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Family Officially Files Claim Against Border Patrol

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    The family of a woman shot and killed by a Border Patrol agent in Chula Vista, Calif., on Sept. 28 officially filed a wrongful death claim against the Border Patrol Friday.

    Mother of five Valeria “Munique” Alvarado, aka Valeria Tachiquin, was killed by a plainclothes agent while he was checking on potential drug activity near Moss Street and Oaklawn Avenue.

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    The family of 32-year-old Valeria Alvarado, who was shot and killed by a U.S. Customs and Border Protection agent Friday in Chula Vista, is outraged over her death, saying the shooting was unjustified. NBC 7's Tony Shin reports. (Published Saturday, Sept. 29, 2012)

    Alvarado, 32, allegedly hit the agent with her car and carried him on her hood. The agent killed her because he said he feared for his life.

    Since then, Alvarado’s family has hired attorney Gene Iredale to help them fight for justice against the shooting they believe was unjustified.

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    Iredale said the family intends to sue not only the Border Patrol agent responsible for Alvarado’s death, but also the agency responsible for hiring him, claiming they did not do a proper background check.

    The family said the agent used excessive force the day he killed Alvarado in the residential area.

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    Family, neighbors and friends of Valeria "Monique" Alvarado are saddened over her death. She was shot and killed by a border patrol agent in Chula Vista. NBC 7's Elena Gomez reports. (Published Sunday, Sept. 30, 2012)

    A summary of the documents filed Friday show details about the agent’s employment history at the Imperial County Sheriff’s Department.

    On Tuesday, NBC 7 Investigates went through 1,400 pages of court documents linked to the case.

    Those court records show the agent, who was formerly a deputy, was cited and suspended for incompetence, violating rules of conduct, and unbecoming conduct.

    “Time after time during his work with the Imperial County Sheriff's Office that he was incapable of being a temperate, discreet, appropriate law enforcement officer,” said Iredale.

    Border Patrol and the Chula Vista Police Department have not named the agent. NBC 7 obtained the agent's name through other means and verified that name with sources in three law enforcement agencies.

    The claim filed by the Alvarado family is a precursor to a lawsuit that will seek damages for the family.