Family of ICE agent murdered by Los Zetas in Mexico sues U.S. government in Brownsville federal court

Plaintiffs allege that defenseless agent was killed by American "guns gone walking," thanks in part to bungled ATF and DEA operations

Guadalajara -
On the second anniversary of his brutal execution, the family of Immigration and Customs Enforcement (ICE) agent Jaime Zapata filed suit against the U.S. government Wednesday, alleging negligence and willful conspiracy.

The action was filed in the U.S. District Court for the Southern District of Texas, at Brownsville. The plaintiffs are Zapata's parents.

Under federal law, the Zapatas were required to give the government advance notice of their intent to sue. They did so on June 20, 2012, which MGRR reported at the time. Family of ICE agent murdered in Mexico by Los Zetas gives U.S. notice of intent to sue.

A co-plaintiff in the case is ICE agent Víctor Ávila, who was gravely wounded in the Feb. 15, 2011 attack on Mexico highway 57, in northern San Luis Potosí state. The assailants were Los Zetas gunmen.

Agent Zapata was 32 at the time of his death, and had worked with the Human Smuggling and Trafficking Unit and the Border Enforcement Security Task Force. On the day of the attack he and Ávila were on official business, traveling from Laredo, Texas to Mexico City. They were riding in a government vehicle carrying U.S. diplomatic tags. As they traveled down the four lane highway from Monterrey to Mexico City, two vehicles began following them and forced them off the road. According to Ávila, as many as 15 men dressed in military uniforms and carrying assault weapons circled their car. Zapata rolled down his window to confirm that they were federal agents, and the men began firing at point blank range. The assailants fled immediately.

Badly wounded, Ávila managed to get off a cell phone call. Zapata attempted to drive away from the scene, but soon collapsed at the wheel. Mexican federal police arrived by helicopter in minutes, but it was too late for Zapata. He died before reaching the hospital. The attack occurred near a fake military checkpoint which the gunmen had set up.

Subsequent investigation revealed that Zapata was killed by AK-47 fire - the weapon of choice for most drug cartels, often referred to here as cuernos de chivo, or goat horns. The guns which killed him and wounded Ávila were purchased in Dallas, authorities have said.

Today's legal filing makes the same claim, and alleges that three of the weapons can be traced to U.S. retailers by their serial numbers.

The plaintiffs claim that at least 90 rounds were fired at the two virtually defenseless agents, and they maintain the armor plated vehicle furnished to them was defective. U.S. ICE agent died needlessly, due to faulty door lock design.

In addition to several government agencies, the lawsuit names Mexican officials and gun dealers in the United States. As is common in the early stages of litigation, the plaintiffs did not specify how much they're seeking in damages. They're permitted to do that as the case progresses. But in their warning notice last summer to the U.S. Justice Department, they demanded $25 million.

The case was filed under the Federal Tort Claims Act, which makes the U.S. government liable for certain acts or omissions, called torts. The law has a two year statute of limitations, which expires Feb. 15. Had the plaintiffs not filed by tomorrow, their claims would have been forever barred.

The pending criminal charges
One of the Zeta executioners was Julián Espinoza. He was arrested soon after, and was extradited to the United States in December 2011. Los Zetas killer charged in death of U.S. immigration agent is extradited by Mexico.

Julián Espinoza, after his Feb. 23, 2011 arrest by Mexican armed forces

Espinoza is facing multiple federal charges, which are both here and below: Los Zetas accused killer makes his first appearance in D.C. federal court. He's scheduled for trial in Washington on June 3. Accused Zeta killer of U.S. ICE agent returns to D.C. federal court for hearing; Long, slow legal road in case of Zeta hit man alleged to have killed U.S. ICE agent.

The brazen daylight attack against the two U.S. agents, on a heavily traveled highway in northern Mexico, was launched on the direct orders of Z-44, then the number three man in the Los Zetas hierarchy. Z-44, who is Luis Jesús Sarabia Ramón, was arrested by Mexican troops Jan. 11, 2012. Top Zeta leader arrested; linked to 50 murders, including U.S. ICE agent in 2011.

The murder of Jaime Zapata while inside Mexico is one of the very few instances of a U.S. agent killed in the line of duty in this country.

Nov. 18 - Homeland Security Secretary Janet Napolitano was behind murder of ICE agent in Mexico - so woman tells federal judge in Washington

Feb. 9 - U.S. travelers: a "generalized terror" of northern Mexico
Jan. 18 - Fast and Furious arms sold to Mexicans found at shootout which killed Miss Sinaloa
Sept. 20 - U.S. Inspector General files Fast and Furious Report

Related stories
"Dear friends in the United States - please, no more assault weapons to Mexico"
Editorial: In drug war, boundaries and "national sovereignty" mean nothing

Previous reports on U.S. gun running operations
Congressman says Mexico has lost trust in U.S. after secret ATF, DEA operations
U.S. Atty. General to Congress: "Fast and Furious should never have happened"
Obama will "stand by his man," as Congress condemns Fast and Furious
U.S. Atty. General in the cross-hairs over Fast and Furious, Wide Receiver
Can guns really walk from the U.S. to Mexico?
Two U.S. officials quit over Fast and Furious scandal

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Espinoza Indictment