A federal judge in Tucson is allowing a case against Border Patrol agents who fatally shot an unarmed Native American man outside his home in 2023 to partially move forward.
Raymond Mattia was killed on the Tohono O’odham Nation as Border Patrol agents responded to a 911 call alongside tribal police.
Edited bodycam footage released by Customs and Border Protection shows agents yelling at Mattia to put his hands in the air just before dozens of shots ring out.
Mattia’s family filed a wrongful death suit against the agency last year, arguing his First Amendment rights were violated. They included additional claims against agents who shot him once their names were released via court order.
Government lawyers have tried to dismiss the case several times. An order from Judge Rosemary Marquez this month allowed three of the eight First Amendment claims to be dismissed. The rest, including excessive force claims against the agents, were allowed to move forward.
