buendia, the district chairman for Sells, Ariz., referred to as the taking pictures an “injustice.”

“On behalf of the household, we’re right here to indicate as a lot help as we will. It is disturbing that this has occurred,” he mentioned.

Ligel Macios mentioned it was “scary,” including that tribal members can be much less prone to contact BP brokers after the taking pictures.”Who are you able to depend on?” Macios mentioned. “After this, who needs to name them?”

Officers mentioned the incident will likely be investigated by CBP’s Workplace of Skilled Accountability, as nicely CBP’s Nationwide Use of Drive Evaluate Board, and the Division of Homeland Safety’s Workplace of Inspector Basic.

It stays unclear when CBP will full their investigation.

Authorities’s response ‘compounds’ household’s grief

Ryan Stitt, a San Diego legal professional representing Mattia’s household mentioned the choice was not shocking.

“Regulation enforcement officers are hardly ever prosecuted, even for killing unarmed folks. Transferring ahead, the Mattia household has little alternative however to file a civil lawsuit to acquire primary solutions about what occurred to their beloved Ray,” he mentioned. Stitt added that the household nonetheless needs to know why the brokers fired so many photographs, and whether or not the deadly bullets got here from the Border Patrol brokers, or the TOPD officer.

Stitt additionally mentioned Justice Division officers refused to reveal statements made by the Border Patrol brokers to the FBI, telling the relations it was “not the suitable time.”

“When the household requested when can be the suitable time to get solutions to those primary questions, there was no reply,” Stitt mentioned in an e mail. “Sadly, that leaves the household within the place of being pressured to file a lawsuit to study primary info about what occurred to Ray, and to try to hunt significant justice for his killing.”

 “Lastly, the federal government’s response to the household’s questions additional compounds their grief,” he mentioned. “They’re victims of a tragedy they usually deserve solutions and compassion from the federal government.”

Moments earlier than he was shot and killed, Mattia tossed a
sheathed machete to the ft of a Tohono O’odham police officer. Seconds
later, the three Border Patrol brokers fired their service weapons, killing him exterior his dwelling.

After Mattia
collapsed and rolled onto his abdomen, brokers insisted there was a
weapon, however solely a mobile phone and mobile phone case had been discovered close by.

An
post-mortem accomplished by the Pima County Medical Examiner and launched
Friday confirmed Mattia suffered 9 gun photographs, together with wounds to his
proper shoulder, his stomach, left flank and again, in addition to each arms
and legs.

The company dominated Mattia’s demise a murder, however mentioned the
willpower does not suggest legal intent, nor does the report draw a
authorized conclusion.

A toxicology report accompanying the post-mortem
confirmed a number of medication had been in Mattia’s bloodstream, together with
methamphetamine, alcohol, amphetamine and oxycodone. Mattia’s
blood-alcohol stage was 0.185 p.c, greater than twice the authorized restrict
in Arizona, which is simply 0.08 p.c. A blood take a look at additionally confirmed a
important stage of methamphetamine in his bloodstream.

CBP
launched the video a month after the taking pictures, considered one of just some occasions
the company has launched footage from body-worn cameras since they had been
deployed in 2020.

Backed by Carla L. Johnson, the vice chairwoman for the Tohono O’odham Nation, Jones mentioned the tribe will “discover different alternatives to rectify this misguided resolution, which can embody requesting Congressional inquiries. We additionally stand by different authorized and administrative efforts to acquire justice for wrongly taking Raymond’s life.”

“For too lengthy, the U.S. authorities’s refusal to enact smart border
options has introduced undue hardship to O’odham and different border
communities,” Jones mentioned. “Whereas politicians waste time debating partitions and different
ineffective and divisive concepts, our persons are persecuted and, on this
case, killed by federal brokers.  This should cease.”