616-2765
WWW.USDOJ.GOV
TDD (202) 514-1888
STATEMENT BY THE DEPARTMENT OF JUSTICE
Today, we received a report from the Subcommittee on Immigration and Claims of the House
Committee on the Judiciary. We are currently reviewing the report to decide what, if any, further
action could be taken.
But, as the committee noted, there have been several investigations of this matter, all of which
reached the same conclusion. The State of Texas investigated the shooting and a Texas grand
jury decided not to return an indictment. Subsequently, the Justice Department's Civil Rights
Division launched an extensive and lengthy investigation and at the conclusion of its
investigation determined that there was insufficient evidence to warrant a federal criminal
prosecution.
The Department disagrees with the Committee's characterization of our efforts as impeding the
investigation by state authorities. In fact, the Department assisted local prosecutors. After our
investigation, we shared all of our evidence with the local prosecutor to the extent permitted by
law. Then, after hearing all the evidence, a second state grand jury indicated there was not
sufficient evidence to warrant an indictment.
The shooting of Mr. Hernandez was a tragic event. Without sufficient evidence to show that
there was an intentional violation of Mr. Hernandez's constitutional rights, however, we are
unable to bring a federal criminal case.
###
98-542
