No Charges will be Filed Against Border Agents who Killed Unarmed Native Man

Tribal leaders in Arizona are voicing their opposition to a US attorney’s choice not to charge federal border agents involved in the fatal shooting of an unarmed member of their community on their reservation in May.

In an incident that took place in May, Raymond Mattia lost his life after agents arrived in response to a request from the Tohono O’odham Nation’s tribal police. They had been alerted about gunfire in the Menagers Dam area near the US-Mexico border.

Three officers from the US Customs and Border Patrol (CBP) opened fire on the 58-year-old outside a home, later justifying their actions by saying they thought he had hurled an object at one of them and was wielding a gun.

However, bodycam footage unveiled in June contradicted this, revealing that Mattia was not armed. A post-mortem examination by the Pima county medical examiner recorded that Mattia had been shot nine times. Moreover, a subsequent toxicology analysis indicated high levels of alcohol and the presence of drugs such as amphetamine and oxycodone in his system.

The tribe’s leadership, including chair Verlon Jose and vice-chair Carla Johnson, voiced their concerns last Friday. They hinted at possibly seeking a congressional review concerning the Arizona state attorney’s office’s decision against pressing charges. Their statement read: “There are myriad unresolved issues stemming from this outcome. Consequently, we cannot, and will not, endorse the US attorney’s decision.” They further emphasized their belief that this decision represents “a grave miscarriage of justice.”

The US attorney’s office claimed in its own statement that it visited with Mattia’s family last month to discuss the choice.

“The agents’ use of force under the facts and circumstances presented in this case does not rise to the level of a federal criminal civil rights violation or a criminal violation assimilated under Arizona law,” it said.

“We stand by our conclusion, and we hear the chairman’s frustration.”

Video unveiled during the summer depicted Mattia tossing a machete encased in a sheath towards the feet of a tribal officer. Following this action, he extended his arm, a sequence of events highlighted by the CBP in their narrative.

Subsequent to the shooting, one of the agents exclaimed, “He’s still holding a gun.” Multiple agents can be heard inquiring numerous times about the presence of a firearm.

In a separate incident, CBP officers were implicated in another deadly shooting close to Las Cruces, New Mexico, in April. This occurred after they pursued a male driver for a distance of 23 miles.

The relatives of an eight-year-old Panamanian girl, who tragically passed away while under CBP’s watch in Texas during May, attribute her death to the agency’s negligence. They assert that Anadith Reyes Álvarez was not provided with necessary medical attention despite presenting with a significantly high fever and manifesting symptoms of distress. She experienced these health issues throughout her nine-day detainment at a center located in Harlingen.