$15 million settlement in border killing
Web Posted: 08/25/2004 12:00 AM CDT
Jesse Bogan
Express-News Border Bureau
LAREDO —— The family of an undocumented immigrant, who made about $60 a week before he crossed the Rio Grande, will get $15 million under a settlement reached Tuesday with the men a jury found responsible for killing him.
The agreement came a day after a jury decided the family of Jesus Barrera Vazquez, 24, should get $20 million from businessman John R. Hurd and his ranch hand, Juan Garza Mendoza.
Barrera's mother, who's illiterate, signed the court documents with an "X."
Hurd, the partial owner of San Antonio-based Hurd Enterprises, a natural gas company, is responsible for 75 percent of the payment because the killing happened on his Hurd-Villegas Ranch near the U.S. border on June 1, 2003.
The civil jury, which was about to begin discussing additional punitive damages before the settlement ended the trial, found Hurd mismanaged the ranch. Neither Hurd, whose company drills dozens of natural gas wells a year in South Texas and along the Gulf Coast, nor his attorney could be reached for comment Tuesday.
Mendoza, 36, is responsible for 25 percent of the settlement.
"We thought we had a valid basis for appeal, but we decided to go ahead and resolve the case," said Victor Vicinaiz, a lawyer for Mendoza, who testified that he mistook Barrera for a feral hog.
"I am not happy with the verdict," Vicinaiz said. "I don't think the jury properly considered the evidence, but that's the way the system works."
"In essence there is, shall I say, coverage for this incident," Vicinaiz said, responding to a question about possible insurance coverage.
Forty percent of the settlement is owed to plaintiff attorneys.
According to in the trial, Mendoza and other men at the ranch waited up to two hours before calling 911 to let authorities know a man had been shot. During that time, other calls were made before calling police, according to phone records.
Rene Mejia, Mexican deputy consul in Laredo, said this case sets a legal precedent for border communities.
"We are looking to protect the human rights of Mexican nationals," he said. "The owners of ranches along the border — with this precedent — will have to have their people prepared to avoid these kinds of incidents in the future."
He said Barrera's widow, who lives in a rural town in central Mexico, planned to use part of the money to help educate her two children.
"The loss of the father and her husband, it's something that cannot be replaced," Mejia said. "But they will have the means to improve their well being."