Dead Mexican teen's family to pursue suit v. agent

EL PASO, Texas — A lawyer for the family of a 15-year-old Mexican boy killed by a U.S. Border Patrol agent in 2010 says they will press on with their lawsuit against the agent despite U.S. prosecutors' decision not to charge him.

Attorney Robert Hilliard said Sunday that there is no evidence that Sergio Hernandez-Guereca threw rocks at the agent from Mexico before the agent fatally shot him.

The U.S. Department of Justice said Friday there was insufficient evidence to pursue charges.

U.S. authorities say the agent shot the boy while trying to arrest illegal immigrants crossing the Rio Grande near El Paso. The shooting was captured on cellphone video.

A Texas judge last year dismissed a wrongful-death lawsuit against the U.S. government but allowed the lawsuit against the agent to proceed.