Mexican prosecutors, meanwhile, are investigating the case as a homicide, raising the possibility that the agent could also face charges in Mexico, although it is unlikely the U.S. would agree to extradite him.
The FBI formally added the civil rights element to its broader investigation into the alleged assault on the Border Patrol agent.
A civil rights probe investigates allegations of abuse by any U.S. law enforcement officer. If investigators determine the Border Patrol agent shot Hernandez without justification, he could be found to have violated Hernandez’s civil rights, which is a crime. The fate of the agent could range from being cleared of all wrongdoing to a charge of homicide.
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