Court extract
One agent still on horseback commanded Mr Castro Romo to re-join the group. While Mr Castro Romo was walking with his hands on his head the Border Patrol agent while on his horse, was hitting him on the head with his lasso. After warning the agent several times to stop hitting him, Mr Castro Romo could no longer take the pain from the lasso hitting his scalp and ran. The agent still on his horse, again chased Mr Castro Romo down and bumped Mr Castro Romo with the horse. Mr Castro Romo fell to the ground on his stomach and face down. That is when Mr Castro Romo felt a “warm” feeling on his back after hearing a single gunshot. He had been shot by the agent. The agent then yelled “Oh fuck, Oh fuck” and left the scene.