The U.S. Attorney’s Office will review law enforcement reports to determine whether U.S. Border Patrol agents broke any laws in the officer-involved shooting death of an Arizona man on tribal land on May 18.
“That is the information at this time. The case is in the hands of the U.S. Attorney [Merrick Garland],” U.S. Customs and Border Patrol (CBP) spokesman John Mennell told The Epoch Times in an email.
More than a month later, family members say they’re no closer to understanding the circumstances surrounding the death of Raymond Mattia, 58, even with the release of body-worn camera footage in late June.
“Right now, we’re trying to get more answers. The video brought us more questions than answers,” Yvonne Navarez, Mattia’s niece, told The Epoch Times.
Video Footage
Video footage from body-worn cameras obtained from four of 10 Border Patrol agents reference “shots fired” near Mattia’s property around 9 p.m.“We were under the impression we were going to be able to watch everything—raw footage from all 10 cameras,” Ms. Navarez said.
“We viewed the same thing as the public. So we did ask why we couldn’t see [all] the original footage.”
The images show Border Patrol agents approaching a man, later identified as Mattia, with flashlights and service weapons drawn.
The footage then shows Mattia tossing an object at an officer, later determined to be a sheathed machete.
Officers then shout at Mattia to take his hands out of his pockets.
He appears to be holding a dark object (a cell phone) in his right hand.
At that point, several officers begin firing their weapons at Mattia, who falls to the ground unresponsive.
“It was like they were going through a war zone with their guns drawn. There was no assessment,” Ms. Navarez said.
Toxicology Report
An autopsy concluded Mattia died after being shot nine times. A toxicology report showed alcohol, oxycodone, and meth in Mattia’s body at the time of death.The CBP, Federal Bureau of Investigation, and Tohono O'odham Police Department (TOPD) investigated the incident. The U.S. Attorney’s Office could not immediately be reached for comment by The Epoch Times for this story.
Ms. Navarez said the family isn’t satisfied with the evidence presented thus far.
“Were they looking for Ray Mattia? Who were they looking for? Why was his name redacted? Why is there no picture of who to look for? Why was there no strategy instead of going in with guns drawn?” she said.
“Transparency would be to see raw footage from all [10] cameras. We don’t have any of the shooters’ names.”
“In the video, he wasn’t trying to run. He wasn’t trying to fight. He wasn’t even yelling at them. We feel he tried to comply the best he could” under the circumstances.
Change Tribal Police Policy
“We know he was on prescription medication. We don’t know how that would present in his body. We don’t know what medication he was on,” Ms. Navarez said.“He did have pain he was dealing with from past injuries. We were thrown back by [the meth]. We know he doesn’t do that specific drug. I know he had alcohol in his system. As far as strong stuff, like meth, we never knew him to do that.”
Mattia received a tribal burial on June 3.
Ms. Navarez said the family only wants answers—and justice—for Ray Mattia.
“We would like TOPD to change their policy about calling Border Patrol for backup,” given different training procedures, since the outcome “might have been different,” she said.
“[Border Patrol] should not be dealing with tribal members unless they’re dealing in some illegal activity related to Border Patrol. It was a domestic thing.”
Most of all, tribal members need to feel safe when calling the police, Ms. Navarez said.
“Now, if we call TOPD, should we expect Border Patrol to follow? That’s what scares us now.”
