From azstarnet: Border Patrol agents shot beanbags at a group of suspected bandits before the men returned fire during a confrontation in a remote canyon, killing agent Brian Terry with a single gunshot, records show.
And an illegal immigrant wounded in the gunbattle who is now the only person in custody linked to the slaying contends he never fired a shot, according to FBI search warrant requests filed in the U.S. District Court in Tucson.
The documents provide the most detailed version yet of what happened in the deadly gunbattle Dec. 14 in Peck Canyon, northwest of Nogales....
But Terry's brother, Kent Terry, said the other agents who were there that night told him that they were instructed to use the non-lethal beanbags first. It's a policy that doesn't make sense to Kent Terry.
"You go up against a bandit crew that is carrying AKs, and you walk out there with guns loaded with beanbags - I don't get it," Terry said in a phone interview from Michigan. "It's like going to the Iraqi war with one knife. It boggles my mind. ... These guys (Border Patrol agents) are professionals; they should be able to use their judgment call on their own."
On the night of the deadly encounter, agents were trying to apprehend at least five suspected illegal immigrants. One agent, using thermal binoculars, spotted two men carrying rifles. When the group came close, at least one agent identified himself as police and ordered the men to drop their weapons.
Here's how the rest of the events are described in the FBI document:
"When the suspected aliens did not drop their weapons, two Border Patrol agents deployed 'less than lethal' beanbags at the suspected aliens. At this time, at least one of the suspected aliens fired at the Border Patrol agents. Two Border Patrol agents returned fire, one with his long gun and one with his pistol.
If it is the policy of the Border Patrol to shoot bean bags at people holding guns, then Napolitano and the head of the Border Patrol need to be fired immediately. Not tomorrow. Not next week but now. They are putting the lives of Border Patrol officers in immediate danger.
come on, john Ensign, you want to get re-elected with conservative help- call for Napolitano and the head of the Border Patrol firings immediately. This is horrible policy.