Family of man who died after Border Patrol confrontation gets $1M settlement

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SAN DIEGO - A $1 million settlement was tentatively approved Thursday in a federal lawsuit filed by the family of a Mexican man who died in 2010 following a confrontation with Border Patrol agents at the San Ysidro Port of Entry.

The settlement will be divided among the five children of Anastasio Hernandez Rojas, said Magistrate Judge Louisa Porter.

The judge told two of the victim's children to use the money wisely.

"He (your father) came to this country to improve his life," the judge said, telling the children that he would want them to use the money to have a good life.

The judge said final approval would come as soon as questions about a potential probate account were answered.

Hernandez Rojas and his brother were caught trying to illegally enter the United States near Otay Mesa on May 28, 2010.

According to the lawsuit, a Border agent threw Hernandez Rojas against a wall and kicked his legs apart, striking metal pins in his ankle from an old accident.

Hernandez Rojas was transported back to the border and a struggle ensued, according to the lawsuit.

Authorities said Hernandez Rojas resisted their efforts to restrain him, but according to the lawsuit, the victim was grabbed from behind and hit with batons, then held face down and had an agent kneel on his back.

Agents said the victim resisted and kicked at them as they tried to arrest him.

According to the lawsuit, a backup officer fired a Taser at Hernandez Rojas and different officers held him down.

Hernandez Rojas stopped breathing and died two days later at a hospital.

An autopsy showed that several factors contributed to a fatal heart attack, and that the victim wouldn't have died if he hadn't been under the influence of methamphetamine, the Justice Department said.

A federal investigation concluded in November 2015 that no criminal charges would be brought against the agents involved.