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Feds: Man shot by Border Patrol posed no threat

ASTRID GALVAN
Associated Press

TUCSON, Ariz. (AP) — A Mexican man shot by a U.S. Border Patrol agent in Arizona four years ago did not pose a threat, according to a letter by federal prosecutors in Arizona who reviewed the case.

Jesus Castro-Romo of Nogales, Sonora, was wounded in the stomach on Nov. 16, 2010, after being caught crossing illegally from Mexico into the Arizona desert.

Despite the finding by federal prosecutors, Abel Canales, who is no longer an agent, was found to be justified in the shooting by prosecutors in Colorado who reviewed the case.

Canales, in an unrelated case, pleaded guilty to taking a bribe and allowing a truckload of drugs and contraband to pass through a checkpoint on Interstate 19 in Arizona.

The case was taken over by Colorado prosecutors because the Arizona district had a conflict of interest.

The federal government is now facing a lawsuit in the shooting. A civil trial concluded in late July, but the federal judge overseeing it has asked both sides to present more information.

The shooting took place near Walker Canyon, when Canales spotted Castro-Romo and a half-dozen other migrants walking through the desert. Canales, who was on a horse, stopped the group and told them to stay on the ground while other agents arrived to help.

Canales told investigators that Castro-Romo picked up a rock but then dropped it when ordered to do so. Canales believes the migrant then made a motion indicating he was going to pick up the rock again, but Canales did not actually see Castro-Romo with a rock in his hand, according to the letter from the U.S. Attorney’s Office in Arizona.

The letter, signed by former U.S. Attorney Dennis Burke, explained why prosecutors were declining to charge Castro-Romo with assault on a federal officer.

“It would be difficult, if not impossible, to prove that Castro-Romo had the requisite intent to commit a forcible assault. It is clear that he never threw a rock,” the letter states.

Castro-Romo has permanent injuries and can only work low-impact jobs, according to the lawsuit.

“Mr. Castro Romo is the provider for his family with two children and two children from his previous marriage. He has lost income and will continue to lose income as a result of his loss of earning capacity,” the lawsuit states. Castro-Romo is seeking nearly $13.2 million in damages.

The Border Patrol has been widely accused of using excessive force, especially in incidents in which agents are victims of rock-throwing. A lawsuit filed by the ACLU in Arizona on behalf of the mother of a Mexican teen who was shot and killed by an agent on the other side of the border alleges that agents indiscriminately fire at suspected rock throwers.

The agency will begin testing the use of body cameras on some agents next month. The head of internal affairs for Customs and Border Protection, the Border Patrol’s parent agency, also recently said that an initial review of hundreds of use-of-force cases since 2009 found 155 of them merited more investigation.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Don’t Settle for Student Loans to Pay for Online Education

Online college programs are becoming a more popular choice for prospective students, with one study finding that more than 6 million students enrolled in at least one online course in fall 2015. The popularity of these courses can be attributed in part to their flexibility with working adults' schedules, students' ability to progress more quickly through online programs and, oftentimes, cheaper tuition. [See 10 low-cost online bachelor's programs for out-of-state students.]Online degrees can be beneficial to many college students, but some studies have shown online learners complete their programs at lower rates than students at traditional brick-and-mortar campuses. Individuals with student loans but no degree comprise two-thirds of defaulted borrowers. Though these numbers are not encouraging, just like for traditional programs, there are ways to reduce how much you'll need to borrow for an online program to ensure you won't become one of these statistics. Don't just settle on borrowing student loans to cover the whole cost of your program and living expenses. Instead, start thinking about how to cut costs and cover your balance in different ways, such as the following. -- Grants and scholarships: Even though you are taking an online course, you can still apply and receive grants and scholarships. But your first step should be to complete the Free Application for Federal Student Aid, commonly referred to as the FAFSA, which will allow you to receive a Pell Grant if your expected family contribution is low enough. The EFC criteria and award amounts are adjusted annually, but the 2017-2018 academic year awards range from $606 to $5,920, which could significantly lower the amount you borrow annually. Your next step is to apply for scholarships. You can start by checking online scholarship search engines, such as the Salt Scholarship Search, College Board's BigFuture and Peterson's. But don't forget to take advantage of local organizations and your school's financial aid office. Both may offer scholarships that you can't find with a national scholarship search. [Review these 10 sites to kick off your scholarship search.]For instance, organizations like the Elks Club, Knights of Columbus or the Rotary Club typically offer scholarships annually to local students. Just because you're going to school online doesn't mean you're ineligible. Visit your local library for scholarship listings, and ask around town. You might be surprised how many local organizations offer scholarships. While these scholarships typically aren't large, every little bit counts. Each dollar you receive in a scholarship is a dollar you don't have to borrow and pay interest on. -- Work-study: Another option for online students may be work-study awards. Not all students enrolled in online programs are eligible, but students at some schools -- including, for example, SUNY Empire State College and Liberty University -- are. Work-study awards are not given upfront like scholarships and grants. In most cases, they are an offer to earn up to the awarded amount if you secure an eligible work-study job. While there is a misconception that all work-study jobs must be on campus, students can work for off-campus, nonprofit or public employers as long as the work is in the public's interest. You may be able to work for a for-profit employer if the job is relevant to your course of study. No matter who the outside employer is, it will need to have an established agreement with your college for you to receive work-study funds. Remember, to be eligible for federal financial aid, you must be enrolled and pursuing a degree or certificate. If you're not working toward a credential, Pell Grants and work-study won't be option, but you may still be able to take advantage of private scholarships -- just be sure to read the eligibility criteria carefully. [Explore what to know about financial aid in online programs.]-- Pay as you go: One of the great benefits to enrolling online is the flexible schedule, which can allow you to complete your college coursework around your responsibilities. But prospective students often overlook using their part- or full-time job earnings as an option for paying for college. Almost 80 percent of college students in 2015 worked at least part time while attending classes, according to the National Center for Education Statistics. By budgeting and thinking strategically about your college costs, you can likely reduce your dependence on student loans by paying a portion out of pocket. Many -- but not all -- online programs are less expensive than traditional programs and often have shorter payment periods. Six, eight or 10 weeks are common course durations. Because of the frequency of payments in an online setting, you may be well-placed to pay as you go and possibly avoid borrowing altogether. Attending college online and avoiding student loans may be challenging, but if you are willing to put in the effort, you can limit the amount you need to borrow. More from U.S. News Q&A: Understanding Student Loan Discharge Eligibility Student Loan Refinancing Isn't Right for All Borrowers
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