New Video Released in Border Patrol Agent Case

Surveillance footage used in court proved to be inconclusive

By Paul Krueger
|  Friday, May 10, 2013  |  Updated 4:49 PM PDT
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This surveillance video, obtained by NBC 7 from federal court, was important evidence in the case against <a href=Agent Luis Fonseca and was taken inside the Border Patrol's Imperial Beach station." />

This surveillance video, obtained by NBC 7 from federal court, was important evidence in the case against Agent Luis Fonseca and was taken inside the Border Patrol's Imperial Beach station.

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New video shows a different perspective from the recent trial of a Border Patrol agent, who a federal jury found not guilty of abusing an undocumented immigrant last month.

This surveillance video, obtained by NBC 7 from federal court, was important evidence in the case against Agent Luis Fonseca and was taken inside the Border Patrol's Imperial Beach station.

Federal prosecutors say it shows Fonseca kneeing the immigrant, then choking him, until he passed out.

Prosecutors said the tape shows the alleged victim having seizures, after that abuse.

Prosecutors had charged Fonseca with a felony civil rights violation arguing the agent kneed and choked a 27-year-old immigrant the Border Patrol's Imperial Beach station in July 2011.

But the defense told jurors this video is inconclusive, because it was shot from behind, and doesn't clearly show any choking or abuse.

The defense also said the alleged victim faked his injuries.

The jury found Agent Fonseca "not guilty" of violating that man's civil rights.

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