Zapata lawsuit charges government conspiracy and cover-up
Examiner ^ | Feb. 14, 2013 | David Codrea
examiner.com
Slain ICE agent Zapata’s parents charge government with conspiracy and cover-up.
A comprehensive lawsuit charging government conspiracy and cover-up was filed Tuesday in the United States District Court Southern District of Texas Brownsville Division by the parents of murdered Immigration and Customs Enforcement Agent Jamie Zapata and Special Agent Victor Avila, Jr., against the government, straw purchasers, individual government officials, gun dealers and others deemed to share in responsibility per the complaint.
Gun Rights Examiner has obtained copies of the Plaintiff’s Original Complaint and the related docket sheet. On first reading, the complaint appears to have the potential to uncover specifics about government-sanctioned “gunwalking” and those who authorized it beyond what has already been disclosed by House Committee on Oversight and Government Reform hearings and the Department of Justice’s Office of Inspector General investigation.
“Collectively, the United States government along with Defendants [is] directly responsible for the decisions made with regards to gunrunning activities,” the complaint charges, citing individual officials including former Bureau of Alcohol, Tobacco, Firearms and Explosives Acting Director Kenneth Melson, former Phoenix Field Division Special Agent in Charge William Newell, and former Phoenix Groups VII Supervisor David Voth, among others.
The complaint charges the United States government breached its duties “by failing to abide by policies regarding arms export regulations; safe travel; proper oversight of employees; issuing defective vehicles; gunwalking; failing to disclose known dangers involving gunwalking; and Defendant’s continued violations.
“Defendant’s violation of these statutes and federal firearm laws and regulations constitute negligence per se,” the complaint continues. “Defendant, having knowledge of the dangers posed by the violation of the statutes, proceeded with the violation of public safety statutes and federal laws and regulations in conscious disregard for the lives and safety of their agents, including Agents Zapata and Avila.
“Defendant placed weapons in the hands of a dangerous criminal organization and failed to warn, thereby placing Agents Zapata and Avila in harm’s way. Defendant’s conduct contributed to, increased, and changed the risk which would have otherwise not existed,” the complaint alleges. “The conduct was so extreme as to exceed all bounds of that usually tolerated in a civilized community. Furthermore, the United States has conducted an ongoing cover-up to deprive Avila and the Zapata family of the answers they rightfully deserve.”
Included in the list of answers the plaintiffs are seeking is the key question that has so far evaded investigators in determining a definitive answer for: “Who authorized the gunwalking? Where is/are he/she/they now?
“Gunrunner Defendants, each individually, specifically created an additional danger by utilizing high-risk tactics by the cessation of surveillance, gunwalking, and non-interdiction of weapons that Gunrunner Defendants used in Operation Fast and Furious and other similarly created gun walking operations that went against the core of ATF’s and Gunrunner Defendants’ mission, as well as their training and field experience as agents,” the complaint observed. “These inherent flaws of gunwalking made these tragic consequences inevitable.”
Perhaps this lawsuit will give the defendants incentive to share knowledge about the key question that has to date remained suspected but unproven.
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