Aug 12, 2013 8:50 PM by Brian White
TUCSON - It was an emotional morning as Guadalupe Guerrero stood under her son's mural demanding justice for her son Carlos LaMadrid.
She said she will not give up regardless of the U.S. Department of Justice's decision to not prosecute the border patrol agent who shot and killed LaMadrid.
With tears in her eyes, Guadalupe Guerrero asked for justice.
In 2011, Douglas police reportedly suspected LaMadrid was transporting drugs, pursued him, but instead, LaMadrid reportedly went to the border fence, climbed up a ladder that was against the fence.
That's when another man reportedly threw rocks at border patrol agents and an agent fired shots in that direction.
LaMadrid was killed after the agent shot at him.
Friday the justice department closed its investigation saying no charges will be filed against the agent.
Guerrero called out the border patrol agent who shot her 19-year-old boy two years ago.
"It's a name I have engraved in my mind now. Lucas Tidwell," said Guerrero.
She is not happy with the justice department's decision to close its investigation without filing charges against the agent.
The justice department said in a statement in part:
"While the loss of life is regrettable, the facts of this matter do not support a federal prosecution.
According to the justice department, it reviewed all the evidence and said there is no evidence that proves agent Tidwell intentionally killed LaMadrid.
Guerrero in Friday was told LaMadrid was in the line of fire with another man who was throwing rocks at the agent.
That conversation still haunts Guerrero.
"You can't imagine...every day every hour every minute...it's so upsetting," said Guerrero.
Her sister said she was with her when she met with the federal officials Friday.
"I live it daily with her with my sister because it's a daily suffering of the same thing," said Guerrero.
They now demand a change in policy.
"We need to have a change of that, so that they no longer are allowed to just shoot human beings because they have thrown a rock," said Jesus Romo, the family's attorney.
The family also filed a civil case against the United States for monetary damage.
This is CBP's response to why they have used deadly force in rock throwing incidents.
Official CBP Statement
"CBP law enforcement personnel are trained to use deadly force in circumstances that pose a threat to their lives, the lives of their fellow law enforcement partners and innocent third parties. CBP is committed to ensuring that the use of force by our agents and officers is appropriate and consistent with agency standards and procedures."
This is a link the U.S. Department of Justice's full statement: